RFP for BHOPAL & Narmadapuram Division - Madhya Pradesh ...

RFP for BHOPAL & Narmadapuram Division - Madhya Pradesh ... RFP for BHOPAL & Narmadapuram Division - Madhya Pradesh ...

12.07.2015 Views

MPRDCDPR - ADB -IV1. INTRODUCTIONGeneralSECTION 2. INSTRUCTIONS TO CONSULTANTS1.1 M P Road Development Corporation will select a consulting firm/organization(the Consultant) in accordance with the method of selection specified in theData Sheet.1.2 Consultants should familiarize themselves with local conditions and take theminto account in preparing their Proposals. To obtain first-hand information onthe assignment and local conditions, Consultants are encouraged to visit theproject site.1.3 Consultants shall bear all costs associated with the preparation and submissionof their Proposals. Costs might include site visit; collection of information; and,if selected, attendance at contract negotiations etc.1.4 The M P Road Development Corporation is not bound to accept any Proposaland reserves the right to annul the selection process at any time prior to contractaward, without thereby incurring any liability to the Consultants.1.5 In preparing their Proposals, Consultants are expected to examine in detail thedocuments comprising the RFP. Material deficiencies in providing theinformation requested may result in rejection of a Proposal.Conflict of Interest1.6 MPRDC requires that Consultants provide professional, objective, and impartialadvice and at all times hold the Client’s interests paramount, avoid conflictswith other assignments or their own corporate interests and act without anyconsideration for future work. Consultants shall not be recruited for anyassignment that would be in conflict with their prior or current obligations toother clients, or that may place them in a position of not being able to carry outthe assignment in the best interest of the M P Road Development Corporation.Without limitation on the generality of the foregoing, Consultants, and any oftheir associates shall be considered to have a conflict of interest and shall not berecruited under any of the circumstances set forth below:(i)(ii)(iii)If a Consultant combines the function of consulting with those ofcontracting and/or supply of equipment; orIf a Consultant is associated with or affiliated to a contractor ormanufacturer; orIf a Consultant is owned by a contractor or a manufacturing firm withdepartments or design offices offering services as Consultants. TheADB-IV- 7 -

MPRDCDPR - ADB -IVConsultant should include relevant information on such relationshipsalong with a statement in the Technical Proposal cover letter to theeffect that the Consultant will limit its role to that of a Consultant anddisqualify itself and its associates from work, in any other capacity orany future project within the next five years (subject to adjustment byMPRDC in special cases), that may emerge from this assignment(including bidding or any part of the future project). The contract withthe Consultant selected to undertake this assignment will contain anappropriate provision to such effect; or(iv)If there is a conflict among consulting assignments, the Consultant(including its personnel and sub-consultants) and any subsidiaries orentities controlled by such Consultant shall not be recruited for therelevant assignment. The duties of the Consultant depend on thecircumstances of each case. While continuity of consulting servicesmay be appropriate in particular situations if no conflict exists, aConsultant cannot be recruited to carry out an assignment that, by itsnature, will result in conflict with another assignment of suchConsultant. For example, a Consultant engaged to prepare engineeringdesign for an infrastructure project shall not be recruited to prepare anindependent environmental assessment for the same project; similarly, aConsultant assisting a client in privatization of public assets shall notpurchase, nor advise purchasers of, such assets or a Consultant hired toprepare terms of reference for an assignment shall not be recruited forthe assignment in question.Fraud and Corruption1.7 The MPRDC requires that consultants observe the highest standard of ethicsduring the procurement and execution of such contracts. In such pursuance ofthis policy, the MPRDC:(i) defines, for the purposes of this provision, the terms set forth below asfollows:(a)(b)“corrupt practice” means behavior on the part of officials in thepublic or private sectors by which they improperly andunlawfully enrich themselves and/or those close to them, orinduce others to do so, by misusing the position in which theyare placed, and it includes the offering, giving, receiving, orsoliciting of anything of value to influence the action of any suchofficial in the procurement process or in contract execution; and“fraudulent practice” means a misrepresentation of facts in orderto influence a procurement process or the execution of a contractto the detriment of the borrower, and includes collusive practicesamong bidders (prior to or after bid submission) designed toestablish bid prices at artificial, non-competitive levels and toADB-IV- 8 -

MPRDCDPR - ADB -IV1. INTRODUCTIONGeneralSECTION 2. INSTRUCTIONS TO CONSULTANTS1.1 M P Road Development Corporation will select a consulting firm/organization(the Consultant) in accordance with the method of selection specified in theData Sheet.1.2 Consultants should familiarize themselves with local conditions and take theminto account in preparing their Proposals. To obtain first-hand in<strong>for</strong>mation onthe assignment and local conditions, Consultants are encouraged to visit theproject site.1.3 Consultants shall bear all costs associated with the preparation and submissionof their Proposals. Costs might include site visit; collection of in<strong>for</strong>mation; and,if selected, attendance at contract negotiations etc.1.4 The M P Road Development Corporation is not bound to accept any Proposaland reserves the right to annul the selection process at any time prior to contractaward, without thereby incurring any liability to the Consultants.1.5 In preparing their Proposals, Consultants are expected to examine in detail thedocuments comprising the <strong>RFP</strong>. Material deficiencies in providing thein<strong>for</strong>mation requested may result in rejection of a Proposal.Conflict of Interest1.6 MPRDC requires that Consultants provide professional, objective, and impartialadvice and at all times hold the Client’s interests paramount, avoid conflictswith other assignments or their own corporate interests and act without anyconsideration <strong>for</strong> future work. Consultants shall not be recruited <strong>for</strong> anyassignment that would be in conflict with their prior or current obligations toother clients, or that may place them in a position of not being able to carry outthe assignment in the best interest of the M P Road Development Corporation.Without limitation on the generality of the <strong>for</strong>egoing, Consultants, and any oftheir associates shall be considered to have a conflict of interest and shall not berecruited under any of the circumstances set <strong>for</strong>th below:(i)(ii)(iii)If a Consultant combines the function of consulting with those ofcontracting and/or supply of equipment; orIf a Consultant is associated with or affiliated to a contractor ormanufacturer; orIf a Consultant is owned by a contractor or a manufacturing firm withdepartments or design offices offering services as Consultants. TheADB-IV- 7 -

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