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THE UNITED REPUBLIC OF TANZANIA

TANROADS - MWANZA REGIONAL OFFICE

REQUEST FOR PROPOSAL

PROPOSAL NO.: TR36/016/2023/2024/C/01

FOR

Consultancy services for carrying out Feasibility Study, Environmental and Social Impact Assessment,
Detailed Design and Preparations of Tender Documents For Upgrading to Dual Carriageway of Usagara -
Kigongo (11.98KM), Busisi- Sengerema (28.59) and Sengerema- Ibanda KM (Geita/Mwanza BRD) roads
section to bitumen Standard

04/09/2023
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LIST OF ABBREVIATIONS
AQRB Architects and Quantity Surveyors Registration Board
Cap Chapter
CC Conditions of Contract
COI Conflict of Interest
CV Curriculum Vitae
ERB Engineers Registration Board
ES Environmental and Social
EOI Expression of Interests
FBS Fixed Based Selection
FIN Financial Form
FY Financial Year
GCC General Condition of Contracts
ICS International Competitive Selection
IFP Invitation for Pre-qualification
ITC Instruction to Consultants
JV Joint Venture
LCS Least Cost Selection
LOI Letter of Invitation
NCC National Construction Council
NCS National Competitive Selection
NeST National e-Procurement System of Tanzania
NIA Notice of Intention to Award
OAG Office of Attorney General
PE Procuring Entity
PPA Public Procurement Act, Cap 410
PPAA Public Procurement Appeals Authority
PPR Public Procurement Regulations
PPRA Public Procurement Regulatory Authority
QBS Quality Based Selection
QCBS Quality and Cost Based Selection
RFP Request for Proposal
SCC Special Conditions of Contracts
SEA Sexual Exploitation and Abuse
SH Sexual Harassment
SPD Standard Pre-qualification Document
SRFP Standard Request for Proposal
TECH Technical Form
TOR Terms of Reference

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PART I – SELECTION PROCEDURES AND REQUIREMENTS

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SECTION I: LETTER OF INVITATION

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THE UNITED REPUBLIC OF TANZANIA

TANROADS - MWANZA REGIONAL OFFICE

Proposal No. TR36/016/2023/2024/C/01

FOR

Consultancy services for carrying out Feasibility Study, Environmental and Social Impact Assessment, Detailed
Design and Preparations of Tender Documents For Upgrading to Dual Carriageway of Usagara - Kigongo
(11.98KM), Busisi- Sengerema (28.59) and Sengerema- Ibanda KM (Geita/Mwanza BRD) roads section to
bitumen Standard

04/09/2023

1. The Government of the United Republic of Tanzania has set aside funds for the operation of the
TANROADS - MWANZA REGIONAL OFFICE during the financial year 2023/2024. It is
intended that part of the proceeds of the fund will be used to cover eligible payments under the
contract for the Consultancy services for carrying out Feasibility Study, Environmental and Social
Impact Assessment, Detailed Design and Preparations of Tender Documents For Upgrading to
Dual Carriageway of Usagara - Kigongo (11.98KM), Busisi- Sengerema (28.59) and Sengerema-
Ibanda KM (Geita/Mwanza BRD) roads section to bitumen Standard.

2. The TANROADS - MWANZA REGIONAL OFFICE now invites eligible consultants to submit proposals for
the following consulting services: Consultancy services for carrying out Feasibility Study, Environmental and
Social Impact Assessment, Detailed Design and Preparations of Tender Documents For Upgrading to Dual
Carriageway of Usagara - Kigongo (11.98KM), Busisi- Sengerema (28.59) and Sengerema- Ibanda KM
(Geita/Mwanza BRD) roads section to bitumen Standard. Details of the services are provided in the Terms of
Reference.

3. This Request for Proposal (RFP) has been addressed to the following short-listed Consultants: i. M/s EDGE
Engineering and Consulting Ltd of P.o. Box 24520 Dar-es-Salaam;
Tel:+255763499997:Fax:+255783910014:Email:edgeecltd@gmail.com ii. M/s ENV consult Ltd of P. O. Box
31318, Dar Es Salaam; Tel: +255 22 2772209; Fax: +255 22 2773609, Email: info@envconsult-tanzania.com
iii. M/s Nimeta Consult (T) Ltd of P. O. Box 15651 Dar Es Salaam;
Tel:+25522183395;Fax:+255222184191;Email: nimeta@nimetaconsult.co.tz iv. M/s Advanced Engineering
Solutions Limited of P.o. Box 19074 Dar-es-Salaam Sub Consulting M/s Pai Consulting Engineers of P.o. Box
19074 Dar-es-salaam: Email: geraldmaregesi@aesl.co.tz v. M/s Howard Consulting Limited of P. O. Box 2555
Dar es Salaam; JV M/s Cordial Solutions Limited of P. O. Box 32442 Dar es Salaam; Tel:
+255222600545/7;Fax:+255222600158; Email: info@howardhumphreys.co.tz vi. M/s NIB – Plan Consult

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 Limited of P.o. Box 34773 Dar-es- Salaam vii. M/s NORPLAN (T) Ltd of P.o. Box 2820, Dar Es Salaam; Tel:
+255 22 2780183; Fax: +255 22 2781194; Email: admin@norplantz.org viii. M/s Crown Tech – Consult
Limited of P.o. Box 72877 Dar-es-Salaam ix. M/s Mhandisi Consultancy Limited of P.o. Box 12965 Dar es
Salaam in Joint Venture with M/s Luptan Consults Limited of P.o. Box 75476 Dar-es-Salaam x. M/s
Grandconsult Engineers and planners ltd of P.O BOX 35186 Dar es Salaam+255754222421 email
info@grandconsult.co.tz . It is not permissible to transfer this invitation to any other firm.

4. A firm will be selected under Quality and Least Cost Based Selection and procedures described in this RFP.

5. In addition to the Letter of Invitation, the RFP includes the following documents:
Section 2: Instructions to Consultants (ITC)
Section 3: Proposal Data Sheet (PDS)
Section 4: Technical Proposal – Standard Forms
Section 5: Financial Proposal – Standard Forms
Section 6: Eligible Countries
Section 7: Terms of Reference
Section 8: General Conditions of Contract (GCC)
Section 9: Special Conditions of Contract (SCC)
Section 10: Forms of Contract
Section 11: Appendices

6. Consultants are required to register on NeST and pay tender participation fee as indicated in the NeST to be
able to participate in this selection process.

7. Please inform the Procuring Entity through NeST, upon receipt of this LOI:
a) that you received the Letter of Invitation; and
b) whether you will submit a proposal alone or in association.

8. All Expression of Interests/Proposals must be properly filled in and submitted through NeST at or before 2:00 PM
on 25/09/2023. Proposals will be opened promptly thereafter through NeST.

REGIONAL MANAGER
p.o.box 1410 mwanza

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SECTION 2: INSTRUCTIONS TO CONSULTANTS

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A. General and Specific Instructions
Instruction to ITC Description Clause
Consultants (ITC) Sub-
Clause

1.1 The Procuring Entity (PE), as indicated in the Proposal Data Sheet (PDS),
1. Scope of issues this Request for Proposal (RFP) for the provision of Consulting
Proposal, Services as specified in the PDS and described in detail in Section 7 [Terms
Selection of Reference] in accordance with the method of selection specified in the
PDS.
Method, and
Interpretation
1.2 Only the short-listed Consultants indicated in the Letter of Invitation are to
submit a Proposal for the provision of Consulting Services required for the
assignment. The Proposal will be the basis for contract negotiations and
ultimately for a signed Contract with the selected Consultant.
1.3 The successful Consultant will be expected to complete the delivery of the
Services in accordance with the phasing indicated in the PDS. When the
assignment includes several phases, the performance of the Consultant under
each phase must be to the PE’s satisfaction before the commencement of the
next phase.
1.4 Throughout this RFP:
(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) “Act” means the Public Procurement Act, Cap 410.
(d) “Affiliate(s)” means an individual or an entity that directly or indirectly
controls, is controlled by, or is under common control with the
Consultant.

(e) “Applicable Law” means the laws of Tanzania.

(f) “Authority” means Public Procurement Regulatory Authority.

(g) “Client” means the Procuring Entity (PE) that signs the Contract for the
services with the selected Consultant.

(h) “Consultant” means an individual expert or legally-established

professional consulting firm or an entity that may provide or provides
the services to the Client under the Contract.

(i) “Contract” means a legally binding written agreement signed between

the PE and the Consultant and includes all the attached documents
listed in its Clause 1, the General Conditions of Contract (GCC), the
Special Conditions of Contract (SCC), and the Appendices.

(j) “Day” means a calendar day.

(k) “ES” means environmental and social (including Sexual Exploitation and
Abuse (SEA) and Sexual Harassment (SH)).

(l) “Experts” means, collectively, Key Experts, Non-Key Experts, or any

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

(m) “Joint Venture (JV)” means an association with or without a legal

personality distinct from that of its members, of more than one
Consultant where one member has the authority to conduct all

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 business for and on behalf of any and all the members of the JV, and
where the members of the JV are jointly and severally liable to the
Client for the performance of the Contract.

(n) “Key Expert(s)” means an individual professional whose skills,

qualifications, knowledge and experience are critical to the
performance of the Services under the Contract and whose CV is
taken into account in the technical evaluation of the Consultant’s
proposal.

(o) “ITC” (this Section 2 of the RFP) means the Instructions to Consultants
that provides the shortlisted Consultants with all information needed
to prepare their Proposals.

(p) “JVCA” means a joint venture, consortium, or association

(q) “LOI” (this Section 1 of the RFP) means the Letter of Invitation being
sent by the Client to the shortlisted Consultants.

(r) “Non-Key Expert(s)” means an individual professional provided by the

Consultant or its Sub-consultant and who is assigned to perform the
Services or any part thereof under the Contract and whose CVs are
not evaluated individually.

(s) “Proposal” means the Technical Proposal and the Financial Proposal of
the Consultant.

(t) “Proposal Data Sheet (PDS)” means an integral part of the Instructions
to Consultants (ITC) Section 3 that is used to reflect assignment
conditions to supplement, but not to over-write, the provisions of the
ITC.

(u) “RFP” means the Request for Proposals to be prepared by the Client for
the selection of Consultants, based on the SRFP.

(v) “Services” means the work to be performed by the Consultant pursuant

to the Contract.

(w) Sexual Exploitation and Abuse” “(SEA)” means the following:

Sexual Exploitation is defined as any actual or attempted abuse of

position of vulnerability, differential power or trust, for sexual
purposes, including, but not limited to, profiting monetarily, socially or
politically from the sexual exploitation of another.

Sexual Abuse is defined as the actual or threatened physical intrusion

of a sexual nature, whether by force or under unequal or coercive
conditions.

(x) “Sexual Harassment” “(SH)” is defined as unwelcome sexual advances,

requests for sexual favors, and other verbal or physical conduct of a
sexual nature by the Experts with other Experts, Contractor’s (if
applicable) or Client’s Personnel.

(y) “SRFP” means the Standard Request for Proposals, which must be used
by the Client as the basis for the preparation of the RFP.

(z) “Sub-consultant” means an entity to whom the Consultant intends to

subcontract any part of the Services while remaining responsible to
the Client during the performance of the Contract.

(aa)“TORs” (Section 7 of the SRFP) means the Terms of Reference that

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

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2. Source of Funds 2.1 The PE has allocated public funds as indicated in the PDS and intends to apply a
portion of the funds to eligible payments under the contract for which this RFP
is issued.

2.2 For the purpose of this provision, “public funds” means monetary resources
appropriated to PEs as defined in the Public Procurement Act, Cap 410.

2.3 Payments by the development partner, if so indicated in the PDS, will be made
only at the request of the Government and upon approval by the development
partner in accordance with the applicable Loan/Credit/Grant Agreement, and
will be subject in all respects to the terms and conditions of that Agreement.

3. Corrupt, 3.1 The Government requires that PE, as well as Consultants, to observe the highest
standard of ethics during the implementation of the procurement proceedings and
Fraudulent, the execution of contracts under public funds.
Collusive or
Coercive
Practices 3.2 In pursuance of this requirement, the PE shall
(a) exclude the Consultant from participation in the procurement proceedings
concerned or reject a proposal for award; and
(b) declare the Consultant ineligible for a stated period of time, from
participation in procurement proceedings under public fund;
if it, at any time, determines that the Consultant has, directly or through an
agent, engaged in corrupt, fraudulent, obstructive, collusive, coercive practices
in competing for, or in executing, a contract under public fund.

3.3 Should any corrupt, fraudulent, obstructive, or coercive practices of any kind
referred to in ITC 3.4 come to the knowledge of the PE, it shall, in the first place,
allow the Consultant to provide an explanation and shall, take actions as stated in
ITC 3.2 only when a satisfactory explanation is not received. Such exclusion and
the reasons thereof, shall be recorded in the record of the procurement
proceedings and promptly communicated to the Consultant concerned. Any
communications between the Consultant and the PE related to matters of alleged
fraud or corruption shall be in writing or in electronic forms that provide record
of the content of the communication.

3.4 The Government defines, for the purposes of this provision, the terms set forth
below as follows:
(a) “corrupt practice” means the offering, giving receiving or soliciting of
anything of value to influence the action of a public officer in the
procurement process or contract execution;
(b) “fraudulent practice” means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Government or a public body and includes collusive
practices among consultants, prior to or after submission designed to
establish prices at artificial non-competitive levels and to deprive the
Government of the benefits of free and open competition;
(c) “obstructive practice” means acts intended to materially impede access to
required information in exercising a duty under the Act;
(d) “coercive practice” means impairing or harming, or threatening to impair or
harm directly or indirectly, any party or the property of the party for the
purpose of influencing improperly the action or that party in connection
with public procurement or in furtherance of corrupt practice or fraudulent
practice; and
(e) “collusive practice” means an arrangement between two or more parties
designed to achieve an improper purpose, including to influence
improperly the action of another party.

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 3.5 The Consultant shall be aware of the provisions on fraud and corruption stated in
GCC3 [Corrupt, Fraudulent or Coercive Practices] and GCC66.3 [Termination
for Default].

3.6 The Consultant’s and the PE’s personnel have an equal obligation not to solicit,
ask for and/or use coercive methods to obtain personal benefits in connection
with the said proceedings.

4. Eligible 4.1 Only short-listed Consultants are eligible to submit proposals. In the case of a
JVCA, all members shall be jointly and severally liable for the execution of the
Consultants Contract in accordance with the Contract terms. The JVCA shall nominate a
Lead Member who shall have the authority to conduct all business for and on
behalf of any and all the members of the JVCA during the selection process
and, in the event the JVCA is awarded the Contract, during contract execution.
The Lead Member shall at the time of contract award confirm the appointment
by submission of a Power of Attorney to the PE.

4.2 Any proposal from a JVCA shall indicate the part of proposed contract to be
performed by each party and each party shall be evaluated or post qualified with
respect to its contribution only and the responsibilities of each party shall not be
substantially altered without prior written approval of the PE.

4.3 The Consultant shall not be under a declaration of ineligibility for corrupt,
fraudulent or coercive practices in accordance with ITC3 [Corrupt, Fraudulent,
Coercive and Collusive Practices].

4.4 Government or semi-public agencies in the United Republic of Tanzania may

participate only if they are legally and financially autonomous, if they operate
under commercial law, are registered by the relevant registration board or
authorities and if they are not a dependent agency of the Government.

4.5 Foreign firms competing to be awarded non-emergency consultancy

assignments whether by tender or any other means recognized in Public
Procurement Act Cap 410 shall be required to include local experts and firms in
their teams. Appropriate weights shall be assigned by PE in the PDS so that they
are used during evaluation.

4.6 Consultants may be ineligible if –

(a) such person or firm is declared bankrupt or, in the case of company or
Consultant insolvent;
(b) payments in favour of the person, company or Consultant is suspended in
accordance with the judgment of a court of law other than a judgment
declaring bankruptcy and resulting, in accordance with the national
laws, in the total or partial loss of the right to administer and dispose of
its property;
(c) legal proceedings are instituted against such person, company or
Consultant involving an order suspending payments and which may
result, in accordance with the national laws, in a declaration of
bankruptcy or in any other situation entailing the total or partial loss of
the right to administer and dispose of the property;
(d) the person, company or Consultant is convicted, by a final judgment, of
any offence involving professional conduct;
(e) the person or Consultant is debarred and blacklisted in accordance with
Public Procurement Act from participating in public procurement for
corrupt, coercive, fraudulent, collusive or obstructive practices, breach
of a procurement contract, failure to abide with Bid Securing
Declaration and making false representation about his qualifications
during selection proceeding or other grounds as may be deemed
necessary by the Authority;

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 (f) Company or Consultant is found guilty of serious misrepresentation with
regard to information required for participation to submit proposals; or
(g) the Consultant is from an ineligible country as specified under Section VI
[Ineligible countries] of this tendering document.

4.6 The Consultant has fulfilled its obligations to pay taxes and social security
contributions under the relevant national laws and regulations.

4.7 Government officials and civil servants, including persons of autonomous

bodies or corporations may be hired to work as a member of a team of
consultants provided the person (a) is on leave of absence without pay; (b) is not
being hired by the PE he/she was working for immediately prior to going on
leave; and (c) the hiring of him/her would not create any conflict of interest.

4.8 Consultants have an obligation to disclose any situation of actual or potential

conflict of interest that impacts on their capacity to serve the best interest of the
PE, or that may reasonably be perceived as having this effect. Failure to disclose
such situations may lead to the disqualification of the Consultant or the
termination of its Contract.

5. Conflict of 5.1 General

Interest The Consultant (including any of his affiliates/associates), in reference to the
requirements that the Consultant provides professional and objective advice and
at all times hold the PE’s interests paramount, strictly avoids conflicts with other
assignments or their own corporate interests, acts without any consideration for
future work and must not have a conflict of interest (COI), shall not be recruited
under any of the circumstances specified in ITC 5.2 to 5.4 below. “COI” shall
mean a situation in which a Consultant provides biased professional advice to a
PE in order to obtain from that PE an undue benefit for himself or
affiliate(s)/associate(s).

5.2 Conflicting Activities

A firm that has been engaged by the PE to provide Services, works or services
other than consulting services for a project, and any of its affiliates, shall be
disqualified from providing consulting services related to those Services, works,
or services. Conversely, a firm hired to provide consulting services for the
preparation or implementation of a project, and any of its affiliates, shall be
disqualified from subsequently providing Services or works or services other
than consulting services resulting from or directly related to the firm’s earlier
consulting services. For the purpose of this clause, services other than consulting
services are defined as those leading to a measurable physical output, for
example surveys, exploratory drilling, aerial photography, and satellite imagery.

5.3 Conflicting Assignments

A Consultant (including its Personnel and Sub-Consultants) or any of its
affiliates shall not be hired for any assignment that, by its nature, may be in
conflict with another assignment of the Consultant to be executed for the same
or for another PE. For example, a Consultant hired to prepare engineering design
for an infrastructure project shall not be engaged to prepare an independent
environmental assessment for the same project, and a Consultant assisting a PE
in the privatization of public assets shall not purchase, nor advise PEs of, such
assets. Similarly, a Consultant hired to prepare Terms of Reference for an
assignment shall not be hired for the assignment in question.

5.4 Conflicting Relationships

A Consultant (including its Personnel and Sub Consultants) that has a business
or family relationship with a member of the PE’s staff may not be awarded a
Contract, unless the conflict stemming from this relationship has been addressed
adequately throughout the selection process and the execution of the Contract.

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 5.5 Unfair Competitive Advantage
Fairness and transparency in the selection process require that the Consultants or
their Affiliates competing for a specific assignment do not derive a competitive
advantage from having provided consulting services related to the assignment in
question. To that end, the PE shall indicate in the PDS and make available to all
shortlisted Consultants together with this RFP all information that would in that
respect give such Consultant any unfair competitive advantage over competing
Consultants.

6. Eligible Services 6.1 All material, equipment and supplies used by the Consultant and Services to be
provided under the contract shall have their origin in countries other than those
specified in the PDS.

7. Site Visit 7.1 The Consultant, at the Consultant’s own responsibility, cost and risk, is
encouraged to visit and examine the Site and obtain all information that may be
necessary for preparing the Proposal and entering into a contract for Provision of
Services.

7.2 The Consultant should ensure that the PE is advised of the visit in adequate time
to allow it to make appropriate arrangements.

7.3 If specified in PDS, the Consultant’s designated representative is invited to

attend a site visit which, if convened, will take place at a place and on the date
and time specified in the PDS. Unless specified in the PDS, non- attendance at
the site visit will not be a cause for disqualification of a Consultant.

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B. Request for Proposal
In addition to the Letter of Invitation, the RFP includes the following
8. RFP Sections 8.1
documents:
PART 1 SELECTION PROCEDURE AND PROCURING ENTITY’S
REQUIREMENTS
Section 2: Instructions to Consultants (ITC)
Section 3: Proposal Data Sheet (PDS)
Section 4: Technical Proposal – Standard Forms
Section 5: Financial Proposal – Standard Forms
Section 6: Eligible Countries
Section 7: Terms of Reference (TOR)
PART 2: CONDITIONS OF CONTRACT AND CONTRACT
FORMS
Section 8: General Conditions of Contract (GCC)
Section 9: Special Conditions of Contract (SCC)
Section 10: Contract Forms
Section 11: Appendices
8.2 The PE shall not be responsible for the completeness or incompleteness of the
RFP and any addenda if they were not obtained directly from NeST.

8.3 The Consultant is expected to examine all instructions, forms, terms, and
provisions in the RFP. Failure to furnish all information or documentation
required by the RFP may result in the rejection of the Proposal

9. RFP Clarification 9.1 A prospective Consultant requiring any clarification of the RFP may notify the
PE through NeST not later than seven (7) calendar days prior to the deadline for
the submission of Proposals.

9.2 The PE shall within three (3) working days after receiving the request for
clarification respond and publish through NeST provided that such request is
received within time prescribed in ITC 9.1. The response shall include a
description of the enquiry but without identifying its source.

9.3 Should the PE deem necessary to amend the RFP as a result of a clarification, it
shall do so following the procedure in ITC 11 [RFP Amendment].
10.1 To clarify issues and to answer questions on any matter arising in the RFP, the
10. Pre-proposal meeting.
PE may, if stated in the PDS, invite prospective Consultants to a Pre-Proposal
Meeting at the place, date and time as specified in the PDS. The Consultant is
encouraged to attend the meeting if it is held.
10.2 The Consultant may submit questions if any through NeST to reach the PE
before the pre-proposal meeting. PE may respond to questions during the
meeting, however, all questions raised and their responses will be transmitted
in accordance with ITC 10.3.
10.3 Minutes of the pre-proposal meeting, if applicable, including questions raised
by the Consultants without identifying the source and the responses given,
together with any responses prepared after the meeting will be transmitted
within three (3) working days to all short-listed Consultants through NeST.
Any modification to the RFP Sections listed in ITC 8 [RFP Sections] that
11. RFP Amendment
11.1 may become necessary as a result of the pre-Proposal meeting shall be
made by the PE exclusively through the issue of an Addendum pursuant
to this clause and not through the minutes of the Pre-Proposal meeting.
11.2 At any time prior to the deadline for submission of Proposals, the PE, for any
reason on its own initiative or in response to a clarification request from a
Consultant, may amend the RFP by issuing an addendum.
11.3 Any addendum including the notice of any extension of the deadline issued
shall be the part of the RFP and shall be communicated through NeST to all the
short-listed Consultants.
11.4 In order to allow prospective Consultants reasonable time to take an addendum
into account in preparing their Proposals, the PE at its discretion may extend
the deadline for the submission of Proposals, pursuant to ITC 28 [Proposal

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 Submission Deadline].
11.5 Where PE decides to extend the submission date, the notice of any extension of
the deadline shall be given promptly through NeST to Consultants to which the
PE issued the RFP.

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C. Proposal Preparation
12.1 A short-listed Consultant, including its affiliate(s), may submit only one (1)
12. Only one Proposal
Proposal. If a Consultant submits or participates in more than one (1)
Proposal, all such proposals shall be rejected. This does not, however,
preclude a sub-consultant, or the Consultant’s Staff from participating as
Key Experts and Non-Key Experts in more than one proposal when
circumstances justify and if stated in the PDS.
13.1 The Consultant shall bear all costs associated with the preparation and
13. Costs of Preparation
submission of its Proposal, and the PE shall not be responsible or liable for
of Proposal
those costs, regardless of the conduct or outcome of the procurement
process
14.1 The Proposal, as well as all correspondences and documents relating to the
14. Proposal:
Proposal and subsequent Contract, shall be written in the English language
Language
unless specified otherwise in the PDS. Supporting documents and printed
literature furnished by the Consultant may be in another language provided
they are accompanied by an accurate translation of the relevant passages in
the English language or language specified in the PDS, in which case, for
purposes of interpretation of the Proposal, such translation shall govern.
14.2 The Consultant shall bear all costs of translation to the governing language
and all risks of the accuracy of such translation
15. Proposal: Documents 15.1 The Proposal prepared by the Consultant shall comprise the following:
(a) Technical Proposal;
(b) Financial Proposal;
(c) Documentary evidence establishing the Consultant’s eligibility; and
(d) Post-qualification Information; and
(e) Any other document required as stated in the PDS.
16.1 In preparing its Proposal, the Consultant shall examine in detail the
16. Proposal: Preparation
documents comprising the RFP. Material deficiencies in providing the
information requested may result in rejection of a proposal.

16.2 The Consultant shall prepare the Technical Proposal in accordance with
ITC 17 [Technical Proposal Preparation] and ITC 18 [Technical Proposal:
Format and Content] using the forms furnished in Section 4: Technical
Proposal; Standard Forms.
16.3 The Consultant shall prepare the Financial Proposal in accordance with ITC
19 [Financial Proposal Format and Content] and using the forms furnished
in Section 5: Financial Proposal; Standard Forms.
16.4 All the forms mentioned in ITC 18 [Technical Proposal: Format and
Content] and ITC 19 [Financial Proposal Format and Content] shall be
completed without any material changes and alterations to its format, filling
in all blank spaces with the information requested, failing which the
Proposal may be rejected as being incomplete.
17.Technical Proposal 17.1 While preparing the Technical Proposal, a Consultant must give particular
Preparation attention to the instructions provided in ITC 17.2 to 17.7 inclusive.

17.2 If a Consultant considers that it does not have all the expertise required for
the assignment, it may obtain that expertise by associating with other
Consultants or entities in a joint venture or sub consultancy as appropriate.
Association among the short-listed Consultants at the time of submission of
a proposal is not permitted, and the PE shall disqualify such proposal.
Association of other Consultants (not short listed) in a joint venture at the
time of submission of a proposal is only permitted with the prior permission
of the PE, which must be obtained prior to the submission of a proposal. A
short-listed Consultant associating with another firm, where that firm is a
sub consultant will not require prior permission of the PE. For such cases,
the Proposal shall be submitted in the name of the short-listed Consultant.
For such sub-consultancy (etc.), the Proposal should include a covering
letter signed by an authorized representative of the Consultant with full
authority to make legally binding contractual (and financial) commitments
on behalf of the Consultant, plus a copy of the agreement(s) with the sub-

16
 Consultant(s). Sub-consultancies (etc.) shall in no event relieve the short-
listed Consultant from any of its obligations, duties, responsibility or
liability under the Contract.

17.3 For Quality and Cost Based Selection (QCBS) or Least Cost Selection
(LCS) based assignments, the estimated number of Professional staff-
months is indicated in the PDS; however, the available budget shall not be
disclosed. The proposal shall be based on the number of Professional staff-
months estimated by the Consultant.

17.4 For Selection under a Fixed Budget (FBS), the available budget is given in
the PDS, and the Financial Proposal shall not exceed this budget, while the
estimated number of Professional staff-months shall not be disclosed.

17.5 Proposed professional staff shall have at least the qualification experience
indicated in the PDS, preferably working under conditions similar to
Tanzania. It is desirable that the majority of the key professional staff
proposed be permanent employees of the Consultant or has an extended and
stable working relationship with it.

17.6 Alternative experts shall not be proposed, and only one Curriculum Vitae
(CV) may be submitted for each position. The CV of the key staff shall be
signed by the CV holder and an authorized official of the Consultant.

18. Technical 18.1 The Technical Proposal shall provide the following information using the
Proposal: Format Technical Proposal Standard Forms through the system:
and Content
(a) Technical Proposal Submission Form in the format of a letter, duly
signed by an authorised signatory of the Consultant:
(b) giving a brief description of the
Consultant Organization and Experience
Consultant’s organization and an outline of recent experience of
the Consultant and, in the case of an association by each partner,
on assignments of a similar nature. For each assignment, the
outline should indicate the names of Sub-Consultants/Professional
staff/experts who participated, duration of the assignment, contract
amount, and the Consultant’s involvement. Information should be
provided only for those assignments for which the Consultant was
legally contracted by the PE as a corporation or as one of the
major firms within an association. Assignments completed by
individual Professional staff/experts working privately or through
other consulting firms cannot be claimed as the experience of the
Consultant, or that of the Consultant’s associates, but can be
claimed by the Professional staff/experts themselves in their CVs.
Consultants should be prepared to substantiate the claimed
experience if so requested by the PE.
(c) Comments and suggestions to the Terms of Reference:
indicating comments and suggestions that the Consultant may have
on the Terms of Reference to improve performance in carrying out
the assignment, any requirements for counterpart staff and
facilities including: administrative support, office space, local
transportation, equipment, or data, to be provided by the PE.
(d) A pproach, Methodology and Work Plan: indicating the
approach, methodology and work plan for performing the
assignment covering the following subjects: technical approach
and methodology, work plan, and organization and staffing
schedule. The work plan should be consistent with the Work
Schedule and Planning for deliverables and should be in the form
of a bar chart showing the timing proposed for each activity.
(e) Work Schedule and Planning for Deliverables
(f) Team Composition - list of proposed Professional staff team by area

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 of expertise, the position that would be assigned to each staff team
member, and their tasks. Estimates of the staff input (staff-months
of professionals) needed to carry out the assignment. The staff-
months input should be indicated separately for head office and
field activities.
(g) CVs of the Professional staff: being the CVs of the Professional
staff signed by the respective staff member and by the authorized
representative submitting the proposal.
(h) Code of Conduct of Experts (ES) Form.
(i) Proposal Securing Declaration.
(j) Standard Form for Power of Attorney.
(k) Anti-bribery Pledge.
(l) Plus, a detailed description of the proposed methodology, staffing,
and monitoring of training, if the PDS; specifies training as a
major component of the assignment.
(m) Any additional information that might be requested in the PDS;

18.2 The Technical Proposal shall not include any financial information.
19. Financial Proposal
19.1 The Financial Proposal shall provide the following information using the
Format and Content
Financial Proposal - Standard Forms (Section 5):
(a) Financial Proposal Submission Form in the format of a letter, duly
signed by an authorised signatory of the Consultant. Commissions
and gratuities, if any, paid or to be paid by Consultants and related
to the assignment will be listed in the form.
(b) Summary of Costs against staff remuneration, reimbursable expenses,
and the taxes;
(c) Breakdown of costs against staff remuneration;
(d) Breakdown of costs against reimbursable expenses. A sample list is
provided in the PDS;
(e) The estimate of the local taxes, duties, fees, levies and other charges
under the applicable law, on the Consultants, sub-Consultants and
their personnel.
If appropriate, all these costs should be broken down by activity.

20. Taxes 20.1 The Consultant may be subject to local taxes (such as: value added or sales
tax, social charges or income taxes on non-resident Foreign Personnel,
duties, fees, levies) on amounts payable by the Client under the Contract.
The PE will state in the PDS if the Consultant is subject to payment of any
local taxes. Any such amounts shall not be included in the Financial
Proposal as they will not be evaluated, but they will be discussed at contract
negotiations, and applicable amounts will be included in the Contract.

21. PE Inputs 21.1 The PE shall:

(a) provide at no cost to the Consultant the inputs and facilities specified
in the PDS;
(b) make available to the Consultant, relevant project data and reports at
the time of issuing the RFP; and
(c) assist the Consultant in obtaining relevant project data and reports
from other related departments/divisions, which will be required by
the Consultant to prepare the proposal.
22.1 Unless otherwise stated in PDS, alternative proposals shall not be
22. Alternative Proposals
considered. Where the RFP allows alternative proposals, a Consultant shall
quote the price for the fully compliant proposal and then, separately

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 indicate the adjustment in price that can be offered if the deviation or
alternative solution is accepted.
23. Proposal Prices 23.1 The Consultant shall indicate on the Financial Proposal the unit prices and
total price of the Services it proposes to provide under the contract.

23.2 Prices quoted by the Consultant shall be fixed but subject to variation,
under exceptional reasons, during negotiation under ITC 43 [Proposal:
Negotiation].

24. Proposal Currency 24.1 All prices shall be quoted in currency (ies) as stated in the PDS.

25. Proposal Validity 25.1 Proposals shall remain valid for the period specified in the PDS after the
and Proposal Proposal submission deadline date prescribed by the PE.
Securing
Declaration 25.2 Consultants shall maintain the availability of Professional staff/experts
nominated in the Proposal during the Proposal validity period. The PE will
make its best effort to complete negotiations within this period.

25.3 In exceptional circumstances, prior to the expiration of the original

Proposal validity period, the PE may request Consultants to extend the
period of validity of their Proposals. The request and the responses shall be
made through NeST. If a Consultant does not respond or refuse the request,
its Proposal shall no longer be considered in the procurement proceedings.
A Consultant agreeing to the request will not be required or permitted to
modify its Proposal.
25.4 If any of the Key Experts become unavailable for the extended validity
period, the Consultant shall provide a written adequate justification and
evidence satisfactory to the PE together with the substitution request. In
such case, a replacement Key Expert shall have equal or better
qualifications and experience than those of the originally proposed Key
Expert. The technical evaluation score, however, will remain to be based on
the evaluation of the CV of the original Key Expert.
25.5 If the Consultant fails to provide a replacement Key Expert with equal or
better qualifications, or if the provided reasons for the replacement or
justification are unacceptable to the PE, such Proposal will be rejected.
25.6 Pursuant to ITC 18 [Technical Proposal: Format and Content], unless
otherwise specified in the PDS the Consultant shall furnish as part of its
Proposal, a proposal security/securing declaration in the form(s) specified
in the PDS in the format provided in the system.
25.7 The Proposal Securing Declaration is required to protect the PE against the
risk of Consultant’s conduct which would warrant the security’s execution,
pursuant to sub clause 25.10.
25.8 Any Proposal not accompanied by a Proposal Securing Declaration in
accordance with sub clause 25.6 shall be rejected by the PE as non-
responsive.
25.9 The Proposal Securing Declaration of a JVCA must be in the name of the
JVCA submitting the Proposal.
25.10 A Consultant shall be suspended from being eligible for tendering in any
contract with the PE for the period of time indicated in the Proposal
Securing Declaration:

(a) if the Consultant withdraws its Proposal, except as provided in sub-

Clauses 25.3 or

(b) in the case of a successful Consultant, if the Consultant fails within

the specified time limit to

(i) sign the contract, or

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 (ii) furnish the required performance security

26. Proposal Format and 26.1 The Consultant shall prepare the Technical Proposal as described in ITC18
Signing [Technical Proposal: Format and Content] and the Financial Proposal as
described in ITC19 [Financial Proposal Format and Content].

26.2 The Proposals shall be signed by a person or persons duly authorized to

sign on behalf of the Consultant and the authorization documents shall be
submitted together with the proposal indicating the name and position of
each signatory in accordance to the requirements of the NeST, in a format
acceptable by NeST, preferably Portable Document Format (PDF). The
authorization shall be in the format provided in the system.

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D. Proposal Submission
All Proposals shall be submitted through NeST. Proposals submitted through
27. Proposal Submission 27.1
NeST shall be considered to be true and legal versions, duly authorized and
duly executed by the Consultant, and intended to have binding legal effect.
27.2 The Proposal shall bear e-signature or digital signatures for identity and
authentication purposes and the identity of the Consultant may be verified with
a follow-up due diligence process.
27.3 Proposals submitted through NeST shall be received in full prior to the closing
time, and within the buffer time provided in systems after the closing of
submission, and the Consultants shall receive an acknowledgment of receipt of
their proposals or any amendment through the system.
27.4 Consultants must ensure the integrity, completeness, and authenticity of their
submission; and in case of electronic records entered online and files
containing the proposal being unreadable for any reason, the proposal
submitted shall not be considered.

28.1 Proposals shall be received by the PE through NeST in a manner specified in

28. Proposal Submission
ITC 27.2 [Submission of Proposals] not later than the date and time specified in
Deadline
the NeST.
28.2 The PE may, in exceptional circumstances and at its discretion and before the
expiry of the submission deadline, extend the deadline for the submission of
Proposals by amending the RFP in accordance with ITC11 [RFP Amendment],
in which case all rights and obligations of the PE and Consultants previously
subject to the original deadline will thereafter be subject to the new deadline.
29.1 NeST does not allow a Consultant to submit its Proposals after the deadline for
29. Proposal Submitted
submission of Proposals in accordance with ITC 28 [Proposal Submission
Late
Deadline].
30.1 A Consultant may modify or substitute or withdraw its proposal after it has
30. Proposal
been submitted to the PE through NeST, provided that such modification or
Modification,
substitution or withdrawal is made prior to the deadline for submission of
Substitution or
proposals prescribed under ITC 28 [Proposal Submission Deadline]. Consultant
Withdrawal
shall receive an acknowledgment of receipt of any amendment of its submitted
proposal through the system.
30.2 No Proposal may be modified, substituted, or withdrawn after the deadline for
submission of Proposals as specified in ITC 28 [Proposal Submission
Deadline].

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E. Proposal Opening and Evaluation
31.1 The opening of the Technical Proposals shall be done by the system (NeST)
31. Technical Proposal automatically and opening records shall be made available in the appropriate
Opening section of the NeST.
A Consultant or any other person with interest in the proposal process can
access proposal opening records on the appropriate section of the NeST. No
Proposal shall be rejected at the proposal opening.
31.2 The PE shall not open the Financial Proposals at this stage and shall keep
these sealed and securely stored until these are opened at the time and
manner specified in ITC 37 [Financial Proposal Opening].
32.1 Information relating to the evaluation of Proposals and recommendations
32. Confidentiality concerning awards shall not be disclosed to the Consultants who submitted
the Proposals or to other persons not officially concerned with the process
until the winning firm has been notified that it has been awarded the
Contract. The undue use by any Consultant of confidential information
related to the process may result in the rejection of its Proposal and may be
subject to the provisions of the Government’s anti-fraud and corruption
policy.
32.2 The Evaluation Committee of Technical Proposals shall have no access to
the Financial Proposals until the technical evaluation is concluded and
approved by the PE.
33.1 The PE may, in writing, ask Consultants for clarification of their Technical
33. Proposal Proposals through NeST in order to facilitate the examination and evaluation
Clarification of Technical Proposals. The response shall be communicated through NeST
and no change in the substance of the Proposal shall be sought, offered or
permitted.
Following the opening of the Technical Proposals, and until the contract is
34. Contacting the 34.1
signed, no Consultant shall make any unsolicited communication to the PE.
Procuring Entity
Any effort by a Consultant to influence the PE in its decisions on the
34.2
examination, evaluation, and comparison of either the Technical or Financial
Proposals or contract award may result in the rejection of its Proposal.
During the evaluation of the Technical Proposals, the PE shall ascertain that
35. Examination of 35.1
no new Conflict of Interest [COI] situations have arisen since the Consultant
Conflict of Interest was short-listed. If the PE identifies a COI at this stage, it shall determine
Situation [COI] whether the specific conflict is substantive and take action by reducing the
scope of work of the assignment or rejecting the Technical Proposal.
If a Consultant or its affiliate is found to be in a COI situation during the
35.2
technical evaluation, the PE shall review the case and either disqualify the
Consultant or ask the Consultant to remove the conflict and its causes while
maintaining the transparency of the selection process, failing which the
Technical Proposal of the Consultant shall be rejected.
If a Consultant has been found to mislead the PE by neglecting to provide
35.3
information or by denying the existence of a COI situation, the Consultant’s
proposal shall be rejected.
36.1 The PE shall evaluate and rank the Technical Proposals on the basis of their
36. Proposal Technical responsiveness to the Terms of Reference, applying the evaluation criteria,
Evaluation sub criteria, and points system specified in ITC 36.2.

36.2
Technical Proposals shall be evaluated and ranked applying the
evaluation criteria, sub criteria, and point system indicated in Section for
Qualification and Evaluation Criteria.
36.3 Innovativeness will be appreciated, including workable suggestions that
could improve the quality/effectiveness of the assignment. In this regard,
unless the Consultant clearly states otherwise, it will be assumed by the PE
that work associated with implementation of any such improvements are

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 included in the inputs shown on the Consultant’s staffing schedule.
37.1 In the case of QCBS, FBS and LCS, after the technical evaluation is
37. Financial Proposal completed, the PE shall notify through NeST, those Consultants that have
Opening secured the minimum qualifying mark, indicating the date and time for
opening the Financial Proposals. The date of opening of financial proposals
shall be within seven (7) calendar days after the notification date and the
financial proposals shall be opened through NeST and opening records shall
be made available publicly in the appropriate section of the System. Where
all Consultants are qualified to have their financial proposals opened in the
case of QCBS or in the case LCS, the PE may fix shorter period for opening
of financial proposal subject to obtaining confirmation of the attendance of
all successful firms at the set date for opening.
37.2 In the Case of QBS, after the technical evaluation is completed, the PE shall
notify, through NeST, the Consultant that have secured the Maximum Score,
indicating the date and time for opening the Financial Proposals. The date of
opening of financial proposals shall be within three (3) working days after
the notification date and the financial proposals shall be opened through
NeST and opening records shall be made available publicly in the
appropriate section of the System.
37.3 The PE shall simultaneously notify those Consultants whose Technical
Proposals did not meet the minimum qualifying mark or were considered
non-responsive to the RFP, indicating that their Financial Proposals will not
be opened.
37.4 Financial Proposals shall be opened through NeST and the opening records
shall be made available publicly in the appropriate section of the System
after the Financial Proposals are opened.
38.1 The PE will review the detailed content of each Financial Proposal. During
38. Proposal: Financial the review, the PE will not be permitted to seek clarification or additional
Evaluation information from any Consultant who has submitted a Financial Proposal.

38.2 Financial Proposals will be reviewed to ensure completeness (i.e. whether

Consultants have costed all items of the corresponding Technical Proposal).
Activities and items described in Technical Proposal but not priced shall be
assumed to be included in the prices of other activities or items. The
evaluation shall include all local taxes, duties and other charges imposed
under the Applicable Law.
38.3 In case of QCBS, the lowest evaluated Financial Proposal (Fm) will be
given a financial score (Sf) of 100 points. The financial scores (Sf) of
the other Financial Proposals will be computed as indicated as
follows:
Sf = 100 x Fm / F, in which Sf is the financial score, Fm is
the lowest price and F the price of the proposal under
consideration.
39.1
39. Correction of Under Lump sum Contract, the Consultant is deemed to have included all
Arithmetical prices in the Financial Proposal, so neither arithmetical corrections nor price
Errors adjustments shall be made. The total price, net of taxes understood as per
Clause ITC 39.2 below, specified in the Financial Proposal (Form FIN-1)
shall be considered as the offered price.
39.2
The PE’s evaluation of the Consultant’s Financial Proposal shall exclude
taxes and duties in the Client’s country in accordance with the instructions in
the PDS.
40.1 Prices expressed in the various currencies shall be converted to a single
40. Conversion to currency as specified in the PDS in which they are payable to Tanzania
Single Currency Shilling using the selling rates of exchange issued by the Bank of Tanzania
prevailing on the date of tender opening.
41.1 In QCBS the Proposals will be ranked according to their combined technical
41. Proposal Combined (St) and financial (Sf) scores using the weights (T = the weight given to the
Evaluation Technical Proposal; P = the weight given to the Financial Proposal; T + P =

23
 1) indicated in the PDS: S = St x T% + Sf x P%. The firm achieving the
highest combined technical and financial score will be invited for
negotiation under ITC 43 [Proposal Negotiation].
41.2 In the case of Fixed-Budget Selection, the PE will select the firm that
submitted the highest ranked Technical Proposal with an evaluated price that
is within the budget. Proposals that exceed the indicated budget will be
rejected. The selected firm will be invited for negotiations under ITC 43
[Proposal: Negotiation].
41.3 In the case of the LCS, the PE will select the lowest proposal (“evaluated”
price) among those that passed the minimum technical score. The selected
firm will be invited for negotiations under ITC 43 [Proposal: Negotiation].

42. Post-qualification of 42.1 The PE shall conduct post-qualification to determine whether the Consultant
Consultants with the best-evaluated proposal has the capability, legal capacity and
resources to carry out the contract. The post-qualification shall verify,
validate, and ascertain all statements made and documents submitted by the
first ranked Consultant using non-discretionary criteria, as stated in the
Request for Proposal. The result of the post-qualification shall be embodied
in a formal report.

42.2 The criteria for post-qualification or due diligence shall

include-
(a) legal requirements: to verify, validate, and ascertain licenses,
certificates, permits, and agreements submitted by the consultant and
the fact that it is not included in any “blacklist”;
(b) technical requirements: to determine compliance of the consulting
services offered with the requirements specified in the request for
proposal including, where applicable verification and validation of the
Consultant’s stated competence and experience on similar contracts,
and the competence and experience of the Consultant’s key personnel
to be assigned to the consulting services;
(c) financial requirements: to verify, validate and ascertain the audited
financial statements of the Consultant and the financial proposal;
(d) knowledge of local working conditions;
(e) current commitments;
(f) litigation record; or
(g) any other relevant criteria as specified in the PDS.
Where the Financial Proposal of the lowest evaluated Consultant is
42.3 considered to be abnormally low, the PE shall perform price analysis as part
of the post-qualification. The following process shall apply:
(a) The PE may reject a proposal if the PE has determined that the price in
combination with other constituent elements of the proposal is
abnormally low in relation to the subject matter of the procurement
(scope of services) and raise concerns with the PE as to the ability of
the Consultant that presented that financial proposal to perform the
contract.
(b) Before rejecting an abnormally low financial proposal the PE shall
request the Consultant an explanation of the proposal or of those
parts which it considers contribute to the proposal being abnormally
low; take account of the evidence provided in response to a request in
writing or in electronic forms that provide record of the content of
communication; and subsequently verify the proposal or parts of the
proposal being abnormally low.
(c) The decision of the PE to reject a proposal and reasons for the decision
shall be recorded in the procurement proceedings and promptly
communicated to the Consultant concerned.
(d) The PE shall not incur liability solely by rejecting abnormally low

24
 financial proposal.
42.4 Where the first ranked Consultant does not meet the post-qualification
criteria; the proposal shall be rejected; and where applicable, post-
qualification shall be conducted to the next ranked Consultant.
43.1 Negotiations will be held at the address indicated in the PDS. The invited
43. Proposal: Consultant will, as a prerequisite for attendance at the negotiations, confirm
Negotiation availability of all Professional staff/experts and satisfy such other pre-
negotiation requirements as the PE may specify.
43.2 Proposal Negotiation: Technical
Negotiations will include a discussion of the Technical Proposal, the
proposed technical approach and methodology, work plan, and organization
and staffing, and any suggestions made by the Consultant to improve the
Terms of Reference. The PE and the Consultant will finalize the Terms of
Reference, staffing schedule, work schedule, logistics, and reporting. These
documents will then be incorporated in the Contract as “Description of
Services”. Special attention will be paid to clearly defining the inputs and
facilities required from the PE to ensure satisfactory implementation of the
assignment. The PE shall prepare minutes of negotiations which will be
signed by the PE and the Consultant.
43.3 Proposal Negotiation: Financial
The financial negotiations will reflect the agreed technical modifications in
the cost of the services. The financial negotiations may involve the
remuneration rates for staff and other proposed unit rates to suit the PEs
available budget commensurate with the market remuneration rates,
provided such reduction shall not make the proposal abnormally low in
accordance ITT 42.3 [Post-qualification of Consultants]. This provision is
not applicable for proposals invited under a FBS.
The financial negotiations will generally fine-tune the duration of experts’
inputs and quantities of reimbursable expenditure items may be increased or
decreased from the relevant amounts shown or agreed otherwise in the
Financial Proposal.

43.4 Availability of Professional staff/experts

Having selected the Consultant on the basis of, among other things, an
evaluation of proposed Professional staff/experts, the PE expects to
negotiate a Contract on the basis of the Professional staff/experts named in
the Proposal. Before contract negotiations, the PE will require assurances
that the Professional staff/experts will be actually available. The PE will not
consider substitutions during contract negotiations unless both parties agree
that undue delay in the selection process makes such substitution
unavoidable or for reasons such as death or medical incapacity. If this is not
the case and if it is established that Professional staff/experts were offered in
the proposal without confirming their availability, the firm may be
disqualified. Any proposed substitute shall have equivalent or better
qualifications and experience than the original candidate.
43.5 Proposal Negotiations: Conclusion
Negotiations will conclude with a review of the draft Contract. To complete
negotiations, the PE and the Consultant will initial the agreed Contract
Agreement. If negotiations fail, the PE will invite the Consultant whose
Proposal received the second highest score to negotiate a Contract, if this
fails the PE shall negotiate with the remaining responsive Consultants in
order of their relative ranking, subject to the right of the PE to reject all
proposals.

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F. Contract Award
44. Contract Award 44.1 After completing negotiations and prior to awarding of the contract, the PE
shall issue a Notice of Intention to Award (NIA) the contract in the format
provided in Section 10 [Contract Forms]. The NIA shall be issued through
NeST to all Consultants who participated in the selection process giving them
seven (7) Working Days within which to submit complaints to the PE thereof,
if any.
Where no complaints have been lodged, the Consultant whose proposal has
44.2 been accepted will be notified by Letter of Acceptance through NeST of the
award by the PE prior to the expiration of the Proposal Validity Period. The
Letter of Acceptance shall be in the format provided in Section 10 [Contract
Forms] and will state the sum that the PE will pay the successful Consultant in
consideration for the execution of the scope of services as prescribed by the
Contract (hereinafter and in the Contract called the "Contract Price”).
The notification of award will constitute the documents forming the Contract,
44.3 subject to furnishing the Performance Security or Performance Securing
Declaration in accordance with ITC 45 [Performance Security or Performance
Securing Declaration] and the signing of the Contract in accordance with ITC
46 [Signing of Contract].
Within fourteen (14) calendar days after receipt of the Letter of Acceptance, the
45. Performance 45.1 successful Consultant shall deliver to the PE a Performance Security or
Security or Performance Securing Declaration, and if required in the PDS, the
Performance Environmental and Social (ES) Performance Security, in the amount and in the
form stipulated in the PDS and the SCC, denominated in the type and
Securing Declaration proportions of currencies in the Letter of Acceptance and in accordance with
the Conditions of Contract
The Performance Security or Performance Securing Declaration, and if
45.2 required, the Environmental and Social (ES) Performance Security, to be
provided by the successful Consultant, shall be in the form specified in the PDS
which shall be in any of the following:
(a) electronic money transfer, cash, certified cheque, cashier’s or
manager’s cheque, or bank draft;
(b) irrevocable letter of credit issued by a reputable commercial bank
or in the case of an irrevocable letter of credit issued by a foreign
bank, the letter shall be confirmed or authenticated by a reputable
local bank;
(c) unconditional bank guarantee confirmed by a reputable local
bank or, in the case of a successful foreign consultant bonded by a
foreign bank; or
(d) surety bond callable upon demand issued by any reputable surety
or insurance company.
In the case of Bank Guarantee or Surety Bond, they shall be in the format
provided in in the form provided in Section 10 [Contract Forms].

Any Performance Security or Performance Securing Declaration,

and if required, the Environmental and Social (ES) Performance
Security submitted shall be enforceable in the United Republic of
Tanzania.
Failure of the successful Consultant to comply with the requirements of ITC
45.3 45.1 shall constitute sufficient grounds for cancellation of the award and the PE
may resort to awarding the Contract to the next ranked Consultant or call for
new tenders.
Promptly after notification of award, PE shall send the successful Consultant
46. Signing of 46.1 the draft Contract, incorporating all terms and conditions as agreed by the
parties to the contract
Within fourteen (14) calendar days after furnishing the Performance Security or

26
 Performance Securing Declaration, the successful Consultant and the PE shall
Contract 46.2 sign the Contract.

Upon both parties signing the Contract, the PE will promptly notify
46.3 unsuccessful Consultants, the name of the winning Consultant and the Contract
amount and will discharge the Tender Securing Declaration of the unsuccessful
Consultant. The PE shall also return the unopened Financial Proposals, as the
case may be, to the unsuccessful Consultants
The PE will provide an Advance Payment as stipulated in the Conditions of
47. Advance 47.1 Contract, subject to a maximum amount, as stated in the PDS.
Payment
47.2 The Advance Payment request shall be accompanied by an Advance Payment
Security (Guarantee) in the form provided in Section 10 [Contract Forms]
47.3 For the purpose of receiving the Advance Payment, the Consultant shall make
an estimate of, and include in its Proposal, the expenses that will be incurred in
order to commence work. These expenses will relate to the purchase of
equipment, machinery, materials, and on the engagement of experts during the
first month beginning with the date of the PE’s “Notice to Commence” as
specified in the Special Conditions of Contract.
The Consultant is expected to commence the assignment on the date and at the
48. Commencement 48.1 location specified in the PDS.
of Services

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nest-document-section-data#3dfd9192-9417-43a9-b9c4-d071fd5c6dfb#
G: Review of Procurement Decisions
49.1 A Consultant who claims to have suffered or that may
49. Right to Review suffer any loss or injury as a result of a breach of a duty
imposed on a PE or an approving authority in the course of
these procurement proceedings may seek a review in
accordance with the procedure set out hereunder.
50.1 The Consultant shall submit an application for review
50. Time Limit on within Seven (7) working days of the Consultant becoming
Review
or should have become aware of the circumstances giving
rise to the complaint or dispute.
50.2 The provision of ITC 50.1 shall not apply to complaints referred to in ITC
44.1 [Contract Award].
51.1 Any application for administrative review shall be
51. Submission of submitted in writing through NeST to the Accounting
Applications for
Officer of a PE at the address shown in the PDS and a copy
Review
shall be electronically served to the Chief Executive
Officer, Public Procurement Regulatory Authority (PPRA).
51.2 For PEs with delegated procurement functions, applications for
administrative review for proposals floated by the delegated Accounting
Officer shall be submitted through NeST to the delegated Accounting
Officer with a copy served to the PPRA. The delegated Accounting Officer
shall promptly forward the same to the Accounting Officer of the PE.
51.3 The application for administrative review shall include:
(a) details of the procurement requirements to which the complaint
relates;
(b) details of the provisions of the Act, Regulations, or provision
that has been breached or omitted;
(c) an explanation of how the provisions of the Act, Regulation, or
provision have been breached or omitted, including the dates and
name of the responsible public officer, where known;
(d) documentary or other evidence supporting the complaint where
available;
(e) remedies sought; and
(f) any other information relevant to the complaint.
51.4 The Accounting Officer shall not entertain a complaint or dispute or
continue to do so after the procurement contract has entered into force.
52.1 The Accounting Office shall, within three (3) working days
52. Decision by the after receipt of the complaint or dispute, deliver a written
Accounting Officer
decision which shall indicate:
a) whether the application is upheld in whole, in part
or rejected;
b) the reasons for the decision; and
c) any corrective measures to be taken.
52.2 Where the Accounting Officer does not issue a decision within the time
specified in ITC 52.1, the Consultant submitting the complaint or dispute or
the PE shall be entitled immediately thereafter to institute proceedings under
ITC 53.1 [Review by the Public Procurement Appeals Authority] within
three (3) working days after such specified time and upon instituting such
proceedings, the competence of the Accounting Officer to entertain the
complaint or dispute shall cease.

28
 53.1 Complaints or disputes which-
53. Review by the
Public Procurement a) are not settled within the specified period under
Appeals Authority ITC 52 [Decision by the Accounting Officer];
b) are not amicably settled by the Accounting
Officer; or
c) arise after the procurement contract has entered
into force pursuant to ITC 46 [Signing of Contract],
shall be referred to the Appeals Authority within Seven (7)
working days from the date when the Consultant received
the decision of the accounting officer or, in case no
decision is issued after the expiry of the time stipulated
under ITC 52 [Decision by the Accounting Officer] or
when the Consultant become aware or ought to have
become aware of the circumstances giving rise to the
complaint or dispute pursuant to ITC 50 [Time Limit on
Review].
The Appeals Authority shall, within forty five (45) days
issue a written decision concerning the complaint or dispute
stating the reasons for the decisions and the remedies
granted if any.
The decision of the Appeals Authority shall be binding to the parties on
complaint or appeal and such decision may be enforced in any court of
competent jurisdiction.
53.2 The Public Procurement Appeals Authority (PPAA) may be contacted at the
address shown in the PDS.

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SECTION 3: PROPOSAL DATASHEET

PDS. REQUIRED ITC INFORMATION/DATA TO BE FILLED BY PE

NO. INFORMATION/DATA CLAUSE
1 Name of the PE 1.1 TANROADS - MWANZA REGIONAL OFFICE
2 Service/Project/ 1.1 TR36/016/2023/2024/C/01
Proposal Identification
3 Description of Services 1.1 Consultancy services for carrying out Feasibility Study,
Environmental and Social Impact Assessment, Detailed
Design and Preparations of Tender Documents For Upgrading
to Dual Carriageway of Usagara - Kigongo (11.98KM),
Busisi- Sengerema (28.59) and Sengerema- Ibanda KM
(Geita/Mwanza BRD) roads section to bitumen Standard
4 Selection Procedure 1.1 Quality and Least Cost Based Selection
5 Phasing of the 1.3 Not Applicable.
Assignment
6 Source of Funds and Not Applicable
2.1&2.3
Development Partner
7 Unfair Competitive Not Applicable.
5.5
Advantage
8 Eligible Services
6.1 Not Applicable
9 Site visit
7.3 The site is: Usagara - Kigongo (11.98km), Busisi- Sengerema
(28.59) And Sengerema- Ibanda Km (Geita/mwanza Brd)
Roads Section.
Date of site visit:07/09/2023.
Time of site visit: 10:00.

10 Details of a Pre-Proposal A pre-proposal Meeting will be held on 07/09/2023 at 14:00

10.1
Meeting hours local time at Tanroads, Regional Manager's
office.P.o.box 1410 Mwanza.
For more details contact Eng .Ambrose P,
Regional Manager,
Telephone number 255 28 2500340.
11 Participation of Sub- Participation of Sub-consultants, Key Experts and Non-
12.1
consultants, Key Experts Key Experts in more than one proposal is
and Non-Key Experts ALLOWED
12 Language of Proposal
14.1 The Proposal and other documents shall be written in the
ENGLISH.
13 Other documents Applicable.
15.1(e)
required to be submitted
14 Professional Time Input
17.3 The estimated number of professional staff-months required
for the assignment is:
51 The estimated number of key staff person – months for the
assignment is 51 person-months. The breakdown of the total
staff inputs is as follows: Key professional staff Person-
months S/N Positions Phase 1 Phase 2 (i) a Senior Highway
Engineer - Team Leader 6 6 (ii) Transport Economist 3 0 (iii)
Highway Engineer 4 6 (iv) Soils/Materials Engineer 4 4 (v)
Bridge/Structural Engineer 2 2 (vi) Topographical Surveyor 3
3 (vii) Hydrologist 1 1 (viii) Environmentalist 1 1 (ix)
Sociologist 1 1 (x) Valuer 1 1 TOTAL 26 25 In addition to
key staff, the Consultant shall propose supporting staff for the
assignment as found necessary. Note: Consultants are not
required to submit CVs of the Support Staff at this stage as
they will not be evaluated. staff months

30
PDS. REQUIRED ITC INFORMATION/DATA TO BE FILLED BY PE
NO. INFORMATION/DATA CLAUSE
}15 Available Budget
17.4 696,000,000.00
16 Qualifications of
17.5 The minimum required qualifications and experience of
Professional Staff
professional staff are as indicated in the Terms of Reference
and Qualification and Evaluation Criteria.
17 Training
18.1(l) 9.5. TANROADS may assign up to 2 Engineers counterpart staff
relevant to the assignment during execution of the services to
work with the Consultant in all aspects of the study as a way of
knowledge transfer. The counterparts shall be involved in the
field as well as the Consultant's home office. The Consultant
shall allow under the reimbursable expense’s provisional sums
of TShs. 25,000,000.00 for each phase, necessary cost related to
the assignment during field and office work, including providing
the counterparts with any appropriate per diem, accommodation,
transport and training.

18 Additional information
18.1(m) Additional information on methodology, staffing and
on the Technical
monitoring of training includes;
Proposal
Only short-listed Consultants are eligible to submit proposals.
In the case of a joint venture, consortium, or association, all
members shall be jointly and severally liable for the execution
of the Contract in accordance with the Contract terms. The
joint venture, consortium, or association shall nominate a
Lead Member who shall have the authority to conduct all
business for and on behalf of any and all the members of the
joint venture, consortium, or association during the selection
process and, in the event the joint venture, consortium, or
association is awarded the Contract, during contract
execution. The Lead Member shall at the time of contract
award confirm the appointment by submission of a Power of
Attorney to the PE. Reports 3.68 The Consultant’s Feasibility
Study Report for the road shall include plans, typical cross-
sections, soils and materials report and traffic data as well as
preliminary engineering design drawing for the proposed
construction, at following scales: 1: 2000/200
horizontal/vertical alignments 1: 250 cross-sections 1: 250
bridge/culverts In addition to the drawings the consultant
shall prepare and submit to the client a terrain design model
based on the commonly used CAD computer models. PHASE
II: DETAILED ENGINEERING DESIGN AND
PREPARATION OF BIDDING DOCUMENTS 3.69
Depending on the results of the feasibility study and
authorization by the Client, the Consultants shall undertake
the detailed engineering design of the selected option. Design
Standards 3.70 The following approved standards by the
Ministry of Works and Transport shall be adopted and
adhered to: - • Geometric design: - MOW Road Geometry
Design Manual of 2011 - Code of Practice for Geometric
Design (Draft) published by SATTC -TU, 1998 • Pavement
and Materials: -MOW Pavement and Materials Design
Manual, 1999 • TANROADS Interim Guideline for the
Design of Hot-MIX Asphalt: - MOWTC 2018 •
Specifications: - MOW Standard Specifications for Road
Works, 2000 • Testing Procedure: - MOW Central Materials
Laboratory Testing Manual, 2000 • Structures: - British
Standards BS 5400 • Hydrology and hydraulics - TRRL East
African Flood Model / any other internationally recognised

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PDS. REQUIRED ITC INFORMATION/DATA TO BE FILLED BY PE
NO. INFORMATION/DATA CLAUSE
model. • Traffic Signing and Marking - A Guide to Traffic
Signing (MoID, 2009) • Safety Auditing Manual A Guide to
Road Safety Audit (MoID, 2009) • Surveying - Land
Surveying and Mapping Standards of Tanzania (Land
Surveying Regulations CAP 390) 3.71 The Consultant shall
be responsible for the design details within these Terms of
Reference (TOR). The methodologies used in the design of
pavement, earthworks, drainage structures, shall give
preference to the use of available local construction materials.
At all times a balance must be maintained between capital and
maintenance costs. Topographic Surveys 3.72 The
topographic surveys shall follow the same standards as
specified for the preliminary topographic surveys, namely the
Land Surveying and Mapping Standards of Tanzania, and
shall be recorded in standard survey field books/electronic
data book, which shall be submitted and become the property
of the Client at the completion of the assignment. The co-
ordinates of all intersection points shall be in Universal
Transverse Mercator (UTM) system and shall be tied to the
National Tanzania Reference Frame (TARIFF11), and levels
related to the National Benchmarks. Monumentation of all
control points shall be made requirements of the Road
Geometry Design Manual 2011 of MoWT. The description
cards for the control points shall be prepared and submitted to
the Client and detailed in the report to be submitted to the
Client for future reference. 3.73 The topographic surveys
shall be carried out for the whole project road and shall
include: • Verification and reinstatement of control points
established during the Feasibility Study comprising the
primary network of permanent control points at a maximum
interval of 3000m along the road thereafter to be distributed
to a maximum of 300m as secondary points, which must be
inter-visible. Additional control points should be established
as necessary; • Survey of the existing road, junctions, kerbs,
drains, culverts, road furniture, utilities, buildings etc within
the road reserve for preparation of mapping to a scale of
1:2000 and completion of the detailed engineering design as
necessary; • Detailed surveys at all proposed locations for
new drainage structures and existing structure including at
least a length of 100m downstream and upstream of the
structures; • Details surveys at all existing swamp areas must
be taken at least 200m down swamp area and up swamp area
for structure redesign; • Levelling along centreline at 25m
intervals for the longitudinal profile; and • Cross-section
levelling at 25m intervals and at any local irregularity terrain.
Cross sections are to cover at least 32.5m each side of the
future centreline where the area is not swamp. 3.74
Computation and definition of the geometric characteristics of
the centreline of the road must be carried out, setting out data
prepared and the definition of the vertical and horizontal
alignment computed. 3.75 The topographic data shall be
available and presented on maps with a scale of 1:2000 for
the following: a) Existing road, other roads, footpaths, cattle
crossing, rivers, creeks, watercourses, drains; b) Buildings: -
houses of stone, mud, public buildings, including planned
relocation c) Land use: sports fields, cemeteries, cultivation,
forests, etc.; d) Trees with diameter exceeding 0.5m and
height exceeding 1.50m. e) Main fences/bench marks and grid
lines; and f) Existing national trigonometric points, and
national bench marks, Consultant's primary and secondary

32
PDS. REQUIRED ITC INFORMATION/DATA TO BE FILLED BY PE
NO. INFORMATION/DATA CLAUSE
trigonometric points and benchmarks with co-ordinates. g)
Since the area is almost flat consider the reliable contour
interval for proper relief representation 0.5m in swamp areas
and flat route. 3.76 In addition, electronic copies of the
topographic data saved in M/S Excel and topographic
drawings in DXF or DWG format shall be submitted in PDF
and Editable format including the raw data for future
reference and actions. Hydrological Survey and Analysis
Climate 3.77 The Consultant shall endeavour to collect and
use reliable climate data around the project area from relevant
authorities i.e., Tanzania Meteorological Authority (TMA). In
case the data is not available within the area of the project,
information from nearby catchment areas and similar river
basins should be considered and carefully analysed in
consultation with the Client. 3.78 The Consultant shall
describe the climatic conditions of the study area by
providing details of: a. Rainfall (monthly distribution and
intensity, including rain days per month); b. Temperature
(minimum, median and monthly ranges throughout the year);
c. Impacts of climate change in variations of temperatures and
rainfall patterns in the project area based on the
Intergovernmental Panel on Climate Change (IPCC) reports,
and peer reviewed articles and technical reports in the
region/Tanzania. d. Analysis of annual maximum 24-hour
rainfall trends for present and future climatic conditions; and
e. Any other climatic features of importance. The Consultant
shall compare the assessment of the conditions of the
drainage structures with the information available in the
RMMS Reports. Catchment Areas 3.79 The Consultant shall
define the catchment areas for all drainage structures on
topographical maps and digital elevation models (DEM). The
two methods shall be compared that reliable catchment areas
can be defined. The sites of the meteorological and
hydrological existing stations in the area shall also be shown.
Rainfall and Catchment Characteristics 3.80 Rainfall
intensity, run-off duration/intensity relationship, catchments
run-off characteristics and the channel slopes/discharge
characteristics for each catchment area shall be determined
for present and future climatic and land-use/cover conditions
based on the topographical maps, satellite images, field
investigations and climate change peer reviewed reports.
Hydrological Characteristics of the Rivers/Streams 3.81 The
Consultant shall investigate channel and riverbanks stability,
siltation, debris transport and maximum flood levels. The
Consultant shall also describe hydrological characteristics of
rivers crossing the project area including locations where
rivers originate, river geomorphology, geology, vegetation
and land-use, river length, river width, riverbed material and
river slope. In addition, the Consultant shall describe
hydrological characteristics of man-made structures e.g.,
dams. Peak Flow/Discharges 3.82 The Consultant shall
estimate/compute peak flow through the rivers/streams for the
return period of 100 years for bridges, 50 years for box
culverts and 25 years for other structures using generally
acceptable standard procedures such as the Rational Method
for catchments between 1.0 Km2 or where drainage flow
distance is less than 1 km and the “Transport Road Research
Laboratory (TRRL) East African Flood Model” for
catchments larger than 1.0 Km2 but less than 200 Km2. For
catchment area of more than 200 sq. km, the Consultant has

33
PDS. REQUIRED ITC INFORMATION/DATA TO BE FILLED BY PE
NO. INFORMATION/DATA CLAUSE
to use at least three (3) internationally recognised large
catchment hydrological models and compare the results for
reliability. Hydraulics Design and analysis 3.83 The
Consultant shall design hydraulics opening of drainage
structures to accommodate maximum anticipated flow with a
provision for adequate freeboard by using the HECRAS
model. The Consultant shall also calculate scour depth around
abutments, piers and other drainage structures by using the
HECRAS model, hence provide appropriate short- and long-
term measures for the same. Soils and Materials
Investigations 3.84 The Consultant shall review all existing
relevant data and perform investigations to verify suitability
and sufficiency of materials for construction of wearing
course, base course, sub-base improved sub grade and fill
within economic haulage distance. The following shall be
undertaken: h) Geo-technical investigations at sites for new
bridges and major culverts and where major embankments
shall be constructed, including sampling, field and laboratory
testing to achieve necessary basis for foundation design,
stability analysis, assessment of settlements of embankments
etc. i) Proof drilling and pitting to verify quantity and quality
of materials from existing borrow pits and identification of
potential supplementary suitable sources as necessary to
obtain sufficient quantities within economic haulage distance.
3.85 The Consultant shall carry out subsurface investigations
for all major drainage structures which include pitting, hand
auguring and/or drilling down to foundation level including
logging, SPT and taking of disturbed and undisturbed
samples. Seismic investigation shall also be carried out if
considered necessary by the Consultants. Allowable bearing
pressures of subsurface stratum shall be determined at
proposed foundation levels of structures. Alignment soil
sampling, analysis and testing of soils and potential
construction materials shall be carried out to determine their
suitability for the works. The Consultant shall undertake soils
sampling and perform all necessary tests as stipulated in the
PMDM to verify the type and strength of the sub-grade soils.
Samples shall be taken at every 250m interval and at such
other places necessary to determine changes in soil types.
Special attention shall be given to identification of sections
with problem soils. 3.86 Potential gravel sources shall be
tested for: a) Grading (particle size distribution), b) Atterberg
Limits, c) Moisture/density relationship, d) California
Bearing Ratio (CBR) e) Salinity f) Any other necessary tests
as per PMDM. 3.87 Potential sources of hard stone shall be
tested for: a) Los Angeles Abrasion (LAA), b) Aggregate
Crushing Value (ACV) c) Ten Percent Fine Value (TFV), d)
Sodium Sulphate Soundness, e) Bitumen Affinity, f) Specific
Gravity and Water Absorption, g) Soluble salts Content, h)
AIV (Aggregate Impact Value) i) Any other necessary tests as
per PMDM. 3.88 Potential sources of Sand shall be tested for;
g) Grading (particle size distribution), j) Salinity k) Organic
content l) Any other necessary tests as per PMDM. 3.89 The
Consultant shall identify existing water sources for supplying
water for construction works, and assess its quantities and
quality. It should be noted that water to be used for the
implementation of the project shall not be on the expense of
local community. Where construction water is not available
from existing sources, the Consultant shall explore alternative
sources such as bore holes or shallow ponds and identify

34
PDS. REQUIRED ITC INFORMATION/DATA TO BE FILLED BY PE
NO. INFORMATION/DATA CLAUSE
associated costs. 3.90 Soil and material plans shall be
prepared to 1:500 scale showing sample/drilling locations and
exact locations of all construction materials available with
estimated quantities. Detailed Engineering Design
Requirements Horizontal and vertical alignment 3.91 The
horizontal alignment for project road shall be determined by
points at intervals of 25m along the centreline; tangent points
and such other critical points as may be required. All primary
and secondary points shall be in UTM system and shall be
coordinated to the National Tanzania Reference Frame
(TARIFF11). Wherever possible, the primary and secondary
points shall be tied to at least three permanent features using
distances or a combination of distances and angles (as witness
mark). The Consultant shall submit a summary of description
cards for the primary and secondary control points, consisting
of photographs, their respective co-ordinates, and sketches of
the control points indicating their location in relation to the
closest permanent features and its near chainage of a
particular control point. 3.92 The vertical alignment shall be
designed to take into account the hydraulic and soil
conditions and the needs to raise the embankment to avoid
flooding. Earthworks and Pavement Design 3.93 The
pavement shall be designed to carry traffic over a 20-year
design period of the proposed project road and in accordance
with the Pavement and Materials Design Manual, 1999. Other
parameters to be considered during pavement design shall
include: results of the pavement evaluation, soils and
materials tests and other engineering treatments dictated by
available natural materials. Access roads joining the project
road shall be paved up to the end of the road reserve, i.e., 30
m from the centreline. Design of Drainage Structures 3.94 All
existing data and the results of the field investigations for
soils, foundations, hydrology, etc shall be assessed and used
as a basis for the design of drainage structures. Detailed
hydraulic computation and structural designs shall be carried
out and fully documented in the reports. All drainage
structures shall be designed according to BS 5400 using HA
Loading and 37.5 units of HB Loading. All pipe culverts
should be of reinforced concrete. The minimum size of cross
pipe culverts shall be 900mm diameter, while those for access
roads shall be a minimum of 600mm diameter. Road Safety
3.95 The Consultant shall identify all possible accident black
spots and incorporate the measures in the design to improve
road safety. Improved layout and visibility at junctions,
proper separation of pedestrians and cyclists from the
vehicular traffic and the provision of pedestrian crossings,
bus bays and layby truck, parking areas shall be included in
the design, where possible. Other measures to be considered
include provision of wide shoulders in towns/villages and
climbing lanes and escape ramp on steep grades, service roads
at populated areas, cattle crossing and provision of arrestors.
3.96 A detailed traffic engineering design shall be carried out
to specify the necessary traffic control features. This design
shall include detailed traffic analysis including where
appropriate, design traffic forecasts for major intersections.
Based on the traffic analysis, the Consultant shall conduct
intersection capacity and related traffic studies to determine
the location of signs, signals as necessary, pavement
markings, and facilities for pedestrians and non-motorized
traffic around populated areas central barriers, headlight

35
PDS. REQUIRED ITC INFORMATION/DATA TO BE FILLED BY PE
NO. INFORMATION/DATA CLAUSE
deflectors, street lighting and possibly noise barriers and
other control features and other control features. 3.97 A
detailed scheme for the management of the traffic flow shall
be developed to ensure that vehicle and pedestrian movement
is properly handled during the construction period. This plan
shall include details of the location and design of by-pass
lanes, temporary structures, barriers, signs, signals and other
physical features necessary to accommodate traffic flow
during construction. In addition to the design plan, the
Consultant shall prepare a traffic operations plan detailing the
construction sequencing, public information announcements,
use of traffic control devices and other activities designed to
minimize traffic disruption. Street Lights 3.98 The Consultant
shall consider provision of street light at urban and other
highly populated areas, village areas, pedestrian crossings,
bus bays and parking areas. For easy and reliable power
supply, the Street lights should be both electric and solar
powered system, with priority assigned to solar power source.
Engineering Drawings 3.99 The Consultant shall prepare the
following engineering drawings for the project using format
and title sheets as required by TANROADS, with the
originals becoming the property of the Client. (i) Topographic
Plans, scale 1:2000 (ii) Plans and Profile, scale 1:2000/1:200
Showing natural ground levels, horizontal and vertical curve
details, running chainage, cross-section chainages, side
drain’s location, description and references to all drainage
works, location of bench marks, location of road furniture,
any other relevant information in the format approved by
TANROADS. (iii) Typical Cross-Sections, scale 1:50
Showing all details of road cross section in cuts and fills, side
drains, pavement thickness, camber and super-elevation and
pavement widening. The cross sections shall also show
natural ground level and super-imposed road prism and
structural drawings details as required. (iv) Cross Sections,
scale 1:100 Showing natural ground level and superimposed
road prism at 25m intervals. (v) Bridges, scale 1:100 and
1:50/20 for more detailed elements Showing all the details for
construction of a bridge superstructure and sub structure as
well as any protection works (vi) Culvert details, scale 1:50
Showing details of all types of culverts, their inlets and
outlets and any necessary protection works. (vii) Soil plans
Showing the location of borrow and quarry sites and
characteristics of soils for various sections of the route using
the appropriate scale. (ix) Traffic Management Plans Showing
details of the location of by-pass lanes, temporary structures,
barriers, signs, signals and other physical features necessary
to accommodate traffic flow during construction. (viii)
Auxiliary Works Showing all auxiliary works using the
appropriate scales.
19 Reimbursable Expenses The reimbursable expenses shall be the following;
19.1(d)

1. Cost Of Training

2. Other Allowances

3. Cost Of Necessary Travel

4. Cost Of Communication

36
PDS. REQUIRED ITC INFORMATION/DATA TO BE FILLED BY PE
NO. INFORMATION/DATA CLAUSE
20 Payment of Local Taxes All Taxes imposed by the Government
20.1
Official Source of Information on Tax Obligations in
Tanzania is obtained from www.tra.go.tz.

21 Local Taxes Exemption 20.1 Value Added Tax

22 PEs Inputs The PE will provide the following inputs and facilities; (a)
21.1 (a)
provide at no cost to the Consultant the inputs and facilities
specified in the PDS; (b) make available to the Consultant,
relevant project data and reports at the time of issuing the
RFP; and (c) assist the Consultant in obtaining relevant
project data and reports from other related
departments/divisions, which will be required by the
Consultant to prepare the proposal.
23 Alternative Proposals Applicable
22.1
24 Currency of the Proposal For Foreign Consultants Currency Shall be in any freely
24.1
Convertible Currency except for local inputs which shall be
quoted in Tanzanian Shillings.

For Local Consultants Currency shall be quoted in Tanzanian

Shillings.
25 Validity Period of the 120 days after the submission deadline date.
25.1
Proposals
26 Proposal Security 25.6 Proposal Securing Declaration.

28 Exclusion of Taxes in the 39.2 Not Applicable

Evaluation of Financial
Proposal
29 Currency for Conversion The rates of exchange to be used by the Tenderer shall be those
40.1
established by the Bank of Tanzania prevailing 28 days before
tender opening.
Currency for Tender Conversion:The Tanzanian Shilling.
30 Weights to Technical and
41.1 Weight given to Technical and Financial proposals are;
Financial Proposals
Technical: 80
Financial: 20
31 Post-qualification 42.2 Applicable
Criteria for consultants
32 Address for Contract
43.1 Contract Negotiations address;
Negotiations
Regional Manager, Tanroads Mwanza, P.o.box 1410,
Mwanza.
33 Form of Performance Performance SecuringDeclaration in the form provided in
45.1
Security or Request for Proposal.
Performance Securing
Declaration

34 Environmental and Social 45.2

Environmental and Social Performance Securing Declaration
Performance Security

35 Advance Payment 15 Percent.

47.1
Security
36 Date of Commencement
48.1 Date of Commencement of the contract: 03/11/2023
of the Assignment
Location of the site assignment: Usagara - Kigongo

37
PDS. REQUIRED ITC INFORMATION/DATA TO BE FILLED BY PE
NO. INFORMATION/DATA CLAUSE
(11.98km), Busisi- Sengerema (28.59) And Sengerema-
Ibanda Km (Geita/mwanza Brd) Roads Section
37 PPAA Address. 53.2 The address for Appeals to PPAA:
The Executive Secretary,
Public Procurement Appeals Authority,
Ministry of Finance and Planning,
Mkandarasi Place,
4th Floor
Jakaya Kikwete rd
P.O.BOX 1385,
Dodoma
Tanzania
Phone
Telephone:+255262962411,
Mobile:+255743505505
Fax + 255 022 2120460
Email: info@ppaa.go.tz or es@ppaa.go.tz
Website www.ppaa.go.tz

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SECTION 4. QUALIFICATION AND EVALUATION CRITERIA

39
 nest-document-section-data#c453fbe3-5129-43b6-ba58-39f0e25efda9#
QUALIFICATION AND EVALUATION CRITERIA

Commercial Evaluation

1. Eligibility

Litigation History
Tenderers are required to provide litigation records resulting from contracts completed or ongoing under their execution
(In case of Joint Venture, compliance requirements are all Parties Combined – Must Meet requirements and Each
Member – Must Meet requirements).

Completion Period
Tenderers are required to comply with the completion period as proposed by the procuring entity unless alternative
completion period is allowed.
Completion Time (Days) 365

2. Standard Tender Forms

Tender Validity Period

Consultants are required to confirm with the tender validity period specified by the Procuring Entity.
Tender Validity Period (Days) 120

Notarized Special Power of Attorney

Tenderers must fill in Standard Power of Attorney as per the required format and upload into the system.

Technical Evaluation

1. Experience

Overall Firm's General Experience

Consultant is required to provide details of Firms General Experience, reputation and details of previous similar
assignments

Firm's General Experience

Start Year for Firm's General Experience in assignments 2016-01-01
End Year for Firm's General Experience in assignments 2023-09-01
Minimum number of general assignments 2
Minimum amount for general assignments (TZS) 300000000

Experience in Previous Similar Assignments

Title of Specialization area or Similar Projects and Conditions Feasibility study and detailed design

40
 Minimum number of similar projects 2
Minimum amount for similar projects (TZS) 250000000
Start Year for Experience in Similar Projects and Conditions 2018-01-01
End Year for Experience in Similar Projects and Conditions 2023-09-03

Knowledge of the Country

Consultant is required to demonstrate knowledge of the country in terms of local language, culture, administrative system
and influence of government organizations.

2. Understanding Terms of Reference

Understanding of the Terms of Reference, Methodology and Proposal Quality of the Assignment
A consultant has to submit a quality proposal and demonstrate a clear understanding of the terms of reference, propose
technical approach, methodology, organization and staffing to carry out the assignment.

Approach, methodology and overall quality of the proposal

Description of Approach, ) Understanding of the Terms of ReferenceUnder this sub-criterion, assessment
Methodology and work Plan of the firm’s understanding of the Terms of Reference (TOR) will be made
for Performing the based on the firm’s relevant comments on the Terms of Reference, Counterpart
Assignment staff and facilities to be provided by the Client.

3. Key Personnel

Qualifications of Key Personnel

Tenderer has to provide details showing the qualifications of key personnel available for assignment based on the
qualification criteria in the terms of reference.

General Qualifications
Title of Title of Age of Title of Age of Req
Minimum required Specialized Minimum required Specialized
professional professional the Key professional the Key Sim
Education level Education Education level Education
staff required staff required Personnel staff required Personnel Ass

She/he must be a She/he must be a

Registered Civil Registered Civil Exp
Engineer with a Engineer with a wor
respective respective Team
professional body, professional body, leas
holding a BSc. in holding a BSc. in proj
Civil Engineering. Civil Engineering. mag
Postgraduate Postgraduate com
1. Team 1. Team qualification in 1. Team qualification in last
Leader/Senior Leader/Senior Highway Engineering N/A Above 3 Leader/Senior Highway Engineering N/A Above 3 pts].
Engineer Engineer is an added advantage Engineer is an added advantage scor
[30 pts]; (B.Sc. in [30 pts]; (B.Sc. in proj
Civil Engineering to Civil Engineering to to sc
score 80% and score 80% and the a
postgraduate postgraduate weig
qualification in qualification in will
Highway Engineering Highway Engineering betw
to score 100% of the to score 100% of the year
allocated weight). allocated weight).

41
 She/he must be She/he must be
holding a degree in holding a degree in
Environment Environment He/s
Management or Management or done
related disciplines. related disciplines. leas
Postgraduate Postgraduate proj
qualifications in qualifications in natu
Environment Environment and
Management is an Management is an with
Environmentalist Environmentalist added advantage - [30 N/A N/A Environmentalist added advantage - [30 N/A N/A year
pts]. (BSc in pts]. (BSc in [3 p
Environment Environment scor
Management to score Management to score or m
80%, postgraduate 80%, postgraduate to sc
qualification in qualification in pro-
Environment Environment appl
Management to score Management to score and
100% of the allocated 100% of the allocated
weight); weight);

She/he must be a She/he must be a

Registered Civil Registered Civil
Engineer with a Engineer with a He/s
respective respective 8 ye
professional body, professional body, cum
holding a BSc. in holding a BSc. in expe
Civil Engineering. Civil Engineering. to ro
Postgraduate Postgraduate and
qualifications in qualifications in pts].
Highway Highway Above 30 Highway Above 30
Highway Engineering N/A Highway Engineering N/A scor
Engineer Engineer years Engineer years
is an added advantage is an added advantage alloc
- [30 pts]. (BSc. in - [30 pts]. (BSc. in and
Civil, Engineering to Civil, Engineering to mor
score 80%, score 80%, 100%
postgraduate postgraduate will
qualification in qualification in betw
Highway Engineering Highway Engineering year
to score 100% of the to score 100% of the
allocated weight); allocated weight);

She/he must be She/he must be He/s

holding an advanced holding an advanced a mi
diploma in Land diploma in Land (6) y
Surveying or Surveying or cum
equivalent. equivalent. expe
Postgraduate Postgraduate to L
qualifications in qualifications in activ
Senior Senior Senior
surveying is an added surveying is an added pts].
Topographic Topographic N/A N/A Topographic N/A N/A
advantage - [30 pts]. ( advantage - [30 pts]. ( scor
Surveyor Surveyor Surveyor
BSc. in Land BSc. in Land alloc
Surveying to score Surveying to score and
80%, postgraduate 80%, postgraduate mor
qualification in qualification in 100%
Surveying to score Surveying to score will
100% of the allocated 100% of the allocated betw
weight); weight); year

She/He must be a She/He must be a He/s

Bridge/Structural Bridge/Structural Bridge/Structural
Registered Civil N/A N/A Registered Civil N/A N/A a mi
l Engineer l Engineer l Engineer
Engineer with a Engineer with a year

42
 respective respective expe
professional body, professional body, stud
holding a BSc. in holding a BSc. in deta
Civil Engineering. Civil Engineering. brid
Postgraduate Postgraduate – [2
qualifications in qualifications in year
Bridge/Structural Bridge/Structural 80%
Engineering is an Engineering is an alloc
added advantage - [30 added advantage - [30 and
pts]. (BSc. in Civil pts]. (BSc. in Civil mor
Engineering to score Engineering to score 100%
80%, postgraduate 80%, postgraduate will
qualification in qualification in betw
Bridge/Structural Bridge/Structural year
Engineering to score Engineering to score
100% of the allocated 100% of the allocated
weight); weight);

She/
hold
She/he must be She/he must be
in S
holding a degree in holding a degree in
or re
Social Science or Social Science or
disc
related disciplines. related disciplines.
Post
Postgraduate Postgraduate
qual
qualifications in qualifications in
Soci
Social Science is an Social Science is an
an a
Sociologist Sociologist added advantage - [30 N/A N/A Sociologist added advantage - [30 N/A N/A
adva
pts]. (BSc in Social pts]. (BSc in Social
pts].
Science to score 80%, Science to score 80%,
Soci
postgraduate postgraduate
scor
qualification in Social qualification in Social
post
Science to score Science to score
qual
100% of the allocated 100% of the allocated
Soci
weight); weight);
scor
alloc
She/He must be a She/He must be a
Registered Civil Registered Civil
He/s
Engineer with a Engineer with a
at le
respective respective
year
professional body, professional body,
expe
holding a BSc. in holding a BSc. in
Pave
Civil Engineering. Civil Engineering.
eval
Postgraduate Postgraduate
mate
qualifications in qualifications in
soils
Geotechnical or Geotechnical or
and
Soil/Material Soil/Material Pavement Above 30 Soil/Material Pavement Above 30
N/A N/A desi
Engineer Engineer Engineering is an years Engineer Engineering is an years
(8 y
added advantage - [30 added advantage - [30
80%
pts]. (BSc. in Civil pts]. (BSc. in Civil
alloc
Engineering to score Engineering to score
and
80%, postgraduate 80%, postgraduate
mor
qualification in qualification in
100%
Geotechnical or Geotechnical or
will
Pavement Pavement
betw
Engineering to score Engineering to score
year
100% of the allocated 100% of the allocated
weight); weight);
She/He must be She/He must be At l
holding a BSc. in holding a BSc. in of w
Transport Transport Economics or Transport Economics or expe
N/A N/A N/A N/A
Economist Economist equivalent. Economist equivalent. carr
Postgraduate Postgraduate soci
qualification in qualification in anal

43
 Transport Economics Transport Economics inve
is an added advantage is an added advantage proj
- [30 pts]. (BSc. In - [30 pts]. (BSc. In (10
Economics to score Economics to score 80%
80% of the allocated 80% of the allocated alloc
weight and weight and and
postgraduate postgraduate mor
qualification in qualification in 100%
Transport Economics Transport Economics alloc
to score 100%); to score 100%); pro-
appl
10 a

• She/he must be • She/he must be

holding a degree in holding a degree in
Applied Science or Applied Science or
He/s
BSc Civil BSc Civil
a mi
Engineering or Engineering or
(6) y
equivalent equivalent
expe
qualification. qualification.
to w
Postgraduate Postgraduate
man
qualifications in qualifications in
sche
Hydrology/Hydraulics Hydrology/Hydraulics
pts].
Hydrologist Hydrologist Engineering is an N/A N/A Hydrologist Engineering is an N/A N/A
scor
added advantage - [30 added advantage - [30
alloc
pts]. (BSc in Applied pts]. (BSc in Applied
and
Science or BSc Civil Science or BSc Civil
mor
Engineering to score Engineering to score
100%
80%, postgraduate 80%, postgraduate
will
qualification in qualification in
betw
Hydrology/Hydraulics Hydrology/Hydraulics
year
Engineering to score Engineering to score
100% of the allocated 100% of the allocated
weight); weight);

She/he must be She/he must be

holding a degree in holding a degree in He/s
Land Management Land Management done
and Valuation. and Valuation. at le
Postgraduate Postgraduate deve
qualifications in Land qualifications in Land proj
Management and Management and natu
Valuation is an added Valuation is an added and
advantage - [30 pts]. advantage - [30 pts]. with
Valuer Valuer N/A N/A Valuer N/A N/A
(BSc in Land (BSc in Land year
Management and Management and [2 p
Valuation to score Valuation to score scor
80%, postgraduate 80%, postgraduate or m
qualification in Land qualification in Land to sc
Management and Management and pro-
Valuation to score Valuation to score appl
100% of the allocated 100% of the allocated and
weight); weight);

4. Preference Schemes

Local Firm Participation

Foreign firms are required to demonstrate mandatory inclusion of local firms.

44
 Participation by National Experts
Foreign firms are required to demonstrate mandatory inclusion of local experts.
Participation by 50% and Above 10
Participation by National Experts by 25% - 49% 6
Participation by National Experts by 1% - 24% 5
Participation by National Experts by 0% 0

Financial Evaluation

1. Financial Proposal

Financial Proposal
Consultants are required to submit priced financial proposal.

45
nest-document-section-data#2f8958d2-4173-4a43-b7ae-466cddaefefa#
SECTION 5: TECHNICAL PROPOSAL – STANDARD FORMS
SN. STANDARD FORMS REMARKS

1. Technical Proposal Submission Form. The form is available in the system during
If the Proposal is submitted by a joint tender submission.
venture, attach a letter of intent or a copy
of an existing agreement.
2. Consultant’s Organization and This information will be available in the tenderer
Experience. profile. Therefore tenderer is required to fill in all
required information in his profile before tender
application.
3. Comments or Suggestions on the Terms The form is available in the system during
of Reference and on Counterpart Staff tender submission.
and Facilities to be provided by the
Client.
4. Description of the Approach, The form is available in the system during
Methodology, and Work Plan for tender submission.
Performing the Assignment.
5. Work Schedule and Planning for The form is available in the system during
Deliverables. tender submission.
6. Team Composition, Key Experts Inputs. The form is available in the system during
tender submission.
7. CV of Professional Staff. The form is available in the system during
tender submission.
8. Proposal Securing Declaration/Proposal The form is available in the system during
Security – Bank Guarantee/Proposal tender submission.
Security – Insurance Bond
9. Power of Attorney. Power of Attorney.
10. Anti-bribery Pledge. The form is available in the system during
tenderer registration and shall apply to
all tender submissions.

46
nest-document-section-data#a1de422d-33ff-4f39-9046-46a25489341b#
CODE OF CONDUCTFOR EXPERTS (ES) Form
We arethe Consultant, [enter the name of Consultant]. We have signed a contract with [enter the name of Client] for [enter
a description of the Services].These Services will be carried out at [enterthe Site and other locations where the Services will
be carried out, asappropriate]. Our contract requires us to implement measures to addressenvironmental and social risks
related to the Services, including the risks ofsexual exploitation, sexual abuse, and sexual harassment.

This Codeof Conduct is part of our measures to deal with environmental and social risksrelated to the Services. It applies
toall Experts in places where the Services are being carried out.

This Codeof Conduct identifies the behavior that we require from all Experts.

Ourworkplace is an environment where unsafe, offensive, abusive, or violentbehavior will not be tolerated and where all
persons should feel comfortableraising issues or concerns without fear of retaliation.

REQUIREDCONDUCT
Experts shall:

1. Carry out his/her duties competently and diligently;

2. Comply with this Code of Conduct and all applicable laws, regulations, and other requirements, including
requirements to protect the health, safety, and well-being of other Experts and any other person;

3. Maintain a safe working environment including, as applicable, by:

a. ensuring that workplaces, equipment, and processes under each person’s control are safe and without risk to
health;

b. wearing required personal protective equipment; and

c. following applicable emergency operating procedures.

4. Report work situations that he/she believes are not safe or healthy and remove himself/herself from a work situation
that he/she reasonably believes presents an imminent and serious danger to his/her life or health;

5. Treat other people with respect, and not discriminate against specific groups such as women, people with disabilities,
migrant workers or children;

6. Not engage in Sexual Harassment, which means unwelcome sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature with other Experts, Contractor’s Personnel (if applicable) or Client’s
Personnel;

7. Not engage in Sexual Exploitation, which means any actual or attempted abuse of position of vulnerability,
differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or
politically from the sexual exploitation of another;

8. Not engage in Sexual Abuse, which means the actual or threatened physical intrusion of a sexual nature, whether by
force or under unequal or coercive conditions;

9. Not engage in any form of sexual activity with individuals under the age of 18, except in case of pre-existing
marriage;

10. Complete relevant training courses that will be provided related to the environmental and social aspects of the
Contract, including on health and safety matters, Sexual Exploitation and Abuse (SEA), and Sexual Harassment
(SH);

11. Report violations of this Code of Conduct; and

12. Not retaliate against any person who reports violations of this Code of Conduct, whether to us or the Client, or who

47
 makes use of grievance mechanism for Experts, if any, or the project’s Grievance Redress Mechanism.

RAISINGCONCERNS
If any person observes behavior that he/she believes may representa violation of this Code of Conduct, or that otherwise
concerns him/her, he/sheshould raise the issue promptly. This can be done in either of the followingways:
1. Contact [enter name of the Consultant’s social expertwith relevant experience in handling sexual exploitation, sexual
abuse andsexual harassment cases, or if such person is not required under the Contract,another individual designated
by the Consultant to handle these matters] inwriting at this address [ ] or bytelephone at [ ] or in person at [ ]; or
2. Call [ ] to reach the Consultant’s hotline (if any) and leave a message.
The person’s identity will be kept confidential, unless reportingof allegations is mandated by the country law. Anonymous
complaints orallegations may also be submitted and will be given all due and appropriateconsideration. We take seriously
all reports of possible misconduct and willinvestigate and take appropriate action. We will provide warm referrals toservice
providers that may help support the person who experienced the allegedincident, as appropriate.
There will be no retaliation against any person who raises aconcern in good faith about any behavior prohibited by this
Code ofConduct. Such retaliation would be aviolation of this Code of Conduct.

CONSEQUENCES OF VIOLATINGTHE CODE OF CONDUCT

Any violation of this Code of Conduct by Experts may result inserious consequences, up to and including termination and
possible referral tolegal authorities.

FOREXPERT:

I havereceived a copy of this Code of Conduct written in a language that Icomprehend. I understand that if I haveany
questions about this Code of Conduct, I can contact [enter name of Consultant’s contact person(s) with relevant
experience]requesting an explanation.
Name of Expert: [insert name]

Signature:__________________________________________________________

Date: (day month year):_______________________________________________

Countersignatureof authorized representative of the Consultant:
Signature:________________________________________________________
Date: (day month year):______________________________________________

ATTACHMENT 1: Behaviorsconstituting Sexual Exploitation and Abuse (SEA) and behaviors

constitutingSexual Harassment (SH)
ATTACHMENT 1 TO THE CODE OF CONDUCT FORM
BEHAVIORS CONSTITUTING SEXUAL EXPLOITATION AND ABUSE (SEA)AND BEHAVIORS
CONSTITUTING SEXUAL HARASSMENT (SH)
The following non-exhaustive list isintended to illustrate types of prohibited behaviors:
(1) Examples of sexual exploitation and abuse include, but are not limited to:
· An Expert tells a member of the community thathe/she can get them jobs related to the Services (e.g. cooking and
cleaning) inexchange for sex.
· An Expert that is connecting electricity inputto households says that he can connect women headed households to the
grid inexchange for sex.
· An Expert rapes, or otherwise sexually assaultsa member of the community.
· An Expert denies a person access to the Siteunless he/she performs a sexual favor.
· An Experttells a person applying for employment under the Contract that he/she will onlyhire him/her if he/she has sex
with him/her.

48
(2) Examples of sexual harassment in a work context
· An Expert comment on the appearance of anotherExpert (either positive or negative) and sexual desirability.
· When An Expert complains about comments made byanother Expert on his/her appearance, the other Expert comment
that he/she is“asking for it” because of how he/she dresses.
· Unwelcome touching of an Expert or Client’sPersonnel by another Expert.
· An Expert tells another Expert that he/she willget him/her a salary raise, or promotion if he/she sends him/her
nakedphotographs of himself/herself.

49
nest-document-section-data#9b157da9-ee0a-4169-b6d6-130e2b88efed#
PROPOSAL FOR CONSULTANT’S TRAINING
This section provides a brief description of the Consultant’s training, contents of training, training methodology, staffing
and monitoring, and an outline of the recent experience of the Consultant that is most relevant to the assignment.
A: Training Title
Provide here a brief description of the title of the training
B: Training. Contents
Provide a brief description of the topics that the Consultant will need to be used for training.
C -Consultant’s Training Experience
1:Provide a brief descriptive list of only previous similar assignments successfully completed in the last [......] years.
List only those assignments for which the Consultant was legally contracted by the PE as a company or was one of the joint
venture partners. Assignments completed by the Consultant’s individual experts working privately or through other
consulting firms cannot be claimed as the relevant experience of the Consultant, or that of the Consultant’s partners or sub-
consultants, but can be claimed by the experts themselves in their CVs. The Consultant should be prepared to substantiate
the claimed experience by presenting copies of relevant documents and references if so, requested by the PE.
D - Consultant’s Training Methodology
Provide a brief explanation of the Training methodology the Consultant will use to carry out the training assignment.
E - Consultant’s Training Staff
Provide brief explanations of the list of proposed staff.
F - Consultant’s Training Monitoring
Provide brief explanations and how monitoring will be carried out
Firm’s Name:
Authorized Signature:

50
nest-document-section-data#33008e04-f0ed-4a88-8833-9033a3b4012a#
SECTION 6: FINANCIAL PROPOSAL - STANDARD FORMS
SN. STANDARD FORMS REMARKS

1. Financial Proposal Submission Form. The form is available in the system during
tender submission.
2. Summary of Costs. The form is available in the system during
tender submission.
3. Breakdown of Remuneration The form is available in the system during
tender submission.
4. Breakdown of Reimbursable expenses. The form is available in the system during
tender submission.
5. Breakdown of Estimates of Local Taxes, The form is available in the system during
Duties tender submission.

51
nest-document-section-data#58969527-a620-4671-b64c-3b843bb7fc87#
SECTION 7: ELIGIBLE COUNTRIES
54.1 All countries are eligible except countries subject to the following
54 provisions. A country shall not be eligible if:
(a) as a matter of law or official regulation, the
Government of the United Republic of Tanzania
prohibits commercial relations with that country,
provided that the Government of the United Republic
of Tanzania is satisfied that such exclusion does not
preclude effective competition for the provision of
goods or related 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
the United Republic of Tanzania prohibits any import
of goods from that country or any payments to persons
or entities in that country.

52
nest-document-section-data#7991c394-7dbb-4eec-a8b5-48ba50b45ea2#
SECTION 8: TERMS OF REFERENCE

LOT NO. TR36/016/2023/2024/C/01

Consultancy services for carrying out Feasibility Study, Environmental and Social Impact
Assessment, Detailed Design and Preparations of Tender Documents For Upgrading to Dual
Carriageway of Usagara - Kigongo (11.98KM), Busisi- Sengerema (28.59) and Sengerema- Ibanda
KM (Geita/Mwanza BRD) roads section to bitumen Standard

GFS Code: 22001125 - Inspection Fees

Consultant's Responsibilities
1.0 The Consultant shall be responsible for, and shall indemnify the Client, in respect of loss of or damage to
equipment and materials furnished by the Client, or purchased by the Consultant in whole or in part with funds
provided by the Client.
1.1 The Consultant undertakes full responsibility in respect of life, health, and accidents for the Personnel.
1.2 The Consultant shall indemnify the Client from and against any and all claims,liabilities, obligations, losses,
damages, penalties, actions, judgment, suits,proceedings, demands, costs, expenses and disbursements of whatsoever
nature that may be imposed on, incurred by or asserted against the Client during or in connection with the Services by
reason of:
(a)Infringement or alleged infringement by the Consultant of any patent or other protected right; or
(b)Plagiarism or alleged plagiarism or fronting practice by the Consultant.
1.3 The Consultant shall ensure that all goods and (including but without limitation to all computer hardware, software
and systems) procured by the Consultant out of funds provided or reimbursed by the Client or used by the Consultant
in the carrying out of the Services do not violate or infringe any industrial property or intellectual property right or
claim of any third party.2 he Technical Proposal shall not include any financial information.

1.4 All information, data and reports obtained from TANROADS in the execution of Consultancy services shall be
properly reviewed and analyzed by the Consultant. The Consultant shall be responsible for the correctness of
using such data. All such information, data and reports shall be treated as confidential.

1.5 The Consultant shall be responsible for arranging for all necessary office and living accommodation,
transport,equipment, supplies, secretarial services, and such other services, necessary for the proper
implementation of the services.

1.6 The Consultant shall be responsible for making sure that all key staff proposed in the technical proposal and
approved by TANROADS are available at all time of the assignment as per the schedule provided in the
contract. TANROADS will keep on investigating their presence and take contractual measures to the Consultant
including deduction of the relevant fees in case of absence.

1.7 The Consultant shall be responsible for making sure that the assignment is done according to the requirements of
the Terms of Reference and the Standards. Any cost that will be incurred by the employer for review of any
resubmitted report due to substandard work will be borne by the Consultant and will be deducted directly from
any monies payable to the Consultant.

Counterpart Staff
1.1. TANROADS may assign up to 2 Engineers counterpart staff relevant to the assignment during execution of the
service sto work with the Consultant in all aspects of the study as a way of knowledge transfer. The counterparts
shall be involved in the field as well as the Consultant's home office. The Consultant shall allow under the
reimbursable expense’s provisional sums of TShs. 25,000,000.00 for each phase, necessary cost related to the
assignment during field and office work, including providing the counterparts with any appropriate per diem,
accommodation, transport and training.

53
Background

1.1 The project for Consultancy services for Feasibility Study and Detailed Engineering Design and Preparation
of Tender Documents for Upgrading to Dual Carriageway of Usagara – Kigongo (11.98km), Busisi
–Sengerema (28.59) and Sengerema – Ibanda 22.25km (Geita/Mwanza Brd) RoadSections in Mwanza
Region road to bitumen standard is purposely for enhancing social economic development, National
Gross Domestic Product (GDP), to promote tourism prosperities with the neighboring Regions which
includes Geita, Mara, Shinyanga, Simiyu, Kigoma & Kagera as well as improvement of customs exercise
department in between the border, and mobility to the road users. Moreover, people living along and
neighboring villages will significantly benefit as their agriculture products will be easily transported to
business centers. The road passes through areas with potential of a variety of economic opportunities
such as agriculture, forestry, tourism, Minerals reserves and fishery, etc. However, these economic
potentials are not fully exploited due to lack of reliable road transport infrastructure.

Data, Services and Facilities to be provided by the Client

1.1. The Client shall provide the Consultant with copies of the data and reports as available and considered relevant to
the execution of the Consultant’s services.

1.2. The Client shall facilitate liaison with other institutions in order to introduce the Consultant to them. The
Consultant shall be fully responsible for collection of data and information from the agencies, and shall be
responsible for any costs thereof.

Deliverables/Reports
Item Description
Reports 1.1. The Consultant shall prepare, and submit all reports in English and
presented on A4sized paper with detailed record of photographs. All reports
(except Progress Reports) shall be submitted initially as draft versions,
which shall be finalized to accommodate Clients’ comments. Survey data
for both draft and final reports shall be submitted in a format compatible to
current operating Windows system.

1.2. The Consultant shall prepare the Tender Documents for the proposed
project. After due consultation with the Client, he shall package the project
roads into an appropriate number of packages with lengths to be agreed
with the Client,depending on factors such as availability of construction
materials,construction water sources, etc. and prepare the tender documents
accordingly.

1.3. The Consultant shall arrange to present the Reports to a panel of

TANROADS experts.The presentations shall be made at least 5 days after
submission of the hard and soft copies of the reports. The presentations
shall preferably be in PowerPoint.

PLEASE NOTE THAT FAILURE TO SUBMIT REPORTS WHETHER AT

INTERMEDIATE STAGES OR OVERALL ON SPECIFIED TIME
PERIODS MAY RESULT TO IMPOSITION OF LIQUIDATED DAMAGES
EQUAL TO1/1000TH (ONE THOUSANDTH) OF THE VALUE OF THE
INVOICE RAISED AND PAYABLE FOR EACH CALENDAR DAY,
WITH A MAXIMUM LIMIT VALUE OF 15% (FIFTEEN PERCENT) OF
THE VALUE OF THE INVOICE

54
Duration of the Assignment
548 Days

Mode of Payment
1. PAYMENTS TO THE CONSULTANT

1.1. All remuneration to the Consultant shall be subject to Tanzania Taxation Laws. For the services to be rendered the
Consultant will be paid based on the phase lump sum according to the following schedule:

Phase I
i. Twenty percent (20%)of the Contract Amount for Phase I shall be paid to the Consultant upon submission of
acceptable Inception Report.
ii. Forty percent (40%)of the Contract Amount for Phase I shall be paid upon submission of the Draft Final Feasibility,
Environmental and Social Impact Assessment and Economic Evaluation Reports. The Consultant shall be
required to present a Draft Feasibility Study Report to TANROADS Professionals on a date to be agreed
during the course of the Contract’s implementation. The presentation shall be carried out at TANROADS
Headquarter.
iii. Forty percent (40%)of the Contract Amount for Phase I shall be paid to the Consultant upon submission of the
Final Feasibility, Environmental and Social Impact Assessment and Economic Evaluation Reports.
Phase II
i. Forty percent (40%)of the Contract Amount for Phase II shall be paid to the Consultant upon submission of the
Draft Design Reports including Bidding Documents, Detailed ESIA,RAP, Valuation report and Cost
Estimates. The Consultant shall be required to present a Draft Design Report to TANROADS Professionals
on a date to be agreed during the course of the Contract’s implementation. The presentation shall be carried
out at TANROADS Headquarter.
ii. Thirty Five percent (60%) of the Contract Amount for Phase II shall be paid to the Consultant upon submission of
the Final Detailed Engineering Design Reports, Bidding Documents and Engineering Cost Estimates. The
Final Design Report shall accommodate all relevant comments from the Client.
The Lump Sum will remain fixed throughout the contract period
1.2. The consultant shall build up the costs for carrying out the assignment using the forms provided in the Request for
Proposal (RFP).

1.3. The Consultant shall allow under the reimbursable expenses the following provisional sums necessary to cover the
cost related with the project supervision.

a. Provisional sum amounting to TShs. 3,000,000.00 for purchase of up-to-date Laptop for the project
supervisor.
b. Provisional sum amounting to TShs. 3,650,000.00 for airtime for the project supervisor, calculated at a rate
of Tshs. 5,000.00 per day over the contract period.
c. Provisional sum amounting to TShs.35,000,000.00 for register and review of Environmental and Social
Impact Assessment Report by the National Environment Management Council (NEMC).
Payment of all Provisional sums shall be supported with relevant confirmation attachments.

Project Description

The Consultant shall provide a brief description of the project, background to the project proposal and its
justification, need and purpose of undertaking the RAP study, project size and duration, affected areas,
RAP study methodologies and approaches applied and structure of the report

Sub –task (i): Potential Impacts: Identification of the: (i)components or activities that require resettlement or
restriction of access;(ii) zone of impact of components or activities; (iii) alternatives considered to avoid or
minimize resettlement or restricted access; and (iv) mechanisms established to minimize resettlement,
displacement, and restricted access, to the extent possible, during project implementation.

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Sub –task (ii): Socio-economic baseline study: The socio-economic base line study shall be conducted with the
involvement of potentially affected people and shall include the following:
(i) Current occupants of the affected area as a basis for design of the RAP and set a cut-off date, the purpose of
which is to exclude subsequent inflows of people from eligibility for compensation and resettlement
assistance;

(ii) The characteristics of displaced households, including a description of production systems, labor, and
household organization; and baseline information on livelihoods (including, as relevant, production
levels and income derived from both formal and informal economic activities) and standards of
living(including health status) of the displaced population;

(iii) Analysis of magnitude of the expected loss, total or partial, of assets, and the extent of displacement,
physical or economic;

(iv)Information on vulnerable groups or persons, for whom special provisions shall be given;and

(v) The update information on the displaced people’s livelihoods and the, provision of the latest information at
the time of their displacement to measure impacts (or changes) in their livelihood and living conditions.

Sub-task(iii) Social economic characteristic of PAPs: The consultant shall review and analyze the social
economic characteristic of PAPs to include the following aspects.
(i) Land tenure, property, and transfer systems, including an inventory of common property natural
resources from which people derive their livelihoods and sustenance, non-title-based usufruct
systems (including fishing, grazing, or use of forest areas) governed by local recognized land
allocation mechanisms,and any issues raised by different tenure systems in the sub project area;

(ii) Patterns of social interaction in the affected communities, including social support systems, and how
they will be affected by the sub-project;

(iii) Public infrastructure and social services that will be affected; and

(iv)Social and cultural characteristics of displaced communities, and their host communities, including
a description of formal and informal institutions. These may cover, for example, community
organizations; cultural, social or ritual groups; and non-governmental organizations (NGOs)
that may be relevant to the consultation strategy and to designing and implementing the
resettlement activities.

Objective of the assignment

Item Description
General objective The objective of the assignment is to carry out a Feasibility Study,
Environmental and SociaI impact Assessment, Detailed Engineering
Design, and Preparation of Tender Documents for Upgrading to dual
carriageway of the entire 62.82kmroad. The Feasibility study
shalldetermine the technical and economic feasibility of upgrading the
existing gravel/earth road to bitumen standard taking into account,
environmental and social aspects. Depending on the results of the
feasibility study, the consultant shall undertake detailed engineering
design, and preparation oftender documents for International Competitive
Bidding (ICB) or NationalCompetitive Bidding (NCB) according to the
Public Procurement Act, 2011, Public Procurement (Goods, works, Non-
Consultant services and Disposal of Public Assets by Tender)

56
 Regulations, 2013 and Public Procurement (Amendment) Act,2016.

Specific Objective The specific objectives of the assignment are:

1.To undertake the ESIA and RAP reports to conform with Laws and
Regulations of the Government of Tanzania as well as World Bank
Environmental and Social Safeguards Policies and Procedures for
Environment Assessment (OP/BP 4.01) and Involuntary Resettlement
(OP/BP 4.12) for project assigned Category A.
2.To identify and analyze all the potential significant positive and adverse
environmental and social impacts, including direct, indirect and
cumulative impacts associated with the project
3. To develop the possible measures to avoid, reduce, mitigate, manage
and/or compensate for such impacts, including the institutional
arrangements and required capacity building to implement all such
measures and monitor their effectiveness
4. To develop the Environmental and Social Management Plan (ESMP)
5. To develop the Health and Safety Management Plan (HSMP)
6. Conduct the stakeholder analysis and consultation as part of the ESIA and
RAP review,and identify who among the affected population is
particularly vulnerable to potential adverse impacts. The project should
adopt differentiated measures so that potential adverse impacts do not
fall disproportionately on the disadvantaged or vulnerable
7. To conduct public consultations and meaningful stakeholder engagement
with project-affected persons and Non-Governmental Organizations
(NGOs) about the project's environmental and social impacts, as well as
offer opportunity to receive their opinions and feedback so as to take
their views into account and reflect the issues raised into the final design
for the project.
8. To come with appropriate budget for environmental, social and, health
and safety mitigation measures for the road project.
9. To carry out site investigations to collect primary data and review
available relevant secondary data to establish a comprehensive
environmental and social base line, indicators,and data collection
methodology

10. To document all the above mitigation and development interventions in

acceptable format to be further discussed and agreed with TANROADS
and in compliance with the World Bank Safeguards Policies.
11. To develop Resettlement Action Plan (RAP) and undertake the valuation
of the affected properties

Selection Procedure
The Technical Proposal shall provide the following information using the attached Standard Forms (Section 5A):
(a)Form5A1 [Technical Proposal Submission Form] in the format of a letter, duly signed by an authorized
signatory of the Consultant;
(b) Form 5A2 [Consultant’s Organization and Experience] gives a brief description of the Consultant’s
organization and an outline of recent experience of the Consultant assignment staff/experts of and, in the
case of an association by each partner, on assignments of a similar nature. For each assignment, the
outline should indicate the names of most Sub-Consultants / Professional staff / experts who
participated, duration of the assignment, contract amount, and the Consultant’s involvement.
Information should be provided only for those assignments for which the Consultant was legally
contracted by the PE as a corporation or as one of the major firms within an association. Assignments
completed by individual Professional staff/experts working privately or through other consulting firms
cannot be claimed as the experience of the Consultant, or that of the Consultant’s associates, but can be
claimed by the Professional staff/experts themselves in their C Vs.Consultants should be prepared to
substantiate the claimed experience if so requested by the PE;
(c) Form5A3 [Comments and Suggestions on the Terms of Reference and on Counterpart Staff and Facilities to
be provided by the Client] indicating comments and suggestions that the Consultant may have on the

57
 Terms of Reference to improve performance in carrying out the assignment, any requirements for
counterpart staff and facilities including administrative support, office space, local transportation,
equipment, or data,to be provided by the Client;
(d) Form 5A4 [Description of Approach, Methodology and Work Plan for Performing the Assignment]
indicating the approach, methodology and work plan for performing the assignment covering the
following subjects: technical approach and methodology, work plan, and organization and staffing
schedule. The work plan should be consistent with the Work Schedule [Form 5A5] and should be in the
form of a bar chart showing the timing proposed for each activity;
(e) Form5A6 [Team Composition and Task Assignments] being the list of the proposed Professional staff team
by area of expertise, the position that would be assigned to each staff team member, and their tasks;
(f) Form 5A7 [Staffing Schedule] being the Estimates of the staff input (staff months of professionals)
needed to carry out the assignment. The staff-months input
(g) should be indicated separately for head office and field activities;
(h) Form5A8 [Curriculum Vitae (CV) for Each Proposed Professional Staff] being the Assignment CVs of the
Professional staff signed by the respective staff member and by the authorized representative submitting
the proposal;
(i) Form5A9 [Proposal Securing Declaration]
(j) Plus, a detailed description of the proposed methodology, staffing, and monitoring of training, if the PDS specifies
train in gas a major component of the assignment; and Any additional information that might be requested in the PDS.
The Technical Proposal shall not include any financial information

The Financial Proposal shall provide the following information using the attached Standard Forms (Section 5B):
(a) Form 5B1 [Financial Proposal Submission Form]: Financial Proposal Submission Form in the format of a
letter duly signed by an authorized signatory of the Consultant. Commissions and gratuities, if any, paid
or to be paid by Consultants and related to the assignment will be listed in the form;
(b)Form5B2 [Summary of Costs]: being the Summary of Costs against staff remuneration,reimbursable
expenses, and the taxes;
(c)Form5B3 [Breakdown of Staff Remuneration]: being the breakdown of costs against staff remuneration;
(d) Form 5B4 [Description of Approach, Methodology and Work Plan for Performing theAssignment
Breakdown of Reimbursable Expenses]: being the breakdown of costs against reimbursable expenses. A
sample list is provided in the PDS; and
(e)Form5B5 [Breakdown of Taxes]:being the estimate of the local taxes, duties, fees, levies and other charges
under the applicable law, on the Consultants, sub-Consultants and their personnel.
If appropriate, all these costs should be broken down by activity.

Scope of the Assignment

The proposal Data Sheet (PDS), issues this Request for Proposal (RFP) for the supply of services as specified in the
PDS
The National consultants are invited to submit a Technical Proposal and a Financial Proposal,or a Technical Proposal
only,as specified in the PDS.The proposal will be the basis for contract negotiations and ultimately for a signed
contract with the selected consultant
The successful consultant will be expected to complete the delivery of the service in accordance with the phasing
indicated in the PDS .When the assignment includes several phases,the performance of the consultant under each
phase must be to the Procurement Entity's satisfaction before work begins on the next phase

Consultants Personnel
Item Description
Key Staff 1. PROFESSIONAL STAFF

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 1.1. The professional staff to be provided by the Consultant is estimated at
51staff-months covered by the services of Team Leader, Highway
Engineer,Transport Economist, Soils/Materials Engineer,
Bridge/Structural Engineer,Topographical Surveyor, Hydrologist,
Environmentalist, Sociologist and Valuer.The services are anticipated to
be completed within 6 months for Phase 1 and 6months for Phase 2 from
the Contract Effective Date. The duties/responsibilities and qualifications
of the key staff are as indicated below:

i) Team Leader [1No]

The Team Leader shall be responsible for the overall management of the
project and shall be the principal contact person with the Client.
He/she must be a registered engineer with a relevant professional
regulatory body and with at least BSc in Civil Engineering. Postgraduate
qualification in Highway Engineering is an added advantage. He/she
must have a minimum of ten (10) years’ experience related to road
studies and design. He/she must have served in a similar capacity on at
least three (3) road projects of similar nature and complexity in the last
ten(10) years. He/she must have a working experience of at least three
(3) year sin sub–Saharan Africa. Proficiency in both written and spoken
English is essential.

Support Staff 1. PROFESSIONAL STAFF

1.1. The professional staff to be provided by the Consultant is estimated at

51staff-months covered by the services of Team Leader, Highway
Engineer,Transport Economist, Soils/Materials Engineer,
Bridge/Structural Engineer,Topographical Surveyor, Hydrologist,
Environmentalist, Sociologist and Valuer.The services are anticipated to
be completed within 6 months for Phase 1 and 6months for Phase 2 from
the Contract Effective Date. The duties/responsibilities and qualifications
of the key staff are as indicated below:

i) Team Leader [1No]

The Team Leader shall be responsible for the overall management of the
project and shall be the principal contact person with the Client.
He/she must be a registered engineer with a relevant professional
regulatory body and with at least BSc in Civil Engineering. Postgraduate
qualification in Highway Engineering is an added advantage. He/she
must have a minimum of ten (10) years’ experience related to road
studies and design. He/she must have served in a similar capacity on at
least three (3) road projects of similar nature and complexity in the last
ten(10) years. He/she must have a working experience of at least three
(3) year sin sub–Saharan Africa. Proficiency in both written and spoken
English is essential.
ii) Transport Economist [1No]
The Transport Economist shall conduct the economic analysis for the
entire project. He/She shall be responsible for the conduct of the
economic evaluation of the project when final construction costs are
known from the detailed engineering design to re-confirm the economic
justification of the project.
He/she shall have a minimum of BA in Economics/BSc in economics. A
postgraduate qualification in transport economics is an added advantage.
He/She must have at least ten (10) years of working experience in
carrying out socio- economic analysis of public investment projects.
He/she must have served on similar position in at least three (3)projects
of road investment studies of similar magnitude in the last ten (10)years.
He/she must have at least three (3) years working experience in Sub
Sahara Africa. He/she must have proven knowledge and experience in
use of HDM-4 model.Proficiency in both written and spoken English is

59
essential.
iii) Highway Engineer [1No.]
The Highway Engineer shall be responsible for the design of the
geometrical aspects of the road and shall be conversant in the design of
road pavement.
He/she must be a registered professional Civil Engineer with at least
BSc in Civil Engineering. Postgraduate qualification in Highway
Engineering is an added advantage. He/she must have a minimum of
ten(10) years cumulative experience in road studies and designs. He/She
must have served in a similar capacity on at least three (3) projects of
similar magnitude and complexity in the last 10 years. He/she must have
at least three(3) years working experience in Sub Sahara Africa.
Proficiency in both written and spoken English is essential.
iv) Soils / Materials Engineer [1No]
The Soils/Materials Engineer shall be responsible for conducting and
supervising the materials investigation with a view to achieving optimal
design and construction strategy. The Soils/Materials Engineer shall
carry out the pavement design and should be conversant with current
practice in testing and pavement construction techniques.
He/she must be a registered professional Engineer with a degree in
Materials, Civil Engineering or related field. A postgraduate
qualification in pavement engineering is an added advantage.He/she
must have a minimum of ten (10) years of specific experience in
pavement valuation, materials testing, soils investigation and pavement
design. He/she must have served as Soils/Materials Engineer on at least
three (3) road projects of similar magnitude and complexity in the last
ten (10) years. He/she must have at least three (3) years working
experience in Sub Sahara Africa.Proficiency in both written and spoken
English is essential.
vi) Bridge/ Structural Engineer [1No.]
The Bridge/Structural Engineer shall be responsible for the assessment
of existing bridges and design of new bridges and other structures along
the project road.
He/she must be a registered professional Engineer with at least BSc in
Bridge, Structural or Civil Engineering.Postgraduate qualification in
Bridge/Structural Engineering is an added advantage. He/she must have
a minimum of ten (10) years’ experience in studies and detailed design
of bridges/structures. He/She must have served as a Bridge/Structural
Engineer on at least three (3) bridge projects of similar magnitude and
complexity involving design of road bridges in the last 10 years.He/she
must have at least three (3) years working experience in Sub Sahara
Africa. Proficiency in both written and spoken English is essential.
vii) Topographical Surveyor [1No.]
The Topographical Surveyor shall be responsible for conducting
cadastral and topographic surveys. The surveyor shall mark all
properties to be affected by the proposed road to facilitate valuation for
compensation.
He/she must be a registered Surveyor with at least an Advance Diploma
in in Land surveying qualification. He/she must have at least eight (8)
years of cumulative experience related to Land surveying activities in
infrastructure projects. He/she must have served as a Topographical
Surveyor on at least three (3) road projects of similar magnitude and
complexity in the last ten (10) years. He/she must have at least three
(3)years working experience in Sub Sahara Africa. Proficiency in both
written and spoken English is essential.
viii) Hydrologist [1No.]
The Hydrologist shall be responsible for estimating and assessing the
relationship between rainfall, run off and soils and rock features of the
catchments along the project area with focus on surface water,including
rivers, and dams, hence, provide advice and information to

60
 Bridge/Structural Engineer on hydraulic characteristics of the
catchments along the project area.
He/she must be a registered professional Engineer with a degree in
Applied Science or related field. Postgraduate qualification in
Hydrology/Hydraulics Engineering is an added advantage. He/she must
have at least eight (8) years working experience related to water/flood
management schemes. The ability to use appropriate flood design
models is essential. He/she should have served as a Hydrologist on at
least three (3)roads projects of similar magnitude and complexity in the
last ten (10) years.He/she must have at least three (3) years working
experience in Sub Sahara Africa. Proficiency in both written and spoken
English is essential.
ix) Environmentalist [1No.]
The Environmentalist shall be responsible for carrying out an
environmental impact assessment of the project and prepare
Environmental and Social Management Plan (ESMP) in order to
minimize any negative impacts that the road upgrading will have on the
environment.
He/She must be a registered Environmental Impact Assessment Expert
with a degree in Environmental Management,Environmental
Engineering or Public Health Engineering. Post-graduate qualification in
Environmental Management or Environmental Engineering is an added
advantage. She/he must have at least ten (10) years cumulative
experience related to environmental issues. She/he must have done an
EIA of at least three(3) projects of a similar nature within the last ten
(10) years. She/he must have at least 3 years working experience in Sub
Saharan Africa. Proficiency in written and spoken English and Swahili
are mandatory.
x) Sociologist [1No.]
The Sociologist shall be responsible for conducting the social impact
assessment in the corridor of impact and prepare mitigating plans and
Resettlement Action Plan (RAP) in order to minimize any negative
impacts that the road construction will have on the people along project
area. Furthermore, the sociologist will be responsible for proposing
measures to prevent vendors from the common practice of encroaching
the roads reserves
He/She shall be a holder of a Degree in Sociology. Post graduate
qualification in Social science is an added advantage.She/he must have
at least ten (10) years cumulative experience related to social issues.
She/he must have done a SIA on at least three (3) road development
projects within the last ten (10) years. In addition, He/She must have at
least 3 years working experience in Sub-Sahara Africa. Proficiency in
both written and spoken English and Swahili are mandatory.
xi)Valuer [1No.]
The Valuer shall be responsible for conducting valuation of properties to
effect compensation of properties to be affected.
She/he must be a registered Valuer with a Bachelor degree or Advanced
Diploma in Land Management and Valuation. A postgraduate
qualification in land management and valuation is an added advantage.
She/he must have a minimum often (10) years cumulative experience in
conducting valuation of properties in infrastructure projects. She/he
must have done valuation on at least three (3)development projects
within the last 10 years. She/he must have at least 3years working
experience in Sub Saharan Africa. Proficiency in both written and
spoken English and Swahili are mandatory.
1.2. In addition to the above key staff the Consultant shall determine the Support
and Backup staff including Geo technical Engineer and Wildlife Expert
deemed necessary to assist with successful completion of the assignment.
However,their qualifications will not be considered in the evaluation of

61
 the proposals.

Staff Leave NIL

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nest-document-section-data#32a1f0a2-13e4-49ce-9f3e-a689512eb785#

SECTION 9: CONDITIONS OF CONTRACT AND CONTRACT FORMS

63
nest-document-section-data#5bf3a0b3-5625-4e1b-ba03-83ee471cb4b2#
GENERAL CONDITIONS OF THE CONTRACT
A. Preliminary Clauses

1.1 The following words and expressions shall have the meanings hereby
1. Definitions assigned to them. Boldface type is used to identify the defined terms:
a) “Client” is the party who engages the Consultant to perform the
Services. For the purpose of this contract, the client is as
indicated in the SCC.

b) “Completion” means the fulfillment of the Services by the

Consultant in accordance with the terms and conditions set
forth in the Contract.

c) “Completion Date” is the date of actual completion of the

fulfillment of the Services.

d) “Consultant” is the party (firm or individual) whose proposal to

perform the Services has been accepted by the Client and is
named as such in the Contract. The name and address of the
Consultant are as indicated in SCC.

e) “Contract” means an Agreement entered into between the Client

and the Consultant.

f) “Contract Documents” means the documents listed in the

Contract, including any amendments thereto.

g) “Day” means calendar day.

h) “Effective Date” means the date on which this Contract comes

into force and effect pursuant to GCC 18.

i) “GCC” means the General Conditions of Contract.

j) “Government” means the Government of the United Republic of

Tanzania.

k) “Intended Completion Date” is the date on which it is intended

that the Consultant shall complete the Services. The intended
date is as stipulated in SCC.

l) “JVCA” means Joint Venture, Consortium or Association

m) “Member” means in case where the Consultant consists of a
Joint Venture any of the entities that make up the joint
venture; and “Members” means all these entities.

n) “Month” means calendar month

o) “Party” means the Client or the Consultant, as the case may

be, and “Parties” means both of them. Third party means any
party other than Client as Consultant.

p) “Personnel” means professionals and support staff provided

by the Consultant or by any Sub-Consultant and assigned to
perform the Services or any part t; and “Key Personnel”
means the Personnel referred to in GCC 24.1.

q) “Project Manager” means a person named in the SCC (or any

64
 other competent person appointed by the
Employer/Consultant and notified to the
Consultant/Employer, to act in replacement of the Project
Manager) who is responsible for supervising the execution of
the assignment/services and administering the contract.

r) “Reimbursable expenses” means all assignment-related costs

other than Consultant’s remuneration.

s) “Remuneration” means all costs related to payments of fees to

the Consultant for the time spent by the professional and
other staff on assignment related activities.

t) “Sub-Consultant” means any person or entity to whom/which

the Consultant subcontracts any part of the Services.

u) “Services” means the work to be performed by the Consultant

pursuant to this Contract, as described in Appendices 1 to 7
of the Contract Agreement.

v) “Third Party” means any person or entity other than the Client
and the Consultant.

x) “In writing” means communicated in written form with proof

of receipt.

In interpreting these conditions of contract headings and marginal notes

2. Interpretation of 2.1
are used for convenience only and shall not affect the interpretations
Contract unless specifically stated; References to singular includes plural and
Documents vice versa; and masculine include the feminine. Words have their
ordinary meaning under the language of the contract unless specifically
defined.
Subject to the order of precedence set forth in the form of contract, all
2.2
documents forming the Contract (and all parts) are intended to be
correlative, complementary, and mutually explanatory.
The Government requires that Clients, as well as Consultants shall
3. Corrupt, Fraudulent, 3.1
observe the highest standard of ethics during the implementation of
Collusive or procurement proceedings and the execution of contracts under public
Coercive Practices funds.

In pursuance of this requirement, the Client shall:

3.2
(a) exclude the Consultant from participation in the procurement
proceedings concerned or reject a proposal for award; and
(b) declare the Consultant ineligible, either indefinitely or for a stated
period of time, from participation in procurement proceedings
under public fund;
if it at any time determines that the Consultant has, directly or through
an agent, engaged in corrupt, fraudulent, collusive or coercive practices
in competing for, or in executing, a contract under public fund.
3.3 Should any corrupt or fraudulent practice of any kind referred to in GCC
3.4 come to the knowledge of the Client, it shall, in the first place, allow
the Consultant to provide an explanation and shall take actions as stated
in GCC 3.2 only when a satisfactory explanation is not received. Such
exclusion and the reasons, therefore, shall be recorded in the record of
the procurement proceedings and promptly communicated to the
Consultant concerned. Any communications between the Consultant and
the Client related to matters of alleged fraud or corruption shall be in
writing or in electronic forms that provide record of the content of the
communication.

3.4 For the purposes of this Contract, the terms:

65
 (a) “corrupt practice” means offering, giving, or promising to
give, directly or indirectly, to any officer or employee of a
PE or other governmental/private authority or any individual
a gratuity in any form, an employment or any other thing or
service of value, as an inducement with respect to an act or
decision of, or method followed by, a PE in connection with
the procurement proceeding;
(b) “fraudulent practice” means a misrepresentation or omission
of facts in order to influence a procurement proceeding or
the execution of a contract to the detriment of the Client,
(c)“coercive practice” means harming or threatening to harm,
directly or indirectly, persons or their property to influence
the procurement proceedings, or affect the execution of a
contract.
(d) "collusive practice” means an arrangement between two or
more parties with or without knowledge of the other party
or parties designed to achieve an improper purpose,
including to influence improperly the action of another
party; and
e) “obstructive practice” means acts intended to materially
impede access to required information in exercising a
duty under the Act.

3.5 The parties agree that their personnel have an equal obligation not to
solicit, ask for and/or use coercive methods to obtain personal benefits
in connection with the said proceedings.
Entire Contract
4.Interpretation 4.1
The Contract constitutes the entire agreement between the Client 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.
Amendment
4.2
No amendment or other variation of the Contract shall be valid unless it
is in writing or in electronic forms that provide record of the content of
the communication, is dated, expressly refers to the Contract, and is
signed by a duly authorized representative of each party thereto.
4.3 Non-waiver
a)Subject to GCC 4.3 (b) below, no relaxation, forbearance, delay, or
indulgence by either party in enforcing any of the terms and
conditions of the Contract or the granting of time by either party to
the other shall prejudice, affect, or restrict the rights of that party
under the Contract, neither shall any waiver by either party of any
breach of Contract operate as waiver of any subsequent or
continuing breach of Contract.
(b) Any waiver of a party’s rights, powers, or remedies under the
Contract must be in writing or in electronic forms that provide
record of the content of the communication, dated, and signed by
an authorized representative of the party granting such waiver, and
must specify the right and the extent to which it is being waived.

4.4 Severability
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.

4.5 Phased completion

66
 If phased completion is indicated in the SCC, references in the GCC to
the Services, the Completion Date, and the Intended Completion Date
apply to any Phase of the Services (other than references to the
Completion Date and Intended Completion Date for the whole of the
Services).

5. Documents Forming 5.1 The following documents forming the contract shall be interpreted in the
the Contract and following order of priority:
Priority of in the following order of priority:
Documents (a) Form of Agreement;
(b) Letter of Acceptance;
(c) Special Conditions of Contract (SCC);
(d) General Conditions of Contract (GCC);
(e) The Appendices;
Appendix 1: Terms of Reference
Appendix 2: Key Experts
Appendix 3: Breakdown of Contract Price
Appendix 4: Form of Advance Payment (if applicable)
Appendix 5: Code of Conduct for Experts
Appendix 6: Reporting Requirements
Appendix 7: Duties of the Client
Appendix 8: Sexual Exploitation and Abuse (SEA) and/or Sexual
Harassment (SH) Performance Declaration
(f) Any other documents stated in the SCC.

6. Eligibility 6.1 The Consultant and its Sub-Consultants shall have the nationality of a
country, other than stated in SCC.

6.2 All materials, equipment, plant, and supplies used by the Consultant and
services supplied under the Contract shall have their origin in the
countries, except stated in the SCC.

7. Governing Language 7.1 The Contract as well as all correspondence and documents relating to the
Contract exchanged between the Consultant and the Client, shall be
written in the English language unless otherwise in stated in SCC.
Supporting documents and printed literature that are part of the Contract
may be in another language provided these are accompanied by an
accurate translation of the relevant passages in English, in which case,
for purposes of interpretation of the Contract, this translation shall
govern.

7.2 The Consultant shall bear all costs of translation to the governing
language and all risks of the accuracy of such translation.

8. Applicable Law 8.1 The Contract shall be governed by and interpreted in accordance with
the laws of Tanzania.

9. Contractual Ethics 9.1 No fees, gratuities, rebates, gifts, commissions or other payments, other
than those shown in the proposal or the contract, shall have been given
or received in connection with the selection process or in the contract
execution.

10. Joint Venture, 10.1 If the Consultant is a Joint Venture, consortium, or association, (this
Consortium or does not include sub consultancy) all of the parties shall sign the
Association (JVCA) Contract Agreement and be jointly and severally liable to the Client for
the fulfilment of the provisions of the Contract and shall designate one
party to act as a Member-in-Charge with authority to bind the joint
venture, consortium, or association. The composition or the constitution
of the Joint Venture, consortium, or association shall not be altered
without the prior consent of the Client.

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11. Communications 11.1 Communications between Parties (notice, request or consent required or
and Notices permitted to be given or made by one party to the other) pursuant to the
Contract shall be in writing or in electronic forms that provide record of
the content of the communication to the addresses as indicated in SCC.

11.2 A notice, request or consent shall be effective when delivered in person

to an authorized representative of the Party to whom the communication
is addressed, or when sent to such Party at the address specified in the
GCC 11.1.

11.3 A Party may change its address for notice hereunder by giving the other
Party notice of such change to the address specified in the SCC.

12. Assignment 12.1 Neither the Client nor the Consultant shall assign, in whole or in part,
their obligations under this Contract.

13. Relation between 13.1 Nothing contained herein shall be construed as establishing a relation of
the Parties master and servant or of principal and agent as between the Client and
the Consultant. The Consultant, subject to this Contract, has complete
charge of Personnel and Sub-Consultants, if any, performing the
Services and shall be fully responsible for the Services performed by
them or on their behalf hereunder.

14. Site 14.1 The Services shall be performed at such locations as indicated in SCC or
as indicated in Appendix 1, to the Contract and, where the location of a
particular task is not so specified, at such locations as the Client may
approve.

15. Authority of 15.1 In case the Consultant consists of a JVCA of more than one entity, the
Member in Charge Members hereby authorize the Member in Charge to be as indicated in
SCC who shall act on their behalf in exercising all the Consultant’s
rights and obligations towards the Client under this Contract, including
without limitation the receiving of instructions and payments from the
Client.

16. Authorized 16.1 Any action required or permitted to be taken, and any document
Representatives required or permitted to be executed under this Contract by the Client or
the Consultant may be taken or executed by duly authorized
representatives, for the Client as indicated in SCC and for the Consultant
as indicated in SCC.

17. Taxes and Duties 17.1 The Consultant, Sub-Consultants and their Personnel shall pay such
taxes, duties, fees and other impositions as may be levied under the
Governing Law, the amount of which is deemed to have been included
in the Contract Price.

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B. Commencement, Completion and Modification of Contract

18. Effectiveness of 18.1 The Contract shall come into force and effect on the date (the “Effective
Contract Date”) of the Client’s notice to the Consultant instructing the Consultant
to begin carrying out the Services. This notice shall confirm that the
effectiveness conditions, if any as indicated in SCC have been met.

19. Termination of 19.1 If the Contract has not become effective within such time period after
Contract for the date of the Contract signature by the Parties as specified in SCC,
Failure to Become either Party may, by not less than twenty-one (21) days written notice to
the other Party, declare this Contract to be null and void, and in the event
Effective of such a declaration by either Party, neither Party shall have any claim
against the other Party with respect hereto.

20. Commencement of 20.1 The Consultant shall begin carrying out the Services not later than the
Services number of days after the Effective Date that specified in SCC.

21. Expiration of 21.1 Unless terminated earlier pursuant to GCC 66 [Termination for Default],
Contract GCC 67 [Termination for Insolvency], GCC 68 [Termination for
Convenience], and GCC 69 [Termination because of Force Majeure],
this Contract shall expire at the end of such time period after the
Effective Date that is stated in SCC.

22. Modifications or 22.1 Any modification or variation of the terms and conditions of the
Variations Contract, including any modification or variation of the Scope of the
Services, may only be made by written agreement between the Parties.
Pursuant to GCC 51.1 [Payments General], however, each Party shall
give due consideration to any proposals for modification or variation
made by the other Party.

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C. Consultant’s Personnel and Sub-Consultants

23. General 23.1 The Consultant shall employ and provide such qualified and experienced
Personnel and Sub Consultants as are required to carry out the Services.

24. Description of 24.1 The title agreed job description, minimum qualification, and estimated
Personnel period of engagement in the carrying out of the Services of each of the
Consultant’s Key Personnel are described in Appendix 2, to the contract.
If any of the Key Personnel has already been approved by the Client’s
name shall be listed in Appendix 2.

24.2 If required to comply with the provisions of GCC 27 [Removal and/or

Replacement of Personnel], adjustments with respect to the estimated
periods of engagement of Key Personnel set forth in Appendix 2 to the
contract may be made by the Consultant by written notice to the Client,
provided:
(a) that such adjustments shall not alter the original estimated
period of engagement of any individual by more than
10% or one week, whichever is the larger;
(b) that the aggregate of such adjustments shall not cause
payments under this Contract to exceed the ceilings set
forth in GCC 50.2 [Cost Estimate of Services; Ceiling
Amount]; and
(c) any other such adjustments shall only be made with the
Client’s written approval.

24.3 If additional work is required beyond the Scope of the Services specified
in Appendix 1 to the contract, the estimated periods of engagement of
Key Personnel set forth in Appendix 2 may be increased by agreement in
writing or in electronic forms that provide a record of the content of the
communication between the Client and the Consultant. In case that will
cause payments under the Contract to exceed the ceilings set forth in
GCC 50.2 [Ceiling Amount] of this Contract, this will be explicitly in the
Contract.

25. Approval of 25.1 The Client hereby approves the Key Personnel and Sub Consultants
Personnel listed by title as well as by name in Appendix 2 to the contract. In respect
of other Personnel that the Consultant proposes to use in the carrying out
of the Services, the Consultant shall submit to the Client for review and
approval a copy of their Curricula Vitae (CVs). If the Client does not
object in writing or in electronic forms that provide record of the content
of the communication (stating the reasons for the objection) within
twenty-one (21) days from the date of receipt of such CVs, such
Personnel shall be deemed approved by the Client.

26. Working Hours, 26.1 Working hours and holidays, entitlement of leave and overtime, etc. for
Overtime, Leave & Key Personnel are set forth in Appendix 3 to the Contract.
Holidays
26.2 The Key Personnel shall not be entitled to be paid for overtime nor to
take paid sick leave or vacation leave, except as specified in Appendix 3
to the contract and except as specified in such Appendix 3, the
Consultant’s remuneration shall be deemed to cover these items.

27. Removal and/or 27.1 Except as the Client may otherwise agree, no changes shall be made in
Replacement of the Personnel. If, for any reason beyond the reasonable control of the
Personnel Consultant, it becomes necessary to replace any of the Personnel, the
Consultant shall forthwith provide as a replacement a person of
equivalent or better qualifications acceptable to the Client.

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

27.3 In the event that any Sub-Consultant is found by the Client to be

incompetent or incapable of discharging the assigned duties, the Client
may request and the Consultant shall provide a replacement, with
qualifications and experience acceptable to the Client, or to resume the
performance of the Services itself.

27.4 Any of the Personnel provided as a replacement under GCC 27.1 and
27.2, the rate of remuneration applicable to such person as well as any
reimbursable expenses, the Consultant may wish to claim as a result of
such replacement, shall be subject to the prior written approval by the
Client. Except as the Client may otherwise agree,
a) the Consultant shall bear all additional travel and other costs arising
out of or incidental to any removal and/or replacement, and
b) the remuneration to be paid for any of the Personnel provided as a
replacement shall not exceed the remuneration which would
have been payable to the Personnel replaced.

28. Project Manager 28.1 The Consultant shall ensure that at all times during the Consultant’s
performance of the Services a Project Manager, acceptable to the
Client, as specified in the SCC, shall take charge of the operations
of the personnel and performance of such Services.

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D. Obligations of the Consultant

29. Standard of 29.1 The Consultant shall perform the Services and carry out its
Performance obligations hereunder with all due diligence, efficiency and economy,
in accordance with generally accepted professional standards and
practices, and shall observe sound management practices, and employ
appropriate technology and safe and effective equipment, machinery,
materials and methods. The Consultant shall always act, in respect of
any matter relating to this Contract or to the Services, as faithful
advisers to the Client, and shall at all times support and safeguard the
Client’s legitimate interests in any dealings with Sub Consultants or
Third Parties.

30. Law Governing 30.1 The Consultant shall perform the Services in accordance with the
Services Applicable Law and shall take all practicable steps to ensure that any
Sub Consultants, as well as the Personnel of the Consultant and any
Sub Consultants, comply with the Applicable Law.

31. Conflict of Interests 31.1 The Consultant shall hold the Client’s interests paramount, without
any consideration for future work, and strictly avoid conflict with
other assignments or their own corporate interests.

32. Consultant Not to 32.1 The Consultant shall not accept for their own benefit any trade
Benefit from Com- commission, discount or similar payment in connection with
missions, Discounts activities pursuant to this Contract or in the discharge of their
obligations hereunder, and the Consultant shall use their best efforts
to ensure that any Sub Consultants, as well as the Personnel and
agents of either of them, similarly shall not receive any such
additional remuneration.

32.2 Furthermore, if the Consultant, as part of the Services, have the

responsibility of advising the Client on the procurement of goods,
works or services, the Consultant shall at all times exercise such
responsibility in the best interest of the Client. Any discounts or
commissions obtained by the Consultant in the exercise of such
procurement responsibility shall be for the account of the Client.

33. Consultant and 33.1 The Consultant agrees that, during the term of this Contract and after
Affiliates not to its termination, the Consultant and any entity affiliated with the
Engage in Certain Consultant, as well as any Sub-Consultant and any entity affiliated
with such Sub-Consultant, shall be disqualified from providing
Activities goods, works or services (other than consulting services) for any
project resulting from or closely related to the Services.

34. Prohibition of 34.1 The Consultant shall not engage, and shall cause their Personnel as
Conflicting well as their Sub-Consultants and their Personnel not to engage,
Activities either directly or indirectly, in any business or professional activities
in Tanzania that would conflict with the activities assigned to them
under this Contract.

35. Confidentiality 35.1 Except with the prior written consent of the Client, the Consultant
and the Personnel shall not at any time communicate to any person or
entity any confidential information acquired in the course of the
Services, nor shall the Consultant and the Personnel make public the
recommendations formulated in the course of, or as a result of, the
Services. For purposes of this section, “confidential information”
means any information or knowledge acquired by the Consultant
and/or their Personnel arising out of, or in connection with, the
performance of the Services under this Contract that is not otherwise
available to the public.

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36. Liability of the 36.1 The Consultant shall be responsible for, and shall indemnify the
Consultant Client, in respect of loss of or damage to equipment and materials
furnished by the Client, or purchased by the Consultant in whole or
in part with funds provided by the Client.

36.2 The Consultant undertakes full responsibility in respect of life,

health, and accidents for the Personnel.

36.3 The Consultant shall indemnify the Client from and against any and
all claims, liabilities, obligations, losses, damages, penalties, actions,
judgment, suits, proceedings, demands, costs, expenses and
disbursements of whatsoever nature that may be imposed on, incurred
by or asserted against the Client during or in connection in the
Services by reason of:
(a) infringement or alleged infringement by the Consultant of any
patent or other protected right; or
(b) plagiarism or alleged plagiarism by the Consultant.

36.4 The Consultant shall ensure that all goods and services (including but
without limitation to all computer hardware, software and systems)
procured by the Consultant out of funds provided or reimbursed by
the Client or used by the Consultant in the carrying out of the
Services do not violate or infringe any industrial property or
intellectual property right or claim of any third party.

36.5 The Consultant shall indemnify, protect and defend at their own
expense the Client, and its agents and employees from and against
any and all actions, claims, losses or damages arising out of
Consultant’s failure to exercise the skill and care required under GCC
29 [Standard of Performance] provided:
(a) that the Consultant is notified of such actions, claims, losses or
damages not later than the period indicated in the SCC after
conclusion of the Services.
(b) that the ceiling on the Consultant’s liability under GCC 29
shall be limited to the amount indicated in the SCC, except
that such ceiling shall not apply to actions, claims, losses or
damages caused by Consultant’s gross negligence or reckless
conduct; and
(c) that the Consultant’s liability under GCC 29 shall be limited to
actions, claims, losses or damages directly caused by such
failure to exercise the said skill and care, and shall not
include liability for any actions, claims, losses or damages
arising out of occurrences incidental or indirectly
consequential to such failure.

36.6 In addition to any liability the Consultant may have under GCC 29,
the Consultant shall, at their own cost and expense, upon request of
Client, re-perform the Services in the event of Consultant’s failure to
exercise the skill and care required under GCC 29.

36.7 Notwithstanding the provisions of GCC 36.1, the Consultant shall

have no liability whatsoever for actions, claims, losses or damages
occasioned by: (i) Client’s overriding a decision or recommendation
of the Consultant or requiring the Consultant to implement a decision
or recommendation with which Consultant do not agree; or (ii) the
improper execution of the Consultant’s instructions by agents,
employees or independent contractors of the Client.

37. Insurance to be 37.1 The Consultant

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 taken out by the (a) shall take out and maintain, and shall cause any Sub-
Consultant Consultants to take out and maintain, at their (or the Sub-
Consultants’, as the case may be) own cost, but on terms and
conditions approved by the Client, insurance against the
risks, and for the coverage of:
i)Third Party motor vehicle liability insurance in respect of motor
vehicles operated in Tanzania by the Consultant or their
Personnel or any Sub-Consultants or their Personnel, with a
minimum coverage of amount stated SCC.
ii) Third Party liability insurance, with a minimum coverage of
amount stated SCC.
iii) Professional Liability insurance, with a minimum coverage of
amount stated SCC;
iv) Client’s Liability and Workers’ Compensation insurance in
respect of the Personnel of the Consultant and of any Sub-
Consultant, in accordance with the relevant provisions of the
Applicable Law, as well as, with respect to such Personnel,
any such life, health, accident, travel, or other insurance as
may be appropriate amount stated SCC; and
v). insurance against loss of or damage to (a) equipment purchased
in whole or in part with funds provided under this Contract,
(b) the Consultant’s property used in the performance of the
Services, and (c) any documents prepared by the Consultant
in the performance of the Services amount stated SCC.
(b) at the Client’s request, shall provide evidence to the Client
showing that such insurance has been taken out and
maintained and that the current premiums therefore have
been paid.

38. Accounting, 38.1 The Consultant shall:

Inspection and (a) keep accurate and systematic accounts and records in respect of
Auditing the Services hereunder, in accordance with internationally
accepted accounting principles and in such form and detail
as will clearly identify all relevant time changes and costs,
and the bases; and
(b) periodically permit the Client or its designated representative
or the development partner’s representative (when
applicable), and up to two (2) years from the expiration or
termination of this Contract, to inspect the same and make
copies as well as to have them audited by auditors appointed
by the Client, if so required by the Client as the case may
be.

38.2 The Consultant shall furnish the Client with such information relating
to the Services as the Client may from time to time reasonably
request.

39. Consultant’s 39.1 The Consultant shall obtain the Client’s prior approval in writing or
Actions Requiring in electronic forms that provide record of the content of the
Client’s Prior communication before taking any of the following actions:
Approval (a) Any change or addition to the Personnel listed in Appendix 2 to
the Contract;
(b) Any sub-contract work relating to the Services to an extent and
with such specialists and entities as may be approved; and
(c) Any other action as specified in the SCC.

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 39.2 Notwithstanding any approval under GCC 39.1(b), the Consultant
shall remain fully liable for the performance of Services by the Sub-
Consultant and its personnel and retain full responsibility for the
Services. In the event that any Sub-Consultant is found by the Client
to be incompetent or incapable in discharging assigned duties, the
Client may request and the Consultant shall provide a replacement,
with qualifications and experience acceptable to the Client, or to
resume the performance of the Services itself.

40. Reporting 40.1 The Consultant shall submit to the Client the reports and documents
Obligations specified in Appendix 6 to the Contract hereto, in the form, in the
numbers and within the time periods set forth in Appendix 6. Final
reports shall be delivered in electronic forms acceptable to the client
as specified in Appendix 6.

41. Proprietary Rights 41.1 All plans, maps, diagrams, drawings, specifications, designs,
on Documents statistics, reports, other documents, data and software compiled or
Prepared by the prepared by the Consultant for the Client under this Contract shall
become and remain the absolute property of the Client, and the
Consultant Consultant shall, not later than upon termination or expiration of this
Contract, deliver all such documents to the Client, together with a
detailed inventory. The Consultant may retain a copy of such
documents and software and use such software for their own use with
the prior written approval of the Client.

41.2 If license agreements are necessary or appropriate between the

Consultant and third parties for purposes of the development of any
such of the plans, drawings, specifications, designs, database, other
documents and software, the Consultant shall obtain the Client’s
prior written approval to such agreements, and the Client shall be
entitled, at its sole discretion, to require recovering the expenses
related to the development of the program(s) concerned. Other
restrictions about the future use of these documents and software if
any shall be specified in the SCC.

42. Proprietary Rights 42.1 Equipment, tools and materials made available to the Consultant by
on Equipment and the Client, or purchased by the Consultant wholly or partly with
Materials funds provided by the Client, shall be the property of the Client and
shall be marked accordingly.
Furnished by the
Client. 42.2 Upon termination or expiration of this Contract, the Consultant shall
make available to the Client an inventory of such equipment and
materials and shall dispose of such equipment and materials in
accordance with the Client’s instructions.

42.3 While in possession of such equipment and materials, the Consultant,

unless otherwise instructed by the Client in writing or in electronic
forms that provide record of the content of the communication, shall
insure them at the expense of the Client in an amount equal to their
full replacement value.

43. Performance 43.1 The Performance Security or Performance Securing Declaration and
Securities Environmental and Social (ES) Performance Security in the form and amount
as stated in the SCC shall be provided to the Client no later than the
date specified in the Letter of Acceptance.

43.2 The Consultant shall provide at his cost a Performance Security or

Performance Securing Declaration, and Environmental and Social
(ES) Performance Security, to guarantee the faithful performance of
the Consultant’s obligations under this Contract. The performance
security, and if required, the Environmental and Social (ES)
Performance Security, shall be payable to the Client as compensation

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 for any loss resulting from the Consultant’s failure to complete its
obligations under this Contract.

43.3 The Performance Security or Performance Securing Declaration, and if

required, the Environmental and Social (ES) Performance Security,
shall be discharged by the Client and returned to the Consultant not
later than twenty eight (28) days following the date of completion of
the Consultant’s performance obligations and issuance of a certificate
to that effect under this Contract.

43.4 In the case of Performance Securing Declaration, it shall remain in

force until the completion of the works, and in the event the
Consultant failing to execute the Contract, the Client, following the
termination of the contract, shall initiate the blacklisting process with
the Public Procurement Regulatory Authority.

44. Liquidated 44.1 If the Consultant fails to deliver any or all of the Services within the
Damages period(s) specified in this Contract, the Client shall, without
prejudice to its other remedies under this Contract and under the
Applicable Law, deduct from the Contract Price, as liquidated
damages, a sum equivalent to one-tenth of one percent of the price of
the unperformed portion of the Services for each day of delay based
on the approved contract schedule up to a maximum deduction of an
amount equivalent to the Performance Guarantee. Where the sum of
liquidated damages exceeds an equivalent to the Performance
Guarantee, the Client shall automatically terminate the Contract,
without prejudice to other courses of action and remedies open to it.

44.2 The Client shall terminate the contract and then forfeit the
Consultant’s Performance Security and take over the execution of the
contract or award the same to a qualified Consultant through
negotiation, if the delay in the completion of the services exceeds ten
(10%) percent of the specified contract time plus any time extension
duly granted to the Consultant.

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E. Obligations of the Client

45. Assistance and 45.1 The Client shall use its best efforts to ensure that the
Exemptions Government shall:
(a) Provide the Consultant, Sub-Consultants and Personnel with
documents as shall be necessary to enable the Consultant, Sub-
Consultants or Personnel to perform the Services;
(b) issue to officials, agents and representatives of the Government all
such instructions as may be necessary or appropriate for the
prompt and effective implementation of the Services;
(c) assist the Consultant in obtaining necessary licenses and permits
needed to carry out the services; and
(d) provide to the Consultant, Sub-Consultants and Personnel any such
other assistance as specified in SCC.

46. Access to project 46.1 The Client warrants that the Consultant shall have, free of
site charge, unimpeded access to all land in respect of which
access is required for the performance of the Services.
The Client shall, however, be responsible for any damage
to such site or any property thereon resulting from such
access, and will indemnify the Consultant and each of the
Personnel in respect of liability for any such damage,
unless such damage is caused by the default or negligence
of the Consultant or any Sub Consultant or the Personnel
of either of them.

47. Change in the 47.1 If, after the date of signing of the Contract, and during the
Applicable Law performance of the Contract, there is any change in the
Related to Taxes Applicable Law with respect to taxes and duties which
and Duties increases or decreases the cost incurred by the Consultant
in performing the Services, then the amounts otherwise
payable to the Consultant under this Contract shall be
increased or decreased accordingly by agreement between
the Parties hereto, and corresponding adjustments shall be
made to the ceiling amount specified in GCC 50.2.

48. Services, 48.1 The Client shall make available to the Consultant and the
Facilities and Personnel, for the purposes of the Services and free of
Property of the any charge, the services, facilities and property described
Client in Appendix 7 to the contract at the times and in the
manner specified in said Appendix 7.

48.2 In case that such services, facilities and property shall not
be made available to the Consultant as and when
specified in Appendix 7 to the contract, the Parties shall
agree on (i) any time extension that it may be appropriate
to grant to the Consultant for the performance of the
Services, (ii) the manner in which the Consultant shall
procure any such services, facilities and property from
other sources, and (iii) the additional payments, if any, to

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 be made to the Consultant as a result pursuant to GCC
50.3.

49. Counterpart 49.1 The Client shall make available to the Consultant free of
Personnel charge such professional and support counterpart
personnel, to be nominated by the Client with the
Consultant’s advice, if specified in Appendix 7 to the
contract. For the purpose of this Contract, a “Counterpart
Staff/Personnel” means a person hired/nominated by the
Client to work with the Consultant.

49.2 If counterpart personnel are not provided by the Client to

the Consultant as and when specified in Appendix 7, the
Client and the Consultant shall agree on:
(a) how the affected part of the Services shall be carried out, and
(b) the additional payments, if any, to be made by the Client to the
Consultant as a result pursuant to GCC 51.2.

49.3 Professional and support counterpart personnel, excluding

Client’s liaison 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 that is
consistent with the position occupied by such member,
the Consultant may request the replacement of such
member, and the Client shall not unreasonably refuse to
act upon such request.

49.4 The Authorised Representative from the Client as

specified in GCC 16.1 shall be the Client’s
Representative responsible for the coordination of
activities under the Contract, for receiving and approving
invoices for payment, and for acceptance of the deliveries
by the Client.

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F. Payments to the Consultants
50.1 An estimate of the cost of the Services is set forth in Appendix 3 to
50. Cost Estimate of the contract.
Services: Ceiling
Amount 50.2 Except as may be otherwise agreed under GCC 22 [Modifications or
Variations] and subject to GCC 50.3, payments under this Contract
shall not exceed the ceiling stated in SCC.

50.3 Notwithstanding GCC 51.2, if pursuant to any of the GCC 48, GCC
49 or GCC 51, the Parties shall agree that additional payments as the
case may be, shall be made to the Consultant in order to cover any
necessary additional expenditures not envisaged in the cost estimate
referred to in GCC 50.1, the ceiling set forth in GCC 50.2 shall be
increased by the amount of any such additional payments.

51. Payments: General 51.1 All payments under this Contract shall be made to the account of the
Consultant as stated in SCC.

51.2 With the exception of the final payment under GCC 57,
payments do not constitute acceptance of the Services
nor relieve the Consultant of any obligations hereunder.
52. Lump Sum 52.1 Subject to the ceiling specified in GCC 50.2, the Client shall pay to
Remuneration the Consultant total remuneration which shall be a fixed lump-sum
including all staff costs, sub-consultants costs, reimbursable, and all
other costs incurred by the Consultant in carrying out the Services
described in Appendix 1. The contract price may only be increased
above the amounts stated in GCC 50.2, if the Parties have agreed to
additional payments in accordance with GCC 22.1.

53. Modes of Payment 53.1 Payments in respect of the Services shall be made as specified in
GCC 54 to 57.

54. Currency of payments 54.1 The currency of payments shall be as indicated in SCC.

55. Advance Payment 55.1 Advance Payment shall be made to the Consultant, of the amount
specified in SCC and within the period stated in SCC after the
Effective Date. The advance payment shall be made against the
provision of a Bank Guarantee by the Consultant which shall:
(a)remain effective until the Advance Payment has been fully
offset; and
(b)be in the format as shown in Contract Form 4.

55.2 The Advance Payment will be offset by the Client in equal

instalments against the statements for the number of months of the
Services that is specified in SCC until said Advance Payment has
been fully offset.

56.1 Payment will be made according to schedule specified in SCC

56. Interim Payments subject to the provision of advance payment stated in GCC 55
[Advance Payment]. Any other payment shall be made as specified
in SCC for such payment have been met, and the Consultant has
submitted an invoice to the Client specifying the amount due.

56.2 The Client shall pay the Consultant within thirty (30) days after the
receipt by the Client of the invoices with supporting documents.
Only such portion of a statement that is not satisfactorily supported

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 may be withheld from payment.

56.3 Should any discrepancy be found to exist between actual payment

and costs authorized to be incurred by the Consultant, the Client may
add or subtract the difference from any subsequent payments.

57. Final Payment 57.1 The final payment under this Clause shall be made only after the
final report and a final statement, identified as such, shall have been
submitted by the Consultant and approved as satisfactory by the
Client. .

57.2 The Services shall be deemed completed and finally accepted by the
Client and the final report and final statement shall be deemed
approved by the Client as satisfactory sixty (60) days after receipt of
the final report and final statement by the Client unless the Client,
within such sixty (60) days period, gives written notice to the
Consultant specifying in detail deficiencies in the Services, the final
report or final statement.

57.3 The Consultant shall thereupon promptly make any necessary

corrections, and thereafter the foregoing process shall be repeated
until such time as the final report and the final statement have been
approved by the Client

58. Suspension of Payments 58.1 The Client may, by written notice of suspension to the Consultant,
suspend all or part of the payments to the Consultant hereunder if the
Consultant fails to perform any of its obligations under this Contract,
including the carrying out of the Services, provided that such notice
of suspension:
(a) shall specify the nature of the failure, and
(b) shall request the Consultant to remedy such failure within a period
not exceeding thirty (30) days after receipt by the Consultant of
such notice of suspension.

59. Interest on Delayed 59.1 If the Client delays payments beyond the due date, interest shall be
Payments paid to the Consultant on any amount due by, not paid on, such due
date for each day of delay at the annual rate shall be as specified in
SCC.

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G. Time Control
60. The Services to 60.1 The Consultant shall carry out the Services in
Be Completed by accordance with the Programme submitted by the
the Intended Consultant, as updated with the approval of the Client
Completion Date and complete them by the Intended Completion Date.

61. Early Warning 61.1 If at any time during execution of the Contract, the
Consultant or its Sub-Consultants should encounter
events, circumstances conditions that may adversely
affect the quality of the work, increase the cost of
Services or delay the execution of the Services, the
Consultant shall promptly notify the Client in writing or
in electronic forms that provide record of the content of
the communication of the delay, it’s likely duration, and
its cause.

61.2 As soon as practicable after receipt of the Consultant’s

notice, the Client shall evaluate the situation, and the
Consultant shall cooperate with the Client in making and
considering proposals for how the effect of such an event
or circumstance can be avoided or reduced.

62. Extension of the 62.1 In the event the Consultant is unable to complete the
Intended assignment by the Intended Completion Date he may
Completion Date request the Client to extend the Intended Completion
Date by giving reasons. The Client shall extend the
Intended Completion Date if the reasons given by the
Consultant are found acceptable. The Client shall,
however, decide by how much to extend the Intended
Completion Date with or without cost.

63. Progress 63.1 The Client and the Consultant shall arrange progress
Meetings meetings at regular intervals to review the progress of
services. The meeting may review the plans for dealing
with matters raised in accordance with the early
warning procedure.

63.2 The Client shall record the business of progress

meetings and provide copies of the minutes to those
attending the meeting and to the Consultant for action.
The Minutes and records under this sub-clause shall be
signed by the Parties

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H. Good Faith and Fairness in Operation
64. Good Faith 64.1 The Parties undertake to act in good faith with respect to each other’s
rights under this Contract and to adopt all reasonable measures to ensure
the realization of the objectives of this Contract.
The Parties recognize that it is impractical in the Contract to provide
65.2 for every contingency which may arise during the life of the Contract,
65. Fairness in
Operation and the Parties hereby agree that it is their intention that this Contract
shall operate fairly as between them, and without detriment to the
interest of either of them.
65.2 If during the term of this Contract either Party believes that this
Contract is operating unfairly, the Parties will use their best efforts to
agree on such action as may be necessary to remove the cause or
causes of such unfairness, but no failure to agree on any action
pursuant to this Clause shall give rise to a dispute subject to
arbitration in accordance with GCC 75 [Settlements of Disputes].

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I. Termination and Settlement of Disputes

66. Termination for 66.1 The Client or the Consultant, without prejudice to any
Default other remedy for breach of Contract, by notice of
default sent to the other party, may terminate the
Contract in whole or in part if the other party causes a
fundamental breach of contract. In such an
occurrence one party shall give not less than thirty
(30) days’ written notice of termination to the other
party.

66.2 Where a contract is for a period of less than 90 days,

one party shall give written notice of termination to
the other party by not less than days specified in
SCC.

66.3 Fundamental breaches of the contract shall

include but shall not be limited to, the following:
(a) If the Consultant fails to remedy a failure in the performance of
their obligations hereunder, as specified in a notice of
suspension pursuant to GCC 58 [Suspension of Payments],
within thirty (30) days of receipt of such notice of
suspension or within such further period as the Client may
have subsequently approved in writing or in electronic forms
that provide record of the content of the communication;
(b) If the Consultant submits to the Client a statement which has a
material effect on the rights, obligations or interests of the
Client and which the Consultant knows to be false;
(c) If the Consultant, in the judgment of the Client, has engaged in
corrupt or fraudulent practices in procurement proceedings
or executing this Contract;
(d) Without prejudice to any other remedy, if the Consultant or the
Client fails to comply with any final decision reached as a
result of arbitration proceedings pursuant to GCC 75.2
[Settlements of Disputes];
(e) If the Client fails to pay any money due to the Consultant
pursuant to this Contract and not subject to dispute pursuant
to GCC 75.2 [Settlements of Disputes] within forty-five (45)
days after receiving written notice from the Consultant that
such payment is overdue; or
(f) If the Client is in material breach of its obligations pursuant to
this Contract and has not remedied the same within forty-
five (45) days (or such longer period as the Consultant may
have subsequently approved in writing or in electronic forms
that provide record of the content of the communication)
following the receipt by the Client of the Consultant’s notice
specifying such breach.

67. Termination for 67.1 The Client and the Consultant may at any time
Insolvency terminate the Contract by giving notice to the
other party if:
(a) the Client becomes bankrupt or otherwise insolvent; or

83
 (b) the Consultant becomes (or, if the Consultant consist of more
than one entity, if any of its Members becomes) insolvent or
bankrupt or enter 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.
In such event, termination will be without compensation to any party,
provided that such termination will not prejudice or affect any right
of action or remedy that has accrued or will accrue thereafter to the
other party.

68. Termination for 68.1 The Client, by notice sent to the Consultant may, in
Convenience its sole discretion and for any reason whatsoever,
terminate the Contract, in whole or in part, at any
time for its convenience. The notice of termination
shall specify that termination is for the Client’s
convenience, the extent to which performance of the
Consultant under the Contract is terminated, and the
date upon which such termination becomes effective.

69. Termination because 69.1 The Client and the Consultant may at any time
of Force Majeure terminate the Contract by giving notice to the other
party if, as the result of Force Majeure, the
Consultant is unable to perform a material portion of
the Services for a period of not less than sixty (60)
days.

69.2 For the purposes of this Contract, “Force Majeure”

means an event which is beyond the reasonable
control of a Party, is not foreseeable, is unavoidable,
and its origin is not due to negligence or lack of care
on the part of a Party, and which makes a Party’s
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, epidemics, 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.

69.3 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-Consultants or agents
or employees, or
(b) Any event which a diligent Party could reasonably have been
expected both to take into account at the time of the
conclusion of this Contract and avoid or overcome in the
carrying out of its obligations hereunder.

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 (c) insufficiency of funds or failure to make any payment required
hereunder

69.3 The failure of a Party to fulfil any of its obligations

hereunder shall not be considered to be a breach of,
or default under, this 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
this Contract.

70. Measures to be 70.1 A Party affected by an event of Force Majeure shall

Taken on Force continue to perform its obligations under the
Majeure Contract as far as is reasonably practical and shall
take all reasonable measures to minimize the
consequences of any event of Force Majeure.
A Party affected by an event of Force Majeure shall notify the other
70.2 Party of such event as soon as possible, and in any case 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 written notice of the restoration of normal conditions
as soon as possible.

70.3 Any period within which a Party shall, pursuant to

this Contract, complete any action or task, shall be
extended for a period equal to the time during which
such Party was unable to perform such action as a
result of Force Majeure.

70.4 During the period of their inability to perform the

Services as a result of an event of Force Majeure,
the Consultant, upon instructions by the Client,
shall either:
(a) demobilize, in which case the Consultant shall be reimbursed
for additional costs they reasonably and necessarily incurred,
and, if required by the Client, in reactivating the Services; or
(b) continue with the Services to the extent possible, in which case
the Consultant shall continue to be paid under the terms of
this Contract and be reimbursed for additional costs
reasonably and necessarily incurred.

71. Cessation of Rights 71.1 Upon termination of the Contract pursuant to

and Obligations GCC 19 [Termination of Contract for Failure to
Become Effective], GCC 66 [Termination for
Default], GCC 67 [Termination for Insolvency],
GCC 68 [Termination for Convenience] and GCC
69 [Termination because of Force Majeure], or
upon expiration of this Contract pursuant to
GCC 21 [Expiration of Contract], all rights and
obligations of the Parties hereunder shall cease,
except

85
 (a)such rights and obligations as may have accrued on the date of
termination or expiration;
(b)the obligation of confidentiality set forth in GCC 35;
(c) the Consultant’s obligation to permit inspection, copying and
auditing of their accounts and records set forth in GCC 38;
and
(d)any right which a Party may have under the Applicable Law.

72. Cessation of Services 72.1 Upon termination of the Contract by notice of either
Party to the other pursuant to CC 66 [Termination
for Default], CC 67 [Termination for Insolvency],
CC 68 [Termination for Convenience] or CC 69
[Termination because of Force Majeure], 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 Client, the Consultant shall proceed as
provided, respectively, by CC 41 [Proprietary Rights
on Documents Prepared by the Consultant] or CC 42
[Proprietary Rights on Equipment and Materials
Furnished by the Client].
73. Payment upon 73.1 Upon termination of the Contract pursuant to
Termination GCC 66 [Termination for Default], GCC 67
[Termination for Insolvency], GCC 68
[Termination for Convenience] or GCC 69
[Termination because of Force Majeure], the
Client shall make the following payments to the
Consultant:
(a) remuneration pursuant to GCC 53.2 for Services satisfactorily
performed prior to the effective date of termination, and
reimbursable expenditures pursuant to GCC 53.3 for
expenditures actually incurred prior to the effective date of
termination; and
(b) except in the case of termination on the Consultant’s default,
reimbursement of any reasonable cost incidental to the
prompt and orderly termination of this Contract.
Payment to the Consultant under GCC 74.1 shall be affected upon
submission of a claim by the Consultant and subject to an assessment
made by the Client. Consultant shall submit claim within 30 days
from the effective date of termination

74. Disputes about 74.1 If either Party disputes whether an event specified in
Events of GCC 66 [Termination for Default], 67 [Termination
Termination for Insolvency], or GCC 68 [Termination for
Convenience] has occurred, such Party may, within
forty-five (45) days after receipt of notice of
termination from the other Party, refer the matter to

86
 arbitration pursuant to GCC 75 [Settlement of
Disputes], and this Contract shall not be terminated
on account of such event except in accordance with
the terms of any resulting arbitral award.

74.2 In the case of disagreement between the Parties as to

the existence or extent of Force Majeure, the matter
shall be settled according to GCC 75.

75. Settlement of 75.1 Amicable Settlement

Disputes (a) The Client and the Consultant shall use their best efforts to settle
amicably all disputes arising out of or in connection with this
Contract or its interpretation.
(b) If either Party objects to any action or inaction of the other Party,
the objecting Party may file a written Notice of Dispute to the
other Party providing in detail the basis of the dispute. The
Party receiving the Notice of Dispute will consider it and
respond in writing within fourteen (14) days after receipt. If
that Party fails to respond within fourteen (14) days, or the
dispute cannot be amicably settled within fourteen (14) days
following the response of that Party, Clause GCC 75.2 shall
apply.

75.2 Arbitration
Any dispute between the Parties as to matters arising pursuant to this
Contract which cannot be settled amicably within twenty eight (28)
days after receipt by one Party of the other Party’s request for such
amicable settlement may be submitted by either Party for arbitration
in accordance with the laws of Tanzania and in the place stated in
SCC.

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SECTION 9: SPECIAL CONDITIONS OF CONTRACT

SNo. Required GCC Clause Amendments of, and Supplements to, Clauses in the
Information/Data General Conditions of Contract

1. Clients name and Address 1.1(a) TANROADS - MWANZA REGIONAL OFFICE

p.o.box 1410 mwanza

2. Consultant’s Name and 1.1(d) To be known after the award.

address

3. Intended Completion Date 1.1 (k) 365 Days.

4. Phasing of the Assignment 4.5 Not Applicable.

(a) The contract form; (b) The Special Conditions of
5. Other Documents Forming 5.1 (h)
Contract (SCC); (c) The General Conditions of Contract
Part of the Contract
(GCC); (d) Terms of reference; (e) Duly registered power
of attorney; (f) Negotiation minutes dully signed (if any);
(g) Consultant’s Proposal; (h) The Appendices (1 to 7);
and (i) Any other documents listed in the SCC as forming
part of the contract

6. Eligible Countries 6.1 & 6.2 Not Applicable

7. Governing Language 7.1 ENGLISH.

8. Addresses for 11.1& Address for PE:

Communications and
11.2 TANROADS - MWANZA REGIONAL OFFICE
Notices.
p.o.box 1410 mwanza
Address for Consultant:
To be Known after Award of Contract.

9. Location of Performing the 14.1 Usagara - Kigongo (11.98km), Busisi- Sengerema

Services (28.59) And Sengerema- Ibanda Km (Geita/mwanza
Brd) Roads Section

10. Name of Member in 15.1 To be known after award

Charge of a JV

11. Authorized 16.1 PE Authorized Representative: Eng.Ambrose Pascal

Representatives
Consultants Authorized Representative: To be Known
after Award of Contract

12. Effectiveness Conditions 18.1 If the Consultant is a joint venture, consortium, or

association, (this does not include sub consultancy) all
of the parties shall sign the Contract and be jointly and
severally liable to the Client for the fulfilment of the
provisions of the Contract and shall designate one party
to act as a Member-in-Charge with authority to bind the
joint venture, consortium, or association. The
composition or the constitution of the joint venture,
consortium, or association shall not be altered without
the prior consent of the Client..

13. Date of Effectiveness of 19.1 Time period shall be 365 days after sign the contract.
Contract

14. Number of Days to Start 20.1 7 Days.

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SNo. Required GCC Clause Amendments of, and Supplements to, Clauses in the
Information/Data General Conditions of Contract

Assignment

15. Duration of Contract 21.1 365 Days.

16. Project Manager 28.1 To be Known after Contract Award.

17. Notification of Claims, 36.5 (a) 7 Days

Losses and Damages

18. Ceiling on Consultant’s 36.5 (b) The ceiling on Consultant’s liability shall be limited to
Liability the Contract sum
19. Insurance to be Taken Out 37.1(a) i) Third Party Motor Vehicle Insurance- 0.00.
by the Consultant. ii) Third Party Liability Insurance - 0.00.
iii) Third Party Professional Liability Insurance -
5,000,000.00.
iv) Workers Compensations Insurance - 0.00.
v) Insurance against loss or damage - 0.00.
The Consultant shall obtain the Client’s prior approval in
20. Other Actions Requiring 39.1 (c)
writing or in electronic forms that provide record of the
Clients Approval
content of the communication before taking any of the
following actions: (a) Any change or addition to the
Personnel listed in Appendix 3 [Personnel and Sub
Consultants] to the Contract; (b) Any sub-contract work
relating to the Services to an extent and with such
specialists and entities as may be approved; and (c) Any
other action that may be specified in the tender document.
Notwithstanding any approval above, the Consultant shall
remain fully liable for the performance of Services by the
Sub-Consultant and its personnel and retain full
responsibility for the Services. In the event that any Sub-
Consultant is found by the Client to be incompetent or
incapable in discharging assigned duties, the Client may
request and the Consultant shall provide a replacement,
with qualifications and experience acceptable to the
Client, or to resume the performance of the Services itself

21. Restriction on Use of 41.2 There are no restrictions on the use of

Documents documents.
Performance Securing Declaration will be used.
22. Performance Security or 43.1
Performance Securing
Declaration
ES Performance 43.1 Not Applicable.
Security or ES
Performance Securing
Declaration
23. Assistance to be Provided 45.1(d) The Client shall use its best efforts to ensure that
by the Client the Government shall: (a) Provide the
Consultant, Sub-Consultants and Personnel with
documents as shall be necessary to enable the
Consultant, Sub-Consultants or Personnel to
perform the Services; (b) issue to officials,
agents and representatives of the Government all
such instructions as may be necessary or

89
SNo. Required GCC Clause Amendments of, and Supplements to, Clauses in the
Information/Data General Conditions of Contract

appropriate for the prompt and effective

implementation of the Services; (c) assist the
Consultant in obtaining necessary licenses and
permits needed to carry out the services; and (d)
provide to the Consultant, Sub-Consultants and
Personnel any such other assistance as may be
specified in the tender document..

24. Ceiling of Payments 50.2 2.00.

25. Account for Payments 51.1 Should be Identified.

27. Reimbursable Expenses 52.4

1. Cost Of Training

2. Other Allowances

3. Cost Of Necessary Travel

4. Cost Of Communication

.
The Tanzanian Shilling.
28. Currency of Payment. 54.1

29 Advance Payment 55.1 Advance Payment percent is 15, which will be paid within
90 days.

30. Repayment of Advance 55.2 1.

Payment

31. Payment Schedule 56.1 Phase I i. Twenty percent (20%) of the Contract
Amount for Phase I shall be paid to the Consultant
upon submission of acceptable Inception Report. ii.
Forty percent (40%) of the Contract Amount for Phase
I shall be paid upon submission of the Draft Final
Feasibility, Environmental and Social Impact
Assessment and Economic Evaluation Reports. The
Consultant shall be required to present a Draft
Feasibility Study Report to TANROADS Professionals
on a date to be agreed during the course of the
Contract’s implementation. The presentation shall be
carried out at TANROADS Headquarter. iii. Forty
percent (40%) of the Contract Amount for Phase I shall
be paid to the Consultant upon submission of the Final
Feasibility, Environmental and Social Impact
Assessment and Economic Evaluation Reports. Phase II
i. Forty percent (40%) of the Contract Amount for
Phase II shall be paid to the Consultant upon
submission of the Draft Design Reports including
Bidding Documents, Detailed ESIA, RAP, Valuation
report and Cost Estimates. The Consultant shall be
required to present a Draft Design Report to
TANROADS Professionals on a date to be agreed
during the course of the Contract’s implementation.

90
SNo. Required GCC Clause Amendments of, and Supplements to, Clauses in the
Information/Data General Conditions of Contract

The presentation shall be carried out at TANROADS

Headquarter. ii. Thirty Five percent (60%) of the
Contract Amount for Phase II shall be paid to the
Consultant upon submission of the Final Detailed
Engineering Design Reports, Bidding Documents and
Engineering Cost Estimates. The Final Design Report
shall accommodate all relevant comments from the
Client. The Lump Sum will remain fixed throughout
the contract period 10.2. The consultant shall build up
the costs for carrying out the assignment using the
forms provided in the Request for Proposal (RFP).
10.3. The Consultant shall allow under the
reimbursable expenses the following provisional sums
necessary to cover the cost related with the project
supervision. a. Provisional sum amounting to TShs.
3,000,000.00 for purchase of up-to-date smart phone
for the project supervisor. b. Provisional sum
amounting to TShs. 3,650,000.00 for airtime for the
project supervisor, calculated at a rate of Tshs.
5,000.00 per day over the contract period. c.
Provisional sum amounting to TShs. 35,000,000.00 for
register and review of Environmental and Social Impact
Assessment Report by the National Environment
Management Council (NEMC). Payment of all
Provisional sums shall be supported with relevant
confirmation attachments. .

32. Conditions to be met for 56.1 upon approval of client

other payments

33. Interest on Delayed 59.1 0.1 Percent.

Payments

34. Period of Notice of 66.2 14 Days

Termination

35. Place of arbitration 75.2 Dar es salaam

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SECTION 10: PROPOSAL AND CONTRACT FORMS
This Section contains forms which, once completed, will form part of the Contract. The forms forPerformance
Security/Performance Securing Declaration and Advance PaymentSecurity, when required, shall only be completed by the
successful Tenderer after contract award.

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1. NOTICE OF INTENTION TO AWARD A CONTRACT
[Letter head paper of the PE]

Ref No: [insert Ref. No.].................................. Date: ...............

To: [name and address of the Consultant]

RE: NOTIFICATION OF THE INTENTION TO AWARD CONTRACT NUMBER [insert number of contracts]
FOR [insert description]
Reference is made to the above subject matter.
The submitted proposals were evaluated according to the criteria stated in the Request for Proposal documents. In
accordance with the requirements of Public Procurement Act, Cap 410. We announce our intention to award a contract to
M/s:(Insert the name of the firm) for a contract price of (insert the contract award price and currency) and for a completion
period of (insert the duration).
Your proposal was not considered for award of the contract due to the following reasons[1]1

1) .........................................................

2) .........................................................

3) ..........................................................
Be informed that, you have seven (7) working days from the date of this letter, within which to submit any complaints you
may have regarding this award decision and/or circumstances surrounding the rejection of your proposal for administrative
review. The complaints must be in writing, clearly identifying the tender in question, detailing ground(s) of the complaint
and should be submitted to (insert the title of Accounting Officer) through NeST.
We appreciate your interest in doing business with us and encourage you to participate in our future tenders.
Authorized Signature: .............................................................................................
Name and Title of Signatory:..................................................................................
Name of PE:............................................................................................................

[1] Insert the reasons for non-selection of the tenderer for the award of contract. The reasons given here should be those which
appears in the evaluation report and which were approved by the Tender Board as justifiable reasons to turn down the offer given
by the tenderer.

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LETTER OF ACCEPTANCE
[letter head paper of the Procuring Entity]
[Date]
To: [name and address of the Consultant]
RE: NOTIFICATIONOF AWARD OF CONTRACT FOR TENDER NO. [insert tender number] FOR [insert tender
description]
This is to notify you that yourProposal dated [date] for execution of the [name of the Contract and identification
number, as given in the CC] for the Accepted Contract Amount [amount in numbers and words][name of currency], as
corrected and modified in accordance with theInstruction to Consultants is hereby accepted by us.
You are requested to furnish thePerformance Securing Declaration or Performance Security[1]and an
Environmental and Social (ES) Performance Security [Delete ES Performance Securityif it is not required under the
contract] within 14 days in accordancewith the Conditions of Contract, using for that purpose one of the
PerformanceSecurity Forms and the ES PerformanceSecurity Form, [Delete reference to the ES PerformanceSecurity Form
if it is not required under the contract] included inSection 10, Contract Forms.
AuthorizedSignature:...............................................................................................................................
Name and Title of Signatory:
Name of PE:
Copy: PPRA, CAG, Office of Attorney General, GAMD, IAG, TRAand Adjudicator’s Appointing Authority (where
applicable)
Attachment: Contract

[1] Insert the appropriate form of security to be furnished. The PerformanceSecuring Declaration shall only be applicable
for Tenders falling underexclusive preference

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3. FORM OF AGREEMENT
This AGREEMENT(hereinafter called the “Contract”) is made this [day of the month] day of [insert a month], [insert a
year] between,[insert name and address of Client] (hereinafter called the “Client”) of the one part, and [insert name and
address of Consultant] (hereinafter called the “Consultant”) of the other part.

[Note: In the text below, text in brackets is optional; all notes should be deleted in final text. If the Consultant consists of
more than one Entity, the above should be partially amended to read as follows:]

“[insert the name of Client] (hereinafter called the “Client”) and, on the other hand, a joint venture/consortium/association
consisting of the following entities namely, [insert of name of entity] and [insert name of entity]and [etc.] (hereinafter
called the “Consultant”) each of which shall be jointly and severally liable to the Client for all the Consultants’ obligations
under this Contract.

WHEREAS

(a)the Client has requested the Consultant to provide certain Services as defined in the General Conditions of
Contract attached to this Contract (hereinafter called the “Services”);

(b)the Consultant, having represented to the Client that they have the required professional skills, personnel and
technical resources, have agreed to provide the Services on the terms and conditions set forth in this
Contract at a contract price of [insert the figures and words and the currency];

(c)the Client has committed funds towards eligible payments under this Contract, it being understood that such
payments will be subject, in all respects, to the terms and conditions of the Contract providing for the
funds and that no party other than the Client shall derive any rights from the Contract providing for the
funds or have any claim to the funds proceeds;

NOW THEREFORE, the parties hereto hereby agree as follows:

1. The following documents forming the integral part of this Contract shall be interpreted in the order of priority shown:
(a) Form of Agreement;
(b) Letter of Acceptance
(c) Special Conditions of Contract (SCC)
(d) General Conditions of Contract (GCC),
(e) The Appendices (1 to 8).

[Note: If any of these Appendices are not used, the words “Not Used” should be inserted next to the title of the
Appendix]
Appendix1: Terms of Reference
Appendix2: Key Experts
Appendix3: Breakdown of Contract Price
Appendix4: Form of Advance Payment (if applicable)
Appendix5: Code of Conduct for Experts
Appendix6: Reporting Requirements
Appendix7: Duties of the Client
Appendix8: Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH) Performance
Declaration

2. The mutual rights and obligations of the Client and the Consultant shall be as set forth in the Contract, in particular the:
(a) Consultant shall carry out the Services in accordance with the provisions of the Contract; and
(b)Client shall make payments to theConsultant in accordance with the provisions of 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,SEALED AND DELIVERED FOR AND ON BEHALF OF:

THE PROCURING ENTITY THE CONSULTANT

Name: ……………………………… Name: …………………………….

(Authorized Representative) (Authorized Representative)

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Designation: ……………………………… Designation: …………………………….

Signature: ……………………………… Signature: …………………………….

Date:……………………………… Date:……………………………

WITNESS WITNESS

Name: ……………………………… Name: …………………………….

Designation: ……………………………… Designation: …………………………….

Signature:……………………………. Signature: ………………………….

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4. BANK GUARANTEE FORADVANCE PAYMENTS
[this is the format for the Advance PaymentSecurity to be issued by a scheduled Bank
of Tanzaniain accordance with CC 55.1]

[Bank’s Name, and Address ofIssuing Branch or Office]

Beneficiary: ___________________ [Name and Address of Client]

Date: ________________

ADVANCE PAYMENT GUARANTEENo.: _________________

We have been informed that [nameof Consultant] (hereinafter called "the Consultant") has enteredinto Contract No.
[reference number of the contract] dated ______ withyou, for the provision of [name of contract and brief description
ofconsulting services] (hereinafter called "the Contract").

Furthermore, we understand that, according to theconditions of the Contract, an advance payment in the sum [amount
infigures] ( ) [amount in words] is to be made against an advancepayment guarantee.

At the request of the Consultant, we [name of Bank] herebyirrevocably undertake to pay you any sum or sums not
exceeding in total anamount of [amount in figures] ( ) [amount in words] upon receiptby us of your first demand in writing
accompanied by a written statementstating that the Consultant is in breach of its obligation under the Contractbecause the
Consultant used the advance payment for purposes other than thecosts of mobilization in respect of the assignment.

It is a condition for any claim and payment under thisguarantee to be made that the advance payment referred to above must
have beenreceived by the Consultant on its account number ___________ at_________________ [name and address of
Bank].

The maximum amount of this guarantee shall be progressivelyreduced by the amount of the advance payment repaid by the
Consultant asindicated in copies of interim payment certificates which shall be presented tous. This guarantee shall expire,
at the latest, upon our receipt of a copy ofthe interim payment certificate indicating that eighty (80) percent of theContract
Price has been certified for payment, or on the ___ day of _____,2___, whichever is earlier. Consequently, any demand for
payment under thisguarantee must be received by us at this office on or before that date.

Yours truly,

Signature and seal:

Name of Bank/FinancialInstitution:

Address:

Date

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5. PERFORMANCE SECURING DECLARATION[1]
Date:[insert date(as day, monthand year)]
Contract No.:[insert Contractnumber]
To: [insert complete name of Client]
I/We,the undersigned, declare that:

1. I/We understand that, according to your conditions, to guarantee the faithful performance by the Consultant of its
obligations under the Contract, I/we shall submit this form of Performance Securing Declaration within a maximum
period of fourteen (14) calendar days from the date of the Letter of Acceptance and prior to the signing of the
Contract.

2. I/We accept that: I/we will be disqualified from tendering for any procurement contract with any procuring entity for
the period of time determined by the Public Procurement Regulatory Authority in accordance with the procedures
stipulated in the Public Procurement Act and Public Procurement Regulations if I/We have failed to execute the
Contract.

I/We understand that this PerformanceSecuring Declaration shall cease to be valid upon satisfactory performance andfinal
acceptance of the Services by the Client.
Signed:[insert signature ofperson whose nameandcapacity are shown] in the capacityof [insert legal capacityof person
signing the Performance SecuringDeclaration]
Name: [insert complete nameof person signingthe Performance Securing Declaration]
Duly authorized tosign the Contract for andon behalf of: [insert completename of Consultant]
Dated on day of _, [insert date of signing]
Corporate Seal (whereappropriate)

[1] Used as an alternative performancesecurity for Contracts falling under exclusive Preference. It shall besubmitted within fourteen (14) days
after receiving the Letter of Acceptance.

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6. PERFORMANCEBANK GUARANTEE [UNCONDITIONAL]
[The bank/successful Consultant providing the Guarantee shall fill inthis form in accordance with the instructions
indicated in brackets, if theClient requires this type of security.]
[insert bank’s name, and address of issuing branch or office]
Beneficiary: [insert name and address of Client]
Date: [insert date]
PERFORMANCE GUARANTEE No.: [insert Performance Guarantee number]
We have beeninformed that [insert name of Consultant](hereinafter called "the Consultant") has entered into Contract No.
[insert reference number of the Contract] datedwith you, for the execution of [insertname of Contract and brief description
of services] (hereinafter called"the Consulting Services").
Furthermore, weunderstand that, according to the conditions of the Contract, a performanceguarantee is required.
At the request ofthe Consultant, we [insert name of Bank]hereby irrevocably undertake to pay you any sum or sums not
exceeding in totalan amount of [insert amount in figures] ([insert amount in words]), such sumbeing payable in the types
and proportions of currencies in which the ContractPrice is payable, upon receipt by us of your first demand in
writingaccompanied by a written statement stating that the Consultant is in breach ofits obligation(s) under the Contract,
without your needing to prove or to showgrounds for your demand or the sum specified therein.
This guaranteeshall expire no later than twenty-eight (28) days following the date ofcompletion of the Consultant’s
performance obligations and issuance of acertificate to that effect under this Contract or on the [insert number day of
[insertmonth],[insert year], whichever occurs first. Consequently, any demand forpayment under this guarantee must be
received by us at this office on or beforethat date.
Yours truly,

Signature and seal:

Name of Bank/FinancialInstitution:

Address:

Date

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7. PERFORMANCE BOND
By this Bond, [insert name and address of Consultant]as Principal (hereinafter called “the Consultant”) and [insert name,
legal title, and address of surety, bonding company, or insurance company] as Surety (hereinafter called “the Surety”), are
held and firmly bound unto [insert name and address of Client] as Oblige (hereinafter called “the Client”) in the amount of
[insert amount of Bond] [insert amount of Bond in words], for the payment of which sum well and truly to be made in the
types and proportions of currencies in which the Contract Price is payable, the Consultant and the Surety bind themselves,
their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
Whereas the Consultant has entered into a Contract with the Client dated the [insert number] day of [insert month], [insert
year] for [insert name of Contract] in accordance with the documents, plans, specifications, and amendments thereto,
which to the extent herein provided for, are by reference made part hereof and are hereinafter referred to as the Contract.
Now, therefore, the Condition of this Obligation is such that, if the Consultant shall promptly and faithfully perform the said
Contract (including any amendments thereto), then this obligation shall be null and void; otherwise, it shall remain in full
force and effect. Whenever the Consultant shall be, and declared by the Client to be, in default under the Contract, the
Client having performed the Client’s obligations there under, the Surety may promptly remedy the default, or shall
promptly:
(1) complete the Contract in accordance with its terms and conditions; or
(2) obtain a proposal(s) from qualified Consultant for submission to the Client for completing the Contract in
accordance with its terms and conditions, and upon determination by the Client and the Surety of the highest
ranked Consultant, arrange for a Contract between such Consultant and Client and make available as work
progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of
completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the
Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable
hereunder, the amount set forth in the first paragraph hereof. The term “Balance of the Contract Price,” as used
in this paragraph, shall mean the total amount payable by the Client to the Consultant under the Contract, less
the amount properly paid by the Client to the Consultant; or
(3) pay the Client the amount required by the Client to complete the Contract in accordance with its terms and
conditions up to a total not exceeding the amount of this Bond.
The Surety shall not be liable for a greater sum than the specified penalty of this Bond.
Any suit under this Bond must be instituted before the expiration of one year from the date of completion of the
Consultant’s performance obligations and issuance of a certificate to that effect under this Contract.
No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Client named
herein or the heirs, executors, administrators, successors, and assigns of the Client.
In testimony whereof, the Consultant has hereunto set its hand and affixed its seal, and theSurety has caused these presents
to be sealed with its corporate seal duly attested by the signature of its legal representative, this [insert day] day of [insert
month], [insert year].
Signed by [insert signature(s) of authorized representative(s)]
on behalf of [name ofConsultant] in the capacity of [insert title(s)]
In the presence of [insert name and signature of witness]
Date [insert date]
Signed by [insert signature(s) of authorized representative(s) of Surety]
on behalf of [name of Surety]in the capacity of [insert title(s)]
In the presence of [insert name and signature of witness]
Date [insert date]

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8. ENVIRONMENTAL AND SOCIAL (ES) PERFORMANCE SECURITY
ESHS Demand Guarantee

[Guarantor letterhead]

Beneficiary: [insert name and Address of Client]

Date: [Insert date of issue]

ESHS PERFORMANCE GUARANTEE No.: [Insert guarantee reference number]

Guarantor: [Insert name and address of place of issue, unless indicated in the letter head]

We have been informed that ________________ (hereinafter called "the Applicant") has entered into Contract No.
_____________ dated____________ with the Beneficiary, for the execution of _____________________(hereinafter called
"the Contract").

Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is required.

At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not
exceeding in total an amount of ________ ( ),1 such sum being payable in the types and proportions of currencies in which
the Contract Price is payable, upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s
statement, whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating
that the Applicant is in breach of its Environmental and/or Social (ES) obligation(s) under the Contract, without the
Beneficiary needing to prove or to show grounds for your demand or the sum specified therein.

This guarantee shall expire, no later than the …. Day of ……, 2… 2, and any demand for payment under it must be received
by us at this office indicated above on or before that date.

_____________________
[signature(s)]

Note: All italicized text (including footnotes) isfor use in preparing this form and shall be deleted from the final product.

1 TheGuarantor shall insert an amount representing the percentage of the AcceptedContract Amount specified in the Letter
of Acceptance, less provisional sums,if any, and denominated either in the currency (cies) of the Contract or afreely
convertible currency acceptable to the Beneficiary.
2 Insert the date twenty-eight days after theexpected completion date as described in GC Clause 21.1.1. The Client
shouldnote that in the event of an extension of this date for completion of theContract, the Client would need to request an
extension of this guarantee fromthe Guarantor. Such request must be inwriting and must be made prior to the expiration
date established in theguarantee. In preparing this guarantee, the Client might consider adding thefollowing text to the
form, at the end of the penultimate paragraph: “TheGuarantor agrees to a one-time extension of this guarantee for a period
not toexceed [six months] [one year], in response to the Beneficiary’s written request for suchextension, such request to
be presented to the Guarantor before the expiry ofthe guarantee.”

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SECTION 9: APPENDICES

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Appendix 1 Terms of Reference
This Appendix will include the final Terms of Reference worked out by the Client and the Consultant during technical negotiations,
dates for completion of various tasks, place of performance for different tasks, specific tasks to be approved by Client, etc.

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Appendix 2Hours of Work for Key Personnel
List here the hours of work for Key Personnel; entitlement, if any, to leave and vacation, etc.

Key Personnel and Sub-Consultants

List under:
3ATitles[and names, if already available], detailed job descriptions and minimum qualifications of Key
Personnel, and staff months for each.
3BList of approved Sub Consultants (if already available); same information with respect to their Personnel as
in C-1.

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Appendix 3Cost Estimates
List hereunder cost estimates:
A. Monthly rates for Personnel (Key Personnel and other Personnel)
B. Reimbursable expenses:
1)Per Diem allowances.
2)Travel expenses.
3)Communications.
4)Printing of documents specified in Appendices A and B.
5)Acquisition of specified equipment and materials to be paid for by theClient (including
transportation).
6)Cost of programming and use of, and communication between, the computers.
7)Laboratory tests, model tests, and other technical services.
8)Subcontracts.
9)Other transportation costs
10) Office rent, clerical assistance
11) Other items not covered in the foregoing.

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Appendix 4Form of Advance Payment

BANK GUARANTEE FOR ADVANCE PAYMENTS

[this is the format for the Advance Payment Security to be issued by a scheduled Bank
of Tanzanian accordance with GCC 55.1]

[Bank’s Name, and Address of Issuing Branch or Office]

Beneficiary: ___________________ [Name and Address of Client]

Date: ________________

ADVANCE PAYMENT GUARANTEE No.: _________________

We have been informed that [name of Consultant] (hereinafter called "the Consultant") has entered into Contract No.
[reference number of the contract] dated ______ with you, for the provision of [name of contract and brief description of
consulting services] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, an advance payment in the sum [amount in
figures] ( ) [amount in words] is to be made against an advance payment guarantee.

At the request of the Consultant, we [name of Bank] hereby irrevocably undertake to pay you any sum or sums not
exceeding in total an amount of [amount in figures] ( ) [amount in words] upon receipt by us of your first demand in
writing accompanied by a written statement stating that the Consultant is in breach of its obligation under the Contract
because the Consultant used the advance payment for purposes other than the costs of mobilization in respect of the
assignment.

It is a condition for any claim and payment under this guarantee to be made that the advance payment referred to above
must have been received by the Consultant on its account number ___________ at_________________ [name and address
of Bank].

The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the
Consultant as indicated in copies of interim payment certificates which shall be presented to us. This guarantee shall expire,
at the latest, upon our receipt of a copy of the interim payment certificate indicating that eighty (80) percent of theContract
Price has been certified for payment, or on the ___ day of _____,2___, whichever is earlier. Consequently, any demand for
payment under this guarantee must be received by us at this office on or before that date.

Yours truly,

Signature and seal:

Name of Bank/FinancialInstitution:

Address:

Date

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Appendix 5Code of Conduct for Experts
[Note to PE: include this requirement for supervision of infrastructure contracts (such as Plant or Works) and for
other consulting services where the social risks are substantial or high.]

CODE OF CONDUCT FOR EXPERTS (ES) Form

We are the Consultant, [enter name of Consultant]. We have signed a contract with [enter name of Client] for [enter
description of the Services].These Services will be carried out at [enter the Site and other locations where the Services
will be carried out, as appropriate]. Our contract requires us to implement measures to address environmental and
social risks related to the Services, including the risks of sexual exploitation, sexual abuse and sexual harassment.

This Code of Conduct is part of our measures to deal with environmental and social risks related to the Services. It
applies to all Experts in places where the Services are being carried out.

This Code of Conduct identifies the behavior that we require from all Experts.

Our workplace is an environment where unsafe, offensive, abusive or violent behavior will not be tolerated and where
all persons should feel comfortable raising issues or concerns without fear of retaliation.

REQUIRED CONDUCT
Experts shall:

1. Carry out his/her duties competently and diligently;

2. Comply with this Code of Conduct and all applicable laws, regulations and other requirements, including
requirements to protect the health, safety and well-being of other Experts and any other person;

3. Maintain a safe working environment including, as applicable, by:

a. ensuring that workplaces, equipment and processes under each person’s control are safe and without risk
to health;

b. wearing required personal protective equipment; and

c. following applicable emergency operating procedures.

4. Report work situations that he/she believes are not safe or healthy and remove himself/herself from a work
situation which he/she reasonably believes presents an imminent and serious danger to his/her life or health;

5. Treat other people with respect, and not discriminate against specific groups such as women, people with
disabilities, migrant workers or children;

6. Not engage in Sexual Harassment, which means unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature with other Experts, Contractor’s Personnel (if applicable) or
Client’s Personnel;

7. Not engage in Sexual Exploitation, which means any actual or attempted abuse of position of vulnerability,
differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or
politically from the sexual exploitation of another;

8. Not engage in Sexual Abuse, which means the actual or threatened physical intrusion of a sexual nature,
whether by force or under unequal or coercive conditions;

9. Not engage in any form of sexual activity with individuals under the age of 18, except in case of pre-existing
marriage;

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 10. Complete relevant training courses that will be provided related to the environmental and social aspects of the
Contract, including on health and safety matters, Sexual Exploitation and Abuse (SEA), and Sexual Harassment
(SH);

11. Report violations of this Code of Conduct; and

12. Not retaliate against any person who reports violations of this Code of Conduct, whether to us or the Client, or
who makes use of grievance mechanism for Experts, if any, or the project’s Grievance Redress Mechanism.

13.

RAISING CONCERNS
If any person observes behavior that he/she believes may represent a violation of this Code of Conduct, or that
otherwise concerns him/her, he/she should raise the issue promptly. This can be done in either of the following ways:
1. Contact [enter name of the Consultant’s social expert with relevant experience in handling sexual exploitation,
sexual abuse and sexual harassment cases, or if such person is not required under the Contract, another
individual designated by the Consultant to handle these matters] in writing at this address [ ] or by telephone at [
] or in person at [ ]; or
2. Call [ ] to reach the Consultant’s hotline (if any) and leave a message.
The person’s identity will be kept confidential, unless reporting of allegations is mandated by the country law.
Anonymous complaints or allegations may also be submitted and will be given all due and appropriate consideration.
We take seriously all reports of possible misconduct and will investigate and take appropriate action. We will provide
warm referrals to service providers that may help support the person who experienced the alleged incident, as
appropriate.
There will be no retaliation against any person who raises a concern in good faith about any behavior prohibited by
this Code ofConduct. Such retaliation would be a violation of this Code of Conduct.

CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT

Any violation of this Code of Conduct by Experts may result in serious consequences, up to and including termination
and possible referral to legal authorities.

FOR EXPERT:

I have received a copy of this Code of Conduct written in a language that I comprehend. I understand that if I have
any questions about this Code of Conduct, I can contact [enter name of Consultant’s contact person(s) with relevant
experience]requesting an explanation.

Name of Expert: [insert name]

Signature:__________________________________________________________

Date: (day month year):_______________________________________________

Counter signature of authorized representative of the Consultant:
Signature:________________________________________________________
Date: (day month year):______________________________________________
ATTACHMENT 1: Behaviors constituting Sexual Exploitation and Abuse (SEA) and behaviors constituting
Sexual Harassment (SH)

ATTACHMENT 1 TO THE CODE OF CONDUCT FORM

BEHAVIORS CONSTITUTING SEXUAL EXPLOITATION AND ABUSE (SEA)AND BEHAVIORS
CONSTITUTING SEXUAL HARASSMENT (SH)
The following non-exhaustive list is intended to illustrate types of prohibited behaviors:

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(1) Examples of sexual exploitation and abuse include, but are not limited to:
· An Expert tells a member of the community that he/she can get them jobs related to the Services (e.g. cooking
and cleaning) in exchange for sex.
· An Expert that is connecting electricity in put to households says that he can connect women headed households
to the grid in exchange for sex.
· An Expert rapes, or otherwise sexually assaults a member of the community.
· An Expert denies a person access to the Site unless he/she performs a sexual favor.
· An Expert tells a person applying for employment under the Contract that he/she will only hire him/her if he/she
has sex with him/her.

(2) Examples of sexual harassment in a work context

· An Expert comment on the appearance of anotherExpert (either positive or negative) and sexual desirability.
· When An Expert complains about comments made by another Expert on his/her appearance, the other Expert
comment that he/she is“asking for it” because of how he/she dresses.
· Unwelcome touching of an Expert or Client’sPersonnel by another Expert.
· An Expert tells another Expert that he/she will get him/her a salary raise, or promotion if he/she sends him/her
naked photographs of himself/herself.

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Appendix 7: Reporting Requirements
List format, frequency, and contents of reports; persons to receive them; dates of submission; etc. If no reports
are to be submitted, state here “Not applicable.”

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Appendix 7. Duties of the Client
List under:
5AServices, facilities and property to be made available to the Consultant by the Client.
5BProfessional and support counterpart personnel to be made available to the Consultant by the Client.

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 Appendix 8 Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH) Performance Declaration
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[The following table shall be filled in for the consultant, each member of a Joint Venture, and each sub-
consultant proposed by the Consultant]
Consultant’s Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Member’s or Sub-consultants Name:[insert full name]
RFP No. and Title: [insert RFP number and title]
Page [insert page number] of [insert total number] pages
SEA and/or SH Declaration
We:
(a) have not been subject to disqualification by any PE for non-compliance with SEA/ SH obligations
(b) are subject to disqualification by any PE for non-compliance with SEA/ SH obligations
(c) had been subject to disqualification by aPE for non-compliance with SEA/ SH obligations. An arbitral
award on the disqualification case has been made in our favor.
[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the issues
underlying the disqualification.]

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