Table of Contents
Section 1:- Letter of Invitation 1
Section 2:- Information to Technical Auditor/ Consulting Firm 2
Section 3:- Technical Proposal 3
Section 4:- Financial Proposal Submission Form 6
Section 5:- Contract Agreement 8
Section 6:- Conditions of Contract 10
Section 7:- Terms of Reference (TOR) 18
ANNEXES
ANNEX - 1:-SALIENT FEATURES OF THE PROJECT
ANNEX - 2:-FORMAT OF NON-CONFORMANCE REPORT (NCR)
Section 1:- Letter of Invitation
Government of Nepal
National Vigilance Center
Singhadurbar,Kathmandu
Phone: 01-4200350,01-4211948
977-1-4200400 (Fax)
E-mail:
Date:
The National Vigilance Centre, Technical Audit & Monitoring Division invites financial proposal from eligible Technical Auditors or Consulting Firms to conductTechnical Audit of:
Contract Package No:-NVC/TA/RSSP/073/74-……..
...... Road
...... Road
(Implementation Stage)
1. More details on the services are provided in the attached Terms of Reference (TOR).
2. A Technical Auditor/ Consulting Firm will be selected under the least cost methodas prescribed in the Public Procurement Act/Regulation Rule No.74(3).
3. The Proposal include the following documents:
1. Letter of Invitation2. Information to Technical Auditor/ Consulting Firm
3. Technical Proposal’s Format
4. Standard Form of Memorandum of Agreement
5. Conditions of Contract
6. Financial Proposal – Bill of Quantities
7. Terms of Reference (TOR)
Yours sincerely
......
Mrs. Pramila Devi Shakya Bajracharya
Joint Secretary
National Vigilance Centre
Technical Audit and Monitoring Division
Section 2:Information to Technical Auditor/ Firms
1. / Eligible and interested Technical Auditor/Consulting Firms may obtain detailed FinancialProposalform from our website www.nvc.gov.np.2. / Proposal should be submitted to:-Joint Secretary, Technical Audit & Monitoring Division,National Vigilance Center,Singhadurbar,Kathmandu. Certificate Mention in notice is compulsory to submit the proposal.
3. / The deadline for submission is………………………as mentioned in the notice.
4. / Clarification on the Proposal may be obtained from: The Joint Secretary,Technical Audit &Monitoring Division,National Vigilance Center, Singhadurbar, Kathmandu. Telephone: +977-014211948, +977-014200350, Fax: +977-014200400 and Email:
5. / Proposals must remain valid 90 days from the date of submission.
6. / The language of entire reporting process will be in English.
7. / The estimated number of professional staff-man-days required for the assignment is:…………….as mentioned in TOR.
8. / The minimum required experience of Proposed TechnicalAuditor is: 10 years
9. / The Technical Auditor/ Consulting Firmsshall submit technical and financial proposals under a sealed One-Envelope Post EvaluationSystem based upon least cost method. A wax sealed envelope clearly mentioning the type of proposal and the jobs proposed on the envelope shall be enclosed in one wax sealed envelope. The Technical Auditor/Firms must submit an original proposal as shown in S.No 16.
10. Qualification/Eligibility Criteria for Selection
· Valid Corporate Registration Certificate
· Tax Clearance Certificate of F/Y 2072/073
· Updated VAT/PAN Registration Certificate of firm
· Technical Auditor's Certificate
· Nepal Engineering Council Registration Certificate for Engineering Professionals
· Self-declaration by Technical Auditor
11. / The assignment is expected to commence on [from the date of signing] at NVC:
12.
12.1
12.2
12.3
12.4
12.5
12.6 / Conditions for Rejection / Non-Consideration of the Proposal:
If the proposal lack the authorized signature and firm's stamp in each page.
If the proposal do not include attested copies of Corporate Registration, Tax Clearance of Financial year 072/073 or Renewal of Tax certificate, VAT RegistrationCertificate,Technical Auditor's Training Certificate.
If the proposal is found to be non-responsive (i.e. it has not fulfilled all the requirements or any statement provided in proposal is found to be false that affects the evaluation, then the whole proposal shall be rejected.
If the proposed personnel (technical auditor) do not fulfill the required qualifications and skills as required for the services mentioned in the TOR.
If a Firm propose different Technical Auditors for the same package.
If the CV do not bear original signature of the concern person.
13. / The Technical Auditor should mention in his/her CV about work experience (Project name, Position held, Detail Activities and Duration) in a chronological order. (Refer 3B- work experiencenot exceeding two pages)
14. / Technical Auditor/Firms can submit proposals for more than one package. However only one package will be awarded to substantive responsive bidder. If a firm proposes different Technical Auditors for different packages, substantive responsive firm could get more than one package.
Technical Auditors already under contract with NVC for Technical Audit of other projects shall not be considered for new contracts within the same time-frame.
15. / The Technical Auditor/ Firmsshould submit attested copies of evidence of all related assignments, work experience and trainings.
16. / Submission of the Proposal:
Financial Proposal must be sealed in a single envelope marked clearly in BLOCK letters as follows:
FINANCIAL PROPOSAL for
Technical Audit Services of
Notice No.:...... /2073/074/NVC/TAMD
Contract Identification No:
NVC/TA/RSSP/073/74-…….
......
(Implementation Stage)
The single sealed envelope then should be addressed and submitted to:
National Vigilance Centre
Technical Audit& Monitoring Division
Singhadurbar, Kathmandu
The envelope must clearly bear the name,contact information and address of the Technical Auditor/ Consulting Firm.
Section 3: Technical Proposal
3A. Methodology and Work Plan
Provide a brief description of your proposed approach and methodology in terms of:
3.1. For overall response and understanding of the job
(1) Critical review of the TOR and other documents. (Law, Act, Rule, Plan, Policy, Programs, Guidelines, Standards, Reports etc.)
(2) Summary of the project & its site, nature of the job (including previous report/relevant documents, category of projects).
3.2. Bar chart, Work Schedule and Manning Schedule.
3.3. The Technical Auditor/ Consulting Firm shall present their own methodology for the work. Here are some guidelines for methodology of the work but which are not binding.
(1) Preparation of Audit Plan, Review of Project Documents, Technical AuditCriteria, Checklists and Questionnaires.
(2) Field visit, evidence collection, interview with project stakeholders.
(3) Discussion of Non-Conformance Reports (NCR), Root Causes, Proposed Dispositions and Issuance of NCRs.
(4) Reporting and Presentation.
(5) List of Annex.
3.4. Comments if any on TOR.
The Technical Proposal should follow the prescribed format in Sequential order.
3B. Format of Curriculum Vitae (CV) for Proposed Technical Auditor
§ Proposed Position:
§ Name of Technical Auditor/ Consulting Firm :
§ Name of Staff:
§ Address:
§ Profession:
§ Date of Birth:
§ Presently employed by the firm? (Yes or No)
§ If Yes, years of employment with the firm:
§ Nationality:
§ Nepal Engineering Council Membership No.:
§ Membership in Professional Societies:
§ Date and field of Graduation:
§ Specialization on related field if any:
§ The CV must be signed by the proposed personnel withBLUE ink.
3C.Specific Work Experience:
The Technical Auditor and Expert should mention in his/her CV about specific work experience (Project name, assigned activities, position held and duration) in a chronological order. Specific Experience refers to the experience related to design/construction/supervision of similar type of project. Experience gained in the last 15 years will only be considered.The format could be as given below:
Project Name:-
Client’s Name, Address and Contact No:-
Position Held:-
Duration:-
Activities:-
3D Certification:
I, the undersigned, certify that to the best of my knowledge and belief, that these data correctly describe me, my qualifications, and my experiences. There are no objectionable issues by law related to me for this assignment.
(Signature)
Date: Day/Month/Year
[Original signature of Technical Auditor and authorized representative of the Firmin each page]
Full name of Technical Auditor: ______
Full name of Authorized Representative: ______
(Required if the proposal has been submitted by a Consulting Firm)
The Proposal shall be rejected under any of the following conditions:
· If the CV does not bear original signature of the concerned person.
· If on verification, the statements regarding qualifications and experiences of any personnel are found to be false.
3E. Self- Declaration
The self- declaration form (see sample in the next page) should be properly filled and submitted to NVC/TAMDfrom Technical Auditor/Consulting Firm asper Code of Conduct of Technical Auditor of NVC to fulfill all the applicable laws and regulations. The Consulting Firm is responsible for all the personnel hired to conduct the Technical Audit.
Self-Declaration Form
Date: 2073/…/….
To,
The Secretary
National Vigilance Centre
Singhadurbar, Kathmandu
Dear Sir,
I/We………………………………………………….. (Name of Technical Auditor/Firm) declare that I/we are legally eligible to participate in the procurement process of consulting services for Technical Audit of Road Safety Support Project(RSSP). We declare that we do not have any conflict of interest in the said assignment.
We hereby also declare that we have not received any punishment while performing consulting business in the last five years.
Signature of the Technical Auditor: Date:-
Name:
Signature Stamp
Name &Designation: (For and on behalf of the Consulting Firm)
Section 4: Financial Proposal Submission Form
[Letterhead of the Firm]
To:
The Joint Secretary,
National Vigilance Center,
Technical Audit and Monitoring Division,
Singhadurbar, Kathmandu.
We, the undersigned, offer to provideprocurement services for the Technical Audit ofContract Identification No: -NVC/TA/RSSP/073/74-...../,for the projects i) ...... ii) ...... (Implementation Stage) in accordance with your Request for Proposal (RFP) dated [Date]. Our attached Financial Proposal is for the sum of [Amount in words and figures].
Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract negotiations, up to the expiration of the validity period of the Proposal, i.e., [Date].
We understand that NVC/TAMD is not bound to accept any Proposal they receive.
We remain,
Yours sincerely,
Authorized Signature:
Name and Title of Signatory:
Name of Technical Auditor/ Firm:
Address:
The detail guideline for Technical Auditor/ Consulting Firm for preparation of financial proposals is as follows:
Estimate Amount of Package
SN / Description of Work / Project No. / Qty. / Unit / Rate (in NRs.) / Amounts (NRs.)Figures / In words
1 / Technical Auditing of the Projects with Contract Identification No: NVC/TA/RSSP/073/74-…….(Implementation Stage)with following Projects in sequential order as per the contract agreement.
i) ...... Road
ii) ...... Road / 1.0 Job
1.0 Job / 1.0 / Package
Total Costs (A)
Value Added Tax@ 13% of (A)=(B)
Grand Total (A+B)(NRs.)
Total Cost in figure:
Total Cost in words:
Section 5:Contract Agreement
Project Name: ...... Road (RSSP)
Contract Package No: NVC/TA/ RSSP/073/74-......
Project Stage: Implementation Stage
THIS CONTRACT (“Contract”) is entered into this [insert starting date of assignment]date, by and between [National Vigilance Center] (“the Client”) having its principal office at [Singhadurbar, Kathmandu, Nepal], and [insert Technical Auditor's name] ("the Auditor "), having its principal office located at [insert Auditor's Address].
WHEREAS, the Client wishes to have the Auditor perform the services hereinafter referred to as the Audit,
And WHEREAS, the Auditor is willing to perform these services,
NOW THEREFORE THE PARTIES hereby agree as follows:
1. Services / (i) The Auditor shall perform the services specified in “Terms of Reference and Scope of Services”, which is made an integral part of this Contract (“the Services”).(ii) The Auditor shall employ the personnel as per requirement to perform the Services.
(iii) The Auditor shall submit to the Client the reports as mentioned in the “Terms of Reference and Scope of Services”.
2. Term / The Auditor shall perform the services during the period commencing from [insert starting date of assignment], and completing by [insert completion date of assignment], or any other period as may be subsequently agreed by the parties in writing.
3. Payment / A. Ceiling
For Services rendered pursuant to the TOR, the Client shall pay the Auditor an amount not exceeding NRs. [insert amount in figure including VAT], (In words…………………………….………..). This amount has been established based on the understanding that it includes all of the Auditor’s remuneration as well as any tax obligation imposed on the Auditor.
B. Schedule of Payments
The schedule of payments is as specified below:
1. First payment
The Technical Auditor has to submit the Inception report at NVC/TAMD for all the projects within a package and upon acceptance subsequently makes the Field Visitand submits the Draft Final Report. The Auditor is then eligible for a payment of 60% of the contract amount.
2. Final Payment
The final40% of contract amount shall be paid upon submission of Final report for all the projects within the package, incorporating the comments made in the presentation and subsequently accepted by NVC/TAMD. Prior to the Final Report, the Auditor is expected to meet all the deadlines for the Report submission of the Inception Report, Field Visit, the Draft Final Report and the Presentation.
Payment Conditions
All Payments shall be made in [Nepali rupees], immediately following the submission by the Auditor of the deliverables expected of the contract and a copy of invoices to NVC and receives its approval. NVC is not bound to make any payments to the Auditor until all tasks specified by the Contract is followed by the Auditor and all reports submitted within the specified time and format.
4. Project Administration / A. Coordinator.
The Client designateJoint Secretary, NVC /TAMD as the Coordinator. The Coordinator will be responsible for the coordination of activities under this Contract, for acceptance and approval of the reports and of any other deliverables by the Auditor and for receiving and approving invoices for the payment.
B. Reports.
The reports listed in TOR shall be submitted in the course of the assignment, and will constitute the basis for the payments to be made.
5. Performance Standards / The Auditor undertakes to perform the Services with the highest standards of professional and ethical competence and integrity. The Auditor Firm shall promptly replace any employees assigned under this Contract that the Client considers unsatisfactory.
6.Confidentiality / The Auditors shall not disclose any proprietary or confidential information relating to the Services mentioned in this Contract and maintain complete confidentiality.
7. Ownership of Material / Any study reports or other material, graphics, software or otherwise, prepared by the Auditor for the Client under the Contract shall belong to and remain the property of the Client. The Auditor may retain a copy of such documents and software.
8. Auditor Not to be Engaged in Certain Activities / The Auditor agrees that, after the contract termination, the Auditor and any entity affiliated with the Auditor, shall be disqualified from providing goods, works or services (other than the Services and any continuation thereof) for any project resulting from or closely related to the Services.
9. Insurance / The Auditor will be responsible for taking out any appropriate insurance coverage.
10. Assignment / The Auditor shall not assign this Contract or sublet or sub -contract any portion of it without the Client's prior written consent.
11. Law Governing Contract and Language / The Contract shall be governed by the prevalent laws, rules and regulations of Government of Nepal, and the language of the Contract shall be either in English or in Nepali.
12. Dispute Resolution / Any dispute arising out of the Contract, which cannot be amicably settled between the parties, shall be referred to adjudication/arbitration in accordance with the laws of the Government of Nepal.
13. Termination / The client, in its sole discretion, may terminate this contract, by a written termination letter to the Auditor no less than fourteen (14) days prior to the actual termination of the contract. However the client may permit the Auditor to continue the work at a later date if it feels necessary.
The PROPOSAL documents and theTerms of Reference (TOR) shall also be an integral part of this agreement.