Agreement

This Agreement is made the…………. day of the month of ……………………… between ……………………… of ………………………………………….. (hereinafter called the “Procuring Entity”) and ……………………………………….. of …………… hereinafter called the “Supplier”).

WHEREAS

(a) the Procuring Entity has requested the Supplier to provide certain consultancy services (hereinafter called the “Services”) as defined herein and attached to this Contract;

(b) the Supplier having represented to the Procuring Entity that it has the required professional skills, personnel and technical resources, has agreed to provide the Services on the terms and conditions set forth in this Contract;

NOW THEREFORE the parties hereto agree as follows:

1. The documents forming the Contract shall be as stated and in the order of priority stated in the General Conditions of Contract.

2. The mutual rights and obligations of the Procuring Entity and the Supplier shall be as set forth in the Contract, in particular:

(a) The Supplier shall carry out the Services in accordance with the provisions of the Contract; and

(b) The Procuring Entity shall pay the Supplier the Contract Price of Ethiopian Birr ____________________ or such other sum as may become payable under the provisions of the Contract, at the times and in the manner prescribed by 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 by __________________________________ (for the Procuring Entity)

Name: __________________________________ Authorised Representative

Position: __________________________________

Signed by __________________________________ (for the Supplier)

Name: __________________________________ Authorised Representative

Position: __________________________________

Witnesses

1. ---------------------------

2. ---------------------------

Appendices

Appendix A Description of Services

Detailed descriptions of the Services to be provided, dates for completion of tasks, submission of reports and other deliverables etc.

Taken from Section 6 of the Request for Proposals document, modified as required by the comments and suggestions in the Supplier’s proposal and any negotiations.

Appendix B Key Personnel and Sub-Consultants

Team Composition, including names (where already known), firms, positions, tasks assigned and staff-months for each. List of approved Sub-Consultants.

Taken from Form T5 Team Composition and Form T7 Staffing Schedule of the Supplier’s proposal, modified and supplemented as required.

Appendix C Breakdown of Contract Price/Cost Estimates

For Lump Sum Contracts, list the breakdown of fee rates and reimbursable expenses, using Forms F3 Summary of Fees and F4 Summary of Reimbursable Expenses from the Supplier’s proposal, modified and supplemented as required. Add the wording “This appendix will be used exclusively for determining remuneration and costs for additional services”.

For Time-Based Contracts, list the estimated input quantities, fee rates and reimbursable expenses and show totals for each activity, if applicable, and the overall assignment. Use Forms F2 to F4 from the Supplier’s proposal, modified and supplemented as required. Add the wording “The inputs and quantities shown are estimates only. Payment will be made for the actual inputs provided, in accordance with the terms of the contract”.

Insert multiple tables, as required, where the assignment is divided into separate activities.

Appendix D Services and Facilities Provided by the Procuring Entity

Details of the inputs to be provided by the Procuring Entity, including data, services and facilities and any counterpart staff.

Note to Bidders: The Advance Payment Security should be on the letterhead of the issuing Financial Institution and should be signed by a person with the proper authority to sign documents that are binding on the Financial Institution.

Advance Payment Security

(Bank Guarantee)

Date: [insert date (as day, month, and year) of Advance Payment Security]

Procurement Reference No.: [insert Procurement Reference number]

To: [insert complete name of Procuring Entity]

In accordance with the payment provision included in the Contract, in relation to advance payments, [insert complete name of Supplier] (hereinafter called “the Supplier”) shall deposit with the Procuring Entity a security consisting of [indicate type of security], to guarantee its proper and faithful performance of the obligations imposed by said Clause of the Contract, in the amount of [insert currency and amount of guarantee in words and figures].

We, the undersigned [insert complete name of Guarantor], legally domiciled in [insert full address of Guarantor] (hereinafter “the Guarantor”), as instructed by the Supplier, agree unconditionally and irrevocably to guarantee as primary obligor and not as surety merely, the payment to the Procuring Entity on its first demand without whatsoever right of objection on our part and without its first claim to the Supplier, in the amount not exceeding [insert currency and amount of guarantee in words and figures].

This security shall remain valid and in full effect from the date of the advance payment received by the Supplier under the Contract until [insert day and month], [insert year].

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458, except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.

Name: [insert complete name of person signing the Security]

In the capacity of [insert legal capacity of person signing the Security]

Signed: [signature of person whose name and capacity are shown above]

Duly authorised to sign the Security for and on behalf of: [insert complete name of the Financial Institution]

Dated on ____________ day of __________________, _______ [insert date of signing]