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TRANSMISSION COMPANY OF NIGERIA (TCN)

October 29, 2018

PART I – SELECTION PROCEDURES AND REQUIREMENTS

Section1. Instructions to Consultants

A.  General Provisions

1.      Definitions

(a)    “Affiliate(s)” means an individual or an entity that directly or indirectly controls, is controlled by, or is under common control with the Consultant.

(b)   “Applicable Law” means the laws and any other instruments having the force of law in the Client’s country, or in such other country as may be specified in the Data Sheet, as they may be issued and in force from time to time.

(c) “Client” means the implementing agencythat signs the Contract for the Services with the selected Consultant.

(d)   “Consultant” means a legally-established professional consulting firm or an entity that may provide or provides the Services to the Client under the Contract.

(e) “Contract” means a legally binding written agreement signed between the Client 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).

(f) “Data Sheet” means an integral part of the Instructions to Consultants (ITC) Section 2 that is used to reflect specific country and assignment conditions to supplement, but not to over-write, the provisions of the ITC.

(g)“Day” means a calendar day.

(h)   “Experts” means, collectively, Key Experts, Non-Key Experts, or any other personnel of the Consultant, Sub-consultant or Joint Venture member(s).

(i)     “Government” means the government of the Client’s country.

(j)     “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 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.

(k)   “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.

(l)     “ITC” (this Section 1 of the RFP) mean the Instructions to Consultants thatprovidesthe shortlisted Consultants with all information needed to prepare their Proposals.

(m) “LOI” means the Letter of Invitation being sent by the Client to the shortlisted Consultants.

(n)   “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.

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

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

(q)   “SRFP” means the Standard Request for Proposals, which may be used by the Client as thebasis for the preparation of the RFP.

(r)     “Services” means the work to be performed by the Consultant pursuant to the Contract.

(s)    “Sub-consultant” means an entity to whom the Consultant intends to subcontract any part of the Services while remaining responsibleto the Client during the performance of the Contract.

(t)     “TORs” (this Section 7 of the RFP) 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.

(u)   “ESIA” means Environmental and SocialImpact Assessment conducted in respect of the works and in accordance with the requirements of the Environmental Impact Assessment Act, 86, 1992 Revised 2013;

(v)   “ESMP” means Environmental & Social Management Plan

(w) “FMEnv” means Federal Ministry of Environment

(x)   “Ls” means Lines

(y)   “SS” means Sub-station

2.      Introduction

2.1              The Client named in the Data Sheetintends to select a Consultant from those listed in the Letter of Invitation, in accordance with the method of selection specified in the Data Sheet.

2.2              The shortlisted Consultants are invited to submit a Technical Proposal and a Financial Proposal for consulting services required for the assignment named in the Data Sheet. The Proposal will be the basis for negotiating and ultimately signing the Contract with the selected Consultant.

2.3              The Consultants should familiarize themselves with the local conditions and take them into account in preparing their Proposal; including attending a pre-proposal conference if one is specified in the Data Sheet. Attending any such pre-proposal conference is optional and is at the Consultants’ expense.

2.4              The Client will timely provide, at no cost to the Consultants, the inputs, relevant project data, and reports required for the preparation of the Consultant’s Proposal as specified in the Data Sheet.

3.      Conflict ofInterest

3.1              The Consultant is/are requiredtoprovide professional, objective, and impartial advice, at all times holding the Client’s interests paramount, strictly avoiding conflicts with other assignments or its own corporate interests, and acting without any consideration for future work.

3.2              The Consultant has an obligation to disclose to the Client any situation of actual or potential conflict that impactsits capacity to serve the best interest of its Client. Failure to disclose suchsituations may lead to the disqualification of the Consultant or the termination of its Contract.

3.2.1                  Without limitation on the generality of the foregoing, and unless stated otherwise in the Data Sheet, the Consultant shall not be hired under the circumstances set forth below:

a.  Conflicting activities

(i)      Conflict between consulting activities and procurement of goods, works or non-consulting services: a firm that has been engaged by the Client to provide goods, works, or non-consulting services for a project, or any of its Affiliates, shall be disqualified from providing consulting services resulting from or directly related to those goods, works, or non-consulting services. Conversely, a firm hired to provide consulting services for the preparation or implementation of a project, or any of its Affiliates, shall be disqualified from subsequently providing goods or works or non-consulting services resulting from or directly related to the consulting services for such preparation or implementation.

b. Conflicting assignments

(ii)     Conflict among consulting assignments: a Consultant (including its Experts 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 for the same or for another Client.

c. Conflicting relationships

(iii)    Relationship with the Client’s staff:a Consultant (including its Experts and Sub-consultants) that has a close business or family relationship with a professional staff  of the Clientwho are directly or indirectly involved in any part of (i) the preparation of the Terms of Reference for the assignment, (ii) the selection process for the Contract, or (iii) the supervision of the Contract, may not be awarded a Contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable to the Client throughout the selection process and the execution of the Contract.

4.      Unfair Competitive Advantage

4.1Fairness 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 Client shall indicate in the Data Sheetandmake 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.

5.      Corrupt and Fraudulent Practices

5.1 The Client requires compliance with its policy in regard to corrupt and fraudulentpractices as set forth in Section 6.

5.2 In further pursuance of this policy, Consultant shall permit and shall cause its agents, Experts, Sub-consultants, sub-contractors, services providers, or suppliers to permit the Client to inspect all accounts, records, and other documents relating to the submission of the Proposal and contract performance (in case of an award), and to have them audited by auditors appointed by the Agency.

6.      Eligibility

6.1              The Client permits consultants (firms, including Joint Ventures and their individual members) countries to offer consulting services for projects subject to compliance with the eligibility criteria specified in Section 5.

6.2              Furthermore, it is the Consultant’s responsibility to ensure that itsExperts, joint venture members, Sub-consultants, agents (declared or not), sub-contractors, service providers, suppliers and/or their employees meet the eligibility requirements as established by the Client inthe Section 5.

6.3              Government officials and civil servants of the Client’s country are not eligible to be included as Experts in the Consultant’s Proposal unless such engagement does not conflict with any employment or other laws, regulations, or policies of the Client’s country, and they

(i) are on leave of absence without pay, or have resigned or retired

(ii) are not being hired by the same agency they were working for before going on leave of absence without pay, resigning, or retiring;

(iii) Their hiring would not create a conflict of interest.

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