Procurement of Consulting Services' Direct Purchase

STANDARD PROCUREMENT DOCUMENT Procurement of Consulting Services' Direct Purchase [For Assignments of value up to 0.15 Million] Issued by: Government of Nepal Ministry of Cooperatives and Poverty Alleviation Singhdurbar, Kathmandu April, 2017

Table of Contents Table of Contents Section1. Letter of Invitation Section2. Format of Curriculum Vitae Section3. Comments of TOR & Knowledge Transfer Section4. Financial Proposal Submission Form Section5. Terms of Reference Section 6. Standard Form of Contract List of Annexes Standard Procurement Documents, RFP Consultant Services Direct Purchase, 2008 i

Section 2.Format of Curriculum Vitae Section 1. Letter of Invitation Government of Nepal Ministry of Cooperatives and Poverty Alleviation Singhdurbar, Kathmandu Date: 2074/1/15 Name of Project: Profiling of prevailing Laws related to Poverty Alleviation in Nepal Name of Contract: Re-08/073/74 (Consulting- MOCPA) 1. The Government of Nepal, Ministry of Cooperatives and Poverty Alleviation invites proposals to provide the following consulting services. The main objectives of this assignment are as follows: Get overall picture of prevailing Laws related to poverty alleviation (Constitution, Treaties, Acts, Rule/Regulations, Directives etc.), which could be used as an integrated source of legal provisions to empower the poor people by disseminating information. Establish database and information system based on the said programs. Further, the consultant should carryout Review of the literature, Consultation with the concerned authorities of the MoCPA, Data collection and analysis, Report Preparation, Submission of Draft Report and Conduction of Stakeholders Workshop, Comments receiving and Final Report Submission and knowledge transfer. More details on the services are provided in the attached Terms of Reference (TOR). 2. The consultant shall be selected and engaged on the basis of approved evaluation criteria as mentioned below. General and Specific Work Experience of the consulting firm, Education Qualifications & Experience of Professional staff, Understanding of TOR and Methodology and Knowledge Transfer specified in the TOR and the consultants Financial Proposal. The marks allocated for above criteria for technical proposal are as follows: General and Specific Work Experience of consulting firm (20 marks), Education Qualifications & Experience of Professional Staff (40 marks), Understanding of TOR and Methodology (Understanding of job and objectives of the project/ Data Source, Scope of assignment, Working Methodology, Work Schedule, Output/Deliverables, Reporting Requirements, Manning Schedule) (30 marks); and Knowledge Transfer (10 marks). Above criteria shall be evaluated as per the sub-criteria for each of them. So please provide every objective details and evidences to support or explain for each of above criteria with documentary evidence as necessary. The pass marks for technical proposal is 80 marks out of 100 marks; and The weightage given for technical proposal is 80% and financial proposal is 20%. 3. The Request for Technical & Financial Proposal (T&FP) has been addressed to the following Shortlisted consultants:na 4. You are invited to submit a Proposal for the services under the TOR to : Government of Nepal, Ministry of Cooperatives and Poverty Alleviation, Procurement Unit, Singhdurbar, Kathmandu 5. Your Proposal should be submitted in One Hard copy and the deadline for submission is: [On or before 12.00 Noon within 8 th Day from the date of First Publication of this notice/ or date of dispatch of this letter as per Procurement Laws] 6. Clarification on the T&FP may be obtained from the following Client s officials, address, telephone, fax and email: Name: Ram Mani Adhikari, Procurement Unit, Standard Procurement Documents, RFP Consultant Services Direct Purchase, 2008 2

Section 2.Format of Curriculum Vitae Ministry of Cooperatives and Poverty Alleviation, Singha Durbar, Kathmandu, Tel: 01-4200420, 9849635378 7. Your Proposal must remain valid 60 days after the submission date, i.e., until:... 8. The assignment is expected to commence on [Jestha 1, 2074] at [MOCPA]:... 9. The T&FP includes the following documents: Section1. Letter of Invitation Section2. Format of Curriculum Vitae Section3. Comments of TOR & Knowledge Transfer Section4. Financial Proposal Submission Form Section5. Terms of Reference Section 6. Standard Form of Contract Please inform us, upon receipt: (a) (b) that you received the letter of invitation; and whether you will submit a proposal 10. Your proposal should be submitted following eligibility documents along with Technical proposal document, duly certified by Notary Public as true copy and need to produce the original copy, if asked, during T&FP evaluation process. (a) Copy of Registration and Business Registration Certificate, as applicable (b) Copy of PAN and VAT registration certificate (c) Copy of Tax clearance letter of FY 2072/73 of concerned the Inland Revenue Office (d) Self Declaration letter duly certified by yourselves in your Letter Pad that there is no conflict of interest, the firm is not blacklisted and not punished for professional conduct. Note: If the proposal did not 'pass' the eligibility criteria then it shall be considered as unresponsive and thus, not processed for further evaluation. 11. Your Proposal should enclose the duly completed sealed Technical proposal and Financial proposal in hard copy in separate envelops indicating Technical/Financial proposal and that must be enclosed & sealed within one outer envelope- two envelop system by clearly mentioning the name of the project in sealed envelope. The T&FP documents received after the due date and time, will be returned and not considered in evaluation. 12. The Technical proposals thus submitted shall be opened at 13:00 PM on 8th day at Procurement Unit of MoCPA in the presence of your authorized representative who choose to attend. Absence of your authorized representative, however, shall not hamper the opening of the T&FP in any way. 13. If the deadline specified herein falls on a government holiday, the deadline shall be extended automatically to the next working day at the same hour. 14. The authorized person of your firm should sign each and every page of your Technical and Financial proposals. 15. The MoCPA shall not be responsible for any costs or expenses incurred by your firm for the preparation or delivery of the T&FP. 16. The MOCPA reserves the right to accept or reject any or all T&FPs received without assigning any reason whatsoever. 17. The Public Procurement Act, 2063 (amendment- 2073) and Regulations, 2064 (amendments- 2073) will be followed on the matters if not covered by the clauses mentioned above. Note: It is advised to your firm to submit the required documents for each evaluation criteria as required in the T&FP Documents. The proposal with non-submission of such documents / or Standard Procurement Documents, RFP Consultant Services Direct Purchase, 2008 3

Section 2.Format of Curriculum Vitae matters not mentioned as asked in the T&FP shall be considered as non-responsive and thus excluded from evaluation. Yours sincerely, Ram mani Adhikari Section Officer Member, Procurement Unit Ministry of Cooperatives and Poverty Alleviation Singhadurbar Kathmandu Nepal. Email: rammani.ady@gmail.com Standard Procurement Documents, RFP Consultant Services Direct Purchase, 2008 4

Section 2.Format of Curriculum Vitae Section 2.Format of Curriculum Vitae Key Qualifications: [Give an outline of your /staff member s experience most pertinent to tasks on assignment. Describe degree of responsibility held by you / staff member on relevant previous assignments and give dates and locations. Use about half a printed page.] Education: [Summarize college/university and other specialized education of your / staff member, giving names of schools, dates attended, and degrees obtained. Use about one quarter of a printed page.] Employment Record: [Starting with present position, list in reverse order every employment held. List all positions held by staff member since graduation, giving dates, names and address of employing organizations, titles of positions held, and locations of assignments. For experience in last ten years, also give types of activities performed and client references, where appropriate. Use about two pages.] Languages: [For each language indicate proficiency: excellent, good, fair, or poor in speaking, reading, and writing.] Certification: I, the undersigned, certify that to the best of my knowledge and belief, these data correctly describe me, my qualifications, and my experience. [Signature of staff member and authorized representative of the consultant] Date: Day/Month/Year Full name of staff member: Full name of authorized representative: Seal / Stamp of the Consultant/Firm: Note: The firm should attach the CV recently signed with Date by the proposed professional Staff and Certified by the Consulting Firm. It is also required to submit Certificates of Academic Qualification, Experience Certificates from the client/ or other evidence of experiences. Upon non-submission the said document with certification the respective marks are not awarded for the said criteria. Standard Procurement Documents, RFP Consultant Services Direct Purchase, 2008 5

Section 3 Financial Proposal Submission Form Section 3. Comments of TOR & Knowledge Transfer 3.1 UNDERSTANDING OF ToR AND METHODOLOGY (30 Marks): Please provide brief comments on the understanding of TOR and Methodology focusing particularly in the following sub topics. Further the evaluation on the following topics will be on the basis of quantity, quality and adequacy. S.N. Subject Comments Page number of submitted EoI 1 Understanding of job and objectives of the project/ Data Source 2 Scope of the Assignments (as per ToR) 3 Working Methodology 4 Work Schedule 5 Output/Deliverables 6 Reporting Requirements 8 Manning Schedule 9 Others, if not covered by above matters/contents Note: Separate sheet can be added as required. 3.2 KNOWLEDGE TRANSFER/ TRAINING (10 Marks): Please write the understanding about knowledge transfer/ Training as per TOR. What type of knowledge and how the consultant will transfer to MOCPA and concerned officials as per TOR and also provide comments on this topic. Note: Separate sheet can be added as required. Standard Procurement Documents, RFP Consultant Services Direct Purchase, 2008 6

Section 3 Financial Proposal Submission Form Section 4. Financial Proposal Submission Form [Letterhead of Consultant in case of a Firm ] To:Ministry of Cooperatives and Poverty Alleviation Singhadurbar Kathmandu Nepal. We, the undersigned, offer to provide the consulting services for Profiling of prevailing Laws related to Poverty Alleviation in Nepal in accordance with your Request for Proposal dated 2074/1/... and our Proposal. Our attached Financial Proposal is for the sum of [Amount in words and figures]. This amount is inclusive of all the applicable local taxes ( excluding Value Added Tax). Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract negotiations, up to expiration of the validity period of the Proposal, i.e., [Date]. We understand you are not bound to accept any Proposal you receive. We remain, Yours sincerely, Authorized Signature: Name and Title of Signatory: Name of Consultant: Address: Standard Procurement Documents, RFP Consultant Services Direct Purchase, 2008 7

Section 3 Financial Proposal Submission Form S.N. Description (Ka) Unit (Kha) 1 Remuneration for Personnels 1.1 Consultant Person Man- Month 2 Reimbursable Expenses 2.1 Communication (Telephone/ Month Internet) 2.2 Stationary Month 3 Other Expenses 3.1 One-half Day Workshop at MOCPA Hall LS- as per actul 3.2 Report Preparation LS 4 Total Cost Vat (13%) of SN 4 Grand Total Name of Consulting Firm Name of Authorized person Government of Nepal Ministry of Cooperatives and Poverty Alleviation Singh Durbar, Kathmandu, Nepal Project Name: Profiling of Prevailing laws related to poverty alleviation In Nepal Rate per unit (Ga) Quantity (Gga) Amount NRs. (Nga= Ga*Gha) In figure In words In figure In words Remarks Contact No Fax No Email Signature/Date Standard Procurement Documents, RFP Consultant Services Direct Purchase, 2008 8

Section 4 Terms of Reference Section 4. Terms of Reference Government of Nepal Ministry of Cooperatives and Poverty Alleviation Poverty Alleviation Section Singha Durbar, Kathmandu Terms of Reference (ToR) for profiling of Prevailing Laws related to poverty alleviation sector in Nepal 1. Background: Poverty Alleviation is one of the basic objectives of development agenda since the beginning of the planned economic development in Nepal. Despite several efforts though there is decreasing tendency in the poverty incidence, the achievement has not been as expected so far. With this realization poverty alleviation has been a single objective of Nepal for the national development since its ninth plan and the succeeding plans until now. Realizing the importance of structural and organizational need for poverty alleviation, Government of Nepal (GoN) formed Ministry of Cooperatives and Poverty Alleviation (MoCPA) on 2069 Jestha 5 to look after the poverty related functions of GoN. With this establishment it is now the dedicated ministry for the development, promotion and standardization of co-operatives and poverty alleviation programs in Nepal. The major responsibilities assigned to this ministry is mainly to relate and assist in the economic development of the country through the development of cooperative and that of poverty alleviation programs and its implementation. In this effort the ministry and entities under the ministry and associated organizations have to carry out different works and discharge different responsibilities. Among others the ministry is assigned to formulate, implement, monitor and evaluate the Policy, Plans and Programs related to the cooperatives and Poverty Alleviation; monitor supervision and regulate the organization related to cooperatives and Poverty Alleviation; coordinate the inter-ministerial activities related to the cooperatives and Poverty Alleviation; promote, coordinate, monitor and evaluate the activities of National and International Non-governmental organization (I/NGO) working in the field of cooperatives and poverty alleviation; identify poor households and classify accordingly; work in the areas of Millennium Development Goas (MDGs) related to Poverty Alleviation; study, research and survey related to cooperatives and Poverty Alleviation. After the democratic environment in the country since 1990, the nation has formulated many Acts, laws and policies related to Poverty Alleviation and major ministries and other government affiliated agencies have also been involved in poverty alleviation activities. According to the Human Development Index 2014, Nepal is ranked 145 out of 187 countries with HDI value 0.54 for having poor Standard Procurement Documents, RFP Consultant Services Direct Purchase, 2008 9

Section 4 Terms of Reference living standard (UNDP/N, 2014). These facts and figures indicate that Nepal must have to do a lot in poverty reduction. In Nepal, there are several Laws (Constitution, Treaties, Acts, Rule/Regulations, Directives etc.) have mentioned many provisions related to poverty reduction. However, there is a lack of comprehensive profiling in this regard. So, it is found difficult to disseminate information to concern people about the legal provisions related to poverty alleviation from a single source. As a central coordination agency, the Ministry must acknowledge their Laws related to poverty alleviation (Constitution, Treaties, Acts, Rule/Regulations, Directives etc.) and working areas in poverty reduction so as to assure coverage and effectiveness of Laws, programs and Activities regarding poverty alleviation. The profile of prevailing Laws related to poverty alleviation (Constitution, Treaties, Acts, Rule/Regulations, Directives etc.) is also useful to minimize the chances of duplication of poverty alleviation related legal provisions while preparing Laws as well as to coordinate different agencies while implementing poverty alleviation related programs and projects. In this regard, ministry does not have sufficient manpower and technical expertise to prepare a comprehensive profile of prevailing Laws related to poverty alleviation (Constitution, Treaties, Acts, Rule/Regulations, Directives etc.). So, it has planned to employ an eligible consultant for the preparation of above profile report as soon as possible. 2. Objectives of the assignment: The main objectives of this assignment are as follows: 2.1. Get overall picture of prevailing Laws related to poverty alleviation (Constitution, Treaties, Acts, Rule/Regulations, Directives etc.), which could be used as an integrated source of legal provisions to empower the poor people by disseminating information. 2.2. Establish database and information system based on the said programs 3. Scope of the Assignment: The scope of services to be carried out by the consultant consists of the following: 3.1. Review of the literature: The consultant should be familiar with the prevailing Laws related to poverty alleviation (Constitution, Treaties, Acts, Rule/Regulations, Directives etc.) in Nepal. The consultant should familiar with the government organizations involving in the areas of Poverty Alleviation, roles of MoCPA/ Poor Household Support Coordination Board (PHHSCB)/ Poverty Alleviation Fund (PAF) and ministries and other agencies related to Poverty Alleviation. The consultant should review the prevailing Laws related to poverty alleviation (Constitution, Treaties, Acts, Rule/Regulations, Directives etc.); then Standard Procurement Documents, RFP Consultant Services Direct Purchase, 2008 10

Section 4 Terms of Reference find out the clauses having provisions related to Poverty Alleviation. With the study of these literatures and consultation, the consultant should be able to make a complete profile of the legal provisions of the prevailing Laws (Constitution, Treaties, Acts, Rule/Regulations, Directives etc.) related to the field of poverty alleviation and recommend findings of their works and achievements. 3.2. Consultation with the concerned authorities of MoCPA/NLC/PHHSCB and related ministries: The consultant should consult and meet with the concerned officials of MoCPA/NLC/PHHSCP/related ministries/ after signing the agreement designated counterpart team/individual for better understanding of the job and the requirements. The consultant needs to work in close contact and has consultative meetings with the MoCPA /counterpart team/individual for the schedule of implementation and other activities. This consultation process is necessary for the validation and clarification of the literatures reviewed earlier. It also enables better understanding for setting work scope for the consultant. 3.3. Data collection and analysis: The consultant should collect and analyze data as follows: Secondary Data Collection: The consultant should collect the data from Prevailing Laws related poverty alleviation (Constitution, Treaties, Acts, Rule/Regulations, Directives etc.) published in Nepal Law Commission and other concerned Ministries/agencies. While collecting the data the consultant should pay sufficient attention about the template and required fields for the reporting. If the printed / reported data is not sufficient for obtaining the field name s/he should also obtain the required information from other useful sources. Primary Data Collection: The consultant should also look for the sources of primary data. For this the supplementary information can be obtained / clarified with Nepal law commission as well as from all concerned ministries or departments and agencies, if required through meetings, interviews etc. Such activities need to be recorded for the presentation of the report. Templates for Report Preparation: The consultant should prepare template for the report as per the available data and reports. However, data should mainly contain the name of the prevailing Laws related poverty alleviation (Constitution, Treaties, Acts, Rule/Regulations, Directives etc.); first publication date, amendment publication date, clause number related to Poverty Alleviation, provisions for Poverty Alleviation etc. Then the consultant should categorize the data (legal provisions related to poverty alleviation) in terms of different sectors such as Health, Education, Water and Sanitation, Housing, Agriculture, business, Social security, Target People/group (Women, Dalits, Madheshi, Child, Disables, backward group, Ethnic group etc.) Standard Procurement Documents, RFP Consultant Services Direct Purchase, 2008 11

Section 4 Terms of Reference Standard Analysis: The consultant needs to analyze the data collected as per the standard analysis tools used for social science research. 3.4. Report Preparation: After the data analysis the consultant should prepare a profile of prevailing Laws related poverty alleviation (Constitution, Treaties, Acts, Rule/Regulations, Directives etc.) in the format and template mentioned in the scope of the work and as agreed with MoCPA. The report need to mention the validity of the source. The report needs to be prepared in Standard English with appropriate grammatical correction. Further, the consultant should proposed the activities in detail for Information dissemination of the report. 3.5. Submission of Draft Report and Conduction of Stakeholders Workshop: The consultant should submit the Draft Report to MOCPA before conducting a stakeholder s workshop. The consultant should prepare and conduct a half day Workshop for concerned Stakeholders including officials of MOCPA. The consultant should present the report highlighting the major findings and the main provisions related to poverty alleviation in the prevailing Constitution, Acts, Laws, Regulation and Policies provisions. 3.6. Comments receiving and Final Report Submission: After receiving comments the consultant should prepare Final Report incorporating the comments and should submit the report to MOCPA. Further, the consultant should include in the report an executive summary, the report preparation process, authorities contacted and name of different documents taken as reference, the problems associated with the report writing and comments on the future preparation of such report. The report should be in standard format as per the requirement of TOR. 4. Availability of Study documents and Data: As the ministry is new it does not have the past study documents on this matter. However, other available documents regarding poverty related policy shall be made available. The consultant needs to study document and data from Nepal Law Commission and other ministries as well as related agencies. 5. Output/Deliverables: The consultant after the completion of the task assigned shall submit the following deliverables to the ministry. Profile Report as mentioned in the Scope of Work (Hard two copies) and a soft copy in Standard Report Format. Hard copy and soft copy of Work shop presentation Power Point Slides, received comments and suggestions. All the reports and materials collected for the purpose of preparing the profile progress report. Standard Procurement Documents, RFP Consultant Services Direct Purchase, 2008 12

Section 4 Terms of Reference 6. Qualification, Training and Work Experience: The consultant should have following academic qualification, training and experience: Masters Degree in Economics or Public Policy or Management or Rural Development or Bachelor Degree in Law from the recognized University. Preference will be given to the consultant having higher degree in the relevant field. Notary Public certificate from concerned authorities is mandatory only for consultant having only Bachelor Degree in Law. At least five years experience in the field of poverty alleviation and / or rural development. 7. Facilities/Services to be provided by the ministry: Following facilities/services shall be provided by the MoCPA: Facilitate during the study period. Provide a room shared with the staffs of ministry Coordinate with other ministries or agencies Designate a staff for facilitation. 8. Duration of the Assignment: The consultant should complete all the tasks, obligations, presentations and reporting within Three months (Twelve weeks) from the date of signing the Contract Agreement. The Activities/ Work schedule are as follows: SN Activities Mobilization of Consultant 1 2 3 4 5 6 7 8 2 Review of Literature about prevailing Laws related poverty alleviation (Constitution, Treaties, Acts, Rule/Regulations, Directives etc.); and functions of different organizations related to Poverty Alleviation 3 Consultation with the concerned authorities of the MoCPA/Nepal Law commission & related agencies 4 Data collection and analysis (collection of legal provisions related to poverty alleviation from prevailing Laws (Constitution, Treaties, Acts, Rule/Regulations, Directives etc); Sector wise categorization of data, tabulation of data as per the format of template and analysis) Standard Procurement Documents, RFP Consultant Services Direct Purchase, 2008 13

Section 4 Terms of Reference 5 6 7 8 Report Preparation Submission of Draft Report Conduction of a workshop for stakeholders and comments receiving Receiving comments, preparation and submission of Final Report 9. Reporting Requirement: The consultant should prepare report as follows: Inception Report Within 1 week. Monthly Report On or within 7 th day of every month Draft Final Report Before 18 days prior to expiring of contract agreement Final Report Before 3 days prior to expiring of contract agreement after incorporation of comments/suggestions, if any, in the draft final report. 10. Knowledge Transfer: The consultant needs to brief the concerned officials of MoCPA about the process of report writing and report findings and and actions to be taken for future in this regard. *** Standard Procurement Documents, RFP Consultant Services Direct Purchase, 2008 14

Section 5.Standard Form of Contract Section 5: S T A N D A R D F O R M O F C O N T R A C T Consultants Services (Direct Purchase) Title of Consulting Services: Profiling of prevailing Laws related to Poverty Alleviation in Nepal Project Name: Profiling of prevailing Laws related to Poverty Alleviation in Nepal Office Name: Ministry of Cooperatives and Poverty Alleviation Office Address: Singhdurbar, Kathmandu Consultant Direct Purchase Assignments, 2008

Section 5.Standard Form of Contract Sample Contract for Consulting Services Direct Purchase Assignments Lump-Sum Payments CONTRACT THIS CONTRACT ( Contract ) is entered into this [insert starting date of assignment], by and between Ministry of Cooperatives and Poverty Alleviation ( the Client ) having its principal place of business at Singhdurbar, Kathmandu, and [insert Consultant s name] ( the Consultant ) having its principal office located at [insert Consultant s address]. WHEREAS, the Client wishes to have the Consultant to perform the services hereinafter referred to, and WHEREAS, the Consultant is willing to perform these services, NOW THEREFORE THE PARTIES hereby agree as follows: 1. Services a. The Consultant shall perform the services specified in Annex A, Terms of Reference and Scope of Services, which is made an integral part of this Contract ( the Services ). b. The Consultant shall provide the personnel listed in Annex B, Consultant s Personnel, to perform the Services. c. The Consultant shall submit to the Client the reports in the form and within the time periods specified in Annex C, Consultant s Reporting Obligations. 2. Term The Consultant shall perform the Services during the period commencing [insert starting date] and continuing through [insert completion date], or any other period as may be subsequently agreed by the parties in writing. 3. Payment A. Ceiling For Services rendered pursuant to Annex A, the Client shall pay the Consultant an amount not to exceed [insert amount]. This amount has been established based on the understanding that it includes all of the Consultant's costs and profits as well as any tax obligation that may be imposed on the Consultant. B. Schedule of Payments The schedule of payments is specified below: 1 [insert amount Nepali Currency] upon the Client's receipt of a copy of this Contract signed by the Consultant; [insert amount in Nepali currency] upon the Client's receipt of the draft report, acceptable to the Client; and [insert amount in Nepali currency] upon the Client's receipt of the final report, acceptable to the Client. 1 Modify, in order to reflect the output required, as described in Annex C. Consultant Direct Purchase Assignments, 2008 16

Section 5.Standard Form of Contract [insert amount and currency] Total: C. Payment Conditions Payment shall be made in Nepali Rupees, no later than 15 days following submission by the Consultant of invoices in duplicate to the Coordinator designated in paragraph 4. 4. Project Administration A. Coordinator. The Client designates Mr. /Ms. [insert name] as Client's Coordinator; the Coordinator will be responsible for the coordination of activities under this Contract, for acceptance and approval of the reports and of other deliverables by the Client and for receiving and approving invoices for the payment. B. Reports. The reports listed in Annex C, Consultant's Reporting Obligations, shall be submitted in the course of the assignment, and will constitute the basis for the payments to be made under paragraph 3. 5. Performance Standards The Consultant undertakes to perform the Services with the highest standards of professional and ethical competence and integrity. The Consultant shall promptly replace any employees assigned under this Contract that the Client considers unsatisfactory. 6. Confidentiality The Consultants shall not, during the term of this Contract and within two years after its expiration, disclose any proprietary or confidential information relating to the Services, this Contract or the Client's business or operations without the prior written consent of the Client. 7. Ownership of Material 8. Consultant Not to be Engaged in Certain Activities Any studies reports or other material, graphic, software or otherwise, prepared by the Consultant for the Client under the Contract shall belong to and remain the property of the Client. The Consultant may retain a copy of such documents and software. 2 The Consultant agrees that, during the term of this Contract and after its termination, the Consultant and any entity affiliated with the Consultant, 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. Responsibility The Consultant shall be responsible to fulfil his obligations as per the requirement of the Contract Agreement, RFP documents and Procurement Act and Regulations. 10. Insurance The Consultant will be responsible for taking out any appropriate insurance coverage. 11. Assignment The Consultant shall not assign this Contract or sub-contract any portion of it without the Client's prior written consent. 2 Restrictions about the future use of these documents and software, if any, shall be specified at the end of Article 7. Consultant Direct Purchase Assignments, 2008 17

Section 5.Standard Form of Contract 12. Law Governing Contract and Language 12. Dispute Resolution The Contract shall be governed by the laws of Nepal and the language of the Contract shall be English. Any dispute arising out of the Contract, which cannot be amicably settled between the parties, shall be referred to adjudication. FOR THE CLIENT FOR THE CONSULTANT Signed by Title: Signed by Title: Consultant Direct Purchase Assignments, 2008 18

Section 5. Standard Form of Contract List of Annexes Annex A: Annex B: Annex C: Terms of Reference and Scope of Services Consultant s Personnel Consultant s Reporting Obligations Consultant Direct Purchase Assignments, 2008 19

Section 5. Standard Form of Contract Annex A - Terms of Reference The consultant is required to provide the services as per the TOR Annex B Consultant s Personnel Titles [and names, if already available], detailed job descriptions and minimum qualifications of Key Personnel to be assigned to work and staff-months for each. The consultant must ensure the appointment of the following key staff for the successful execution of the assignment: S.N. Type of Professional Job Description Minimum Qualification Experience 1 Consultant Work as an expert for profiling prevailing Laws related to Poverty Alleviation in Nepal Masters Degree in Economics or Public Policy or Management or Rural Development or Bachelor Degree in Law from the recognized University. Preference will be given to the consultant having higher degree in the relevant field. Notary Public certificate from concerned authorities is mandatory only for consultant having only Bachelor Degree in Law. At least five years experience in the field of poverty alleviation and / or rural development. Annex C Consultant s Reporting Obligation 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. The consultant should prepare and submit reports as follows: Inception Report Within 1 week. Monthly Progress Report Within 7 th day of every month Draft Final Report Before 18 days prior to expiring of contract agreement Final Report Before 3 days prior to expiring of contract agreement after incorporation of comments/suggestions, if any, in the draft final report. ****** Consultant Direct Purchase Assignments, 2008 20