Republic of Uganda

UGANDA NATIONAL OIL COMPANY

Request for Proposals Document

for
Procurement of Consultancy Services Following
Publication of a Notice of Expression of Interest

Subject of Procurement: Consultancy Services for the Preliminary Engineering

Design, Detailed Engineering Design and Bidding
Documentation, Assistance During Bidding and Bid
Evaluation for the access roads and the Internal Roads to
the Kabaale Industrial Park

Procurement Reference UNOC/CONS/20-21/00020

Number:

Date of Issue: 11th March 2021

RFP for Consultancy Services following publication of a notice of Expression of Interest issued by PPDA, March 2014
 PREFACE
1. This Standard Request for Proposals (RFP) document has been prepared by the Public
Procurement and Disposal of Public Assets Authority (PPDA) for use by Procuring and Disposing
Entities (PDEs) for the procurement of Consultancy Services following publication of a notice of
expression of interest. The procedures and practices presented in this RFP have been developed
to reflect the requirements of the Public Procurement and Disposal of Public Assets Act, 2003
and the Public Procurement and Disposal of Public Assets, Regulations 2014 and best
international procurement practices.

2. This RFP can be used with the different selection methods described in the PPDA (Procurement
of Consultancy Services) Regulations, 2014 i.e. quality and cost based selection (QCBS), quality
based selection (QBS), fixed budget selection (FBS), least cost selection (LCS) and consultants
qualifications selection (CQS). The User Guide to this RFP further elaborates on how to use these
methods of evaluation in the RFP.

3. Before using this RFP, the user should be familiar with the PPDA Act, 2003 and Regulations, 2014
and should read the User Guide to this RFP which has been prepared to provide guidance in the
correct use of the Standard RFP for Consultancy Services as a model for preparing an individual
Request for Proposals Document.

The PPDA welcomes any feedback or comments from the users of this RFP which will assist in
improving this document.

The Executive Director,

Public Procurement and Disposal of Public Assets Authority
P.O. Box 3925,
KAMPALA.
info@ppda.go.ug
www.ppda.go.ug

RFP for Consultancy Services following publication of a notice of Expression of Interest issued by PPDA, March 2014
 Standard Request for Proposals Document

Table of Contents

Section 1. Instructions to Consultants 3

Section 2. Proposal Data Sheet 25
Section 3. Evaluation Methodology and Criteria 29
Section 4. Proposal Forms 34
Section 5. Eligible Countries
54
Section 6. Statement of Requirements 55
Section 7. General Conditions of Contract 78
Section 8. Special Conditions of Contract 98
Section 9. Contract Forms 101

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Standard Invitation to Consultants

Standard Invitation to Consultants

11th March 2021

To All Shortlisted Consultants

Procurement Reference No: UNOC /CONS/20-21/00020

Consultancy Services for the Preliminary Engineering Design, Detailed Engineering

Design and Bidding Documentation, Assistance During Bidding and Bid Evaluation for
the access roads and the Internal Roads to the Kabaale Industrial Park:

1. Uganda National Oil Company (UNOC) has allocated funds to be used for the
procurement of a Consultancy firm for Provision of Consultancy Services for the
Preliminary Engineering Design, Detailed Engineering Design and Bidding Documentation,
Assistance During Bidding and Bid Evaluation for the access roads and the Internal Roads
to the Kabaale Industrial Park

2. UNOC invites your sealed proposals for the provision of the above services.

3. Bidding will be conducted in accordance with the with the method of shortlisting of
consultants following publication of an expression of interest contained in the
Government of Uganda’s Public Procurement and Disposal of Public Assets Act,
2003 the PPDA (Procurement of Consultancy services) Regulations, 2014 and the
procedures described in Part 1: Proposal Procedures.
4. This letter of invitation has been addressed to the following short-listed
consultants/consultancy firms:
a) Gauff Consultants (U) Ltd
b) Kkatt Consult in Association with Denmar Consulting Ltd
c) Newplan Ltd in Joint Venture with Norplan (Tz) Ltd
d) Prome Consultants Ltd
e) MBW Consulting Ltd
f) Kagga & Partners Ltd
g) MBJ Technologies Ltd in association with Hersun Consults Ltd.

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Standard Invitation to Consultants

5. You may obtain further information and inspect the proposal documents at the
address given below at 8(a) from Monday to Friday except Public Holidays from
8:00am- 5:00pm.

6. Proposals must be delivered to the address below at 8(c) at or before 10:00am on

7th April 2021. Late proposals shall be rejected. Proposals will be opened in the
presence of the consultants’ representatives who choose to attend at the address
below at 8(d) at 11:30am on 7th April 2021.

7. There shall be a pre – proposal meeting on site as indicated in the proposed

schedule in this notice.

8. (a) Documents may be inspected at:

Uganda National Oil Company
2nd Floor, Left Wing.
Plot 15, Yusuf Lule Road, Nakasero, Kampala
Tel: + 256 312 444600
E-mail: pl.unoc@unoc.co.ug

(b) Documents will be issued from: same as 8(a) above.

(c) Proposals must be delivered to: same as 8(a) above.
(d) Address of Proposal Opening: same as 8(a) above.
9. Please inform us, upon receipt:
(a) that you received the letter of invitation; and
(b) whether you will submit a proposal alone or in association.

10. The planned procurement schedule (subject to changes) is as follows:

Activity Date
a. Issue of invitation to bid letter 11th March, 2021
b. Site visit and Pre-proposal 17th and 18th March, 2021
meeting.
c. Proposal closing date 7th April 2021
d. Evaluation process 7th April to 14th May 2021
e. Display and communication of After evaluation of both technical and
best evaluated bidder notice financial proposals
f. Contract Signature (After expiry of at least 10 working days from
display of the best evaluated bidder notice
and Attorney General’s approval)

JEROMMY NDURU
HEAD PROCUREMENT AND LOGISTICS

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Part 1: Section 1 Instructions To Consultants

PART 1 – Proposal Procedures

Section 1: Instructions to Consultants

Table of Clauses
A. General 5
1. Scope of Proposal 5
2. Source of Funds 5
3. Corrupt Practices 5
4. Eligible Consultants 6
5. Conflict of Interest 7
B. Request for Proposals Document 8
6. Contents of Request for Proposals Document 8
7. Clarification of Request for Proposals Document 9
8. Amendment of Request for Proposals Document 9
C. Preparation of Proposals 10
9. Cost of Proposals 10
10. Language of Proposal and Communications 10
11. Preparation of Proposals 10
12. Joint Ventures, Associations and Sub-contracting 10
13. Professional Staff 11
14. Technical Proposal 11
15. Financial Proposal 12
16. Proposal Prices 13
17. Currencies of Proposal 13
18. Documents Establishing the Eligibility of the Consultant 14
19. Documents Establishing the Qualifications of the Consultant 14
20. Period of Validity of Proposals 14
21. Proposal Securing Declaration 14
22. Format and Signing of Proposal 15
D. Submission and Opening of Proposals 15
23. Sealing and Marking of Proposals 15
24. Deadline for Submission of Proposals 16
25. Late Proposals 16
26. Withdrawal and Replacement of Proposals 16
27. Proposal Opening 17
E. Evaluation of Proposals 18
28. Confidentiality 18
29. Clarification of Proposals 18
30. Compliance and Responsiveness of Proposals 18
31. Nonconformities, Errors, and Omissions 19
32. Preliminary Examination of Proposals – Eligibility and Administrative
Compliance 20

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Part 1: Section 1 Instructions To Consultants

33. Detailed Evaluation 20

34. Opening of Financial Proposals 20
35. Conversion to Single Currency 21
36. Margin of Preference 21
37. Financial Comparison of Proposals 22
38. Determination of Best Evaluated Proposal 22
39. Post-qualification of the Consultant 22
40. Negotiations 23
F. Award of Contract 23
41. Award Procedure 23
42. Procuring and Disposing Entity’s Right to Accept or Reject Any or All
Proposals 23
43. Signing and effectiveness of the Contract 23
44. Debriefing 24
45. Administrative Review 24

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Part 1: Section 1 Instructions To Consultants

Section 1. Instructions to Consultants

A. General
1. Scope of Proposal
1.1 The Procuring and Disposing Entity indicated in the Proposal Data Sheet
(PDS), invites proposals for the provision of the Services specified in Section
6, Statement of Requirements (SOR) to commence on the date indicated in
the SOR.
1.2 Procurement will be undertaken in compliance with the Public Procurement
and Disposal of Public Assets Act, 2003 and Regulations, 2014.
1.3 The Instructions to Consultants (ITC) should be read in conjunction with the
PDS. The subject and procurement reference number, and where applicable
the number of lots of this Request for Proposals Document are provided in
the PDS.
1.4 Throughout this Request for Proposals Document:
(a) the term “in writing” means communicated in written form with proof
of receipt;
(b) if the context so requires, singular means plural and vice versa;
(c) “day” means working day, and “month” means working month.
2. Source of Funds
2.1 The Procuring and Disposing Entity has an approved budget from
Government funds towards the cost of the procurement described in the PDS.
The Procuring and Disposing Entity intends to use these funds to place a
contract for which this Request for Proposals Document is issued.
2.2 Payments will be made directly by the Procuring and Disposing Entity and will
be subject in all respects to the terms and conditions of the resulting contract
placed by the Procuring and Disposing Entity.
3. Corrupt Practices
3.1 It is the Government of Uganda’s policy to require that Procuring and
Disposing Entities, as well as Consultants, observe the highest standards of
ethics during procurement and the execution of contracts. In pursuit of this
policy, the Government of Uganda;
(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, directly or indirectly, of anything of value, to influence
the action of a public official in the procurement process or in
contract execution;

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Part 1: Section 1 Instructions To Consultants

(ii) “fraudulent practice” is any act or omission, including a

misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a financial or other benefit or
to avoid an obligation;
(iii) “collusive practice” is an arrangement between two or more parties
designed to achieve an improper purpose, including to influence
improperly the actions of another party;
(iv) “coercive practice” is impairing or harming, or threatening to
impair or harm, directly or indirectly, any party or the property of
the party to influence improperly the actions of a party;
(b) will reject a recommendation for award if it determines that the
Consultant recommended for award has engaged in corrupt or
fraudulent practices in competing for the Contract;
(c) will suspend a Consultant from engaging in any public procurement
proceeding for a stated period of time, if it at any time determines that
the Consultant has engaged in corrupt or fraudulent practices in
competing for, or in executing, a Government contract.
3.2 Furthermore, Consultants shall be aware of the provision stated in Sub Clause
15.1(g)-(h) and Sub Clause 2.2 of the General Conditions of Contract.
3.3 In pursuit of the policy defined in Sub-Clause 3.1, the Procuring and Disposing
Entity may terminate a contract or be ordered by the Public Procurement and
Disposal of Public Assets Appeals Tribunal to cancel a contract if it at any time
determines that corrupt, fraudulent, collusive or coercive practices were
engaged in by representatives of the Procuring and Disposing Entity or of a
Consultant during the procurement or the execution of that contract.
3.4 In pursuit of the policy defined in Sub-clause 3.1, . the Code of Ethical Conduct
for Bidders and Providers as provided in the bidding forms shall be signed by
the Bidder and submitted together with the other bidding forms. The
Government of Uganda may suspend a Consultant from engaging in any public
procurement or disposal process for a period determined by the Public
Procurement and Disposal of Public Assets Authority (herein referred to as the
Authority), where the Consultant is debarred from the procurement processes of
an international agency of which Uganda is a member.
3.5 Any communications between a Consultant and the Procuring and Disposing
Entity related to matters of alleged fraud or corruption must be made in
writing and addressed to the Accounting Officer of the Procuring and
Disposing Entity.
4. Eligible Consultants
4.1 A Consultant, and all parties constituting the Consultant, shall meet the
following criteria to be eligible to participate in public procurement:
(a) the Consultant has the legal capacity to enter into a contract;
(b) the Consultant is not:
(i) insolvent;
(ii) in receivership;
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Part 1: Section 1 Instructions To Consultants

(iii) bankrupt; or
(iv) being wound up
(c) the Consultant’s business activities have not been suspended;
(d) the Consultant is not the subject of legal proceedings for any of the
circumstances in (b); and
(e) the Consultant has fulfilled his or her obligations to pay taxes and social
security contributions.
4.2 A Consultant may be a natural person, private entity, government-owned
entity, subject to ITC Sub-Clause 4.6 or any combination of them with a formal
intent to enter into an agreement or under an existing agreement in the form
of a joint venture, consortium, or association. In the case of a joint venture,
consortium, or association, unless otherwise specified in the PDS, all parties
shall be jointly and severally liable. In the case of a consortium or association,
the formal intent shall be by way of Memorandum of Understanding which
shall be registered with the Registrar of documents if signed in Uganda or if
signed outside Uganda, shall be notarized.
4.3 A Consultant, and all parties constituting the Consultant including sub-
contractors and key professional staff, shall have the nationality of an eligible
country, in accordance with Section 5, Eligible Countries. A Consultant shall
be deemed to have the nationality of a country if the Consultant is a citizen or
is constituted, or incorporated, and operates in conformity with the provisions
of the laws of that country. This criterion shall also apply to the determination
of the nationality of proposed subcontractors for any part of the Contract
including related works or supplies.
4.4 A Consultant shall not have a conflict of interest, as defined in ITC Clause 5. All
Consultants found to be in conflict of interest shall be disqualified.
4.5 A firm that is under a declaration of suspension by the Authority in accordance
with ITC Clause 3.1 (c) or 3.4, at the date of the deadline for proposal
submission or thereafter before contract signature, shall be disqualified.
4.6 Government-owned enterprises shall be eligible only if they can establish that
they are legally and financially autonomous and operate under commercial
law.
4.7 Consultants shall provide such evidence of their continued eligibility
satisfactory to the Procuring and Disposing Entity, as the Procuring and
Disposing Entity shall reasonably request.
5. Conflict of Interest
5.1 Government policy requires that Consultants provide professional, objective,
and impartial advice and at all times hold the Procuring and Disposing Entity’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 Procuring and Disposing
Entities, or that may place them in a position of not being able to carry out the
assignment in the best interests of the Procuring and Disposing Entity.

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Part 1: Section 1 Instructions To Consultants

5.2 A Consultant may be considered to have a conflict of interest with one or more
parties in this procurement process, if they:
(a) have controlling shareholders in common; or
(b) receive or have received any direct or indirect subsidy from any of them;
or
(c) have the same legal representative for purposes of this proposal; or
(d) have a relationship with each other, directly or through common third
parties, that puts them in a position to have access to information about
or influence on the proposal of another Consultant, or influence the
decisions of the Procuring and Disposing Entity regarding this
procurement process; or
(e) submit more than one proposal in this procurement process. However,
this does not limit the participation of subcontractors in more than one
proposal, or as Consultants and subcontractors simultaneously; or
(f) have been engaged, or any of their affiliates have been engaged, by the
Procuring and Disposing Entity to provide supplies or works for the
same project : or
(g) may be in conflict with another of their, or their affiliates’ assignments
by performing this assignment.
5.3 Consultants hired to provide consultancy services for the preparation or
implementation of a project, and any of their affiliates, shall be disqualified
from subsequently providing supplies, works or services related to the initial
assignment (other than a continuation of the Consultant’s earlier consulting
services) for the same project.
5.4 Consultants may be hired for downstream work, when continuity is essential,
in which case this possibility shall be indicated in the PDS and the factors used
for the selection of the consultant will take the likelihood of continuation into
account. It will be the exclusive decision of the Procuring and Disposing Entity
whether or not to have the downstream assignment carried out, and if it is
carried out, which consultant will be hired for the purpose.
5.5 Any previous or ongoing participation in relation to the assignment by the
Consultant, its professional staff, or its affiliates or associates under a contract
with the Procuring and Disposing Entity or the Government of Uganda may
result in rejection of the proposal. Consultants should clarify their situation
in that respect with the Procuring and Disposing Entity before preparing the
proposal.

B. Request for Proposals Document

6. Contents of Request for Proposals Document
6.1 This Request for Proposals Document consists of Parts 1, 2, and 3, which
include all the Sections indicated below, and should be read in conjunction
with any addenda issued in accordance with ITC Clause 8.
PART 1 Procurement Procedures
▪ Section 1. Instructions to Consultants (ITC)
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Part 1: Section 1 Instructions To Consultants

▪ Section 2. Proposal Data Sheet (PDS)

▪ Section 3. Evaluation Methodology and Criteria
▪ Section 4. Proposal Forms
▪ Section 5. Eligible Countries
PART 2 Statement of Requirements
▪ Section 6. Statement of Requirements
PART 3 Contract
▪ Section 7. General Conditions of Contract (GCC) for the Procurement of
Consultancy Services
▪ Section 8. Special Conditions of Contract (SCC)
▪ Section 9. Contract Forms
6.2 The letter inviting Consultants to submit proposals is not part of the Request
for Proposals Document.
6.3 Proposals from Consultants who did not obtain the Request for Proposals
Document directly from the Procuring and Disposing Entity will be rejected
during evaluation. Where the Request for Proposals Document is obtained
from the Procuring and Disposing Entity on a Consultant’s behalf, the
Consultant’s name must be registered with the Procuring and Disposing Entity
at the time of sale and issue.
6.4 The Consultant is expected to examine all instructions, forms, terms, and
requirements in the Request for Proposals Document. Failure to furnish all
information or documentation required by the Request for Proposals
Document may result in the rejection of the proposal.
6.5 Where an electronic copy of the Request for Proposals document is issued, the
paper or hard copy is the original version. In the event of any discrepancy
between the two, the hard copy shall prevail.
7. Clarification of Request for Proposals Document
A prospective Consultant requiring any clarification of the Request for
Proposals Document shall contact the Procuring and Disposing Entity in
writing at the Procuring and Disposing Entity’s address indicated in the PDS.
The Procuring and Disposing Entity will respond in writing to any request for
clarification, provided that such request is received no later than the date
indicated in the PDS. The Procuring and Disposing Entity shall forward copies
of its response to all Consultants who have acquired the Request for Proposals
Document directly from it, including a description of the inquiry but without
identifying its source. Should the Procuring and Disposing Entity deem it
necessary to amend the Request for Proposals Document as a result of a
clarification, it shall do so following the procedure under ITC Clause 8 and Sub-
Clause 24.2.
8. Amendment of Request for Proposals Document
8.1 At any time prior to the deadline for submission of proposals, the Procuring
and Disposing Entity may amend the Request for Proposals Document by
issuing addenda.

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Part 1: Section 1 Instructions To Consultants

8.2 Any addendum issued shall be part of the Request for Proposals Document
and shall be communicated in writing to all who have obtained the Request
for Proposals Document directly from the Procuring and Disposing Entity.
8.3 To give prospective Consultants reasonable time in which to take an
addendum into account in preparing their proposals, the Procuring and
Disposing Entity may, at its discretion, extend the deadline for the submission
of proposals, pursuant to ITC Sub-Clause 24.2.

C. Preparation of Proposals
9. Cost of Proposals
The Consultant shall bear all costs associated with the preparation and
submission of its proposal, including any negotiations with or visits to the
Procuring and Disposing Entity, and the Procuring and Disposing Entity shall
not be responsible or liable for those costs, regardless of the conduct or
outcome of the procurement process.
10. Language of Proposal and Communications
10.1 The medium of communication shall be in writing unless otherwise specified
in the PDS.
10.2 The proposal, as well as all correspondence and documents relating to the
proposal exchanged by the Consultant and the Procuring and Disposing Entity,
shall be written in English.
10.3 Supporting documents and printed literature that are part of the proposal may
be in another language provided they are accompanied by an accurate
translation of the relevant passages in the language specified in ITC Sub-
Clause 10.2, in which case, for purposes of interpretation of the proposal, such
translation shall govern.
11. Preparation of Proposals
11.1 Consultants are required to prepare and submit separate technical and
financial proposals. The proposal submission method shall be a one stage-two
envelope method, unless otherwise specified in the PDS. The one stage-two
envelope submission method requires a Consultant to submit a single
envelope containing two separately sealed envelopes, labelled technical and
financial proposals which are opened on different dates at separate proposal
openings.
11.2 A pre-proposal meeting will be held where indicated in the PDS. Attendance
at the pre-proposal meeting is optional.
12. Joint Ventures, Associations and Sub-contracting
12.1 If a Consultant considers that it does not have all the expertise for the
assignment, it may obtain a full range of expertise by associating with
individual consultant(s) or other Consultants or entities in a joint venture or
by sub-contracting as appropriate, unless otherwise specified in the PDS.

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Part 1: Section 1 Instructions To Consultants

12.2 Consultants must obtain the approval of the Procuring and Disposing Entity
to enter into a joint venture with Consultants not invited for this assignment
or other short-listed Consultants.
12.3 International Consultants for large contracts are encouraged to seek the
participation of national Consultants by entering into a joint venture with, or
subcontracting part of the assignment to national Consultants.
13. Professional Staff
13.1 For assignments on a staff-time basis, the estimated number of professional
staff-months or budget is given in the PDS. The proposal shall, however, be
based on the number of professional staff-months estimated by the
Consultant.
13.2 It is desirable that the majority of the key professional staff proposed are
permanent employees of the Consultant or have an extended and stable working
relationship with the Consultant.
13.3 Proposed professional staff must, as a minimum, have the experience
indicated in the Statement of Requirements, preferably working under
conditions similar to those prevailing in Uganda.
13.4 The consultant and the professional staff shall confirm their availability for the
assignment using the Forms included in section 4.
13.5 Alternative professional staff shall not be proposed, and only one curriculum
vitae (CV) may be submitted for each position.
13.6 As the determination of the Best Evaluated Proposal will be based, among
other factors, on an evaluation of proposed key professional staff, the
Procuring and Disposing Entity expects to award a contract on the basis of the
experts and specialists named in the proposal.
13.7 The Procuring and Disposing Entity will not consider substitutions unless
both parties agree that undue delay in the procurement 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 proposal may be rejected.
14. Technical Proposal
14.1 The technical proposal shall provide the following information using the
standard forms contained in Section 4, Proposal Forms:
(a) The declarations included in the Technical Proposal Submission Sheet
(Section 4.1.1);
(b) An outline of recent experience on assignments of a similar nature
(Section 4.1.2). For each assignment, the outline should indicate, inter
alia, the profiles of the staff proposed, the duration of the assignment,
the contract amount and the Consultant’s involvement;
(c) Any comments or suggestions on the Terms of Reference (Section 4.1.3);
(d) A description of the methodology for performing the assignment
(Section 4.1.4);

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(e) The list of the proposed staff team by specialism, the proposed
assignment of tasks for each staff team member and their timing
(Section 4.1.5);
(f) CVs of the proposed professional staff, signed by both the staff member
and the authorised representative submitting the proposal (Section
4.1.6). Key information should include the number of years working for
the Consultant and the degree of responsibility held in various
assignments; Confirmation of availability of staff (Section 4.1.7)
(g) Estimates of the total staff input (professional and support staff time)
needed to carry out the assignment, supported by bar chart diagrams
showing the time proposed for each professional staff team member
(Section 4.1.8);
(h) A description of the Work or Activity Schedule for performing the
assignment (Section 4.1.9)
(i) A Proposal Securing Declaration, as required by the ITC Clause 21
(Section 4.1.10);
(j) Written confirmation authorising the signatory of the proposal to
commit the Consultant, in accordance with ITC Sub-Clause 22.2;
(k) Documentary evidence in accordance with ITC Clause 18 establishing
the Consultant’s eligibility;
(l) Documentary evidence in accordance with ITC Clause 19 establishing
the Consultant’s qualifications to perform the contract if its proposal is
accepted;
(m) Any additional information requested in the PDS.
14.2 The technical proposal shall not include any financial information.
15. Financial Proposal
15.1 The financial proposal shall list all costs associated with the assignment, using
the following standard forms contained in Section 4, Proposal Forms:
(a) Financial Proposal Submission Sheet (Section 4.2.1);
(b) Summary of Proposal Price Breakdown of Lump Sum (Section 4.2.2);
(c) Breakdown of Fees (Section 4.2.3);
(d) Breakdown of Reimbursables (Section 4.2.4) for staff (foreign and
national in the field and at headquarters); such as subsistence (per diem,
housing), transportation (international and local for mobilisation and
demobilisation.
(e) Breakdown of Miscellaneous Expenses (Section 4.2.5), printing of
documents, etc.;
(f) Any additional information requested in the PDS.
15.2 The total proposal price shall be broken down into the following cost
components using the appropriate forms:
(a) Fees
(b) Reimbursable expenditure
(c) Miscellaneous expenses

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15.3 Where indicated in the PDS, the total proposal price shall be broken down into
the separate activities indicated in Section 6, Statement of Requirements with
the cost elements in ITC Sub Clause 15.2 expressed for each activity.
15.4 The financial proposal should clearly estimate, as a separate amount, the local
taxes (including social security), duties, fees, levies, and other charges
imposed under the applicable law, on the Consultant and their personnel
(other than nationals of or permanent residents in Uganda), unless the PDS
specifies otherwise.
15.5 The completed financial proposal forms will be used to compile the
Breakdown of Contract Price in any resulting Agreement as adjusted if
necessary, during evaluation or negotiation. The Breakdown of Contract Price
will determine prices for any additional Services or costs.
15.6 Where commissions and gratuities have or shall be paid by the Consultant in
relation to the assignment these shall be listed in the Financial Proposal
Submission Sheet.
16. Proposal Prices
16.1Prices quoted by the Consultant shall be fixed during the Consultant’s
performance of the Contract and not subject to variation on any account,
unless otherwise specified in the PDS. A proposal submitted with an
adjustable price quotation shall be treated as non responsive and shall be
rejected, pursuant to ITC Clause 30. However, if in accordance with the PDS,
prices quoted by the Consultant shall be subject to adjustment during the
performance of the Contract, a proposal submitted with a fixed price
quotation shall not be rejected, but the price adjustment shall be treated as
zero.
17. Currencies of Proposal
17.1 Unless otherwise specified in the PDS, proposal prices shall be quoted in the
following currencies:
(a) for Services originating in Uganda, the proposal prices shall be quoted in
Uganda Shillings, unless otherwise specified in the PDS; and
(b) for Services originating from outside Uganda, the proposal prices shall
be quoted in the currency of the expense or in the currency of the
Consultant’s country.
17.2 If a Consultant wishes to be paid in a currency or a combination of currencies
different from the one in which it was requested to express its quotation, it
shall as part of its offer:
(a) indicate its requirement to be paid in other currencies, including the
amount in each currency or the percentage of the quoted price
corresponding to each currency;
(b) justify, to the Procuring and Disposing Entity’s satisfaction, the
requirement to be paid in the currencies requested; and
(c) utilise the rate of exchange specified by the Procuring and Disposing
Entity to express its offer in the currency required by the Procuring and

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Disposing Entity. The source, date, and type of exchange rate to be used
is indicated in ITC Clause 35.
18. Documents Establishing the Eligibility of the Consultant
18.1 To establish their eligibility in accordance with ITC Clause 4, Consultants shall
complete the eligibility declarations in the Technical Proposal Submission
Sheet, included in Section 4, Proposal Forms and submit the documents
required in Section 3, Evaluation Methodology and Criteria.

19. Documents Establishing the Qualifications of the Consultant

To establish its qualifications to perform the Contract, the Consultant shall
submit any evidence specified in Section 3, Evaluation Methodology and
Criteria.
20. Period of Validity of Proposals
20.1 Proposals shall remain valid until the date specified in the PDS. A proposal
valid for a shorter period shall be rejected by the Procuring and Disposing
Entity as non-compliant.
20.2 During this period, the Consultant is expected to keep available the
professional staff proposed for the assignment. The Procuring and Disposing
Entity will make its best effort to complete the procurement process within
this period.
20.3 In exceptional circumstances, prior to the expiration of the proposal validity
period, the Procuring and Disposing Entity may request Consultants to extend
the period of validity of their proposals. The request and the responses shall be
made in writing. If a Proposal Securing Declaration is requested in accordance
with ITC Clause 21, it shall also be extended for a corresponding period. A
Consultant may refuse the request without being liable for execution of its
Proposal Securing Declaration. A Consultant granting the request shall not be
required or permitted to modify its proposal.
21. Proposal Securing Declaration
21.1 The Consultant shall furnish as part of its proposal a Proposal Securing
Declaration, in original form if specified in the PDS.
21.2 The Proposal Securing Declaration shall be submitted using the Form included
in Section 4, Proposal Forms. The Proposal Securing Declaration shall be valid
until the date specified in the PDS.
21.3 Any proposal not accompanied by a substantially responsive Proposal
Securing Declaration, if one is required in accordance with ITC Clause 21, shall
be rejected by the Procuring and Disposing Entity as non-compliant.
21.4 The Proposal Securing Declaration of all consultants shall be returned as
promptly as possible once the successful consultant has signed the Contract
or upon request by the unsuccessful consultant after publication of the notice
of best evaluated bidder.

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21.5 A Consultant may be suspended by the Authority from participating in public

procurement and disposal activities:
(a) if a Consultant withdraws its proposal during the period of proposal
validity specified by the Consultant on the Proposal Submission Sheet,
except as provided in ITC Sub-Clause 20.3; or
(b) if the successful Consultant fails to:
(i) sign the Contract in accordance with ITC Clause 43;
(ii) furnish any Performance Security required in accordance with ITC
Clause 45; or
(iii) accept the correction of its proposal price pursuant to ITC Sub-
Clause 31.5
22. Format and Signing of Proposal
22.1 The Consultant shall prepare one original of each of the documents
comprising the technical and the financial proposal as described in ITC
Clauses 14 and 15 and clearly mark both “ORIGINAL”. In addition, the
Consultant shall submit copies of both the technical and financial proposals,
in the number specified in the PDS and clearly mark each of them “COPY”. In
the event of any discrepancy between the original and the copies, the original
shall prevail.
22.2 The original and all copies of the proposal shall be typed or written in indelible
ink and shall be signed by a person duly authorised to sign on behalf of the
Consultant
The name and position held by each person signing the authorisation must be
typed or printed below the signature. All pages of the proposal, except for un
amended printed literature, shall be signed or initialled by the person signing the
proposal.
22.3 Any interlineations, erasures, or overwriting shall be valid only if they are
signed or initialled by the person signing the proposal.

D. Submission and Opening of Proposals

23. Sealing and Marking of Proposals
23.1 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 separate sealed envelope clearly marked
“Financial Proposal”. The envelopes shall be securely sealed in such a manner
that opening and resealing cannot be achieved undetected.
23.2 The envelopes containing the technical and financial proposals shall:
(a) bear the name and address of the Consultant;
(b) be addressed to the Procuring and Disposing Entity in accordance with
ITC Clause 24.1; and
(c) bear the Procurement Reference Number of this procurement process.

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23.3 The financial proposal shall also bear a warning “Do Not Open with the
technical proposal”.
23.4 The two envelopes shall be placed in an outer envelope which shall be
securely sealed in such a manner that opening and resealing cannot be
achieved undetected.
23.5 The outer envelope shall:
(a) bear the name and address of the Consultant;
(b) be addressed to the Procuring and Disposing Entity in accordance with
ITC Sub-Clause 24.1;
(c) bear the Procurement Reference number of this procurement process;
and
(d) bear a warning not to open before the time and date for proposal
opening, in accordance with ITC Sub-Clause 24.1.
23.6 If all envelopes are not sealed and marked as required, the Procuring and
Disposing Entity will assume no responsibility for the misplacement or
premature opening of the proposal.
24. Deadline for Submission of Proposals
24.1 Proposals must be received by the Procuring and Disposing Entity at the
address and no later than the date and time indicated in the PDS.
24.2 The Procuring and Disposing Entity may, at its discretion, extend the deadline
for the submission of proposals by amending the Request for Proposals
Document in accordance with ITC Clause 8, in which case all rights and
obligations of the Procuring and Disposing Entity and Consultants previously
subject to the deadline shall thereafter be subject to the deadline as extended.
25. Late Proposals
The Procuring and Disposing Entity shall not consider any proposal that
arrives after the deadline for submission of proposals, in accordance with ITC
Clause 24. Any proposal received by the Procuring and Disposing Entity after
the deadline for submission of proposals shall be declared late, rejected, and
returned unopened to the Consultant.
26. Withdrawal and Replacement of Proposals
26.1 A Consultant may withdraw or replace its proposal after it has been submitted
at any time before the deadline for submission of proposals by sending a
written notice, duly signed by an authorised representative, which shall
include a copy of the authorisation in accordance with ITC Sub-Clause 22.2.
Any corresponding replacement of the proposal must accompany the
respective written notice. All notices must be:
(a) submitted in accordance with ITC Clauses 22 and 23 (except that
withdrawals notices do not require copies), and in addition, the
respective envelopes shall be clearly marked “WITHDRAWAL” or
“REPLACEMENT”; and

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(b) received by the Procuring and Disposing Entity prior to the deadline
prescribed for submission of proposals, in accordance with ITC Clause
24.
26.2 Proposals requested to be withdrawn in accordance with ITC Sub-Clause 26.1
shall be returned unopened to the Consultant.
26.3 No proposal may be withdrawn or replaced in the interval between the
deadline for submission of proposals and the expiration of the period of
proposal validity specified by the Consultant on the Proposal Submission
Sheet or any extension thereof.
26.4 Proposals may only be modified by withdrawal of the original proposal and
submission of a replacement proposal in accordance with ITC Sub-Clause 26.1.
Modifications submitted in any other way shall not be taken into account in
the evaluation of proposals.
27. Proposal Opening
27.1 The Procuring and Disposing Entity shall conduct the proposal opening in the
presence of Consultants` designated representatives who choose to attend, at
the address, date and time specified in the PDS.
27.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and
the envelope with the corresponding proposal shall not be opened, but
returned to the Consultant. No proposal withdrawal shall be permitted unless
the corresponding withdrawal notice contains a valid authorisation to request
the withdrawal and is read out at the proposal opening.
27.3 All other outer envelopes including those marked “REPLACEMENT” shall be
opened and the technical proposals within them opened. Replacement
proposals shall be recorded as such on the record of the proposal opening.
27.4 All technical proposals shall be opened one at a time, reading out: the name of
the Consultant; the presence of a Proposal Securing Declaration, if required;
and any other details as the Procuring and Disposing Entity may consider
appropriate. No proposal shall be rejected at the proposal opening except for
late proposals, in accordance with ITC Sub-Clause 25.1.
27.5 Only envelopes that are opened and read out at the proposal opening shall be
considered further.
27.6 The financial proposals shall remain sealed until the time and date notified for
the opening of the financial proposals. Evaluators of technical proposals shall
have no access to the financial proposals until the detailed evaluation is
concluded and the result established.
27.7 The Procuring and Disposing Entity shall prepare a record of the proposal
opening that shall include, as a minimum: the name of the Consultant, the
presence or absence of a Proposal Securing Declaration where required and
any other information that is required to be stated at the public opening as
indicated in the request for proposals. The Consultants’ representatives who
are present shall be requested to sign the record. The omission of a
Consultant’s signature on the record shall not invalidate the contents and
effect of the record. A copy of the record shall be distributed to Consultants

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upon payment of a fee and displayed on the Procuring and Disposing Entity’s
Notice Board within one working day from the date of the Proposal Opening.

E. Evaluation of Proposals
28. Confidentiality
28.1 Information relating to the examination, evaluation, comparison, and post-
qualification of proposals, and recommendation of contract award, shall not
be disclosed to Consultants or any other persons not officially concerned with
such process until information detailing the Best Evaluated Bidder is
communicated to all Consultants.
28.2 Any effort by a Consultant to influence the Procuring and Disposing Entity in
the examination, evaluation, comparison, and post-qualification of the
proposals or contract award decisions may result in the rejection of its
proposal.
28.3 Notwithstanding ITC Clause 28.2, from the time of proposal opening to the
time of Contract award, if any Consultant wishes to contact the Procuring and
Disposing Entity on any matter related to the procurement process, it should
do so in writing.
29. Clarification of Proposals
To assist in the examination, evaluation, comparison and post-qualification of
the proposals, the Procuring and Disposing Entity may, at its discretion, ask
any Consultant for a clarification of its proposal. Any clarification submitted
by a Consultant that is not in response to a request by the Procuring and
Disposing Entity shall not be considered. The Procuring and Disposing
Entity’s request for clarification and the response shall be in writing. The
request for clarification shall be copied to all Consultants for information
purposes. No change in the price or substance of the proposal shall be sought,
offered, or permitted, except to confirm the correction of arithmetic errors
discovered by the Procuring and Disposing Entity in the evaluation of the
financial proposals, in accordance with ITC Clause 31.4.
30. Compliance and Responsiveness of Proposals
30.1 The Procuring and Disposing Entity’s determination of a proposal’s
compliance and responsiveness shall be based on the contents of the proposal
itself.
30.2 A substantially compliant and responsive proposal is one that conforms to all
the terms, conditions, and requirements of the Request for Proposals
Document without material deviation, reservation, or omission. A material
deviation, reservation, or omission is one that:
(a) is inconsistent with the request for proposal and which may limit in any
substantial way, the rights of the procuring and disposing entity or the
obligations of the consultant under the contract;
(b) if corrected would unfairly affect the competitive position of the other
consultants whose proposals are administratively compliant; or

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(c) impacts the key factors of a procurement including cost, risk, time and
quality and causes unacceptable -
(i) time schedules, where it is stated in the request for proposals
that time is of the essence;
(ii) alternative technical details, such as design, materials,
workmanship, specifications, standards or methodologies; or
(iii) counter proposals with respect to key contract terms and
conditions, such as payment terms, price adjustment, liquidated
damages, sub-contracting or warranty.
30.3 If a proposal is not substantially compliant and responsive to the Request for
Proposals Document, it shall be rejected by the Procuring and Disposing Entity
and may not subsequently be made compliant and responsive by the
Consultant by correction of the material deviation, reservation, or omission.
31. Nonconformities, Errors, and Omissions
31.1 Provided that a proposal is substantially compliant and responsive, the
Procuring and Disposing Entity may waive any non-conformity or omission in
the proposal that does not constitute a material deviation.
31.2 Provided that a proposal is substantially compliant and responsive, the
Procuring and Disposing Entity may request that the Consultant submit the
necessary information or documentation, within a reasonable period of time,
to rectify nonmaterial nonconformities or omissions in the proposal related
to documentation requirements. Such omission shall not be related to any
aspect of the price of the proposal. Failure of the Consultant to comply with
the request may result in the rejection of its proposal.
31.3 Provided that a proposal is substantially compliant and responsive, the
Procuring and Disposing Entity shall rectify nonmaterial nonconformities or
omissions. To this effect, the proposal price may be adjusted, for comparison
purposes only, to reflect the price of the missing or non-conforming item or
component.
31.4 Provided that the proposal is substantially compliant and responsive, the
Procuring and Disposing Entity shall correct arithmetic errors on the
following basis:
(a) if there is a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity, the unit price shall
prevail and the total price shall be corrected, unless in the opinion of the
Procuring and Disposing Entity there is an obvious misplacement of the
decimal point in the unit price, in which case the total price as quoted
shall govern and the unit price shall be corrected;
(b) if there is an error in a total corresponding to the addition or subtraction
of subtotals, the subtotals shall prevail and the total shall be corrected;
and
(c) if there is a discrepancy between words and figures, the amount in
words shall prevail, unless the amount expressed in words is related to

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an arithmetic error, in which case the amount in figures shall prevail

subject to (a) and (b) above.
31.5 If the Consultant that submitted the best evaluated bid does not accept the
correction of errors, its proposal shall be rejected and it may be suspended by
the Authority from participating in public procurement and disposal activities.
32. Preliminary Examination of Proposals – Eligibility and Administrative
Compliance
32.1 The Procuring and Disposing Entity shall examine the legal documentation
and other information submitted by Consultants to verify the eligibility of
Consultants in accordance with ITC Clause 4.
32.2 If after the examination of eligibility, the Procuring and Disposing Entity
determines that the Consultant is not eligible, it shall reject the proposal.
32.3 The Procuring and Disposing Entity shall examine the technical proposals to
confirm that all documents and technical documentation requested in ITC
Clause 14 has been provided, and to determine the completeness of each
document submitted.
32.4 The Procuring and Disposing Entity shall confirm that the following
documents and information have been provided in the technical proposal. If
any of these documents or information is missing, the offer shall be rejected.
(a) Technical Proposal Submission Sheet, including:
(i) a brief description of the services offered; and
(ii) the correct validity date of the proposal
(b) separately sealed financial proposal;
(c) written confirmation of authorisation to commit the Consultant; and
(d) a Proposal Securing Declaration, if required.
33. Detailed Evaluation
33.1 The Procuring and Disposing Entity shall technically evaluate the proposals
on the basis of the Consultant’s responsiveness to the Terms of Reference,
applying the evaluation criteria, sub-criteria, and methodology specified in
Section 3. A proposal shall be rejected at this stage if it does not respond to
important aspects of the Terms of Reference or if it fails to achieve any
minimum technical score indicated in Section 3.
33.2 The Procuring and Disposing Entity may, where so indicated in the PDS,
conduct interviews with the key staff stated in the PDS. The expected method
and date of interview shall be as indicated in the PDS. All costs associated with
any interviews shall be for the account of the consultant(s) concerned.
Consultants shall be provided with adequate notice of any interviews planned.
33.3 The proposals proceeding to the financial evaluation shall be determined in
accordance with the methodology and criteria specified in Section 3.
34. Opening of Financial Proposals
34.1 After the detailed evaluation is completed, the Procuring and Disposing Entity
shall notify those Consultants whose proposals did not qualify for the financial
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opening, indicating reasons why their proposal was disqualified and that their
financial proposals will be returned unopened after of at least 10 working days
from display of the best evaluated bidder notice.

34.2 The Procuring and Disposing Entity shall simultaneously notify the
Consultant(s) whose proposals passed the technical evaluation stage,
indicating the date and time set for the opening of financial proposal(s). The
opening date shall not be sooner than one week after the notification date. The
notification will be sent in writing.
34.3The financial proposal(s) shall be opened in the presence of the Consultants’
representatives who choose to attend. The name of the Consultant, the
technical score, and the proposal price(s) shall be read out and recorded when
the financial proposal(s) are opened. The Procuring and Disposing Entity shall
prepare minutes of the public opening.
35. Conversion to Single Currency
For evaluation and comparison purposes, the Procuring and Disposing Entity
shall convert all proposal prices expressed in the amounts in various
currencies into a single currency, using the selling exchange rate established
by the source and on the date twenty one days prior to the deadline for closing
of proposals. Should this date be a non working day the selling exchange rate
on the date prior to this non working day shall be used for currency
conversion or as otherwise specified in the PDS.
36. Margin of Preference
36.1 Unless otherwise specified in the PDS, a margin of preference shall apply.
Where a Margin of Preference applies, its application and detail shall be
specified in Section 3, Evaluation Methodology and Criteria.
36.2 For the purpose of granting a margin of domestic preference, proposals will
be classified in one of three groups, as follows:
(a) Group A: proposals from consultants incorporated or registered in
Uganda where more than fifty percent of the consultant’s capital is
owned by Ugandan citizens or by the Government or a procuring and
disposing entity of Uganda;
(b) Group B: proposals from joint ventures or associations registered in
Uganda and including a consultant qualifying under the conditions in
paragraph (a) which holds more than fifty percent beneficiary interest
in the joint venture or association; and
(c) Group C: all other proposals which do not qualify for preference under
paragraphs (a) or (b).
36.3 Consultants claiming eligibility for a Margin of Preference must complete the
declarations in the Financial Proposal Submission Sheet and provide
documentary evidence of their eligibility in accordance with paragraphs 36.2
(a) or (b) above.

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37. Financial Comparison of Proposals

37.1 The Procuring and Disposing Entity shall financially compare each financial
proposal that has been opened.
37.2 To financially evaluate a proposal, the Procuring and Disposing Entity shall
only use the criteria and methodologies defined in this Clause and in Section
3, Evaluation Methodology and Criteria. No other criteria or methodology
shall be permitted.
37.3 In the calculation of the evaluated price of each proposal, the Procuring and
Disposing Entity shall include the costs stated in Section 3, Evaluation
Methodology and Criteria.
37.4 To determine the evaluated price, the Procuring and Disposing Entity shall
consider the following:
(a) the proposal price;
(b) price adjustment for correction of arithmetic errors in accordance with
ITC Sub-Clause 31.4;
(c) adjustment for nonconformities and omissions in accordance with ITC
Sub-Clause 31.3; and
(d) adjustments due to the application of a margin of preference, in
accordance with ITC Clause 36.
38. Determination of Best Evaluated Proposal
The Procuring and Disposing Entity shall compare all substantially compliant
and responsive proposals to determine the best evaluated bid/proposal, in
accordance with Section 3, Evaluation Methodology and Criteria.
39. Post-qualification of the Consultant
39.1 If so stated in Section 3, the Procuring and Disposing Entity shall determine to
its satisfaction whether the Consultant that is selected as having submitted the
best evaluated proposal is qualified to perform the Contract satisfactorily.
39.2 The determination shall be based upon an examination of the documentary
evidence of the Consultant’s qualifications submitted by the Consultant,
pursuant to ITC Clause 19, to clarifications in accordance with ITC Clause 29
and the qualification criteria indicated in Section 3, Evaluation Methodology
and Criteria. Factors not included in Section 3 shall not be used in the
evaluation of the Consultant’s qualifications.
39.3 An affirmative determination shall be a prerequisite for award of the Contract
to the Consultant. A negative determination shall result in disqualification of
the proposal, in which event the Procuring and Disposing Entity shall proceed
to the next best evaluated proposal to make a similar determination of that
Consultant’s capabilities to perform satisfactorily.
39.4 If pre-qualification has been conducted, no post-qualification will be
conducted but pre-qualification information shall be verified.

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40. Negotiations
40.1 Negotiations may be undertaken with the best evaluated Bidder following the
evaluation of bids to finalise minor issues of the bid or the logistical
arrangements for the assignment. The cost of any negotiations shall be borne
by the respective parties themselves.
40.2 Negotiations shall not be conducted;
(a) to substantially change the technical quality or details of the
requirement, including the tasks or responsibilities of the Bidder;
(b) to materially alter the terms and conditions of contract stated in the
solicitation documents;
(c) primarily for the purposes of reducing prices; or
(d) to substantially alter anything which formed a crucial or deciding factor
in the evaluation of the bids.
40.3 Unless there are exceptional reasons, the financial negotiations will involve
neither the remuneration rates for staff nor other proposed unit rates except
in the case of the Quality Based Selection (QBS) evaluation methodology,
where the Bidder will be required to provide the information on fee rates
stated in Section 3, of the Bidding Document under Breakdown of Fixed Rates.

F. Award of Contract
41. Award Procedure
41.1 The Procuring Entity shall issue a Notice of Best Evaluated Bidder within five
working days after a decision of the contracts committee to award a contract,
place such Notice on its notice board for a prescribed period, copy the Notice
to all Consultants and the Authority for publication on its website.
41.2 A procuring and disposing entity shall not award a contract to the best
evaluated bidder until the lapse of ten days after the date of display of the
notice of the best evaluated bidder.
41.3 The Procuring and Disposing Entity shall award the Contract to the Consultant
whose offer has been determined to be the best evaluated proposal, provided
that the Consultant is determined to be qualified to perform the Contract
satisfactorily and subject to satisfactory negotiations.
42. Procuring and Disposing Entity’s Right to Accept or Reject Any or All
Proposals
The Procuring and Disposing Entity reserves the right to accept or reject any
proposal, and to annul the procurement process and reject all proposals at any
time prior to contract signature and issue by the Procuring and Disposing Entity,
without thereby incurring any liability to Consultants.
43. Signing and effectiveness of the Contract
43.1 On expiry of the ten working days after the date of display of the notice of the
best evaluated bidder and upon approval of the Attorney General where

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applicable, the Procuring and Disposing Entity shall sign a contract with the
successful Consultant.
43.2 Failure by the successful Consultant to sign the contract shall constitute
sufficient ground for annulment of the contract award.
43.3 Effectiveness of the Contract shall be subject any conditions specified in the
Contract.
44. Debriefing
Where a Consultant requests information on the reasons for their success or
failure of their proposal, the Procuring and Disposing Entity shall give the
Consultant a written debrief after the signing of the contract.

45. Administrative Review

Consultants may seek an Administrative Review by the Accounting Officer in
accordance with the Public Procurement and Disposal of Public Assets Act,
2003 if they are aggrieved with the decision of the Procuring and Disposing
Entity.

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Part 2: Section 2. Proposal Data Sheet

Section 2: Proposal Data Sheet

Instructions
to
Consultants
Data relevant to the ITC
Reference

A. General
ITC 1.1 The Procuring and Disposing Entity is: Uganda National Oil Company Ltd
(UNOC)
ITC 1.3 Subject: The subject of the procurement is: Consultancy Services for the
Preliminary Engineering Design, Detailed Engineering Design and
Bidding Documentation, Assistance During Bidding and Bid Evaluation
for the access roads and the Internal Roads to the Kabaale Industrial
Park.
ITC 1.3 Reference: The Procurement Reference Number is: UNOC/CONS/20-
21/00020
ITC 1.3 Lots: The number and identification of lots comprising this Request for
Proposals Document is: Not Applicable
The minimum and maximum number of Lots a Consultant may bid for is: Not
Applicable
ITC 4.2 Joint Ventures: The individuals or firms in a joint venture, consortium or
association shall be jointly and severally liable.
ITC 5.4 Downstream work: The Procuring and Disposing Entity do not envisage the
need for continuity for downstream work.

B. Request for Proposals Document

ITC 7 Clarification: For clarification purposes only the Procuring and Disposing
Entity’s address is:
The Head, Procurement and Logistics,
Uganda National Oil Company
2nd Floor, Left Wing.
Plot 15, Yusuf Lule Road, Kampala
Tel: + 256 312 444600
E-mail: pl.unoc@unoc.co.ug
The Procuring and Disposing Entity will respond to any request for
clarification provided that such request is received no later than no later than
five (05) working days prior to the deadline for submission of proposals.

C. Preparation of Proposals
ITC 10.1 Medium: The medium of communication shall be in writing.
ITC 11.1 Submission Method: The proposal submission method shall be: One stage
Two (02) envelope submission method

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Instructions
to
Consultants
Data relevant to the ITC
Reference

ITC 11.2 Site Visit/Pre-Proposal meeting:

Site Visit:
A site visit shall be held on 17th March 2021 at 8:00am in Hoima at the KIP
Offices.

Pre-Proposal meeting: A pre-proposal meeting shall be held on 18th March

2021 starting at 8:00am at the UNOC Hoima Offices located at Plot 8; Tayari
Road.

NB: Confirmation for attendance shall be done through the following

contacts:

The Head, Procurement and Logistics,

Uganda National Oil Company
2nd Floor, Left Wing.
Plot 15, Yusuf Lule Road, Kampala
Tel: + 256 312 444600
E-mail: pl.unoc@unoc.co.ug
ITC 12.1 Association: Short-listed Consultants Shall be permitted to associate with
individual Consultants or other Consultants or entities in a joint venture.
However, Short-listed Consultants shall not be permitted to associate with
other shortlisted Consultants.
ITC 12.2 Prior to granting approval to enter a joint venture, the Procuring and
Disposing Entity shall conduct an assessment of Consultants not invited for
this assignment.
ITC 13.1 Estimated Man Months: The estimated number of professional key staff-
months required for the assignment shall be: 22 Man (person) months.
ITB 13.3 Minimum Experience: Proposed professional staff must have the following
minimum experience: (See Section 6 ‘Statement of Requirements’ for further
information).
ITC Additional information in Technical Proposal: Additional information
14.1(m) required in the Technical Proposal includes: Terms of References
ITC 15.1 (f) Additional information in Financial Proposal: Additional information
required in the Financial Proposal includes: cost breakdown and
reimbursable.
ITC 15.3 Price Breakdown: The Financial Proposal shall be broken down into the
price for each Activity.

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Part 2: Section 2. Proposal Data Sheet

Instructions
to
Consultants
Data relevant to the ITC
Reference

ITC 15.4 Taxes: The Financial Proposal include all local taxes applicable;
Indicate taxes as a separate amount.
ITC 16.1 Prices: The prices quoted by the Consultant shall be: Fixed and Firm.

ITC 17.1 Currency: For Services originating in Uganda the currency of the proposal
(a) shall be: Uganda Shillings
ITC 17.1 Currency: For Services originating from outside of Uganda the currency of the
(b) proposal shall be: Uganda Shillings
ITC 20.1 Validity: Proposals must remain valid until; 30th November, 2021.
ITC 21.1 Proposal Securing Declaration: A Proposal Securing Declaration shall be
required.
ITC 21.2 Validity of Proposal Securing Declaration: The Proposal Securing
Declaration shall be valid until: 31st December, 2021.
ITC 22.1 Number of Copies: In addition to the original of the technical and financial
proposal, the number of copies of each required is: One (01) hard Copy and
one (01) Soft copy on either a flash disk or CD separately enclosed in
different envelopes.
ITC 22.2 Form of Authorisation: Power of Attorney registered with Uganda
Registration Service Bureau (URSB) if signed in Uganda or a Notarised Power
of Attorney if signed outside Uganda.

D. Submission and Opening of Proposals

ITC 24.1 Proposal Submission: For proposal submission purposes only, the Procuring
and Disposing Entity’s address is :

The Head, Procurement and Logistics,

Uganda National Oil Company
2nd Floor, Left Wing.
Plot 15, Yusuf Lule Road, Kampala
Tel: + 256 312 444600
E-mail: pl.unoc@unoc.co.ug

Date: 7th April 2021

Time (local time): 10:00am

ITC 27.1 Proposal Opening: The proposal opening for the technical proposal shall
take place at:

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Part 2: Section 2. Proposal Data Sheet

Instructions
to
Consultants
Data relevant to the ITC
Reference

Uganda National Oil Company

Date: 7th April 2021
Time (local time): 11:30am

NB: Due to COVID-19 restrictions, the bidders will attend a virtual

/online public bid opening through UNOC’s online platforms.

Bidders shall be required to send email and contact of their

representatives not later than 6th April 2021 at 5.00pm to
pl.unoc@unoc.co.ug
ITC 33.2 Interviews: Interviews shall not be held.

E. Evaluation of Proposals
ITC 35 Exchange Rate: The currency that shall be used for financial comparison
purposes to convert all proposal prices expressed in various currencies into a
single currency is:
The source of exchange rate shall be: Bank of Uganda.
The date for the exchange rate shall be: 7th April 2021 (the proposal
submission deadline)
ITC 36.1 Margin of Preference: A margin of preference shall apply.
If a margin of preference applies, the application methodology and the level of
margin shall be as stated in Section 3, Evaluation Methodology and Criteria.

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Part 2: Section 3. Evaluation Methodology and Criteria

Section 3. Evaluation Methodology and Criteria

Procurement Reference Number: UNOC /CONS/20-21/00020.

A Evaluation Methodology
The evaluation of Proposals will use the Quality and Cost Based Selection (QCBS)
methodology:
(a) preliminary examination on a pass/fail basis to determine the eligibility of the
consultants and assess their administrative compliance to the Invitation.
(b) detailed evaluation to assess the technical quality of proposals against the criteria
in the Terms of Reference in the invitation and determine their total technical score
using a merit point system.
(c) financial proposals of those consultants who will be substantially responsive and
meet the minimum qualifying mark will be opened and a financial comparison
carried out to examine financial proposals. A margin of preference of 7% shall
apply to the price only and shall be added to the price of the proposal which does
not qualify for preference and then the financial score of the price shall be
determined. The financial score of each proposal shall be determined.
(d) Technical and financial scores will be combined, using the weightings given in the
invitation, to give a total score for each proposal. The consultant with the highest
total score will be ranked first and recommended for contract award, with the
quoted price after excluding the margin of preference.
B Preliminary Examination Criteria
Consultants are requested to submit copies of the following documents as evidence of
your eligibility and sign the declaration in the Technical Proposal Submission Sheet:
a) Power of Attorney to the signatory of the technical and financial proposals dully
signed and registered by URSB.
b) A Confirmation that the company/consortium submitting the proposal was one of
those shortlisted for this procurement.
c) A Technical Submission Sheet dully signed by the authorized persons
d) A Proposal -Securing Declaration form valid up to 31st December, 2021
e) A Code of ethical conduct in business for bidders and providers

C. Technical Criteria
Summary of maximum scores for Technical Proposal
Specific Experience 30 points
Methodology Proposed 25 points
Key Personnel 35 points
Transfer of Knowledge 05 points
Participation by Nationals 05 points
Total: 100 points

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Part 2: Section 3. Evaluation Methodology and Criteria

The minimum technical score required to pass the technical evaluation is:
75 points.

The minimum
The minimum technical score required to pass the technical evaluation is: 75
points.

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Part 2: Section 3. Evaluation Methodology and Criteria

ii) Details of the technical requirements

No Required capability

Technical Criteria
1. Specific Experience:
This shall be assessed against the requirements of the assignment as
described in the ToR in section 7, that is, Preliminary design, detailed
engineering design for the 38 kilometres, preparation of bidding documents
and assistance in the bidding and bid evaluation process for the roads.

Six (6) projects will be assessed against the requirements above in terms of
nature, scope and merited accordingly.

2. Methodology Proposed
Proposed Methodology for each of the components as per the Terms of
Reference.
The sub criteria for scoring the methodology shall be as follows;
a) Comments on the terms of reference……………………………………..1
b) Understanding the assignment, technical approach ……………...12
c) Workplan …………………………………………………………………………….6
d) Organisation and Staff schedule…………………………………………….6
25
3. Key Personnel
Qualifications of the key team members (including resumes and professional
registrations) as per the Terms of Reference.
Each Key staff shall be evaluated against a 100% point scale as shown below;

a) General Qualifications (academic and professional)………30

b) Nature and scope of 5 relevant executed assignments…. 60
c) Experience in the East African Region…………………………..10
100
The scores attained above for each staff shall be scaled down to the 35 points
scale in 3 (a)(i) above , as shown below;
Item Position Weight
1) Team Leader/ Highway Engineer 6
2) Materials Engineer 5
3) Bridges and Structures 3
4) Electrical Engineer 3
5) Environmental Health Safety Specialist 3
6) Senior Land Economist 3
7) Land Surveyor 3
8) Sociologist/ Resettlement Specialist 3
9) Transport Economist 3
10) Physical Planner 3
35

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4. Transfer of Knowledge
The program of the bidder to train Government including UNOC staff shall
be merited according to the requirements of the ToR in section 8.2(d)

5. Participation by Nationals
This shall be merited according to the number of Ugandans in the key
personnel.

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D Financial Comparison Criteria

Financial Criteria:
1. Costs to be included
1.1 Costs to be included, in the evaluated price are:-
(a) fees, reimbursable and miscellaneous costs, for each activity
(b) taxes, duties and levies;
(c) application of margin of preference where applicable;
2. Margin of Preference
2.1 A Margin of Preference shall apply.
A margin of preference of 7% shall apply to the price only and shall be added to
the price of the proposal which does not qualify for preference. and then the
financial score of the price shall be determined. The financial score of each
proposal shall be determined
Ugandan Consultants shall qualify for preference if the Consultant is incorporated
or registered in Uganda, and, more than fifty percent of the capital of the
consultant is owned by Ugandan Citizens.
3. Determination of Financial Score
3.1 After adjusting the prices with the margin of preference , the evaluation shall proceed
To determine financial scores for each bid, the lowest priced bid shall be given a
financial score of 100, and other bids shall, by application of the following formulae
be given a score proportionate to this:
= 100 x Fm/F in which:
Sf. denotes the financial score of the bid under consideration;
Fm is the price of the lowest price bid that passed the technical evaluation;
F. denotes the price of the bid under consideration.
4. Determination of Combined Technical and Financial Scores
4.1 Bids will be ranked according to their combined technical (St) and financial (Sf)
scores using the weightings.
S = (St x T%) + (Sf x P%) where S is the combined technical and financial score
4.2 The weights given to the scores of the Technical and Financial Bids are:
T = 75 denotes the weight given to the Technical Bid; and
P = 25 denotes the weight given to the Financial Bid;

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Part 1: Section 4 Proposal Forms

Section 4. Proposal Forms

Table of Contents

4.1 Technical Proposal – Standard Forms

4.1.1 Technical Proposal Submission Sheet.
4.1.1.1 Code of ethical conduct in business for bidders and providers
4.1.2 Consultant’s References.
4.1.3 Comments and Suggestions on the Terms of Reference.
4.1.4 Description of the Methodology for performing the Assignment.
4.1.5 Team Composition and Task Assignments.
4.1.6 Format of Curriculum Vitae for Proposed Professional Staff.
4. 1.7 Confirmation of availability of professional staff
4.1.8 Estimated Time Schedule for Professional Staff.
4.1.9 Activity (Work) Schedule.
4.1.10 Proposal Securing Declaration
4.2 Financial Proposal - Standard Forms
4.2.1 Financial Proposal Submission Sheet.
4.2.2 Summary of Proposal Price (Breakdown of Lump Sum).
4.2.3 Breakdown of Fees.
4.2.4 Breakdown of Reimbursables.
4.2.5 Breakdown of Miscellaneous Expenses.

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[This Proposal Submission Sheet should be on the letterhead of the Consultant and should
be signed by a person with the proper authority to sign documents that are binding on the
Consultant. It should be included by the Consultant in its technical proposal]

4.1.1 Technical Proposal Submission Sheet

Date: [insert date (as day, month and year) of proposal submission]
Procurement Reference No: [insert Procurement Reference number]
To: [insert complete name of Procuring and Disposing Entity]
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Request for Proposals
Document, including Addenda No.: [insert the number and issuing date of each
Addenda];
(b) We offer to provide the services in conformity with the Request for Proposals
Document for the [insert a brief description of the Services];
(c) We hereby submit our proposal which includes this technical proposal, and a
financial proposal sealed under a separate envelope;
(d) Our proposal shall be valid until the date specified in ITC Clause 20.1 and it shall
remain binding upon us and may be accepted at any time before and including that
date;
(e) We, including any subcontractors or consultants for any part of the contract
resulting from this procurement process, are eligible to participate in public
procurement in accordance with ITC Clause 4.1;
(f) We, including any subcontractors or consultants for any part of the contract
resulting from this procurement process are registered with the Authority
Registration Number [insert registration number]. [Consultants who are not
registered or whose subcontractors are not registered should amend the statement
to reflect their status];
(g) We, including any associates, Joint Venture partners or Sub contractors for any
part of the contract, have nationals from eligible countries [insert the nationality
of the Consultant, including that of all parties that comprise the Consultant, if the
Consultant is a Joint Venture, consortium or association, and the nationality of each
subcontractor];
(h) We have signed and undertake to abide by the Code of Ethical Conduct for
Consultants attached during the procurement process and the execution of any
resulting contract;
(i) We are not participating, as Consultants, in more than one proposal in this
procurement process;
(j) We, including any subcontractors or consultants, do not have any conflict of
interest and have not participated in the preparation of the original project for the
Procuring and Disposing Entity;
(k) We, our affiliates or subsidiaries—including any subcontractors for any part of
the contract—have not been suspended by the Public Procurement and Disposal
of Public Assets Authority in Uganda from participating in public procurement;

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(l) Our Proposal is binding upon us, subject to modifications agreed during any
contract negotiations, and we undertake to negotiate on the basis of the staff
proposed in our Proposal;
(m) We understand that this Proposal, shall not be binding on the Entity until a formal
contract is prepared and executed;
(n) We understand that you are not bound to accept the lowest proposal or any other
proposal that you may receive;

Signed: [signature of person whose name and capacity are shown below]
Name: [insert complete name of person signing the Proposal]
In the capacity of [insert legal capacity of person signing the proposal]

Duly authorised to sign the proposal for and on behalf of: [insert complete name of
Consultant]

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

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4.1.1.1 CODE OF ETHICAL CONDUCT IN BUSINESS FOR BIDDERS

AND PROVIDERS
(Under Section 93 of the Public Procurement and Disposal of Public Assets Act, 2003)

1. Ethical Principles
Bidders and providers shall at all times-
(a) maintain integrity and independence in their professional judgement and
conduct;
(b) comply with both the letter and the spirit of-
i. the laws of Uganda; and
ii. any contract awarded.
(c) avoid associations with businesses and organisations which are in conflict with
this code.
2. Standards
Bidders and providers shall-
(a) strive to provide works, services and supplies of high quality and accept full
responsibility for all works, services or supplies provided;
(b) comply with the professional standards of their industry or of any professional
body of which they are members.
3. Conflict of Interest
Bidders and providers shall not accept contracts which would constitute a conflict
of interest with, any prior or current contract with any procuring and disposing
entity. Bidders and providers shall disclose to all concerned parties those conflicts
of interest that cannot reasonably be avoided or escaped.
4. Confidentiality and Accuracy of Information
(1) Information given by bidders and providers in the course of procurement
processes or the performance of contracts shall be true, fair and not
designed to mislead.
(2) Providers shall respect the confidentiality of information received in the course
of performance of a contract and shall not use such information for personal
gain.
5. Gifts and Hospitality
Bidders and providers shall not offer gifts or hospitality directly or indirectly, to
staff of a procuring and disposing entity that might be viewed by others as having
an influence on a government procurement decision.
6. Inducements
(1) Bidders and providers shall not offer or give anything of value to
influence the action of a public official in the procurement process or in contract
execution.
(2) Bidders and providers shall not ask a public official to do anything which is
inconsistent with the Act, Regulations, Guidelines or the Code of Ethical Conduct
in Business.
7. Fraudulent Practices
Bidders and providers shall not-
(a) collude with other businesses and organisations with the intention of
depriving a procuring and disposing entity of the benefits of free and open
competition;

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(b) enter into business arrangements that might prevent the effective operation
of fair competition;
(c) engage in deceptive financial practices, such as bribery, double billing or other
improper financial practices;
(d) misrepresent facts in order to influence a procurement process or the
execution of a contract to the detriment of the Procuring and Disposing Entity;
or utter false documents;
(e) unlawfully obtain information relating to a procurement process in order to
influence the process or execution of a contract to the detriment of the PDE;
(f) withholding information from the PDE during contract execution to the
detriment of the PDE.

I ................................................ agree to comply with the above code of ethical conduct in

business.

--------------------------------------- -----------------------------------------------
AUTHORISED SIGNATORY NAME OF CONSULTANT

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[The information requested is required in the format provided below and should be
included by the Consultant in its proposal]
4.1.2 Consultant’s References
Relevant services carried out in the last ..................... years (Insert number of years
required) that best illustrate experience.
Using the format below, provide information on each assignment for which the
Consultant, either individually as a corporate entity or as one of the major companies
within an association, was legally contracted.
Consultant’s Name:

Assignment name: Country:

Location within country: Professional Staff provided by

consultant (profiles):

Name of client: No of staff:

Address: No of Staff-Months; Duration of

assignment:

Start date (Month/Year): Completion date (Month/Year): Approx. Value of services (in
Current US$):

Name of Associated Consultants, if any: No of Months of 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:

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[The information requested is required in the format provided below and should be
included by the Consultant in its proposal. If none, include form and state “None”]
4.1.3 Comments and Suggestions on the Terms of
Reference
[Comments and suggestions on the Terms of Reference that could improve the
quality/effectiveness of the assignment; and on requirements for counterpart staff and
facilities, which are provided by the Client, including: administrative support, office space,
local transportation, equipment, data, etc.]

A - On the Terms of Reference

{Improvements to the Terms of Reference, if any}

B - On Counterpart Staff and Facilities

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

example, administrative support, office space, local transportation, equipment, data,
background reports, etc., if any}

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[The information requested is required in the format provided below and should be
included by the Consultant in its proposal]
4.1.4 Description of the Methodology for performing the
Assignment

A description of the approach, methodology and work plan for performing the
assignment, including a detailed description of the proposed methodology and staffing
for training, if the Terms of Reference specify training as a specific component of the
assignment.

{Suggested structure of your Technical Proposal}:

a) Technical Approach and Methodology

b) Work Plan
c) Organization and Staffing}

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

the objectives of the assignment as outlined in the Terms of Reference (TORs),
the technical approach, and the methodology you would adopt for implementing
the tasks to deliver the expected output(s), and the degree of detail of such
output. Please do not repeat/copy the TORs in here.}

b) Work Plan.{Please outline the plan for the implementation of the main
activities/tasks of the assignment, their content and duration, phasing and
interrelations, milestones (including interim approvals by the Client), and
tentative delivery dates of the reports. The proposed work plan should be
consistent with the technical approach and methodology, showing your
understanding of the TOR and ability to translate them into a feasible working
plan. A list of the final documents (including reports) to be delivered as final
output(s) should be included here. The work plan should be consistent with the
Work Schedule Form.}

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

your team, including the list of the Key Experts, Non-Key Experts and relevant
technical and administrative support staff.}

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[The information requested is required in the format provided below and should be
included by the Consultant in its proposal]
4.1.5. Team Composition and Task Assignments
1. Technical/Managerial Staff

Name Position Task(s)

2. Support Staff

Name Position Task(s)

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[The information requested is required in the format provided below and should be
included by the Consultant in its proposal]
4.1.6 Format of Curriculum Vitae for Proposed Professional
Staff
CURRICULUM VITAE (CV)

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

Name of Expert: {Insert full name}
Date of Birth: {day/month/year}
Country of
Citizenship/Residence

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

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

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

list in reverse order. Please provide dates, name of employing organization, titles of
positions held, types of activities performed and location of the assignment, and
contact information of previous clients and employing organization(s) who can be
contacted for references. Past employment that is not relevant to the assignment does
not need to be included.}

Period Employing organization and Country Summary of

your title/position. Contact activities
information for references performed relevant
to the Assignment

Membership in Professional Associations and Publications:

______________________________________________________________________

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

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Adequacy for the Assignment:

Detailed Tasks Assigned on Reference to Prior

Consultant’s Team of Experts: Work/Assignments that Best
Illustrates Capability to Handle the
Assigned Tasks
{List all deliverables/tasks as in
TECH- 5 in which the Expert will be
involved)

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

Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly
describes myself, my qualifications, and my experience, and I am available to undertake
the assignment in case of an award. I understand that any misstatement or
misrepresentation described herein may lead to my disqualification or dismissal by the
Client, and/or sanctions by the Bank.

{day/month/year}

Name of Expert Signature

Date

{day/month/year}

Name of authorized Signature

Date
Representative of the Consultant
(the same who signs the Proposal)

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4.1.7 Format for confirmation of availability of Key Professional Staff

Subject of Procurement
procurement : reference number

Consultant

List of key professional Competencies of key Percentage of time for

staff professional staff which key staff shall be
available

Confirmation

I ............................................................................(insert name of consultant) hereby certify

that the staff described above shall be available as indicated
Signature: __________________________ Name: _____________________

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[The information requested is required in the format provided below and should be
included by the Consultant in its proposal. Consultants may reproduce this format in
landscape format if more practical but are responsible for its accurate reproduction.]

4.1.8 Estimated Time Schedule for Professional Staff

Months (in the Form of a Bar Chart)

Name Position Reports 1 2 3 4 5 6 7 8 9 1 1 1 Number of

Due/Activitie 0 1 2 Months
s

Subtotal (1)

Subtotal (2)

Subtotal (3)

Subtotal (4)

Full-time: Part-time:

Signature:
(Authorised Representative)
Full Name: Title:
Consultant:

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[The information requested is required in the format provided below and should be
included by the Consultant in its proposal. Consultants may reproduce this format in
landscape format if more practical but are responsible for its accurate reproduction]
4.1.9 Activity (Work) Schedule

A. Technical Input

[1st, 2nd, etc. are months from the start of assignment.]

1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th

Activity (Work)

B. Completion and Submission of Reports and other Deliverables

Reports Date

1. Inception Report

2. Interim Progress Reports

(a) First Status Report
(b) Second Status Report

3. Draft Final Report

4. Final Report

5. Other Deliverables

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4.1.10 Proposal Securing Declaration

[The Consultant shall fill in this Form in accordance with the instructions indicated. If the
Consultant is a Joint Venture, Consortium or Association the Proposal Securing
Declaration must be in the name of the Joint Venture, Consortium or Association that
submits the proposal. If the Joint Venture has not been legally constituted at the time of
bidding, the Proposal Securing Declaration shall be in the names of all future partners as
named in the letter of intent]

Date: [insert date (as day, month and year) of Proposal Submission]
Procurement Reference No.: [insert reference number of selection process]

To: [insert complete name of Procuring and Disposing Entity]

I/We, the undersigned, declare that:

1. I/We understand that, according to your conditions, proposals must be supported
by a Proposal Securing Declaration.
2. I/We accept that I/we may be suspended for three years by the Authority from being
eligible for bidding in any contract with the Government of Uganda, if we are in breach
of our obligation(s) under the Request for Proposals conditions, because we:
(a) have withdrawn our proposal during the period of proposal validity
specified by us in the Technical Proposal Submission Sheet, except as
provided in ITC Sub-Clause 20.3; or
(b) having been notified of the acceptance of our proposal by the Procuring and
Disposing Entity, during the period of proposal validity, fail or refuse to:
(i) sign the Contract in accordance with ITC Clause 43;
(ii) furnish the Performance Security, in accordance with the ITC Clause
45; or
(iii) accept the correction of our bid by the Procuring and Disposing Entity,
pursuant to ITC sub Clause 31.4.

3. I/We understand this Proposal Securing Declaration shall expire on [Insert date as
per ITC Clause 21].

Signed: [insert signature of person whose name and capacity are shown] In the capacity
of [insert legal capacity of person signing the Proposal Securing Declaration]

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

Duly authorized to sign the proposal for and on behalf of: [insert complete name of
Consultant]

Dated on ___________ day of __________________, _______ [insert date of signing]

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[This Proposal Submission Sheet should be on the letterhead of the Consultant and should
be signed by a person with the proper authority to sign documents that are binding on the
Consultant. It should be included by the Consultant in its financial proposal]

4.2.1 Financial Proposal Submission Sheet

Date: [insert date (as day, month and year) of proposal submission]
Procurement Reference No: [insert Procurement Reference number]
To: [insert complete name of Procuring and Disposing Entity]
We, the undersigned, declare that:
(a) The total price of our Proposal is: [insert the total proposal price in words and
figures, indicating the various amounts and the respective currencies], inclusive of
local taxes;
(b) We are eligible for a Margin of Preference in accordance with ITC Clause 36 and
are eligible for inclusion in [insert Group A or Group B as appropriate] and enclose
documentary evidence of our eligibility;
[or]
We are not eligible for a Margin of Preference in accordance with ITC Clause 36;
(c) The following commissions, gratuities, or fees have been paid or are to be paid
with respect to this procurement process or execution of the Contract: [insert
complete name of each Recipient, its full address, the reason for which each
commission or gratuity was paid and the amount and currency of each such
commission or gratuity. If none has been paid or is to be paid, indicate “none”];
Name and address of Purpose Reason Currency and Amount
Recipient

Name: ______________________[insert complete name of person signing the proposal]

In the capacity of _____________________[insert legal capacity of person signing the proposal]
Signed: ________________[signature of person whose name and capacity are shown above]
Duly authorised to sign the proposal for and on behalf of: ______[insert complete name of
Consultant]
Dated on __________day of __________________, _______ [insert date of signing]

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[Consultants may reproduce this sheet in landscape format if more practical but are
responsible for its accurate reproduction. State currency or currencies of proposal. If
three currencies are not used state “nil” as appropriate. If the PDS requires the proposal
price to be quoted separately for different Activities, complete this form as a “Summary of
Proposal Price” for each activity and complete one overall Summary of prices.]
4.2.2 Summary of Proposal Price (Breakdown of Lump
Sum)

Cost item Currency Amount(s)

Fees – currency 1

Fees – currency 2

Fees – currency 3

Reimbursables – currency 1

Reimbursables – currency 2

Reimbursables – currency 3

Miscellaneous Expenses –currency 1

Miscellaneous Expenses –currency 2

Miscellaneous Expenses –currency 3

Local taxes

Total Lump Sum/Cost Estimate –

currency 1

Total Lump Sum/Cost Estimate –

currency 2

Total Lump Sum/Cost Estimate –

currency 3

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4.2.3 Breakdown of Fees

[Consultants may reproduce this sheet in landscape format if more practical but are
responsible for its accurate reproduction. The Consultant should complete a separate
form for each currency or add currency columns and show up to three totals. Complete
this form for the total proposal or for each activity as indicated in the ITC]
State activity name or total proposal:___________________________________________

Name Position Input Unit Rate Total

Qty (Days/months
etc.)

Grand Total

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4.2.4 Breakdown of Reimbursables

[Consultants may reproduce this sheet in landscape format if more practical but are
responsible for its accurate reproduction. The Consultant should complete a separate
form for each currency or add currency column and show up to three totals. Complete this
form for the total proposal or for each activity as indicated in the ITC]
State activity name or total proposal:_______________________________ Currency:_________

Description of Cost Quantity Unit of Unit Price Total Price

Measure

Grand Total

Notes: Local transportation costs are not to be included if local transportation is being
made available by the Procuring and Disposing Entity. Similarly, the project
site, office rent/accommodations/clerical assistance costs are not to be
included if being made available by the Procuring and Disposing Entity.

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4.2.5 Breakdown of Miscellaneous Expenses

[Consultants may reproduce this sheet in landscape format if more practical but are
responsible for its accurate reproduction. The Consultant should complete a separate
form for each currency or add currency column and show up to three totals. Complete this
form for the total proposal or for each activity as indicated in the ITC].
State activity name or total proposal:_____________________ Currency: ______

Description of Cost Quantity Unit of Unit Price Total Price

Measure

Grand Total

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Part 1: Section 5 Eligible Countries

Section 5. Eligible Countries

Procurement Reference Number:

All countries are eligible except countries subject to the following provisions.
A country shall not be eligible if:
(a) as a matter of law or official regulation, the Government of Uganda
prohibits commercial relations with that country, provided that the
Government of Uganda is satisfied that such exclusion does not preclude
effective competition for the provision of services required; or
(b) by an act of compliance with a decision of the United Nations Security
Council taken under Chapter VII of the Charter of the United Nations, the
Government of Uganda prohibits the provision of Services from that
country or any payments to persons or entities in that country.

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General Conditions of Contract for the Procurement of Consultancy Services

Section 7. Statement of Requirements

Procurement Reference Number: UNOC /CONS/20-21/00020
Terms of Reference
1. BACKGROUND

The Uganda National Oil Company Limited (UNOC) was established under the Petroleum Act.
(Exploration, Development and Production) and the Petroleum (Refining conversion,
Transmission and Mid-Stream Storage) Act both of 2013 and incorporated under the companies
Act 2012. It is a limited liability company wholly owned by the Government of Uganda.
The overall function of UNOC is to handle the state’s commercial interests in the Oil and Gas
Industry and ensure that the resource is exploited in a sustainable manner.

The Government of Uganda through the Ministry of Energy and Mineral Development (MEMD)
acquired 29.57 km² of land in Buseruka Sub-County Hoima District for development of an
Industrial Park close to the oil fields of the Albertine Graben Region. The Park will host the
Refinery, International Airport, upstream crude oil export hub, Midstream Heavy industries
(Polymer, Fertilizer), support infrastructure (water treatment plant, waste water treatment
plant, Electric power plant, storage tanks, warehouses and access roads), Free Trade Zone among
others.

The Airport is under construction, and also the procurement of a consultancy for preparing an
ESIA for the whole Industrial park is underway and expected to provide a framework under
which all the ESIAs for sub projects in the park shall operate.

The Kabaale Industrial Park has 84 kilometres of roads planned to be all-weather, with a
bituminous or concrete surface and accompanying stormwater drainage. Four of the roads
(approximately 8 kms in length) will provide access to the park (including the Airport) from the
Kabaale Kizirafumbi and Hoima Kaiso road. The remainder shall be internal connecting roads
within the park with varying cross section standards. The layout and the typical road reserve
widths are as shown in the Masterplan, in Attachment 1.

1.1 Description of the project

This consultancy will handle the design of 38 kilometres of these roads (excluding the access road
to the Airport), updating of the master plan, and the preparation of bidding documents for the
construction of the roads in two phases.
.
The Consultancy Services are required to carry out a Preliminary design, detailed engineering
design for the 38 kilometres, preparation of bidding documents and assistance in the bidding and
bid evaluation process for the roads. The construction shall be done in two phases. Therefore, the
bidding documents will be done in two sets to cover the two phases.
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1.2 Topography and Vegetation

Most of the project roads are not existing and are in a generally undulating terrain, with a hill in
the north western corner. The terrain bears natural vegetation dominated with shrubs, savannah
grassland with isolated trees. the roads are distributed thought the Park as shown on the master
plan layout.

1.2 Climate

The project area has a tropical type of climate with two rainy seasons in a year.

1.4 Current activities in KIP

Currently the construction of the Kabaale International Airport is under construction, while other
activities taking place in the park are to do with the Refinery front end engineering design. The
procurement of a consultancy to conduct an Environment Impact Assessment for the Whole park
is underway.

2. OBJECTIVES

At the preliminary design stage the consultant shall design the 38km as dual carriageway as per
the cross section of the 40m wide reserve road described in the masterplan. This will enable the
master plan to be updated and the various plots to be demarcated. This will also enable the
decision to be taken on which cross sections will be constructed in each of the phases. At the
detailed design and bidding documents stages the consultant will prepare detailed designs and
documentation for the phases namely;
• Phase 1 : 18km all-weather surface ( some dual and some single carriageway) and 20km
gravel up to formation level ( gravel single carriageway).
• Phase II: Upgrading the 20 km of gravel road to all weather surface roads.

The main objectives of the Consultancy are as outlined below.

1) Prepare preliminary engineering designs including a topographical survey of the
Industrial Park, and, cost estimates for the feasible scenarios following the Uganda Road
Design Manual and UNRA design requirements.
2) Carry out a multi criteria analysis of the Environmental, Social and safety risks and
Impacts Assessment of the two possible scenarios (route options/alternatives). This shall
include a scoping report for the recommended option for the Environment and Social
Impact Assessment (ESIA).
3) Prepare an updated master plan for the KIP to include current changes on ground.
4) Carry out an economic assessment of the two scenarios.
5) Recommend the optimal design.
6) Prepare detailed Engineering designs and the ESIA for the selected routes. Prepare the
updated KIP master plan taking in account the detailed design, marking out on the ground
the plots /parcels complete with concrete corner mark stones, prepare cost estimates as
well as Bidding Documents for the two construction phases of the Project.
7) Assist the client in the bidding and the bid evaluation processes.
8) Carry out technology transfer as an important aspect in the design and assist staff of UNOC
and UNRA staff to build their capacity as a part of the on the job training under the project

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as well as checking and auditing the design. Train the UNOC and UNRA staff in the
processes of design and bidding document preparation for roads and master planning in
a clear and structured manner.

3. SCOPE OF CONSULTING SERVICES

The Consultancy will be carried out in five stages namely:

Stage I – Inception

Stage II - Preliminary Engineering Design and Economic Feasibility study (including the
design base statement)

Stage III – Detailed Engineering Design

Stage IV -The Preparation of Bidding Documents

Stage V - Assistance in the Bidding and Bid Evaluation Processes.

The progression of the consultancy from one stage to the next will depend on the Consultant
having satisfactorily performed his obligations in the stage under execution. This shall be given
approval by UNOC based on the timely submission of acceptable reports and working within the
contract budget of the stage under execution.

STAGE I

3.1 Inception

The Consultant shall carry out the tasks as follows:

1) After the signing of the contract the consultant shall attend the commencement meeting
3 working days later with UNOC where the requirements of the assignment shall be
discussed in detail. The consultant shall visit the site and then submit an inception report
4 weeks after the signing of the agreement, detailing the methodology, staff deployment,
workplan, deployment of other resources and the dates for achieving the deliverables.

2) UNOC shall give approval of the inception report as soon practicable to enable the
consultant to proceed to the next stage.

STAGE II

3.1 Preliminary Engineering Design, Economic Feasibility study and cost Estimates

The Consultant shall carry out the tasks as follows:

3.2.1 The Design Base Statement

The consultant shall carry out a thorough review of the MoWT and UNRA ’s technical manuals
and identify which sections of the manuals apply to this project (and whether they can be used
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as they are or if revisions should be made), and which are NOT applicable to this project. Where
the Consultant feels other internationally recognised standards are more applicable, the
consultant may propose a revision.

All revisions are to be agreed with UNOC and a set of design criteria agreed before being applied.
The consultant shall prepare a Design Base Statement that summarises the key design criteria to
be used and, as the design proceeds, to document any design departures to ensure that it is clear
where the final design departs from the agreed design criteria

3.2.2 Surveys and Investigations

(i) Cadastral and Topographical surveys
The consultant will be availed with the updated copy of the KIP masterplan which shows the
planned road network as well as the location of the existing facilities on the ground with the 38km
planned roads clearly identified. The consultant will initially carry out a site visit and conduct a
walkthrough of the site to get a general appreciation of the site. The consultant will be introduced
to the key stakeholders within the park and outside the park to get an understanding of their
expectations.

The consultant shall document all the changes that have taken place on ground in relation to what
is in the master plan.

After carefully studying the road network just outside the park and within the park the necessary
surveys for the 38 kms will be carried out to locate the centrelines of the proposed access roads
and main arterials in the park as indicated in the Masterplan in two possible scenarios (route
options/alternatives. Levels shall be taken of the centreline and cross-sections, and benchmarks
established where this has not been already done. The routes will be located as practically as
possible depending on the topography of the area and the design standards as guided by the
MoWT Road Design Manuals 2010 and the UNRA manuals, where possible follow the network
proposal in the master plan.
A topographical survey will be done of the whole park (29.7km equivalent to 7,339 acres
including the access roads) to generate contours of 0.25 metre intervals.

Both horizontal and vertical survey control shall be referenced to the National Datum
(ITRF2005@2010/UTM36N). Horizontal survey control shall be established using differential
GPS (Static) and vertical using differential levelling techniques.
All the survey work should be executed in ITRF2005@2010/UTM36N system whose parameters
shall be provided.

The Consultant shall establish survey beacons (10mm Steel rod, 1 meter long embedded in
concrete, 300mm diameter and 500mm deep) forming Primary and Secondary network. Beacons
forming the Primary Network shall be placed in inter-visible pairs constructed in intervals of not
more than 5km. The primary controls shall be placed at salient locations like churches, schools,
or any other permanent address for use throughout the project. Secondary network will be
established to densify the survey control network for purposes of measurement and mapping.
All survey beacons shall be established such that they are far from buildings and trees or any
other object that can create multipath errors.
The Consultant shall prepare description cards for each beacon constructed.

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For geodetically established survey benchmarks, the final coordinates of established points shall
have an X, Y, Z accuracy not more than 5 centimetres (with a 95% confidence level).
For the GNSS Real Time Kinematic observations, following precautionary measures will be
followed during this survey
• A minimum of five or more satellites will be observed to obtain favourable PDOP and root-
mean-square values.
• The elevation mark angle shall be 15° to minimise errors due to multipaths.
• The receiver will be initialized per the manufacturer’s recommendations.
• Identical dual-frequency (L1, L2) receivers will be used.
• Prior to Real time Kinematic (RTK) measurements, the base receiver shall be set up on a
known control point and checks performed on at least 2 other control points using the
rover receiver.
• At the end of a working day, a check shall be made on 2 control points to ensure that the
base station was not disturbed during observations.
• The consultant shall provide the client with a control calibration report and raw data at
the end of each working day.
• The accuracy of topological points (X, Y, Z) shall be maintained within the tolerance
(+/-10cm) for nature points captured on natural ground and +/-5cm for hard surfaces like
concrete and culvert headwalls.
• Deliverables for Topographic Survey and mapping
The Survey report is a component of documents which together comprise the Detailed
Topographic Survey.
Documents shall include the following:

• Technical Survey report.

• Topographic Plan and Profile drawings in CAD format (soft and hard copy).
• Digital Terrain Model (DTM), in xml format
• Field measurement raw data files.
• List of Survey benchmarks and beacons installed on site
• Quality Assurance Plan
• The Technical Survey report will have the following annexes:
Annex A: Raw GPS Observations in RINEX Format (soft copy only)
Annex B: Base line processing report & Network Adjustment Report
Annex C: Detailed Differential Levelling Sheets and adjustment
Annex D: Primary Control Monographs
Annex E: List of Standard Feature codes
Annex F: Plan layout drawing in AutoCAD format
Annex H: Digital Terrain Model for the existing ground surface-xml
Annex I: Equipment calibration certificates
Any data files like orthorectified images, processed Lidar dataset etc.
• Cadastral survey of the entire project site shall be done using the updated and approved
Master plan. Survey mark stones shall be placed on ground to demarcate plots, reserves
etc. as per the approved updated Master plan at the detailed design stage.
The Physical Planning requirements as prescribed by law shall be complied with.
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The specific objectives of the cadastral survey include;

a) Survey and data acquisition.
b) Setting out plot boundaries with concrete corner mark stones at the detailed
design stage.
c) Report writing and data processing.

(ii) Material Surveys

Material tests will be carried out on the existing subgrade along the 38 km of road corridor
(and where an existing road exists, the pavement and wearing course) layers of the road
to determine the quality and suitability of the materials for use. In addition, material
surveys, sampling and soils investigations will be carried out on prospective borrow pits
as possible sources of materials for construction.

The consultant shall also make a survey on the availability and quality, of bitumen, lime,
cement and ionic stabilisers for use in the project. Detailed soil investigations will be
carried out on all the types of materials investigated as per the standard practice adopted
by MoWT and UNRA. Minimum frequencies of tests are to be as follows;

▪ Dynamic cone penetration tests (DCP) will be carried out at least every five hundred
metres(500m) to a depth of 2 metres with intervals being shorter where there is a
drastic change in the existing subgrade/wearing course layer. These shall be
accompanied by the respective moisture tests.
▪ Trial pits will be dug everyone kilometre (1km) to a depth of 2 metres with intervals
becoming shorter where there is a drastic change in the existing subgrade material.
For each pit, each layer shall have its retrieved material and undergo plasticity tests,
particle size analysis tests, moisture/density tests, California bearing ratio (CBR) tests.
Adequate additional tests shall be carried out to test the performance of the materials
stabilised by chemicals like cement, lime and other chemical stabilisers.
▪ Possible borrow pits will be located every five kilometres where possible.
▪ At least one quarry as a possible source of aggregates will be located. The aggregates
shall undergo the necessary, grading tests, strength/durability tests, chemical tests,
flakiness tests, bitumen adhesion tests and other tests, as necessary.
▪ Allow for 6 test boreholes to be drilled each up to a depth of 6 metres and conduct the
requisite soil classification and strength tests.

(iii) Properties for Acquisition

Properties within the 40m road reserve of the access roads will be identified. Areas
beyond the road reserve, which may require acquisition for effective execution of the
project, will also be identified. The properties to be acquired shall be valued and the costs
of resettlement compiled.

(iv) Hydrological and Hydraulic Investigations

Hydrological investigations will be carried out to enable the design of all the drainage
structures in terms of hydraulic capacity.

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The structural design of all the drainage structures will be done. At major culvert crossings
or bridge sites subsurface conditions will be assessed by the use of trenching, hand
auguring or drilling as required.

(v) Sources of water and sand and aggregate

Sources of water and sand and aggregate for construction will be investigated for quality
and adequacy in quantity.

(vi) list of road furniture

A comprehensive list shall be compiled after a road safety assessment of the roads is
done as per the road design manual.

(vii) Traffic
All historical information on classified traffic counts as provided by MoWT and UNRA
will be studied. As a basis for comparison, the Consultant will carry out their own
classified traffic counts on the Hoima Kaiso road and the Kabaale -Kizirafumbi road for a
period of seven consecutive days as follows.
• The counts on some of the days shall be for the full 24 hours, with preferably at
least one of the 24-hour counts on a weekday and one on a weekend. On the
other days 16-hour counts will be sufficient. These should be grossed up to 24-
hour values in the same proportion as the 16-hour/24 –hour split on those days
when full 24-hour counts have been undertaken.
• Counts should be avoided at times when travel activity is abnormal for short
periods due to public holidays, public functions etc.

• Account should also be taken of the seasonal fluctuations in activity due to the
agricultural production cycle.

• The projected generation of traffic in the Park as estimated in the Master plan
report prepared by SMEC should be considered in the design.

(viii) Street Lightning

Assessment of the requirements for street lighting along the roads shall be done,
including the considering solar energy as the source of power.

3.2.3 Preliminary Engineering Design and Economic Feasibility study

Using the MoWT road design Manual and UNRA requirements as a basis, The Consultant shall
carry out a preliminary design of the roads (to a dual carriageway standard, 40-metre-wide road
reserve with the most economic and feasible roads. Different options shall be developed where
the option that is rank 01 shall be adopted. This shall comprise of a geometric design, a pavement
design, a drainage design (including bridge design) and a design of the road furniture. A
particular effort to develop designs that will promote road safety in a Petrochemical Industrial
park will be encouraged.

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(i) A preliminary geometric design will be carried out according to the MOWHC Road design
manual. The drawings will be produced to the following scales;

Location plans: as part of whole of Uganda 1: 1,000,000

With area around the park 1: 500,000
Longitudinal profiles 1: 2,000/200
Cross sections 1: 100
Details 1: 50
Cross sections are to be taken at minimum intervals of 50m metres.

(ii) The preliminary pavement design will be guided by the MOWT Road design Manual,
flexible pavements, rigid pavement designs as well as pavements surfaced by concrete
block pavers shall be considered considering the Petroleum environment and the UNRA
design requirements shall also be consulted.

(iii) Before recommending the optimal for the access roads and the internal road network in
the park, the consultant shall explore two geometric design scenarios (route
options/alternatives) for the construction of the 38 kilometres. For each of the two
geometric design scenarios three pavement design structures shall be explored.

Each scenario shall be covering the whole 38 km.

(iv) Preliminary hydraulic and structural design will be done on all suggested new drainage
structures and road crossings.

(iv) A schedule and location of all proposed new road furniture and street lighting will be done.

3.2.4 Preliminary Cost Estimates

(i) Preliminary estimates will be prepared for the two scenarios (each with its
options of pavement structures) of the access roads and networks. These shall
be clearly broken up into local and foreign components showing the tax
components. All costs must be based on an analysis of unit rates.

The key purpose of this break down is to establish national content and to guide
bidders to enable them to comply with the Petroleum (refining, conversion
transmission, midstream storage) Act 2013 and Petroleum Regulations (National
Content) 2016.

3.2.5 Environmental, Social & Economic Impact Assessments

The Consultant shall initially carry out a multi criterial analysis of the environment, social
and safety risks and impacts of the scenarios to guide in the selection of the best scenario.
An economic analysis (cost benefit analysis, CBA) will be done to guide the selection of
the best scenario. After the best option is determined an environment and social impact
assessment (ESIA) shall be done.

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3.2.5.1 Environment & Social Impact Assessment

(i) Initially the consultant shall review the legislation and regulations in Uganda
governing environmental management, The Consultant shall make reference to, the
National Environment Act 2019, The Environmental Impact Assessment (EIA)
Regulations, 1998 and the EIA Guidelines for Road Sub-Sector of 2008, applicable IFC
Performance Standards and World Bank EHS Guidelines in during execution of the
task and production of the ESIA report. Reference shall be made with the International
Finance Corporation (IFC) Performance standard 1, and Environmental and Social
Standard 1 of the World Bank. The consultant shall describe the environment setting
for project and give a proposal on the involvement of the public and Park occupants
along the roads.

(ii) For each geometric design scenario designed the consultant shall prepare the following
• A description of the proposed works
• Baseline data and information
• Stakeholder engagement and analyses
• Using Multi- criteria analysis, identify, analyse, and assess environmental
social and safety risks and potential impacts.
• An analysis of alternatives.
• An assessment of the cumulative effect of the impacts.
The consultant shall produce an environment & social impact assessment report for
the recommended scenario which shall include, an Environmental Management
plan, a Resettlement action plan and a stakeholder engagement plan at the detailed
design stage. These shall feed into an updated master plan.

The necessary consultations with the National Environment Management Authority

(NEMA) will be made before the report is submitted to UNOC.

3.2.5.2 Economic Assessment

(i) The consultant shall carryout a Cost Benefit Analysis of the project. The
Economic analysis shall include a Base Case scenario which will be the
benchmark against which other options will be compared.
(ii) The economic analysis shall be conducted over the stated life span of the roads
expressed in terms of net benefit, that is, the incremental benefits and costs of
the options relative to those generated by the “Base case” scenario.
(iii) This analysis shall detail the direct and indirect benefits of the project and shall
include both the tangible and intangible benefits. The direct benefits shall be in
line with the project purpose and the indirect benefits shall not be directly
related to the project objective.
(iv) The evaluation that will be employed for this economic analysis shall include;
the Net Present Value (NPV), Benefit-Cost ratio (BCR) and the Internal Rate of
Return (IRR).

(v) The consultant shall carry out a full socio-economic profile of the area of
influence of the road network. The question of the extent of the area of influence
of the road network shall be determined by the consultant with input from the

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residents, UNOC, and MOLG. A site visit prior to the Inception Report would
assist in the presentation of the Inception report.

(vi) As the roadworks will have considerable impact on the life of the community
living just outside the park, the consultant shall as part of the mitigation
measures framework, design an HIV and other STDs awareness program. The
consultant shall devise strategies for avoiding and managing potential Gender
Based Violence (GBV) Sexual Exploitation and Abuse (SEA) and Violence Against
Children (VAC) risks. The campaigns shall be targeted at the road construction
and maintenance workers and will also include a provision for advising the
general public (of the area of influence of the road network) on the project’s
commitment to HIV and other STDs awareness and the practices mentioned
earlier in this paragraph.

(vii) Forecasts shall be prepared of passenger and commodity traffic flows. UNOC,
UNRA and the MoWT can be consulted for the reference GDP and transport
(traffic) growth rates and the expected traffic to and from the park based on the
expected occupancy of the park and also the capacity of the hinterland to utilise
the facilities in the park. These shall be used to generate the benefits.

(viii) Vehicle operating costs (VOCs) shall be prepared. The Consultant shall pay
attention to the relationship between road deterioration functions and VOC`s for
each of the two test scenarios. The HDM4 deterioration relationships have still
to be utilized extensively in exercises of this kind and prediction of roughness
on each section will be crucial to the endeavour.
(ix) It is important to note that the economic analysis must include for each
scenario, the following cost items:
• Construction
• Supervision
• Maintenance
• Land acquisition and resettlement (if required)
• Environment mitigation measures and
• An HIV and other STDs awareness component and anti, GBV, SEA and VAC
campaigns.

(x) The consultant shall carry out an economic appraisal of the two scenarios given
the significant differences in cost profiles, and roughness progressions,
associated with each scenario. Sensitivity tests shall be prepared showing the
variation in NPV, BCR and IRR for each scenario for the combination of
variations in:

• Costs  10 %,20% and

• Benefits  10%, 20%

(xi) The consultant shall prepare a financial cash flow statement for each of the
scenarios over each year of the project.

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3.2.5.3 Initial updating of the master plan for KIP (without the new road
designs)

a) The consultant shall review the existing master and data for KIP, land use and
transport integration plans for KIP development plans, as well as other related
documentation
b) The consultant shall update the master plan by incorporating all existing
infrastructure, land use, updated boundaries for facilities including the KIP.
c) In the process of updating the Master plan, the consultant will carry out all
surveys, ,mappings, checking of control points and plot sizes, layout of the
proposed and existing infrastructure and service lines.
d) The consultant shall update the master plan for KIP in accordance with the
physical planning act 2010
e) The consultant shall present the report

3.2.6 Recommendation optimal

After carefully evaluating the engineering, economic and environmental aspects, a

recommendation on the most viable scenario for construction will be made.

3.2.7 Submission of the Preliminary Design Report

The consultant shall submit a Preliminary Design Report summarising the outcomes of,
the preliminary design, economic assessment, and the environmental and social impact
multi criteria analysis, with updated proposals for the master plan. A clear plan for
resettlement of people wherever necessary, shall be part of the report. In addition, the
report shall contain
A Site Investigations Report inclusive of all relevant raw data, A Traffic, O-D and Axle Load
Survey and A Hydrological Survey Report.
Clear recommendations including cost estimates will be made for the approval by UNOC.
A UNOC review and no objection will be required before the Consultant can proceed with
the detailed engineering design.
The recommended option shall have costs estimates for.

• The construction of the 38 kms of road to all weather standard (dual carriageway)
• Phase 1: The construction of the 18 kms to all weather standard (dual/single
carriageway) and 20kms to the formation level (gravel standard, single carriageway).
• Phase II : The Upgrading of the 20km of a gravel surface to an all-weather road surface.

STAGE III

3.1 Detailed Engineering Design

After approval of the preliminary engineering design report, the Consultant shall go ahead to
prepare detailed designs of the project road of 38km for Phase I and Phase II. This shall involve
but not limited to:
(i) Detailed Road Alignment: including a full horizontal alignment design respecting
minimum radii as per design guidelines and cross section provided in the KIP master

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plan , indicating super elevations and need for widening, at a scale of 1:2000, vertical
alignment design respecting maximum permissible gradients, and including the need
for cuts and fills to raise embankments at a scale of 1:200, as well as typical cross-
sections every 20m at a scale of 1:50, typical cross sections of junction layouts at a scale
of 1:50, speed management and road safety features, and road safety design (including
all the infrastructural design features to be included like climbing lanes, proposed
drainage structures, crossing structures, design of junctions/interchanges, provisions
for pedestrians and cyclists, provisions of parking for heavy goods vehicles, traffic
management purposes, as well as road safety of users)
(ii) Prepare detailed pavement design for a 20-year design life based on design standards
stipulated in MoWT design standards or other international best practices in
consultation with the MOWT and UNRA. The pavement design should consider factors
such as traffic loadings; outputs of geotechnical investigation.
(iii) Conduct a detailed analysis of the environmental, socio and safety risks and impacts of
the chosen scenario. Prepare an EIA report which shall incorporate an Environmental
Management plan, a Resettlement action plan and a stakeholder engagement plan.
The ESIA shall be reviewed by UNOC and UNRA before submission to NEMA for
approval.
(iv) Prepare the detailed design of Structures using information collected about hydrology
e.g. catchment characteristics, rainfall, stream channel characteristics, design
discharge, linear waterway, scour depth etc for all the cross drainage works and bridges
in compliance with MoWT design standards, UNRA requirements, and/or other
internationally acceptable standards. The model study and other necessary hydraulic
analysis shall be carried out as per MoWT/UNRA/International standards and
accordingly length and siting of the Bridge shall be finalized. The design will be
developed to maximize the use of standard components and superstructure designs. In
particular for smaller structure-box and pipe culverts, service ducts for various
services, under and overpass structures, etc-precast alternatives will be preferred.
(v) Substructures will be dimensioned on the basis of detailed site investigations and will
reflect current international practice in selecting foundation type the consultant will
also take into account the time required for the construction of alternatives, and give
preference to those which minimize construction time.
(vi) Prepare detailed Traffic Control, street lighting system and other facilities including
pavement marking and sign layout plans. Both are to be based on current international
practice for roads of this type, adjusted through, discussion with the MoWT/UNRA to
suit Ugandan conditions.
(vii) the consultant shall prepare a bill of quantities, specifications, material schedules, bar
bedding schedules and cost estimate using established design techniques, and best
practice recommendations. The Consultant shall also prepare a sample bidding
document to allow for the procurement of works to undertake the works, including
complementary engineering drawings and photos.
(viii) Detailed surveys to augment those already done in section 3.1.1(a). The land surveys
will follow the Guidelines set out in the MoWT Road Design Manual Vol.1: Geometric
Design. The soil surveys and testing will have the following minimum testing/sampling
frequencies.

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• DCP´s at 200m minimum spacing(not repeating points already done

under the preliminary design phase).
• Trial pits at 500m minimum spacing. The range of tests are to be as in
3.2.2(ii) bullet number 2.

(ix) Production of working drawings, plans, profiles, cross-sections, construction details,

drainage details, road furniture details etc to the following scales:
• Location plans 1: 1,000,000 (as part of the whole of Uganda)
1: 500,000 (with area close to the road)
• Longitudinal profiles 1: 1000/100
• Cross sections 1: 100
• Details 1: 50 to 1: 10.

Sets of Drawings shall also be prepared as broken down below;

▪ 18 kms of all-weather road and 20 kms up to formation level(gravel).
▪ Upgrading of 20 kms of road from Gravel to all weather.

(x) Prepare an updated Master Plan of the park showing the revised road network (38kms
designed + 46km re-planned) using the topographical survey map, as well as the
changed features in the park, including the proposed revised demarcation of the plots
and the wayleaves.
(xi) Place survey mark stones as boundary markers to all the re demarcated Plots, where
there are none. Prepare a detailed report on the positioning of the mark stones for the
identified plots in the updated master plan which shall also show their coordinates.
(xii) Updated Estimates for the cost of construction of the phases will be prepared by the
Consultant based on reliable and full engineering and detailed Bills of Quantities and
detailed analysis of costs for each bill item. The foreign exchange and local currency
costs will be shown in detail for each item including the material schedule where
necessary in the bills of quantities All due taxes shall be incorporated but shown
separately.

STAGE IV

3.1 The Preparation of Bidding Documents

a) The biding documents shall reflect the phasing of the works in two phases namely;

Phase I: 18 kms of all-weather road (dual/single carriageway) and 20 kms up to

formation level (gravel, singe carriageway).
Phase II: Upgrading of 20 kms of road from Gravel to all weather.

b) Preparation of the sets of bidding documents for the construction works, shall be in
accordance with the latest MoWT standard specifications, UNRA requirements and
the PPDA standard document for works.

These shall include

- An Invitation for Bids
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- Instructions to Bidders
- Bidding Data
- Evaluation methodology and Criteria
- Bidding forms
- Statement of Requirements (drawings, specifications and Bills of
quantities)
- General Conditions of Contract
- Special Conditions of Contract
- Forms of Agreement
- Other documents as listed in the Appendix to Bid

c) Compilation of a list of the equipment required by the materials laboratory for

monitoring the works.
d) Preparation of feasible construction schedules for the phase and confidential cost
estimates for the phases.
e) Maintenance schedules for the roads.

STAGE V

3.1 Assistance with the Bidding and the Bid Evaluation processes

The consultant shall assist the UNOC as follows;

a) In the bidding process the consultant shall be present at the pre bid meetings, assist in
the response to clarifications and attend the opening of the bids.
b) In the Bid evaluation process the consultant shall have a representative on the bid
evaluation committee and on the negotiation committee and provide input in the draft
contract agreement.

The report on the bidding and bid evaluation process shall be combined with the consultancy
completion report. The consultancy completion report shall summarise the outputs and
timelines achieved in the consultancy, the amount of fees paid out, the challenges faced and
recommendations on actions to be taken in the future assignments to improve service delivery.

4. THE EXPECTED OUTPUTS

The expected outputs are;

(a) An Inception Report

(b) Draft Preliminary Design report (Including the design base statement)
(c) Preliminary Design report
(d) Draft, Detailed Engineering Design Report (Including the ESIA)
(e) Final, Detailed Engineering Design Report
(f) The Draft sets of Bidding Documents.
(g) The Final sets of Bidding Documents.
(h) The Bidding and Bid Evaluation processes Report and a consultancy
completion report.

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5. ON JOB TRAINING

The consultant shall provide the opportunity to officers and staff of UNOC and selected staff from
UNRA to be involved in the design team of the consultant at all levels. The consultant shall be
required to submit a detailed proposal for the training ,clearly stating how nominated UNOC staff
shall be trained by the consultant. In particular, the training should cover all aspects of the design
project.

6. HUMAN RESOURCE INPUT

8.1 The Consultant shall have the following key personnel in their proposed profile: (i) Team
Leader/Highways engineer, (ii) Bridges and Structures Engineer, (iii) Materials Engineer,
(iv) Electrical Engineer v) Land Surveyor, (vi) Senior Land Economist/Valuer (vii)
Physical Planner (viii) Transport Economist, and (ix) Environmental Specialist. (x)
Sociologist/Resettlement Specialist.

8.2 The professional staff input of the Key personnel is expected to be about 22 person
months. The minimum requirements of these key staff are as indicated below.

8.3 Team leader/ Highways Engineer

The Team Leader shall be responsible for the proper conduct and undertaking of the
assignment and shall be the key contact between the design team and the Client.

In addition, the Team Leader shall be responsible for the Geometric design of the roads,
preparation of the Bills of quantities, Specifications, and Bidding Documents.

He/she must be a Registered Civil Engineer with a degree in Civil Engineering or

equivalent qualification. A postgraduate degree in highway/transport engineering is an
added advantage. He/She must have at least 10 years cumulative experience 10 (after a
degree) of which should have been gained in carrying assignments of similar nature in Sub
Saharan Africa. Fluency in written and spoken English is mandatory.

8.4 Materials Engineer

The Materials Engineer shall be responsible for conducting and supervising the materials
/geotechnical investigation with a view to achieving optimal design and construction. The
Materials Engineer shall coordinate with the Highway Design Engineer in carrying out the
pavement design and should be conversant with current practice in testing and pavement
construction strategies. He/She must be a registered Civil Engineer with a degree in Civil
Engineering or equivalent qualification. A postgraduate qualification in
geotechnical/pavement engineering is an added advantage. He/She must have a minimum
of 8 years of specific experience (after a degree) in materials testing, soils investigation and
pavement design. Fluency in written and spoken English is mandatory.

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8.5 Bridges and Structures Engineer

The Bridges and Structural Engineer (BSE) shall assist the Team leader to carry out the
hydrological assessment, hydraulic and structural design of the drainage systems,
compilation of the road furniture inventory and proposals. The BSE shall also assist in the
preparation of the Bills of quantities, Specifications, and Bidding Documents.

The BSE shall have a minimum of a BSc in Civil Engineering with at least 8 years’
experience after graduation (after getting the degree) in road and bridges design and
construction. Specific design experience of roads in an urban setting will be an added
advantage. The BSE having experience of working in developing countries shall be an
added advantage.

8.6 Electrical Engineer

The electrical engineer (EE) shall be responsible for the preliminary and detailed design of
the street lighting system including advising on the positioning of the access pipes across
the roads for the cabling as well as the other services that will be crossing the roads in the
future.

The EE shall be a registered engineer have a minimum of a BSc in Electrical Engineering

with at 8 years’ experience after graduation (with a degree) in the power supply system
design with specific experience in flood lights and solar street lighting experience being
an added advantage. The EE having experience of working in developing countries shall
be an added advantage.

8.7 Land Surveyor

The surveyor shall be responsible for the location, levelling of the centreline as well as
taking cross-sections of the road corridors. This will be done with enough detail to enable
detailed geometric design to be undertaken. Permanent ground markers and benchmarks
shall be placed by the Surveyor. The surveyor shall also be responsible for the
identification of properties to be acquired.
The surveyor shall be responsible for the detailed Topographic surveys, Establishments
and coordination of survey benchmarks,

The surveyor shall demarcate boundaries of the all the properties and way leaves in the
updated masterplans (at preliminary and the detailed design stage) with survey mark
stones.

The surveyor shall be registered with a regulatory body have a minimum of a degree in
land surveying and shall be registered to practice. The Surveyor shall have at least 8 years’
experience (after the degree) in road route location, topographical surveys, plot
demarcations and surveys for the valuation of land.

8.8 Senior Land Economist/Valuer

The Senior Land Economist/Valuer (LV/E) shall be responsible for the valuation of all the
properties that will be affected by the road reserve. He/ She be a registered valuer with a
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regulatory body and shall have a minimum of a degree in land economics with at least 8
years’ experience (after graduation) in the valuation of properties.

8.9 Physical planner

The physical planner (PP) shall be responsible for interpreting the physical planning
aspects of the KIP masterplan which shall include , identifying the provisions for all the
roads, utilities, all land uses originally provided for in the master plan and current
features present in the Park that will affect the update. The Planner shall advise on the
proposed modifications to the plan , taking into account the changes in land use that have
occurred in the park , as well as based on design of the roads and utilities The physical
planner shall update the KIP master plan taking account the detailed design of the roads
and the changes in the land use.

The physical planner shall have a minimum of a degree in urban /regional /physical
planning. He/she shall have at least 8 years’ experience (after graduation) in physical
planning and preparing of physical development plans. The PP having experience in
physical planning in developing countries shall be an added advantage.

8.10 Transport Economist;

The Transport Economist (TE) shall be responsible for the financial and socio-economic
evaluation of the scenarios built up from the possible alignments of the road. The
economist shall give a recommendation on the most viable scenario using the parameters
of internal rates of return, net present values, cost benefit ratios and other appropriate
means of measure.

The Transport Economist shall have a minimum of a degree with at least eight (8) years’
experience (after getting a degree) in carrying out socio-economic analysis on road and
road related projects. The economist shall be familiar with the traffic patterns
characterising low volume roads both in a rural and urban setting and shall have
proficiency with the HDM technology. Experience in Africa will be an added advantage.

8.11 Environmental Specialist

The Environmental Specialist shall be responsible for carrying out an environment impact
assessment of the project and propose mitigating actions to be carried out in order
minimise any negative impact, which the road construction will have on the environment
and the people.

The Environmental Specialist shall have a minimum of a graduate degree in

Environmental and/or related studies with at least five (5) years’ experience in
conducting environment impact assessments of construction projects and registered with
NEMA as a practitioner and a Team Leader for ESIAs. Prior work on construction projects
will be an added advantage.

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8.12 Sociologist/Resettlement Specialist

The Sociologist/Resettlement Specialist shall be responsible for carrying out a Social
impact assessment of the Project and propose mitigating actions to be carried out in order
to minimise any negative impact the roads may have on the people. If required, the
specialist shall prepare a compensation/resettlement plan.

The Sociologist shall have a minimum of a graduate degree majoring in social work with
at least five (5) years working experience (after the degree) in social impact assessment.
Experience of having worked on compensation and resettlement plans of construction
projects will be an added advantage.

7. TIME DURATION

The total time duration of the assignment is 14 calendar Months.

8. REPORTING

The consultant shall prepare the following reports, each report having an original and
three copies. The consultant shall further provide for one soft copy for each of the reports
which can be in either on a CD/DVD/memory stick and should be in readable in UK-
English language and editable format.
The consultant shall prepare all necessary logistics required for the reporting to take place
and any necessary presentations, however a consultant can call a meeting anytime, when
a need arises.
For all the drawings and the plans, they should be submitted in active GIS shape files, CAD
drawings and PDF file format

8.1 Inception Report

The consultant shall submit an inception report at the end of the 4 weeks from the
commencement date of the consultancy services. This report shall outline the workplan,
strategy, staff mobilisation, methodology, organisation, training schedule and timetable of
the assignment.

8.2 Draft Preliminary Design Report

The consultant shall produce a draft Preliminary Design study report three (3) months
after commencement. This report shall include preliminary designs and cost estimates,
outcomes of a multi criteria analysis of the socio-economic and environment risks and
impact It shall include an executive summary, summarising the findings and
recommendations. The Environmental and social impact assessment report shall be
submitted to NEMA for approval.

8.3 The Preliminary Design Report

After considering the comments made on the draft Preliminary Design Report the
consultant shall prepare and submit the Preliminary Design Report Four (4) months after
commencement

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8.4 Draft Detailed Design Report

The consultant shall submit a draft detailed design report complete with cost estimates
seven (7) months after commencement. This shall include an ESIA Report which shall
have been submitted to NEMA for approval.

8.5 Final Detailed Design Report

After approval of the draft detailed design report the consultant shall submit the final
detailed design report acceptable to the Client eight (8) months after commencement.

8.6 The Draft Bidding Documents

2 sets of Bidding Documents shall be prepared and submitted to the client nine months
(9) after commencement.

8.7 The Final Bidding Documents report

After approval of the draft bidding documents by UNOC, 2 sets of final Bidding Documents
shall be prepared and submitted to the client ten months (10) after commencement.

8.8 The report on the Bidding and Bid Evaluation Processes and Consultancy
Completion report.
After assisting in the bidding process and the evaluation of bids the consultant shall
prepare a report on these processes including a consultancy completion report to be
submitted to the Client 14 months (14) after commencement.

8.9 The Reporting schedules

The table shows summarised reporting schedule for the project.

Item Key Activities Submission Time after
Commencement of
Consultancy
1. Inception Report 1month
2. Draft Preliminary Design Report 3 months
3. Preliminary Design Report 4 months
4. Draft Detailed Design Report 7 months
5. Final Detailed Design Report 8 months
6. Draft Bidding Documents 9 months
7. Final Bidding Documents 10 months
8. Bidding Process, Bid Evaluation and 14 months
Consultancy Completion Report

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9. DATA SERVICES AND FACILITIES

PHASE I: Feasibility Study, detailed engineering design and bidding documents

9.1 Data and Services

The client will provide.

(a) a Copy of the land Title for the Industrial park and the Final Kabaale Industrial Master
Plan.

(b) Available Traffic Count Data on the Kabaale Kizirafumbi road and the Hoima Kaiso
road.

(c) Liaison and assistance for any information or documents required from Government
Agencies which the UNOC considers essential for the proper conduct and execution of
the assignment.
(d) The current positions on ground of the Airport Boundary, the Refinery, the Pump
station one, the crude oil Feeder Pipelines, the EACOP pipeline and the Multiproduct
pipeline.
(e) Information on the ESIA for the Industrial Park.

9.2 Facilities
The Consultant shall allow for the provision of the following facilities in his proposal for

(a) Office and Residential Accommodation

The Consultant shall allow for the rental of reasonable accommodation for his staff
for the duration of the assignment. This shall include allowance for the provision
of telephone, Electricity, water and Sewerage utilities at the selected
accommodation premises.
(b) Computer Hardware, Software, Office Supplies, Photocopiers and Furniture

The Consultant shall allow for the office support facilities mentioned above for the
use of his staff, for the duration of the assignment.

(c) Materials Testing

The Consultant shall allow for the provision of all Materials testing required for the
design.

(d) Attachment of Government Staff

The Government shall attach professional and technical staff to the Project for
systematic acquisition of practical experience. The Consultant shall ensure that the
attached staff are involved and trained on the project work. The allowances for
accommodation and transport for this staff will not be included in the proposal.

(e) Transport
The Consultant shall allow for the provision of vehicular transport for himself and
his staff throughout phase I of the project.
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9.3 The Consultant will be responsible.

(i) For the employment of only staff whose curriculum vitae have been approved by the
Government. Replacement or temporary substitution shall not be permitted unless in
emergency or under very exceptional circumstances.

(ii) For arranging and providing for the supervision and efficient performance of his staff.

(iii) For ensuring that he assigns duties to Government staff who may be attached to
the project. The consultant shall monitor the acquisition of practical experience of
each individual and submit a progress report on each individual.

(iv) For fully co-operating with the relevant Government ministries and departments.
The consultant shall be solely responsible for the analysis and interpretation of all the
data received and conclusions and recommendations based thereon.

9.4 The Management of the Assignment

The project will be managed by Uganda National Oil company (UNOC) supported by the
Uganda National Roads Authority (UNRA)

Attachment 1

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PART 3 - Contract

Section 7: General Conditions of Contract

for the Procurement of Consultancy Services
Table of Clauses
A General Provisions 80
1 Definitions 80
2 Corrupt Practices 81
3 Confidential Information 82
B The Contract 82
4 Contract Documents 82
5 Governing Law 83
6 Language 83
7 Notices 83
8 Commencement of Services 84
9 Assignment 84
10 Subcontracting 84
11 Contract Amendments 84
12 Change in Laws 84
13 Force Majeure 84
14 Suspension of Assignment 85
15 Termination 86
16 Cessation of Rights and Obligations or Services 87
17 Settlement of Disputes 87
18 Completion Period of the Services 87
C Obligations of the Procuring and Disposing Entity 87
19 Provision of Information and Assistance 88
20 Provision of Counterpart Staff 88
D Payment 89
21 Contract Price and Currency 89
22 General Payment Procedure 89
23 Invoice Procedure 89
24 Documentation to Support Invoices 89
25 Payment Schedule 90
26 Advance Payment Guarantee 90
27 Payment Terms 90
28 Final Statement and Payment 90
29 Accounts 90
30 Option 1 - Payments in respect of Lump Sum remunerated Contracts 91
31 Option 2 - Payments in respect of Time Based remunerated Contracts 91
32 Price Adjustments 91

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33 Taxes and Duties 91

E Obligations of the Consultant 92
34 Obligations of the Consultant 92
35 Eligibility 92
36 Joint Venture, Consortium or Association 92
37 Code of Conduct 93
38 Conflict of Interests 93
39 Indemnification 93
40 Insurance to be taken out by the Consultant 94
41 Accounting, Inspection and Auditing 94
F Performance of the Services 95
42 Scope of Services 95
43 Specifications and Designs 95
44 Property of Deliverables 95
45 Extensions of Time 95
46 Consultant’s Personnel 95
47 Working Hours of the Personnel 96
48 Replacement of Personnel 96
49 Medical and Insurance arrangements 97

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Section 7: General Conditions of Contract

for the Procurement of Consultancy Services
A General Provisions
1 Definitions
1.1 The headings and titles of these General Conditions of Contract shall not limit,
alter or affect the meaning of the Contract.
1.2 Unless the context otherwise requires, the following words and terms shall have
the meanings assigned to them:
(a) “Consultant” means the natural person, private or government entity, or a
combination of the above, whose proposal to perform the Contract has been
accepted by the Procuring and Disposing Entity and is named as such in the
Agreement, and includes the legal successors or permitted assigns of the
Consultant.
(b) “Contract” means the Agreement entered into between the Parties and includes
the Contract Documents.
(c) “Contract Documents” means the documents listed in GCC 4.1, including all
attachments, appendices, and all documents incorporated by reference therein,
and shall include any amendments thereto.
(d) “Contract Price” means the sum stated in the Agreement representing the
maximum, total or estimated amount payable for the provision of the Services.
(e) “Day” means working day. “Month” means calendar month.
(f) “Eligible Countries” means the countries and territories eligible as listed in the
SCC.
(g) “Foreign Currency” means any currency other than Uganda Shillings.
(h) “GCC” means the General Conditions of Contract.
(i) “Local Currency” means Uganda Shillings.
(j) “Lump sum contract” means a contract under which the Services are performed
for an all inclusive fixed total amount.
(k) “Member,” where the Consultant consists of a joint venture of more than one
entity, means any of these entities; “Members” means all these entities; and
“Member in Charge” means the entity authorised to act on all the Members behalf
in exercising all the Consultants’ rights and obligations towards the Procuring
and Disposing Entity under the Contract and named in the SCC.
(l) “Party” means the Procuring and Disposing Entity or the Consultant, as the case
may be, and “Parties” means both of them.
(m) “Personnel” means persons engaged by the Consultant or by any Sub-contractor
as employees and assigned to the performance of the Services or any part
thereof; “Foreign Personnel” means such persons who at the time of being so
engaged had their domicile outside Uganda; “Local Personnel” means such
persons who at the time of being so engaged had their domicile inside Uganda;
and “Key Personnel” means those Personnel that are regarded by the Consultant
as essential to the successful completion of the Services and related tasks.

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(n) “Procuring and Disposing Entity” means the entity purchasing the Services, as
specified in the Agreement.
(o) “SCC” means the Special Conditions of Contract.
(p) “Services” means the professional or specialised Services to be performed by the
Consultant as described in the contract and shall include consultancy Services.
(q) “Subcontractor” means any natural person, private or government entity, or a
combination of the above, including its legal successors or permitted assigns, to
whom any part of the Services to be provided is subcontracted by the Consultant.
(r) “Time based contract” means a contract under which the Services are provided
on the basis of fixed fee rates and payments are made on the basis of time
actually spent.
(s) “Tribunal” means a Tribunal established under the PPDA Act, 2003
1.3 The word “Government” shall mean the Government of the Republic of Uganda.
1.4 If the context so requires it, singular means plural and vice versa.
1.5 Nothing contained herein shall be construed as establishing a relation of master
and servant or of principal and agent between the Procuring and Disposing
Entity and the Consultant.
2 Corrupt Practices
2.1 It is the Government of Uganda’s policy to require that Procuring and Disposing
Entities, as well as Consultants under Government financed contracts, observe
the highest standards of ethics during the procurement and execution of such
contracts. In pursuit of this policy, the Government of Uganda:
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,
directly or indirectly, of anything of value, to influence the action of a
public official in the procurement process or in contract execution; and
(ii) “fraudulent practice” is any act or omission, including a
misrepresentation, that knowingly or recklessly misleads, or attempts
to mislead, a party to obtain a financial or other benefit or to avoid an
obligation;
(iii) “collusive practice” is an arrangement between two or more parties
designed to achieve an improper purpose, including to influence
improperly the actions of another party;
(iv) “coercive practice” is impairing or harming, or threatening to impair or
harm, directly or indirectly, any party or the property of the party to
influence improperly the actions of a party;
b) will suspend a firm, either indefinitely or for a stated period of time, from
being awarded a Government funded contract if it at any time determines
that the firm has engaged in corrupt, fraudulent, collusive or coercive
practices in competing for, or in executing, a Government funded Contract.
2.2 The Consultant shall permit the Government of Uganda to inspect the
Consultant’s accounts and records relating to the performance of the Consultant
and to have them audited by auditors appointed by the Government of Uganda,
if so required by the Government.
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2.3 In pursuit of the policy defined in GCC Clause 2.1, the Procuring and Disposing
Entity may terminate a Contract in accordance with GCC Clause 15 if it at any
time determines that corrupt, fraudulent, collusive or coercive practices were
engaged in by representatives of the Procuring and Disposing Entity or of a
Consultant, during the procurement or the execution of that contract.
3 Confidential Information
3.1 The Procuring and Disposing Entity and the Consultant shall keep confidential
and shall not without the written consent of the other party hereto, divulge to
any third party any reports or data, or other information furnished directly or
indirectly by the other party hereto in connection with the Contract, whether
such information has been furnished prior to, during or following completion or
termination of the Contract. Notwithstanding the above, the Consultant may
furnish to its Subcontractor such documents, data, and other information it
receives from the Procuring and Disposing Entity to the extent required for the
Subcontractor to perform its work under the Contract, in which event the
Consultant shall obtain from such Subcontractor an undertaking of
confidentiality similar to that imposed on the Consultant under the Contract.
3.2 The Procuring and Disposing Entity shall not use such documents, data, and
other information received from the Consultant for any purposes unrelated to
the contract. Similarly, the Consultant shall not use such documents, data, and
other information received from the Procuring and Disposing Entity for any
purpose other than the design, procurement, or other work and Services
required for the performance of the Contract.
3.3 The obligations of a party under GCC Clauses 3.1 and 3.2 shall however not apply
to information that:
(a) the Procuring and Disposing Entity or Consultant need to share with any
institution participating in the financing of the Contract;
(b) now or hereafter enters the public domain through no fault of that party;
(c) can be proven to have been possessed by that party at the time of disclosure
and which was not previously obtained, directly or indirectly, from the other
party; or
(d) otherwise lawfully becomes available to that party from a third party that
has no obligation of confidentiality.
3.4 The provisions of GCC Clauses 3.1 and 3.2 shall not in any way modify any
undertaking of confidentiality given by either of the parties hereto prior to the
date of the Contract in respect of the Services or any part thereof.
3.5 The provisions of GCC Clauses 3.1 and 3.2 shall survive for a period of two years
from completion or termination, for whatever reason, of the Contract.
B The Contract
4 Contract Documents
4.1 The documents forming the Contract shall be interpreted in the following order
of priority:
(a) Agreement,
(b) Consultant’s Proposal as amended by clarifications,
(c) Special Conditions of Contract,
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(d) General Conditions of Contract,

(e) Statement of Requirements,
(f) Minutes of negotiations if any,
(f) any other document listed in the SCC as forming part of the Contract.
All documents forming the Contract are intended to be correlative,
complementary, and mutually explanatory.
4.2 No amendment, modification or other variation of the Contract shall be valid
unless an Amendment to Contract is made in writing, is dated, expressly refers
to the Contract, and is signed by a duly authorised representative of each party
thereto.
4.3 If any provision or condition of the Contract is prohibited or rendered invalid or
unenforceable, such prohibition, invalidity or unenforceability shall not affect
the validity or enforceability of any other provisions and conditions of the
Contract.
4.4 Any action required or permitted to be taken, and any document required or
permitted to be executed, under the Contract by the Procuring and Disposing
Entity or the Consultant may be taken or executed by the authorised
representatives specified in the SCC.
4.5 The Contract constitutes the entire agreement between the Procuring and
Disposing Entity and the Consultant and supersedes all communications,
negotiations and agreements (whether written or oral) of parties with respect
thereto made prior to the date of Contract. No agent or representative of either
Party has authority to make, and the Parties shall not be bound by or be liable
for, any statement, representation, promise or agreement not set forth herein.
5 Governing Law
5.1 The Contract shall be governed by and interpreted in accordance with the laws
of Uganda unless otherwise stated in the SCC.
6 Language
6.1 The Contract as well as all correspondence and documents relating to the
Contract exchanged by the Consultant and the Procuring and Disposing Entity,
shall be written in English. Supporting documents and printed literature that
are part of the Contract may be in another language provided they are
accompanied by an accurate translation of the relevant passages in the language
specified, in which case, for purposes of interpretation of the Contract, this
translation shall govern.
6.2 The Consultant shall bear all costs of translation to the governing language and
all risks of the accuracy of such translation.
7 Notices
7.1 Any notice, request or consent required or permitted to be given or made
pursuant to the Contract shall be in writing. Any such notice shall be deemed to
have been given when delivered to the authorised representative of the Party at
the address specified in the SCC.
7.2 A Party may change its address for notice hereunder by giving the other Party
notice of such change.

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8 Commencement of Services
8.1 The Consultant shall commence the Services within the time period specified in
the SCC after the date of signature of the Agreement.
9 Assignment
9.1 The Procuring and Disposing Entity or the Consultant shall not assign, in whole
or in part, their obligations under this Contract, except with the prior written
consent of the other party.
10 Subcontracting
10.1 The Consultant shall request approval in writing from the Procuring and
Disposing Entity for all subcontracts awarded under the Contract that are not
included in the Contract. Subcontracting shall in no event relieve the Consultant
of any of its obligations, duties, responsibilities or liability under the Contract.
10.2 Subcontracts shall comply with the provisions of GCC Clauses 2 and 35.
11 Contract Amendments
11.1 The Procuring and Disposing Entity may at any time request the Consultant
through notice in accordance with GCC Clause 7, to make changes to the Contract
by agreement to an Amendment of Contract.
11.2 If any such change causes an increase or decrease in the cost of, or the time
required for, the Consultant’s performance of any provisions under the Contract,
an equitable adjustment shall be made in the Contract Price or in the Completion
Date, or both, and the Contract shall accordingly be amended. Any claims by the
Consultant for adjustment must be asserted within twenty-eight days from the
date of the Consultant’s receipt of the Procuring and Disposing Entity’s notice.
11.3 Prices to be charged by the Consultant for any related or additional Services that
might be needed but which were not included in the Contract shall be agreed
upon in advance by the parties.
11.4 An Amendment to Contract shall be signed by both Parties following agreement
to the proposed changes required and shall make adjustments for the impact on
the Contract Price, completion period or any other condition.
12 Change in Laws
12.1 Unless otherwise specified in the Contract, if after the date of the Request for
Proposals Document, any law, regulation, ordinance, order or bylaw having the
force of law is enacted, promulgated, abrogated, or changed in Uganda or where
the Site is located (which shall be deemed to include any change in interpretation
or application by the competent authorities) that subsequently affects the
Completion Date and/or the Contract Price, then such Completion Date and/or
Contract Price shall be correspondingly increased or decreased, to the extent
that the Consultant has thereby been affected in the performance of any of its
obligations under the Contract. Notwithstanding the foregoing, such additional
or reduced cost shall not be separately paid or credited if the same has already
been accounted for by a contracts amendment or a price adjustment in
accordance with GCC Clause 32.
13 Force Majeure
13.1 For the purposes of the Contract, “Force Majeure” shall mean an event or events
which are beyond the reasonable control of a Party, and which makes a Party’s
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performance of its obligations hereunder impossible or so impractical as

reasonably to be considered impossible in the circumstances, and includes, but
is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm,
flood or other adverse weather conditions, strikes, lockouts or other industrial
action (except where such strikes, lockouts or other industrial action are within
the power of the Party invoking Force Majeure to prevent), confiscation or any
other action by government agencies.
13.2 Force Majeure shall not include:
(a) any event which is caused by the negligence or intentional action of a Party
or such Party’s Sub-contractors or agents or employees; nor
(b) any event which a diligent Party could reasonably have been expected to
both:
(i) take into account from the effective date of the Contract; and
(ii) avoid or overcome in the carrying out of its obligations.
(c) insufficiency of funds or failure to make any payment required hereunder.
13.3 The failure of a Party to fulfil any of its obligations hereunder shall not be
considered to be a breach of, or default under, the Contract insofar as such
inability arises from an event of Force Majeure, provided that the Party affected
by such an event has taken all reasonable precautions, due care and reasonable
alternative measures, all with the objective of carrying out the terms and
conditions of the Contract.
13.4 A Party affected by an event of Force Majeure shall take all reasonable measures
to:
(a) remove such Party’s inability to fulfil its obligations hereunder with a
minimum of delay; and
(b) minimise the consequences of any event of Force Majeure.
13.5 A Party affected by an event of Force Majeure shall notify the other Party of such
event as soon as possible, and in any event not later than fourteen (14) days
following the occurrence of such event, providing evidence of the nature and
cause of such event, and shall similarly give notice of the restoration of normal
conditions as soon as possible.
13.6 During the period of their inability to perform the Services as a result of an event
of Force Majeure, the Consultant shall be entitled to continue to be paid under
the terms of the Contract as well as to be reimbursed for additional costs
reasonably and necessarily incurred by them during such period for the
purposes of the Services and in reactivating the Services after the end of such
period.
13.7 Not later than thirty (30) days after the Consultant, as the result of an event of
Force Majeure, has become unable to perform a material portion of the Services,
the Parties shall consult with each other with a view to agreeing appropriate
measures to be taken in the circumstances.
14 Suspension of Assignment
14.1 The Procuring and Disposing Entity may, by written notice of suspension of the
assignment to the Consultant, suspend all payments to the Consultant hereunder
if the Consultant fails to perform any of its obligations under the Contract,

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including the carrying out of the Services, provided that such notice of
suspension shall:
(a) specify the nature of the failure; and
(b) request the Consultant to remedy such failure within a period not exceeding
thirty days
after receipt by the Consultant of such notice of suspension.
15 Termination
15.1 The Procuring and Disposing Entity may, by not less than thirty days written
notice of termination to the Consultant (except in the event listed in paragraph
(f) below, for which there shall be a written notice of not less than sixty days),
such notice to be given after the occurrence of any of the events specified in GCC
Clause 15.1 (a) to (h), terminate the Contract if:
(a) the Consultant fails to remedy a failure in the performance of its obligations
as specified in a notice of suspension of assignment pursuant to GCC Clause
14 within thirty days of receipt of such notice of suspension of assignment
or within such other period agreed between the Parties in writing;
(b) the Consultant becomes, or if any of the Consultant’s Members becomes,
insolvent or bankrupt or enters into any agreements with their creditors for
relief of debt or take advantage of any law for the benefit of debtors or go
into liquidation or receivership whether compulsory or voluntary other than
for a reconstruction or amalgamation;
(c) the Consultant fails to comply with any final decision reached as a result of
arbitration proceedings pursuant to GCC Clause 17 hereof;
(d) the Consultant submits to the Procuring and Disposing Entity a statement
which has a material effect on the rights, obligations or interests of the
Procuring and Disposing Entity and which the Procuring and Disposing
Entity knows to be false;
(e) the Consultant is unable as the result of Force Majeure, to perform a material
portion of the Services for a period of not less than sixty days;
(f) the Procuring and Disposing Entity, in its sole discretion and for any reason
whatsoever, decides to terminate the Contract;
(g) the Consultant, in the judgment of the Procuring and Disposing Entity, has
engaged in corrupt, fraudulent, collusive or coercive practices in competing
for or in executing the Contract; or
(h) the Tribunal directs that a contract should be terminated.
15.2 The Consultant may, by not less than thirty days written notice to the Procuring
and Disposing Entity, such notice to be given after the occurrence of any of the
events specified in GCC Clause 15.2 (a) to (d) terminate the Contract if:
(a) the Procuring and Disposing Entity fails to pay any money due to the
Consultant pursuant to the Contract and not subject to dispute pursuant to
GCC Sub-Clause 23.2 within forty-five days after receiving written notice
from the Consultant that such payment is overdue;
(b) the Procuring and Disposing Entity is in material breach of its obligations
pursuant to the Contract and has not remedied the same within forty-five
days (or such longer period as the Consultant may have subsequently

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approved in writing) following the receipt by the Procuring and Disposing

Entity of the Consultant’s notice specifying such breach;
(c) the Consultant is unable as the result of Force Majeure, to perform a material
portion of the Services for a period of not less than sixty days; or
(d) the Procuring and Disposing Entity fails to comply with any final decision
reached as a result of arbitration pursuant to GCC Clause 17 hereof.
15.3 If either Party disputes whether an event specified GCC Clauses 15.1 or GCC
Clause 15.2 has occurred, such Party may, within forty-five days after receipt of
notice of termination from the other Party, refer the matter to arbitration
pursuant to GCC Clause 17 and the Contract shall not be terminated on account
of such event except in accordance with the terms of any resulting arbitral
award.
16 Cessation of Rights and Obligations or Services
16.1 Upon termination of the Contract pursuant to GCC Clause 15, or upon completion
of the Services pursuant to GCC Clause 18 hereof, all rights and obligations of the
Parties hereunder shall cease, except:
(a) such rights and obligations as may have accrued on the date of termination
or completion;
(b) the obligation of confidentiality set forth in GCC Clause 3;
(b) the Consultant’s obligation to permit inspection, copying and auditing of
their accounts and records set forth in GCC Sub-Clause 2.2; and
(c) any right which a Party may have under the Governing Laws.
16.2 Upon termination of the Contract by notice of either Party to the other pursuant
to GCC Clause 7, the Consultant shall, immediately upon dispatch or receipt of
such notice, take all necessary steps to bring the Services to a close in a prompt
and orderly manner and shall make every reasonable effort to keep expenditures
for this purpose to a minimum. With respect to documents prepared by the
Consultant and equipment and materials furnished by the Procuring and
Disposing Entity, the Consultant shall proceed as provided, by GCC Clause 44.
17 Settlement of Disputes
17.1 The Procuring and Disposing Entity and the Consultant shall make every effort
to resolve amicably by direct informal negotiation any disagreement or dispute
arising between them under or in connection with the Contract or interpretation
thereof.
17.2 If the parties fail to resolve such a dispute or difference by mutual consultation
within twenty-eight days from the commencement of such consultation, either
party may require that the dispute be referred for resolution in accordance with
the Arbitration and Conciliation Act Cap 4 laws of Uganda or such other formal
mechanism specified in the SCC.
18 Completion Period of the Services
18.1 The period for the completion of the Services shall be specified in the SCC. The
completion period shall be counted from the date of the commencement of the
Services.
C Obligations of the Procuring and Disposing Entity

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19 Provision of Information and Assistance

19.1 The Procuring and Disposing Entity shall supply the Consultant with any
information or documentation at its disposal which may be relevant to the
performance of the contract. Such documents shall be returned to the Procuring
and Disposing Entity at the end of the period of the Contract.
19.2 The Consultant may request the assistance of the Procuring and Disposing Entity
to obtain copies of laws, regulations, and information on local customs, orders or
bylaws of Uganda, which may affect the Consultant in the performance of its
obligations under the contract. The Procuring and Disposing Entity may charge
the Consultant for such assistance.
19.3 Subject to the provisions of the laws and regulations on foreign labour in Uganda,
the Procuring and Disposing Entity shall make every effort to facilitate the
Consultant in obtaining all required visas and permits, including work and
residence permits, for the personnel whose services the Consultant and the
Procuring and Disposing Entity consider necessary as well as residence permits
for their families.
19.4 The Procuring and Disposing Entity shall issue to its employees, agents and
representatives all such instructions as may be necessary or appropriate to
facilitate the prompt and effective performance of the Services.
19.5 The Procuring and Disposing Entity shall use its best efforts to ensure that the
Government shall:
(a) facilitate prompt clearance through customs of any property required for the
Services and of the personal effects of the Personnel and their eligible
dependents;
(b) exempt the Consultant and the Personnel from any requirement to register or
obtain any permit to practice their profession or to establish themselves
either individually or as a corporate entity according to the Laws of Uganda;
(c) provide to the Consultant, Sub-contractors and Personnel any such other
assistance as may be specified in the SCC.
19.6 The Procuring and Disposing Entity shall make available to the Consultant and the
Personnel, for the purposes of the Services and free of any charge, the services,
facilities and property described in the Statement of Requirements at the times
and in the manner specified in the Statement of Requirement.
20 Provision of Counterpart Staff
20.1 If so provided in the SCC, the Procuring and Disposing Entity shall make available
to the Consultant, as and when provided in the Contract, and free of charge, such
counterpart Personnel to be selected by the Procuring and Disposing Entity, with
the Consultant’s advice, as shall be specified in the Contract. Counterpart
Personnel shall work under the exclusive direction of the Consultant. If any
member of the counterpart Personnel fails to perform adequately any work
assigned to such member by the Consultant which is consistent with the position
occupied by such member, the Consultant may request the replacement of such
member, and the Procuring and Disposing Entity shall not unreasonably refuse to
act upon such request.

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20.2 If counterpart Personnel are not provided by the Procuring and Disposing Entity
to the Consultant where specified in the Contract, the Procuring and Disposing
Entity and the Consultant shall agree:
(a) how the affected part of the Services shall be carried out; and
(b) the additional payments or time, if any, to be granted by the Procuring and
Disposing Entity to the Consultant as a result thereof.
20.3 Counterpart personnel are not liable for the poor performance of the Consultant.
D Payment
21 Contract Price and Currency
21.1 The Contract Price shall be expressed as a specific amount or amounts in the
Agreement representing:
(a) the total amount payable for a Lump Sum contract; or
(b) the maximum amount for a Time Based contract.
21.2 Payments shall be made in the currency or currencies of the contract price, unless
otherwise specified in the SCC.
21.3 The Contract Price may only be changed as provided for in GCC Clause 11.
22 General Payment Procedure
22.1 The provisions of this Clause apply to all contracts subject to these GCC. Additional
provisions at GCC Clause 30 or 31 shall apply as follows:
(a) the provisions of GCC Clause 30, Option 1 shall apply to Lump Sum contracts;
(b) the provisions of GCC Clause 31, Option 2 shall apply to Time Based contracts.
The type of contract applicable is stated in the SCC.
22.2 In consideration of the Services performed by the Consultant under the Contract, the
Procuring and Disposing Entity shall make to the Consultant such payments in such
manner as is provided by the Contract.
23 Invoice Procedure
23.1 The Procuring and Disposing Entity shall receive payment requests made by
submission of invoices and all supporting documents and shall certify such invoices
for payment. The Procuring and Disposing Entity shall certify or reject such requests
for payment within five days from receipt.
23.2 Where such payment requests are rejected, the Procuring and Disposing Entity shall
promptly advise the Consultant of the reasons for rejection.
23.2 The Procuring and Disposing Entity shall not unreasonably withhold any undisputed
portion of a request for payment. The Procuring and Disposing Entity shall notify the
Consultant of the inadmissibility of a request for payment due to an error,
discrepancy, omission or any other reason so that the Parties may resolve such
error, discrepancy, omission or other fault and agree a solution to enable payment
of the corrected request for payment. Only such portion of the request for payment
that is inadmissible may be withheld from payment. Should any discrepancy be
found to exist between actual payment made and costs authorised to be incurred by
the Consultant, the Procuring and Disposing Entity may add or subtract the
difference from any subsequent payments.
24 Documentation to Support Invoices

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24.1 Invoices shall be accompanied by the documentary requirements specified in the

SCC.
25 Payment Schedule
25.1 All payments under the Contract shall be made in accordance with the payment
schedule specified in the SCC.
26 Advance Payment Guarantee
26.1 Unless otherwise stated in the SCC, where any payment is made in advance of
performance of Services, payment of the advance payment shall be made against the
provision by the Consultant of a bank guarantee for the same amount, and shall be
valid for the period stated in the SCC.
26.2 Should the advance payment guarantee cease to be valid and the Consultant fails to
re-validate it, a deduction equal to the amount of the advance payment may be made
by the Procuring and Disposing Entity from future payments due to the Consultant
under the contract.
26.3 If a Contract is terminated for any reason, the guarantee securing the advance may
be invoked in order to recover the balance of the advance still owed by the
Consultant.
27 Payment Terms
27.1 Unless otherwise specified in the SCC, payments shall be made by the Procuring and
Disposing Entity, no later than thirty days after submission and certification of a
request for payment by the Consultant.
28 Final Statement and Payment
28.1 A final payment shall be made against submission by the Consultant of a final
statement, identified as such and approved by the Procuring and Disposing Entity.
The final statement shall be deemed approved by the Procuring and Disposing Entity
ninety working days after receipt by the Procuring and Disposing Entity unless the
Procuring and Disposing Entity, within this period, gives written notice to the
Consultant specifying in detail deficiencies in the Services, the deliverables or the
final statement.
28.2 Any amount which the Procuring and Disposing Entity has paid or caused to be paid
which is in excess of the amounts actually payable in accordance with the provisions
of the Contract, shall be reimbursed by the Consultant to the Procuring and
Disposing Entity within thirty days after receipt by the Consultant of a notice thereof.
Any such claim by the Procuring and Disposing Entity for reimbursement must be
made within twelve months after receipt by the Procuring and Disposing Entity of a
final statement approved by the Procuring and Disposing Entity.
28.3 Upon termination of the Contract pursuant to GCC Clauses 15, the Procuring and
Disposing Entity shall make the following payments to the Consultant:
(a) fees for Services satisfactorily performed prior to the effective date of
termination;
(b) except in the case of termination pursuant to GCC Clauses 15.1(a) to (d) and
15.1(g) to (h) reimbursement of any reasonable cost incidental to the prompt
and orderly termination of the Contract including the cost of the return travel of
the Personnel and their eligible dependents.
29 Accounts
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29.1 All payments under the Contract shall be made to the accounts of the Consultant
specified in the Invoice.
30 Option 1 - Payments in respect of Lump Sum remunerated Contracts
30.1 The Contract Price shall be a fixed total lump-sum including all Personnel costs, Sub-
contractors’ costs, printing, communications, travel, accommodation, and all other
costs to be incurred by the Consultant in carrying out the Services described in the
Contract.
30.2 Total payments under this Contract shall not exceed the Contract Price.
30.3 The Contract Price shall be claimed in lump-sum instalments against deliverables
specified in GC Clause 25 and in accordance with the documentary requirement
stated in GC Clause 24.
31 Option 2 - Payments in respect of Time Based remunerated Contracts
31.1 The Consultant’s total remuneration shall not exceed the Contract Price stated in the
Agreement.
31.2 The Consultant shall notify the Procuring and Disposing Entity as soon as cumulative
charges incurred for the Services have reached 80% of the Contract Price.
31.3 Separate invoices shall be submitted for fees and for reimbursable expenditure.
31.4 Fees for the Personnel shall be claimed in accordance with the documentary
requirement stated in GC Clause 24.
31.5 Fees for the Personnel shall be determined on the basis of time actually spent by the
Personnel in the performance of the Services after the date determined in
accordance with the Commencement Date of the Services or such other date as the
Parties may agree in writing. Personnel time spent in the performance of the
Services shall include time for necessary travel via the most direct route, at the rates
detailed in the Contract and subject to such additional provisions as are set forth, in
the SCC.
31.6 Reimbursable expenditures shall include costs actually and reasonably incurred by
the Consultant in the performance of the Services and are specified in the Contract.
32 Price Adjustments
32.1 Prices charged by the Consultant for the Services performed under the Contract shall
not vary from the prices quoted in the Contract, with the exception of any price
adjustments authorised in the SCC.
33 Taxes and Duties
33.1 Except as otherwise specifically provided in the SCC, the Consultant shall bear and
pay all taxes, duties, and levies imposed on the Consultant, by all municipal, state or
national government authorities, both within and outside Uganda, in connection
with the provision of the Services to be supplied under the Contract.
33.2 If any tax exemptions, reductions, allowances or privileges may be available to the
Consultant in Uganda, the Procuring and Disposing Entity shall use its best efforts to
enable the Consultant to benefit from any such tax savings to the maximum
allowable extent.
33.3 For the purpose of the Contract, it is agreed that the Contract Price specified in the
Agreement is based on the taxes, duties, levies, and charges prevailing at the date
twenty-eight (28) days prior to the date of proposal submission in Uganda (called
“tax” in this clause). If any tax rates are increased or decreased, a new tax is
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introduced, an existing tax is abolished, or any change in interpretation or

application of any tax occurs in the course of the performance of the Contract, which
was or will be assessed on the Consultant, its Subcontractors, or their employees in
connection with performance of the Contract, an equitable adjustment to the
Contract Price shall be made to fully take into account any such change by addition
to or reduction from the Contract Price, as the case may be.
E Obligations of the Consultant
34 Obligations of the Consultant
34.1 The Consultant shall perform the Services under the contract with due care,
efficiency and diligence, in accordance with best professional practices.
34.2 The Consultant shall submit to the Procuring and Disposing Entity the reports and
other deliverables, specified in the Contract.
34.3 The Consultant shall respect and abide by all laws and regulations in force and
shall ensure that its personnel, their dependants, and its local employees also
respect and abide by all such laws and regulations. The Consultant shall indemnify
the Procuring and Disposing Entity against any claims and proceedings arising
from any infringement by the Consultant, its employees and their dependants of
such laws and regulations.
34.4 The Consultant shall treat all documents and information received in connection
with the contract as confidential in accordance with GCC Clause 3.
34.5 The Consultant shall obtain the Procuring and Disposing Entity’s prior approval
in writing before taking any of the following actions:
a) appointing any member of the Personnel that are not named in the Contract;
b) entering into a subcontract that is not specified in the Contract, for the
performance of any part of the Services, it being understood that the
Consultant shall remain fully liable for the performance of the Services by the
Sub-contractor and its Personnel pursuant to the Contract;
(c) any other action that may be specified in the SCC.
35 Eligibility
35.1 The Consultant and its Subcontractors shall have the nationality of an eligible
country. A Consultant or Subcontractor shall be deemed to have the nationality of
a country if it is a citizen or constituted, incorporated, or registered, and operates
in conformity with the provisions of the laws of that country.
35.2 The Consultant and its Sub-contractors shall provide Personnel who shall be
citizens of eligible countries.
36 Joint Venture, Consortium or Association
36.1 Unless otherwise specified in the SCC, if the Consultant is a joint venture,
consortium, or association, all of the parties shall be jointly and severally liable to
the Procuring and Disposing Entity for the fulfilment of the provisions of the
Contract. The joint venture, consortium, or association shall designate one party
to act as the Member in Charge with authority to bind the joint venture,
consortium, or association and to act on their behalf in exercising all the
Consultant’s rights and obligations towards the Procuring and Disposing Entity
under the Contract, including without limitation the receiving of instructions and
payments from the Procuring and Disposing Entity.
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36.2 The composition or the constitution of the joint venture, consortium, or

association shall not be altered without the prior consent of the Procuring and
Disposing Entity. Any alteration of the composition of the joint venture,
consortium or association without the prior written consent of the Procuring and
Disposing Entity shall be considered to be a breach of contract.
37 Code of Conduct
37.1 The Consultant shall at all times act loyally and impartially and as a faithful adviser
to the Procuring and Disposing Entity in accordance with the rules and/or codes
of conduct of its profession. It shall, in particular, refrain from making any public
statements concerning the Services without the prior approval of the Procuring
and Disposing Entity, and from engaging in any activity which conflicts with its
obligations towards the Procuring and Disposing Entity under the contract. It shall
not commit the Procuring and Disposing Entity in any way whatsoever without its
prior written consent, and shall, where appropriate, make this obligation clear to
third parties.
37.2 For the period of execution of the contract, the Consultant and its personnel shall
respect human rights and undertake not to offend the political, cultural and
religious practices prevailing in Uganda.
38 Conflict of Interests
38.1 The Consultant shall refrain from any relationship which would compromise its
independence or that of its Personnel. If the Consultant fails to maintain such
independence the Procuring and Disposing Entity may terminate the contract in
accordance with the provision contained in the GCC Clause 15.
38.2 The Consultant shall after the conclusion or termination of the Contract, be limited
in its role in connection with the project and shall not be permitted any further
involvement in the provision or procurement of works, supplies or further
Services other than a continuation of the Services, for any project resulting from
or closely related to the Services.
38.3 The Consultant shall not engage, and shall cause their Personnel and
Subcontractors not to engage, either directly or indirectly, in any of the following
activities:
a) during the term of the Contract, any business or professional activities in
Uganda which would conflict with the activities assigned to them under the
Contract; and
b) after the termination of the Contract, such other activities as may be specified
in the SCC.
38.4 The payments to the Consultant under the contract shall constitute the only
income or benefit it may derive in connection with the contract and neither it nor
its personnel shall accept any commission, discount, allowance, indirect payment
or other consideration in connection with, or in relation to, or in discharge of, its
obligations under the contract.
38.5 The Consultant shall not have the benefit, whether directly or indirectly, of any
royalty, gratuity or commission in respect of any patented or protected article or
process used in or for the purposes of the contract or the project, without the prior
written approval of the Procuring and Disposing Entity.
39 Indemnification
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39.1 At its own expense, the Consultant shall indemnify, protect and defend, the
Procuring and Disposing Entity, its agents and employees, from and against all
actions, claims, losses or damage arising from any act or omission by the
Consultant in the performance of the Services, including any violation of any legal
provisions, or rights of third parties, in respect of patents, trade marks and other
forms of intellectual property such as copyrights.
39.2 At its own expense, the Consultant shall indemnify, protect and defend the
Procuring and Disposing Entity, its agents and employees, from and against all
actions, claims, losses or damages arising out of the Consultant’s failure to
perform its obligations provided that:
(a) the Consultant is notified of such actions, claims, losses or damages not later
than 30 days after the Procuring and Disposing Entity becomes aware of
them;
(b) the ceiling on the Consultant’s liability shall be limited to an amount equal to
the contract value, but such ceiling shall not apply to actions, claims, losses or
damages caused by the Consultant’s wilful misconduct;
(c) the Consultant’s liability shall be limited to actions, claims, losses or damages
directly caused by such failure to perform its obligations under the contract
and shall not include liability arising from unforeseeable occurrences
incidental or indirectly consequential to such failure.
39.3 The aggregate liability of the Consultant to the Procuring and Disposing Entity
shall not exceed the total contract value or such other amount specified in the SCC.
39.4 The Consultant shall have no liability whatsoever for actions, claims, losses or
damages occasioned by:
a) the Procuring and Disposing Entity omitting to act on any recommendation,
or overriding any act, decision or recommendation, of the Consultant, or
requiring the Consultant to implement a decision or recommendation with
which the Consultant disagrees or on which it expresses a serious reservation;
or
b) the improper execution of the Consultant’s instructions by agents, employees
or independent contractors of the Procuring and Disposing Entity.
39.5 The Consultant shall remain responsible for any breach of its obligations under
the contract for such period after the Services have been performed as may be
determined by the law governing the contract.
40 Insurance to be taken out by the Consultant
40.1 The Consultant shall take out, maintain and shall cause any Sub-contractors to
take out and maintain, at their own cost insurance coverage against the risks and
on terms and conditions approved by the Procuring and Disposing Entity as shall
be specified in the SCC.
40.2 The Consultant shall at the Procuring and Disposing Entity’s request, provide
evidence to the Procuring and Disposing Entity showing that such insurance has
been taken out and maintained.
41 Accounting, Inspection and Auditing
The Consultant shall keep accurate and systematic accounts and records in
respect of the Services hereunder, in accordance with internationally accepted

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accounting principles and in such form and detail as will clearly identify all
relevant time charges and costs.
F Performance of the Services
42 Scope of Services
42.1 The Services to be provided shall be as specified in the Statement of Requirements
in the Contract.
42.2 The Services shall be performed at such locations as are specified in the Contract
and, where the location of a particular task is not so specified, at such locations,
whether in Uganda or elsewhere, as the Procuring and Disposing Entity may
approve.
43 Specifications and Designs
43.1 The Consultant shall prepare all specifications and designs using accepted and
generally recognised systems acceptable to the Procuring and Disposing Entity and
taking into account the latest design criteria.
43.2 The Consultant shall ensure that any specifications and designs and all
documentation relating to procurement of Works, Supplies and Services are
prepared on an impartial basis so as to promote competitive tendering.
44 Property of Deliverables
44.1 All reports and data such as maps, diagrams, drawings, plans, designs, specifications,
calculations and software containing data and information compiled, prepared and
furnished by the Consultant for the Procuring and Disposing Entity under the
Contract shall become and remain the absolute property of the Procuring and
Disposing Entity. The Consultant shall deliver all such documents to the Procuring
and Disposing Entity on completion or termination of the Contract. The Consultant
may retain a copy of such reports, data and software and any restrictions about the
future use of such reports, data or software shall be specified in the SCC.
44.2 Equipment and materials made available to the Consultant, or purchased by the
Consultant with funds provided by the Procuring and Disposing Entity, shall be the
property of the Procuring and Disposing Entity. Upon completion of the Contract,
the Consultant shall make available an inventory of such items and shall dispose of
such equipment and materials in accordance with the Procuring and Disposing
Entity’s instructions. While in possession of such equipment and materials, the
Consultant shall ensure the items are insured at the expense of the Procuring and
Disposing Entity in an amount equal to their full replacement value.
45 Extensions of Time
45.1 If at any time during performance of the Contract, the Consultant or its
subcontractors should encounter conditions impeding timely completion of Services
pursuant to GCC Clause 13, the Consultant shall promptly notify the Procuring and
Disposing Entity in writing of the delay, its likely duration, and its cause. As soon as
practicable after receipt of the Consultant’s notice, the Procuring and Disposing
Entity may at its discretion extend the Consultant’s time for performance, in which
case the extension shall be ratified by the parties by amendment of the Contract.
46 Consultant’s Personnel

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46.1 The Consultant shall employ and provide such qualified and experienced Personnel
and Sub-contractors as are required to carry out the Services. The Consultant shall
be responsible for the quality of the Personnel.
46.2 If required by the Contract, the Consultant shall ensure that a resident project
manager, acceptable to the Procuring and Disposing Entity, takes charge of the
performance of the Services.
46.3 The Services shall be carried out by the Personnel specified in the Contract for the
period of time indicated therein. The title, job description, and estimated period of
engagement of each of the Consultant’s Key Personnel shall be listed in the Contract.
46.4 The Key Personnel and Sub-contractors listed by title/position and by name in the
Contract are hereby approved by the Procuring and Disposing Entity. In respect of
other Key Personnel which the Consultant proposes to use in the carrying out of the
Services, the Consultant shall submit to the Procuring and Disposing Entity for
review and approval a copy of their biographical data. If the Procuring and
Disposing Entity does not object in writing stating the reasons for the objection,
within twenty-one days from the date of receipt of such biographical data, such Key
Personnel shall be deemed to have been approved by the Procuring and Disposing
Entity.
46.5 The Consultant may with the prior approval of the Procuring and Disposing Entity
make minor adjustments to the periods of input for Key Personnel as may be
appropriate to ensure the efficient performance of the Services, provided that such
adjustments do not cause the payments made under the contract to exceed the
Contract Price.
46.6 Adjustments with respect to the periods of engagement of Key Personnel which shall
cause the total contract payments to exceed the Contract Price shall only be made
with the Procuring and Disposing Entity’s written approval.
46.7 If additional work is required beyond the Statement of Requirements specified in
the Contract, the estimated periods of engagement of Key Personnel set forth in the
Contract may be increased by agreement in writing between the Procuring and
Disposing Entity and the Consultant, provided that any such increase shall not,
except as otherwise agreed in writing, cause payments under the Contract to exceed
the Contract Price specified in the Agreement.
47 Working Hours of the Personnel
47.1 Working hours and holidays for Key Personnel are set forth in the Contract. To
account for travel time, foreign Personnel carrying out Services inside Uganda shall
be deemed to have commenced or finished work in respect of the Services such
number of days before their arrival in or after their departure from Uganda.
47.2 The Key Personnel shall not be entitled to be paid for overtime nor to take paid sick
leave or vacation leave unless otherwise specified in the SCC. Except as specified in
the Contract, the Consultant’s remuneration shall be deemed to cover these items.
All leave to be allowed to the Personnel is included in the staff-months of service set
forth in the Contract. Any taking of leave by Personnel shall be subject to the prior
approval by the Consultant who shall ensure that absence for leave purposes will
not delay the progress and adequate supervision of the Services.
48 Replacement of Personnel

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48.1 The Consultant shall not make changes in the Personnel without the prior written
approval of the Procuring and Disposing Entity. The Consultant must on its own
initiative propose a replacement in the following cases:
a) in the event of death, illness for an extended period or in the event of
accident of a member of Personnel.
b) if it becomes necessary to replace a member of Personnel for any other
reasons beyond the Consultant’s control (e.g. resignation, etc.).
48.2 The Procuring and Disposing Entity may request a replacement with a written and
justified request if in the course of performance, it considers that a member of the
Personnel does not perform its duties satisfactorily under the contract.
48.3 Where a member of Personnel must be replaced, the replacement must possess at
least equivalent qualifications and experience, and the remuneration to be paid for
the replacement cannot exceed that paid for the member of Personnel who has been
replaced. Where the Consultant is unable to provide a replacement with equivalent
qualifications and/or experience, the Procuring and Disposing Entity may either
decide to terminate the contract, if the proper performance of it is jeopardised, or, if
it considers that this is not the case, accept a replacement with lesser qualifications,
provided that the fees of the latter are reduced to reflect the appropriate
remuneration level.
48.4 Additional costs incurred in the replacement of Personnel are the responsibility of
the Consultant. Where the expert is not replaced immediately and it is some time
before the new expert takes up its functions, the Procuring and Disposing Entity may
ask the Consultant to assign to the project temporary personnel pending the arrival
of the new personnel, or to take other measures to compensate for the temporary
absence of the missing personnel. The Procuring and Disposing Entity shall make no
payment for the period associated with the Personnel’s absence while the position
is not filled.
49 Medical and Insurance arrangements
49.1 For the period of execution of the contract, the Consultant shall obtain medical
insurance for its Personnel. The Procuring and Disposing Entity shall be under no
liability in respect of the medical expenses of the Consultant.

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Part 3: Section 8 Special Conditions of Contract

Section 8. Special Conditions of Contract

The following Special Conditions of Contract (SCC) shall supplement the General
Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein shall
prevail over those in the GCC.
GCC clause Special Conditions of Contract
reference
The Procurement Reference Number is: UNOC/CONS/20-21/
00020
GCC 1.2 (e) The Eligible Countries are those listed in Section 5 of the Request for
Proposals Document.
GCC 4.1(f) Contract Documents: Other documents forming part of the
contract are:
a) Agreement,
b) Consultant’s technical and financial proposals
c) Special Conditions of Contract,
d) General Conditions of Contract,
e) Statement of Requirements
GCC 4.4 Authorised Representatives: The Authorised Representatives are:
for the Procuring and Disposing Entity: CHIEF EXECUTIVE OFFICER
UGANDA NATIONAL OIL COMPANY
for the Consultant: .........................
GCC 5.1 Law: The Contract shall be governed by the Laws of Uganda.
GCC 7.1 Notices: The addresses for Notices are:
for the Procuring and Disposing Entity:
Attention: Contract Manager (To be appointed by UNOC)
Street Address: Plot 15, Yusuf Lule Road, Nakasero, Kampala
Town/City: Kampala
PO Box: 36316
Country: Uganda
Tel. + 256 312 444 600

For the Consultant

Street Address: .........................
Floor/Room number: .........................
Town/City: .........................
P. O. Box No: .........................
Country: .........................
Telephone: .........................
Facsimile number: .........................
Email: .........................

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GCC clause Special Conditions of Contract

reference
GCC 8.1 Commencement: The Period within which the Services shall have
commenced is: Ten (10) working days
GCC 17.2 Dispute settlement: Dispute settlement shall be in accordance with
the Arbitration and Conciliation Act, Cap 4 Laws of Uganda.
GCC 18.1 Completion of the Services: The Period within which the Services
shall have been completed following commencement of the Services
is: Fourteen (14) calendar Months
GCC 21.2 Payment currencies: Payments shall be: Uganda Shillings
The exchange rate for purposes of payment shall be the Bank of
Uganda exchange rate prevailing at the time of financial proposal
opening
GCC 22.1 The Contract is: a Lump Sum Contract
GCC 24.1 Documentation for Payment: The following documentation shall
be required to support invoices requesting payments:
• A copy of the Agreement
• Invoice
• Contract Management reports

GCC 25.1 Payment Schedule: The payment schedule shall be as follows ;

1. 10% at Inception Report
2. 30% at Preliminary Design Report
3. 30% at Final Detailed Design Report
4. 20% at Final Bidding Documents
5. 10% at Bidding Process, Bid Evaluation and Consultancy
Completion Report
GCC 26.1 Advance Payment Guarantee: An Advance Payment Guarantee
shall not be required.
The period of validity of the Advance Payment Guarantee shall be:
Not Applicable
GCC 27.1 Payment Period: Payment shall be made by the Procuring and
Disposing Entity within thirty (30) working days of receipt and
certification of the invoice accompanied by supporting documents.
GCC 31.5 Additional provisions: The additional provisions for Personnel time
are: Not Applicable
GCC 32.1 Price variation: The Contract Price including the remuneration rates
is not subject to price variation for fluctuations in market, commodity,
or other variable rates.

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GCC clause Special Conditions of Contract

reference
GCC 33.1 Taxes and duties: The Consultant shall bear and pay all taxes, duties,
and levies imposed on the Consultant, by all municipal, state or
national government authorities:
GCC 34.5(c) The Procuring and Disposing Entity’s prior approval: The
Procuring and Disposing Entity’s prior approval is also required for:
Not Applicable.
GCC 36.1 Joint Venture requirements: The individuals or firms in a joint
venture, consortium or association shall be jointly and severally
liable. Not Applicable
GCC 38.3(b) Additional activities prohibited: The following activities are
prohibited:
GCC 39.3 Total Liability: The total liability under the Contract shall be the
total contract value.
GCC 40.1 Insurance taken out by Consultant: The risks and coverage shall
be:
(i) Employer’s liability and workers’ compensation
(ii) Professional liability
(iii) Loss or damage to equipment and property
(iv) Other
GCC 44.1 Restrictions on the use of Deliverables: The future use of
deliverables are restricted as follows: Shall apply.
GCC 47.2 Personnel entitlements: The Key Personnel shall be entitled to
payment for: Not Applicable

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Part 3: Section 9: Contract Forms

Section 9. Contract Forms

Table of Contract Forms

Agreement 102
Advance Payment Security 106

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Agreement
For Lump Sum/Time Based Contracts
This Agreement is made this…………. day of the month of ……………………… between
……………………… of ………………………………………….. (hereinafter called the “Procuring and
Disposing Entity”) and ……………………………………….. of …………… hereinafter called the
“Consultant”).
WHEREAS
(a) the Procuring and Disposing Entity has requested the Consultant to provide certain
consultancy services (hereinafter called the “Services”) as defined herein and
attached to this Contract;
(b)the Consultant having represented to the Procuring and Disposing Entity that it has
the required professional skills, personnel and technical resources, has agreed to
provide the Services on the terms and conditions set forth in this Contract.
NOW THEREFORE the parties hereto agree as follows:
1. The documents forming the Contract shall be as stated in and in the order of
priority stated in the General Conditions of Contract.
2. The mutual rights and obligations of the Procuring and Disposing Entity and the
Consultant shall be as set forth in the Contract, in particular:
(a) The Consultant shall carry out the Services in accordance with the
provisions of the Contract; and
(b) the Procuring and Disposing Entity shall pay the Consultant the Contract
Price of ____________________ or such other sum as may become payable under
the provisions of the Contract, at the times and in the manner prescribed
by the Contract.

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 by ___________________________ (Authorised Representative of the Procuring

and Disposing Entity)
Name: _______________________________ Position: ________________________

In the presence of:

Name: _______________________________ Position: ________________________

Signed by _____________________________ (Authorised Representative of the

Consultant)
Name: _______________________________ Position: ________________________

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In the presence of:

Name: _______________________________ Position: ________________________

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Appendices
APPENDIX A STATEMENT OF REQUIREMENTS
[Detailed descriptions of the Services to be provided, dates for completion of tasks,
location of tasks, etc.]
APPENDIX B KEY PERSONNEL AND SUB-CONTRACTOR
B.1 Team Composition – Technical/Managerial Staff: Names, (where available),
positions, assigned tasks and staff-months for each (Section 4 Table 4.1.5).
B.2 Team Composition – Support Staff [Names, where available], positions,
assigned tasks and staff-months for each. (Same as B.1 for Key foreign
Personnel to be assigned to work outside Uganda). (Section 4 Table 4.1.5)
B.3 List of Sub-contractors (where available); same information with respect to
their Personnel as in B.1.
B.4 List of Sub-contractors (where available); Same information as B.1 for Key
local Personnel.]
B.5 Time Schedule for Professional Staff (Section 4 Table 4.1.7). Specify working
hours, holidays and travel time, etc. in accordance with GC Clause 48.
APPENDIX C BREAKDOWN OF CONTRACT PRICE IN FOREIGN CURRENCY
[List here the elements of cost used to arrive at the breakdown of the lump-
sum price—foreign currency portion:
C.1 Breakdown of Contract Price (summarising the main elements of the contract
price detailing fees, reimbursables and miscellaneous expenses (Section 4
Table 4.2.2) :
C.2 Breakdown of Fees into the monthly rates for Personnel (Key Personnel and
other Personnel) (Section 4 Table 4.2.3).
C.3. Breakdown of Reimbursable (Section 4 Table 4.2.4)
C.4 Breakdown of Miscellaneous Expenses (Section 4 Table 4.2.5)
This appendix will exclusively be used for determining remuneration for
additional services.]
APPENDIX D BREAKDOWN OF CONTRACT PRICE IN UGANDA SHILLINGS
[List here the elements of cost used to arrive at the breakdown of the lump-sum
price—local currency portion:
D.1 Breakdown of Contract Price (summarising the main elements of the contract
price detailing fees, reimbursables and miscellaneous expenses (S. 4 Table 4.2.2)
D.2 Breakdown of Fees into the monthly rates for Personnel (Key Personnel and
other Personnel) (Section 4 Table 4.2.3).
D.3. Breakdown of Reimbursable expenditures (Section 4 Table 4.2.4)
D.4 Breakdown of Miscellaneous Expenses (Section 4 Table 4.2.5). This appendix
will exclusively be used for determining remuneration for additional services.

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[The Advance Payment Security should be on the letterhead of the issuing Financial Institution
and should be signed by a person with the proper authority to sign documents that are binding
on the Financial Institution]

Advance Payment Security

Date: [insert date (as day, month, and year) of Advance Payment Security]
Procurement Reference No.: [insert Procurement Reference number]
To: [insert complete name of Procuring and Disposing Entity]
In accordance with the payment provision included in the Contract, in relation to
advance payments, [insert complete name of Consultant] (hereinafter called “the
Consultant”) shall deposit with the Procuring and Disposing Entity a security consisting
of [indicate type of security], to guarantee its proper and faithful performance of the
obligations imposed by said Clause of the Contract, in the amount of [insert currency and
amount of guarantee in words and figures].
We, the undersigned [insert complete name of Guarantor], legally domiciled in [insert full
address of Guarantor] (hereinafter “the Guarantor”), as instructed by the Consultant,
agree unconditionally and irrevocably to guarantee as primary obligor and not as surety
merely, the payment to the Procuring and Disposing Entity on its first demand without
whatsoever right of objection on our part and without its first claim to the Consultant, in
the amount not exceeding [insert currency and amount of guarantee in words and figures].
This security shall remain valid and in full effect from the date of the advance payment
received by the Consultant under the Contract until [insert day and month], [insert year].
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication
No. 758, except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.

Name: [insert complete name of person signing the Security]

In the capacity of [insert legal capacity of person signing the Security]

Signed: [signature of person whose name and capacity are shown above]
Duly authorised to sign the Security for and on behalf of: [insert complete name of the
Financial Institution]
Dated on ____________ day of __________________, _______ [insert date of signing]

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