for Projects within the Scope of German Technical Cooperation January 2009

Transcription

1 General Terms of Contract Governing Contracts for Consulting Services* Concluded with the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH Eschborn Federal Republic of Germany for Projects within the Scope of German Technical Cooperation January General Principles and Obligations 2. Assignment of Personnel 3. Obligation of the Firm of Consultants to Furnish Information 4. Partner Inputs 5. Procurement of Equipment and Materials and Commissioning of Subcontractors 6. Reporting 7. Studies/Appraisals 8. Rights of Use/Documents on Results of Work 9. Replacement of Experts 10. Pricing 11. Items of Remuneration 12. Terms of Payment for Contracts for Services/Submission of Accounts 13. Terms of Payment for Contracts for Work and Labour 14. Leave/Sickness 15. Warranty/Liability 16. Obligations of the Experts and Subcontractors 17. Interruptions in Activities 18. Termination 19. Partial Invalidity 20. Amendments/Written Form 21. Place of Performance/Jurisdiction 22. Contract Components avbc-en.doc (01/2011) 1

2 1. General Principles and Obligations 1.1 Scope of Application The General Terms of Contract apply to contracts concluded for the implementation of German technical cooperation projects with developing countries. The Firm of Consultants shall clearly indicate that it is carrying out the tasks within the scope of a project assisted by the Government of the Federal Republic of Germany and in performance of its Contract with the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH as its client, hereinafter referred to as the GIZ. The aforementioned Contract is a subcontract to a public commission awarded to the GIZ. 1.2 Cooperation with Other Institutions The Firm of Consultants and its employees shall endeavour to ensure good cooperation with the authorities of the country of assignment. For the duration of the Contract, the Firm of Consultants and its employees shall refrain from any interference whatsoever in the internal affairs of the country of assignment, in particular with regard to its politics, religion, manners and customs. They shall be intent on maintaining friendly relations between the said country and the Federal Republic of Germany. The way in which they conduct their activities shall not give the impression of supervision or control of the country of assignment. The Firm of Consultants and its employees shall undertake to cooperate in an appropriate manner with the German mission abroad, with other specialists engaged in the country of assignment within the scope of German technical or financial cooperation activities, with the representatives of the Federal Republic of Germany on an official mission in the country of assignment and with the representatives and experts of multilateral organizations, insofar as these have an impact on project activities. 1.3 Discretion and Comments vis-à-vis Third Parties All data and other information which become known to the Firm of Consultants in the course of or in connection with the execution of the Contract shall be treated confidentially insofar as this is called for by the nature of the matter or is expressly required by the GIZ. The utilization of such data and information for the Firm of Consultants' own purposes is not permitted. Sentences 1 and 2 shall remain in force following expiration of the Contract. The Firm of Consultants shall refrain from making any comment which might be interpreted as an undertaking to third parties for further contributions within the scope of technical cooperation between the Federal Republic of Germany and the country of assignment. 1.4 Observance of the Regulations of the Country of Assignment With due regard to the provisions of the respective agreements/exchange of notes, the Firm of Consultants and its experts shall observe the regulations in force at the time in respect of foreign exchange and border-crossing as well as the other regulations of the country of assignment. 1.5 Sale of Equipment and Materials Acquired Duty-Free or Under Other Favoured Conditions In order to uphold the reputation of the Federal Republic of Germany and German technical cooperation activities, the Firm of Consultants and its experts must observe the following regulations Sale of Motor Vehicles Motor vehicles which were imported or acquired under favourable tax, levy or duty conditions on the basis of special import conditions for persons residing in the country of assignment in connection with the implementation of technical cooperation projects may be sold in the avbc-en.doc (01/2011) 2

3 country of assignment only in the following cases, even if such sale would otherwise be permissible according to the regulations in force in the country of assignment: a) The sale is expedient from an economic point of view. As a rule, this is the case if the vehicle is over 2 years old and has been driven for at least 60,000 km. b) The vehicle has deteriorated to an unusually high degree even though it is less than 2 years old and has been driven for less than 60,000 km. c) In the event of the vehicle being a total economic loss. d) At the end of the expert's assignment if re-transfer costs are saved as a result of the sale or if it is not possible to keep the vehicle at the new location of assignment. The Firm of Consultants shall be responsible for ensuring that these regulations are observed by its experts. Any proposed sale shall be notified to the competent German mission abroad giving details of the date and price of purchase, the number of kilometres driven, the sale price and intended date of sale. Should the requirements specified under a) - c) not be fulfilled, the German missions abroad shall defer processing of the declaration of customs exemption and other papers which are necessary in respect of the sale of the vehicle or the import or purchase of a replacement vehicle, until a decision on this matter has been made by the German Federal Foreign Office Sale of Other Utility Items Section shall apply mutatis mutandis to the sale of other items imported duty-free or under special import conditions. Here, too, the sale must be expedient from an economic point of view. Notification to the German mission abroad shall not be required insofar as it is not prescribed for the country concerned. 1.6 Design of Business Cards and Project Business Stationery The partner organization and the GIZ's Principal Advisor shall be consulted with regard to the design of project-related business cards or business stationery of the Firm of Consultants. In all cases, the Firm of Consultants must use the GIZ's logo and include the following information (if appropriate, in the pertinent lingua franca): "A project/programme assisted by the German Government via the GIZ". 1.7 Code of Conduct (Annex 1) The Firm of Consultants shall take note that GIZ employees are obliged to observe the principles contained in the Code of Conduct valid within the GIZ in its respective version. The Firm of Consultants shall undertake to respect the directives and guidelines of the GIZ's Code of Conduct when dealing with GIZ employees. The Firm of Consultants shall always act impartially and loyally in its capacity as an advisor. It shall accept commissions where a conflict of interest is to be anticipated due to the nature of the commission, or due to personal or financial connections with third parties, only after prior consultation with the GIZ. Moreover, the Firm of Consultants shall make a binding declaration that it or companies with which it is associated shall not apply to act as manufacturers, suppliers or building contractors for the project unless prior written approval has been obtained from the GIZ. In the event of a violation of the above provisions, the GIZ shall be entitled to terminate the Contract immediately pursuant to Section 18.3 of these General Terms of Contract. If, in the course of an existing contractual relationship, any such conflict of interest should arise, the Firm of Consultants must reveal this to the GIZ without delay and discuss and agree upon the further procedure with the GIZ. If the Firm of Consultants and the GIZ are unable to reach agreement on the matter, the GIZ shall also be entitled to terminate the Contract immediately pursuant to Section 18.3 of these General Terms of Contract. This right of termination also applies if the Firm of Consultants fails to inform the GIZ immediately of any conflict of interest and the GIZ gains knowledge of this fact. avbc-en.doc (01/2011) 3

4 1.8 Restraint of Competition/Bribery/Contractual Penalty The GIZ is entitled to terminate the Contract immediately in accordance with Section 18.3 of these General Terms of Contract if the Firm of Consultants or one of its employees or representatives gives or offers a gift or other benefit to a GIZ staff member, family member of a GIZ staff member or other GIZ affiliate in connection with the award or execution of the Contract. The same applies if the Firm of Consultants or one of its employees accepts gifts or other benefits from third parties in connection with the execution of the Contract. This right of termination also applies if the Firm of Consultants has agreed on restraint of competition with other bidders. In each of the cases specified, the Firm of Consultants shall be obliged to pay a contractual penalty of EUR 25,000. If the benefit bestowed on the staff member or family member exceeds EUR 25,000, the Firm of Consultants shall owe a contractual penalty equal to the benefit granted. Further rights to claim for damages shall remain unaffected. However, the contractual penalty shall be offset against any such claims for damages. 2. Assignment of Personnel 2.1 Requirements to be Met by the Seconded Experts The Firm of Consultants shall be responsible for ensuring that only such experts are seconded to the country of assignment as are capable of successfully carrying out the set tasks, possess the necessary knowledge of the country and satisfy health requirements for the area of assignment. The Firm of Consultants shall ensure that the necessary inoculations are obtained. The Firm of Consultants and its employees shall bear in mind that they are carrying out a development-policy task within the scope of a project being assisted by the Government of the Federal Republic of Germany. Being well informed on such development-policy matters as are relevant to their work shall thus be an integral part of the professional competence required of them. As a further consequence of the development-policy tasks undertaken, the transfer of knowledge and skills to experts of the country of assignment shall be accorded particularly great importance. In case of doubt, it shall be given priority over the prompt completion of specialized tasks by the seconded experts themselves. Furthermore, the development-policy task demands that the experts undertake to adapt their conduct to the local conditions as far as expedient in respect of the task undertaken. In this regard, a separation between the work and private spheres is not always possible to the same extent as in the expert's home country. The experts and their family members shall therefore take into account their special mission in the private sphere too. In particular, an inappropriately extravagant style of living shall be avoided. Insofar as the experts of the Firm of Consultants require special preparation for their assignment as regards knowledge of country-specific matters and/or development-policy issues to enable them to fulfil these conditions, the GIZ shall assume a share of the related costs pursuant to Section of these General Terms of Contract. 2.2 Designation of Experts to be Assigned To implement the tasks undertaken, the Firm of Consultants shall assign experts, the number and qualifications of whom are specified in the Contract. In the event that several avbc-en.doc (01/2011) 4

5 persons are assigned, it shall designate the project manager/team leader and his/her deputy following consultation with the GIZ. 2.3 Participation in Discussions with the GIZ For the term of the Contract and at the request of the GIZ, the project manager/team leader and/or the experts shall participate in discussions at the GIZ or authorities, offices, etc. designated by the same. This shall apply in particular to discussions which the GIZ considers necessary during the seconded experts' home leave. The time required in this respect shall be deemed actual time spent on fulfilling the contractual obligations pursuant to Section If agreed, the costs of additional air travel, accommodation and per diem allowances as well as other ancillary travel expenses shall be remunerated separately by the GIZ. 2.4 Notification of Travel Dates Prior notification shall be given to the GIZ of all outward and homeward journeys made by the experts, including those undertaken for the purposes of leave. In the event of home leave being planned, the GIZ shall be notified of the relevant dates at least 3 weeks before leave begins so that it can schedule the necessary meetings during the expert's leave. The obligation of the Firm of Consultants pursuant to Section 3.1 shall remain unaffected. 2.5 Protection of the Experts The Firm of Consultants undertakes to adopt the necessary measures to guarantee the protection of the experts it has assigned to the project. It shall ensure that the experts seconded to the country of assignment are adequately insured. The GIZ expressly disclaims all liability consequential to property damage, sickness, bodily injury and death in respect of the Firm of Consultants or its experts. 2.6 Prohibition of Extracontractual Activities The Firm of Consultants shall ensure that the experts working in the country of assignment do not pursue any interests alien to the project while carrying out their tasks. Prior written approval must be obtained from the GIZ for all extracontractual activities (sidelines) carried out by the experts in the country of assignment, including those conducted without payment. 2.7 Working Time The working time per week of the experts of the Firm of Consultants on assignments abroad shall be geared to project requirements and the customary working conditions in the country of assignment. 2.8 Processing of Personal Data by the GIZ The Firm of Consultants shall secure the written consent of its experts for the processing of personal data by the GIZ (Articles 1 and 4 of the German Federal Data Protection Law). The GIZ shall process personal data only insofar as this is necessary for material or organizational reasons. 3. Obligation of the Firm of Consultants to Furnish Information 3.1 Procedure in Emergencies The Firm of Consultants is obliged to provide information to the GIZ at all times on the experts and their family members who are currently residing in the country of crisis within the framework of the Contract with the GIZ, using the GIZ data sheets intended for this purpose (Annex 2). The data must be reported within no more than six hours of the GIZ s informal request directly by fax or to the GIZ s crisis officer ( Krisenbeauftragter@giz.de. avbc-en.doc (01/2011) 5

6 fax no.: / ). The Firm of Consultants shall ensure that the data reported is complete and correct. This shall not affect the obligations in respect of notification pursuant to Sections 2.4 and 3.2. In order to receive the request to report data, the Firm of Consultants shall ensure that it is contactable for the GIZ at all times for the entire term of the Contract under the telephone and if applicable additional fax number(s) to be notified to the GIZ for this purpose. The GIZ shall be notified without delay and in writing of any changes to the telephone or if applicable fax number(s). In the event of a crisis, the Firm of Consultants and the experts it assigns are obliged to comply with the GIZ s instructions without delay and to participate in evacuation measures if necessary. Furthermore, they shall maintain close contact with the competent German mission abroad and comply with its instructions. Should the experts be withdrawn from the crisis area, the express consent of the GIZ must be obtained prior to their re-entry. In the event of a violation of the above obligations, the GIZ may suspend payments due to the Firm of Consultants under the Contract. Furthermore, the Firm of Consultants shall reimburse the GIZ for the additional expenses resulting for the GIZ and/or the Federal Republic of Germany from the violation of obligations. 3.2 Notification to the German Mission Abroad and the Partner Organization The competent German mission abroad shall be notified of each outward and homeward journey made by the experts of the Firm of Consultants. In addition to the registration of the persons concerned in due time with the German mission abroad, the partner organization shall be duly informed before each initial outward journey, giving particulars of the project number and the brief project title as well as the names, professions and dates of arrival of the experts departing for the project. Upon arrival in the country of assignment, the project manager/team leader shall present himself/herself to the competent German mission abroad without delay. He/she shall inform the latter as to the tasks and activities of the Firm of Consultants in the country of assignment within the scope of the Contract awarded to the Firm of Consultants. Any prolongations of the project assignment shall be reported in the same manner. 3.3 Information on Project Progress The GIZ shall be entitled to review at any time the progress and results attained in respect of execution of the Contract. The Firm of Consultants shall ensure that the documents necessary in this regard are available at all times and shall provide the information required. At the request of the GIZ, the Firm of Consultants shall also furnish information to the German Federal Ministry for Economic Cooperation and Development (BMZ) and other competent authorities of the Federal Republic of Germany or persons and organizations commissioned by the GIZ, and enable the same to carry out inspections. If possible, the GIZ shall advise the Firm of Consultants of visits to the project in advance in each case. 4. Partner Inputs 4.1 Availment The Firm of Consultants shall avail itself of the arrangements concerning partner inputs which are set out in agreements/exchange of notes and implementation agreements under international law or shall, by recourse to the competent German mission abroad, insist that pledged partner inputs be furnished. avbc-en.doc (01/2011) 6

7 4.2 Non-provision of Partner Inputs In the event of the partner inputs pledged in the agreements/exchange of notes and implementation agreements not being furnished, being furnished only partly or not in due time, or if contributions above and beyond those agreed are granted, the GIZ shall be informed to this effect without delay; details of the impacts thereof on project implementation shall also be given. In the event of partner inputs not being made in due form, suggestions for remedial action shall be submitted to the GIZ. 4.3 Adjustment of Contract If the German mission abroad confirms in writing that the planned partner inputs have not been furnished in due form, the GIZ and the Firm of Consultants shall make supplementary agreements. Should the provision of partner inputs above and beyond those originally agreed result in a reduction of expenditure by the Firm of Consultants, the GIZ and the Firm of Consultants shall adjust the contract price accordingly. The GIZ's right to give notice of termination pursuant to Section 18 shall remain unaffected. 5. Procurement of Equipment and Materials and Commissioning of Subcontractors 5.1 Principle for the Procurement of Equipment and Materials Items of equipment and materials which are not or shall not become the property of the Firm of Consultants shall be procured by the GIZ. The Firm of Consultants shall draw up the itemized, non-manufacturer-related requisitions necessary in this regard and agree these with the GIZ. The Firm of Consultants shall settle procedures in connection with receipt of merchandise on location or assist the partner organization in doing so. In particular this shall include: - having merchandise cleared by customs or support of the recipient (partner authority) with customs clearance; - Examination of consignments to ascertain whether the goods are complete or whether loss or damage has occurred in transit (where applicable, issue notice of damage to the GIZ); - Transmission of confirmation of receipt to the GIZ. The Firm of Consultants shall treat the project s equipment and materials with all due diligence and shall mark them as prescribed by the GIZ. Private use of these items by the Firm of Consultants and its experts shall not be admissible. With due regard to Section , private use of official vehicles may be contractually agreed in justified exceptional cases. 5.2 Purchasing of Equipment, Materials and Services by the Firm of Consultants If it is contractually agreed that the Firm of Consultants shall procure equipment and materials or if subcontractors are commissioned, the following provisions shall apply: Standard Official Contracting Rules for Services (Verdingungsordnung für Leistungen VOL) The Firm of Consultants undertakes to make purchases according to economic principles. When purchasing equipment, materials and services, it shall apply Part A of the Standard Official Contracting Rules for Services (VOL) in the version valid at the time in question. In the case of individual orders up to a value of EUR 20,000, it is not necessary to issue an invitation to tender in accordance with the provisions of the VOL. However, even when purchasing equipment, materials and services with an order value of up to EUR 20,000, the avbc-en.doc (01/2011) 7

8 rules of general competition are to be observed and the principles of thrift and economy adhered to in the execution of the Contract. The order is to be placed on the basis of at least three submitted bids Warranty Agreements for the Procurement of Equipment and Materials The Firm of Consultants undertakes to enter into warranty agreements with the suppliers which shall not put the GIZ in a less advantageous position than other clients in comparable transactions. At the request of the GIZ, the Firm of Consultants shall assign its claims arising from subcontracts to the GIZ and support the GIZ in enforcing them Purchasing Procedure for the Procurement of Equipment and Materials The Firm of Consultants undertakes to render all commercial and technical services connected with procurement, transport and insurance, such as obtaining and examining bids, conducting price negotiations, processing orders, and acceptance of goods. It shall arrange all shipments such that no delays occur in the course of the project The Firm of Consultants shall enter into an agreement with the respective supplier stipulating that payments shall not be effected until the supplies have been received or accepted by the Firm of Consultants. The Firm of Consultants shall take advantage of any rebates, discounts, etc. and pass them on to the GIZ Remuneration for Procurement of Equipment and Materials In exceptional cases, separate remuneration may be contractually agreed for the procurement of equipment and materials by the Firm of Consultants. This remuneration shall be calculated according to the inputs required in terms of work and materials on the part of the Firm of Consultants. 5.3 Inventories An inventory shall be made of all equipment and spare parts which have an individual purchase price of more than EUR 400, unless said items are handed over to the partner organization immediately upon their arrival in the country of assignment. The Firm of Consultants shall observe the GIZ rules for inventorising and handing over equipment and materials (Annex 3). 5.4 Surrender to the Recipient Upon completion of the work or arrival of the equipment in the country of assignment, the Firm of Consultants shall hand over these items to the authority specified in the Contract and have this surrender duly certified on the GIZ form designated for this purpose (Annex 3, GIZ form). In cases where work is conducted solely in the Federal Republic of Germany, the equipment shall be handed over to the GIZ, or to the authority specified by the GIZ in the Contract, upon completion of the work. The claim of the Firm of Consultants to reimbursement of costs for procurement of equipment and materials shall be conditional upon the presentation of the record of surrender, unless the receiving authority refuses to take delivery. The Firm of Consultants shall provide substantial evidence thereof to the GIZ, where appropriate by means of confirmation by the competent German mission abroad. Payments effected previously by the GIZ shall be deemed advance payments. 5.5 The Firm of Consultants shall ensure that the relevant procedures and provisions in respect of foreign trade and payments are observed upon export of equipment from the Federal Republic of Germany. In its capacity as the exporting party within the meaning of the avbc-en.doc (01/2011) 8

9 Außenwirtschaftsgesetz (Foreign Trade and Payments Act) and the Außenwirtschaftsverordnung (Ordinance on Foreign Trade and Payments), it is obliged to submit the necessary applications and declarations. 6. Reporting 6.1 The Firm of Consultants is obliged to submit on schedule to the GIZ the reports specified in the Contract, observing the stipulations made therein in respect of the type of report, frequency, language and number of copies. Unless otherwise specified in the Contract, the reports shall be prepared in German. With the exception of the reports specified in Section 6.4, the reports shall be handed over to the GIZ Office and the German mission abroad by the Firm of Consultants after the reports have been released by the GIZ. The reports are to be kept brief and limited to information which is of direct relevance to the project and to the Contract. They are to provide information on the degree to which objectives have been achieved, and are to be broken down into a short description of the project, the current project status, changes in risk assessment, and proposals for measures to be taken by the GIZ or the BMZ (see Annex 4 of these General Terms of Contract [Progress Reports to the German Federal Ministry for Economic Cooperation and Development (BMZ) and Project Reports by GIZ Contractors]). The reports are to emphasize points which are important for the project and, if applicable, indicate solutions to problems. As far as questions of evaluation and possible transfer of the instruments employed to other fields are concerned, a clear indication shall be made as to what is definite knowledge or where furtherreaching studies appear necessary. Statements on political and economic conditions should be made only if they are of significance to the project. Additional documents (such as memoranda, studies, publications, laws, etc.) shall be attached only if they are necessary to facilitate understanding of the reports. All reports and documents in connection with such reports shall clearly indicate that they have been drawn up within the scope of a project assisted by the Government of the Federal Republic of Germany. They shall be dated and signed. Sources and references shall be stated. The costs of the reports shall be calculated as part of the expert-month settlement rates and shall not be remunerated separately. If requested, the Firm of Consultants shall also provide the reports in electronic form. 6.2 Project Reports Unless otherwise agreed in the Contract, project reports shall be drawn up in each case at intervals of 6 months. With respect to form and contents, the respective directives of the GIZ shall be observed. In the case of subcontracts to a BMZ commission, the form and contents pursuant to Annex 4 of these General Terms of Contract (Progress Reports to the German Federal Ministry for Economic Cooperation and Development (BMZ) and Project Reports by GIZ Contractors) shall be observed; the applicable GIZ form shall be used in each case to draw up project reports. The partner organization shall in all cases be involved in drawing up the project report. The chief parts thereof shall be forwarded to the project executing agency in the appropriate language; however, reporting in another form may also be agreed upon with the project executing agency. The reports shall be submitted to the GIZ in triplicate not later than 3 weeks after the reporting date. Reporting dates shall be specified by the GIZ. avbc-en.doc (01/2011) 9

10 6.3 Final report Unless otherwise agreed, the Firm of Consultants shall submit a final report (10 copies) to the GIZ not later than 6 weeks following completion of the work specified in the terms of reference. The Firm of Consultants shall supply additional copies upon request against reimbursement of prime costs. The final report shall serve as evidence of the proper performance of the Contract as contractually agreed and shall present inter alia the achievement of the set project objective on the basis of the results. It shall also provide information on whether general conclusions for other development projects can be drawn from the experience gained. With respect to form and contents, the directives pursuant to Annex 4 of these General Terms of Contract shall be observed. The final report shall contain summarized and concluding recommendations for the country of assignment and the GIZ. The chief parts of the final report shall be forwarded to the project executing agency in the appropriate language; however, reporting in another form may also be agreed upon with the project executing agency. 6.4 Special Reports In the event of important incidents or circumstances, the Firm of Consultants shall, at no extra charge, without delay and without a specific request to that effect, draw up special reports, which it shall forward to the GIZ in quintuplicate in each case. Important incidents or circumstances for the purposes of this section shall include major changes in terms of the risk assessment of the project, time, development policy, financial or technical aspects, and risks to the security or health of personnel. In addition, the GIZ may request special reports on particular procedures and issues at any time. 7. Studies/Appraisals 7.1 If the task of the Firm of Consultants is to prepare one or several studies/appraisals, it shall submit these in addition to the reports required pursuant to Section 6, observing the contractual stipulations concerning number, language and deadlines. Where appraisals are drawn up, Annex 5 shall be observed. 7.2 Paragraphs 4 and 5 of Section 6.1 shall apply mutatis mutandis. 7.3 If, while conducting a study on an investment project (feasibility study), the Firm of Consultants comes to the conclusion that such project is to be rejected on the grounds of being uneconomic, it shall inform the GIZ accordingly without delay and make suggestions on how the actual costs can be reduced as far as possible. Section 18.2 shall apply with respect to the GIZ's right of termination. 8. Rights of Use/Documents on Results of Work 8.1 Assignment of Rights of Use Unless otherwise stipulated in the Contract, and waiving the author's or originator's right to be named (copyright), the Firm of Consultants shall irrevocably assign to the GIZ the exclusive right of use for all work results and supplies capable of being protected by copyright, as are derived from or obtained through the performance of the Contract or provided from the Firm of Consultants' existing resources in this connection. This shall not include supplies and work avbc-en.doc (01/2011) 10

11 results which are not placed at the disposal of the GIZ or its project partner and are not required for the further utilization and realization/exploitation of the project results. In derogation of para. 1, the GIZ shall be assigned only a non-exclusive right of use rather than the exclusive right of use for supplies and work results that are provided from the Firm of Consultants' existing resources and are not changed substantially or remunerated separately by the GIZ in the performance of the Contract. The Firm of Consultants shall inform the GIZ before conclusion of the Contract if supplies and work results are affected by this provision and shall specify them accordingly. The contractually agreed remuneration encompasses the assignment of the right of use pursuant to paras. 1 and 2. The GIZ's right of use as specified in paras. 1 and 2 shall entitle the GIZ to utilize the supplies and work results without time-, content- and location-related restrictions, i.e. in particular to reproduce, disseminate or publicly communicate them either in whole or in part, including their storage by means of electronic data processing and electronic dissemination in multimedia form. Furthermore, the GIZ is permitted to carry out adjustments, revision/editing, transformations/redesign and translations. The GIZ is also permitted to assign or grant rights of use to third parties; in the case of non-exclusive rights of use pursuant to para. 2, this shall be restricted to passing these on to the partner or any other project participant. Work results or supplies shall also include computer programs which the Firm of Consultants produces, adapts, procures or makes available in the performance of the Contract. The right of use assigned to the GIZ pursuant to the above-mentioned provisions shall in particular include the right to load, display, run, transmit, save, adjust, translate, edit and reproduce the programs. For the purposes of processing, the Firm of Consultants shall hand over to the GIZ the respective source code and the program documentation, which the GIZ may also hand over to third parties in the form of copies. The Firm of Consultants shall assure that there are no conflicting rights of third parties. The Firm of Consultants shall indemnify the GIZ against all claims of third parties arising from the assignment or exercise of the right of use pursuant to paras. 1 4 and shall reimburse the GIZ for legal defence costs. To the extent that the assignment of the right of use pursuant to paras. 1 4 is subject to restrictions resulting from agreements between the Firm of Consultants and third parties, the GIZ shall be informed accordingly before the Contract is concluded. The Firm of Consultants shall notify the GIZ of any intended applications for property rights to the extent that they relate to the aforementioned work results and/or supplies, and shall ensure that the exercise of the right of use assigned to the GIZ is not restricted thereby. It shall be incumbent on the Firm of Consultants to furnish corresponding evidence if it contends that the work results and/or supplies did not derive from or were not processed, adjusted, obtained or made available in the performance of the Contract. If the Firm of Consultants so requests, the GIZ may permit the former to utilize the supplies and work results pursuant to para. 1 free of charge for the Firm of Consultants' own purposes. As a rule, the GIZ will permit such utilization if and to the extent that the Firm of Consultants is able to assert a legitimate interest and this does not conflict with the GIZ's interests. The Firm of Consultants shall name the GIZ whenever it utilizes the supplies and work results. 8.2 Publications Prior written approval must be obtained from the GIZ for publications on the project or the activities of the Firm of Consultants within the framework of the project, even after expiration of the Contract; such approval can be denied only on good and sufficient grounds. Approval from the GIZ is not required for brief descriptions of the contract work and of the scope of activities designed for use in the public relations work of the Firm of Consultants. The Firm of avbc-en.doc (01/2011) 11

12 Consultants shall always indicate in an appropriate manner that it is conducting or conducted its activities within the framework of a project assisted by the Government of the Federal Republic of Germany and on behalf of the GIZ. 8.3 Secrecy and Keeping of Documents The Firm of Consultants shall not permit third parties to gain access to documents or work results of any kind. Prior approval must be obtained from the GIZ for any exception to this provision. The responsible authorities of the country of assignment shall not be deemed third parties within the meaning of this provision. As a rule, documents and work results shall be kept by the Firm of Consultants for ten years following acceptance, or for a shorter period if the GIZ gives its approval to this effect, and shall be surrendered to the GIZ for inspection on demand. 9. Replacement of Experts 9.1 Replacement of Experts by the Firm of Consultants The replacement of experts requires the prior written approval of the GIZ. Such approval may be denied only on good and sufficient grounds. However, the GIZ may withdraw wholly or in part from the Contract if the Firm of Consultants demands the replacement of an expert specified by name in the Contract before the outward journey of the same. In the event of withdrawal, there shall be no claim to remuneration or reimbursement of costs, regardless of the grounds for the demand for such replacement. 9.2 Replacement of Experts upon Demand by the GIZ Replacement on Good and Sufficient Grounds The GIZ is entitled to demand the replacement of experts if there are good and sufficient grounds. In particular, the following shall constitute good and sufficient grounds: - if it is established that an expert does not meet the requirements in terms of health, language ability, professional or personal qualifications or the requirements pursuant to Section 2.1; - if the expert contravenes the duties to be imposed upon him/her by the Firm of Consultants despite the government and/or the project executing organization in the country of assignment calling on him/her to conduct himself/herself in accordance with his/her duties, or if the conduct of the expert is the subject of a complaint by the GIZ to the Firm of Consultants; - if the conduct of an expert or family members travelling with him/her is likely to adversely affect the interests of the Federal Republic of Germany or is the subject of a complaint by the government of the country of assignment or the project executing organization. The Firm of Consultants shall bear all additional costs incurred in connection with a replacement of staff pursuant to Section as well as any additional expenses arising for substitute personnel. In the event that an expert is replaced following a complaint by the government of the country of assignment or the project executing organization, the Firm of Consultants shall bear these costs only if it, its expert or the members of the latter's family are answerable for the cause of complaint. If the Firm of Consultants, its expert or members of the latter s family are not answerable for the cause of complaint, Section shall apply mutatis mutandis. avbc-en.doc (01/2011) 12

13 9.2.2 Demand for Replacement for Other Reasons The GIZ may also demand the replacement of the experts of the Firm of Consultants for other in particular political reasons which are not associated with the conduct or qualifications of the expert. In such cases, the GIZ shall reimburse such expenses as are unavoidable in connection with the replacement. Insofar as such expenses concern salaries or ancillary expenses in respect of salaries for the expert replaced, these shall be deemed avoidable if they arise more than 3 months after the GIZ has demanded the replacement, unless the Firm of Consultants can prove that the incurring of such costs beyond this period of time was unavoidable. 9.3 Following the recall of an expert, the Firm of Consultants shall assign a new expert without delay, at the latest however within 3 months, unless the GIZ explicitly requests that this should not be done. The approval of the GIZ is required for the assignment of the new expert. Upon expiration of the deadline, the GIZ shall be entitled to refuse to accept the performance of the Contract by the Firm of Consultants. In the event that the recall of the expert occurs for a reason for which neither the Firm of Consultants nor its expert is answerable, Section 18.2 shall apply mutatis mutandis. 10. Pricing 10.1 All contracts awarded within the scope of German technical cooperation with developing countries are subcontracts to public commissions. In compliance with the request of the public client, Regulation PR 30/53 on the Prices for Public Contracts dated 21 November 1953 (published in the German Federal Official Gazette Bundesanzeiger No. 244 of 18 December 1953) with the Guiding Principles for Pricing on the Basis of Prime Costs (LSP) shall apply to subcontracts awarded by the GIZ to Firms of Consultants with a domicile or place of business in the Federal Republic of Germany. These contracts are thus subject to price auditing by the competent price authority The total price shall be made up of fixed prices, reimbursement rates and fixed individual items, which are to be multiplied by the estimated quantities. This total price shall at the same time constitute the maximum amount. No costs in excess of this sum shall be reimbursed The contractually agreed amounts payable within each item of remuneration are subject to an upper limit. If specific individual items of remuneration are inapplicable or deleted, or are not utilized in full, the remuneration shall be reduced accordingly. Insofar as the item Flexible Remuneration Item (Section 11.11) is not agreed on in the Contract, it may be possible, in justified cases and with the prior approval of the GIZ, to offset any excess amounts in respect of individual items of remuneration against the deleted or reduced items, without any change in the amounts for individual items or the agreed prices. The approval of the GIZ is not required where offsetting against other items does not exceed EUR 500 per item of remuneration The agreed remuneration amounts are entered in the price schedule, broken down according to the items of remuneration indicated (Annex 6 of these General Terms of Contract), this price schedule constituting an integral component of the Contract. In addition to these net items, the GIZ shall reimburse the value-added tax to be charged at the statutory rate by the Firm of Consultants. avbc-en.doc (01/2011) 13

14 11. Items of Remuneration Remuneration shall consist of the following items: 11.1 Expert-Month Settlement Rates These settlement rates shall be paid up to the contractually agreed maximum amount in accordance with the actual assignment time spent by the experts named in the Contract on executing contractual work and their necessary travel time. In the event of a claim for remuneration covering less than a full calendar month, the GIZ shall pay one-thirtieth (corresponding to a factor of 0.033) of the expert-month settlement rate per calendar day of the assignment time spent in the home country and abroad. The expert-month settlement rate shall cover all personnel costs including ancillary personnel expenses, the costs of backstopping services, communication costs, costs of reports pursuant to Section 6.1, all general overheads as well as profit, interest, risks, etc., of the Firm of Consultants. Insofar as the persons to be assigned to the project are local experts, the Firm of Consultants shall fix the expert-month settlement rate so as to ensure that the experts receive the customary local remuneration including all social security contributions and local taxes Foreign-Country Settlement Rates These settlement rates shall be paid according to the actual assignment time spent by the experts of the Firm of Consultants in the country of assignment on execution of the Contract in addition to the expert-month settlement rate. In the event of a claim for the foreign-country settlement rate not covering a full calendar month, the provision pursuant to Section 11.1 shall apply mutatis mutandis. The foreign-country settlement rate is an allowance which is granted to the experts of the Firm of Consultants in addition to their home-country remuneration. The foreign-country settlement rate covers all additional housekeeping expenditure in connection with the assignment abroad as well as other foreign-country allowances, but excludes accommodation allowances Accommodation Allowances An accommodation allowance shall be paid for the duration of the assignment abroad unless accommodation is provided by the GIZ or as a partner input. In the event of the claim for an accommodation allowance not covering a full calendar month, the provision pursuant to Section 11.1 shall apply mutatis mutandis. In cases where there is adequate reason, the accommodation allowance may continue to be paid even after the assignment abroad has ended, if the expert has concluded a contract of tenancy on a monthly basis and the contract price is not exceeded, at the longest, however, until the end of the calendar month in which the expert commences his/her homeward journey. Ancillary costs of tenancy and maintenance costs for the dwelling such as electricity, gas, water, repairs, etc., shall be deemed private living expenses and are not part of the accommodation allowance Travel Expenses Travel Expenses in the Home Country / Federal Republic of Germany Travel expenses called for in the execution of the Contract and incurred in the home country / Federal Republic of Germany shall be reimbursed at a lump-sum rate as agreed in the Contract. Such expenses shall be calculated on the basis of the lump-sum rates accepted for tax purposes. Alternatively, reimbursement of costs upon presentation of evidence may be stipulated in the Contract. avbc-en.doc (01/2011) 14

15 Travel Expenses Abroad Travel expenses called for in the execution of the Contract and incurred abroad shall be reimbursed at a lump-sum rate as agreed in the Contract. Reimbursement of costs upon presentation of evidence may be stipulated in the Contract. The costs of travelling between the place of residence and place of work shall not be included in the travel expenses called for in the execution of the Contract. In exceptional cases where there is adequate reason, the use of official vehicles may be contractually agreed for these and other private journeys against reimbursement of costs by the Firm of Consultants Flight Costs Flight costs by the most favourable transport route between the country in which the Firm of Consultants has its registered office and the country of assignment shall be reimbursed at a lump-sum rate upon presentation of evidence (original ticket, with or without the price being shown) in accordance with the contractually agreed price per flight up to the contractually agreed number of flights. Depending on the destination, the lump sum is to be calculated on the basis of an appropriate combination of economy, business class and special fares, taking account of ancillary flight costs (transfers to and from the airport and visa fees). Air travel costs shall be reimbursed for the following journeys: - for the outward and homeward journey of the experts of the Firm of Consultants; - for the outward and homeward journey of family members (partner and children under 18 years of age on the date of the outward journey), provided that the said persons stay in the country of assignment for an uninterrupted period of at least 6 months of the actual duration of the expert's assignment; - for one flight taken within the scope of leave for the experts of the Firm of Consultants and the members of their families accompanying them insofar as the contractually agreed or the actual duration of the expert's assignment to the country of assignment is at least 15 consecutive months in each case. In the event that a married expert undertakes his/her assignment without family members, one additional flight for this expert for the purposes of leave may be agreed; - for other flights for official purposes insofar as contractually agreed. Reimbursement of costs upon presentation of evidence may be stipulated in the Contract. In such cases, the flight costs in economy class by the most favourable transport route between the country in which the Firm of Consultants has its registered office and the country of assignment shall be reimbursed. The original used ticket together with the invoice issued by the travel agency shall be deemed to be evidence. Advantage shall be taken of any air fare reductions. Rebates, discounts, refunds and all other price reductions shall be passed on to the GIZ. The written approval of the GIZ shall be obtained in the event of the use of other means of transport for an expert s outward and/or homeward journey. In this case, a separate agreement shall be required, which in particular shall contain provisions as to the invoiceable costs Transfer Effects/Official Baggage Where an expert's assignment abroad lasts more than 12 months, the costs incurred in transporting transfer effects (household and personal effects, motor vehicle) shall be remunerated in a lump sum once the expert has completed the outward journey. avbc-en.doc (01/2011) 15

16 Irrespective of the expert's marital status, the calculation of the lump-sum amount shall be based on the costs of outward and homeward transportation of the transfer effects, including ancillary transportation costs, from the location of the registered office of the Firm of Consultants to the expert's place of assignment, in a 20-foot container. The costs of transporting additional transfer effects in the event of prolongation of the project shall not be reimbursed by the GIZ. The costs of transporting excess baggage necessary for official purposes shall be reimbursed in a lump sum as contractually agreed; in exceptional cases, such costs will be reimbursed upon presentation of evidence Items of Equipment The GIZ shall reimburse the costs of items of equipment and spare parts including transportation and insurance costs, pursuant to the agreed procurement list, upon presentation of evidence thereof and the certificate of surrender Expendable Goods The GIZ shall reimburse the costs of expendable goods, including transportation and insurance costs, on the basis of the contractually stipulated lump-sum rate or upon presentation of evidence Subcontracts Costs of subcontracts shall be reimbursed, insofar as contractually agreed, at a lump-sum rate or upon presentation of evidence National Personnel Costs incurred in connection with national personnel shall be reimbursed at the lump-sum rate agreed in the Contract. Calculation of the lump sum shall be based on usual local personnel costs and ancillary personnel expenses, including local taxes and levies. Evidence shall be presented with regard to the duration of assignment of such personnel. Reimbursement of costs upon presentation of evidence may be stipulated in the Contract Participation in Preparatory and Briefing Courses It may be contractually agreed that the experts of the Firm of Consultants and their partners prepare themselves for their assignment abroad, in terms of familiarity with developmentpolicy issues, knowledge of the country of assignment and language skills, by attending appropriate preparatory and briefing courses. The related costs (course fees, board and lodging) shall be borne by the GIZ. For the duration of this preparation and briefing, the GIZ shall additionally pay the Firm of Consultants a monthly lump sum to cover the basic salary of the expert, including the costs of travel to and from the course location; however, the total shall not exceed EUR 4,000 per month Flexible Remuneration Item Insofar as a flexible remuneration item is provided for in the Contract, the following provisions shall apply: The flexible remuneration item shall amount to up to 10% of the contractual sum, but may not exceed a total of EUR 100,000. This item is to allow the Firm of Consultants to plan the quantity of inputs to be provided within the scope of the Contract in a flexible manner, in line with the impacts brought about by the project, insofar as this is necessary in order to achieve avbc-en.doc (01/2011) 16

17 the project objective. The Firm of Consultants may exceed the contractually agreed quantities by the amount of the flexible remuneration item, provided the contractually agreed amounts for individual items and bases for settlement are taken into account. To avail itself of this remuneration item, the Firm of Consultants must submit appropriate reasons in writing, explaining why this item is required to achieve the project objective, along with documents for the settlement of accounts, based on the contractually agreed amounts for individual items and bases for settlement. Costs for replacing non-performed partner inputs may not be covered by this remuneration item. For more details on using this remuneration item, please refer to the financial procedures pertaining to the Consulting Contract (see the attachments to the Consulting Contract). Before a flexible remuneration item is used, a corresponding provision must always be expressly agreed in the Contract Other Costs Other costs which are not covered by the amounts pursuant to Sections 11.1 to shall be reimbursed at a lump-sum rate or upon presentation of evidence insofar as contractually agreed. 12. Terms of Payment for Contracts for Services/Submission of Accounts 12.1 Payments shall be effected in advance as well as upon presentation of interim and final statements of account. Payments shall be made only upon presentation of invoices, or in the case of advance payments upon presentation of requests for payments, using the GIZ forms designated for this purpose. All invoices/requests for payment shall be submitted in triplicate under separate cover. Interim statements of account pursuant to Section 12.5 and the final statement of account pursuant to Section 12.7 shall be broken down according to the items of remuneration as specified in Section 11 of these General Terms of Contract. Insofar as the Firm of Consultants furnishes a service which is subject to value-added tax, this tax is to be shown separately (percentage and amount) in every invoice / request for payment First Payment The first payment (advance payment) shall be made not later than 15 days following the end of the calendar month in which the contractually agreed work was commenced. The advance payment shall be effected to the contractually agreed amount which, in principle, shall be made up as follows: - scheduled costs which are invoiceable on average for a service period lasting 3 months (accounting period); - where applicable, any additional mobilization costs that arise. Provision of securities may be demanded before an advance payment is effected. The GIZ may demand the provision of securities ex post facto for advance payments effected and as yet unsettled if it considers that a deterioration of the financial circumstances of the Firm of Consultants or similar circumstances may jeopardize the fulfilment of contractual obligations or refunding of the advance payment. avbc-en.doc (01/2011) 17

18 12.3 Offsetting of the Advance Payment The advance payment pursuant to Section 12.2 shall be set off against the payment due in the final statement of account pursuant to Section 12.7 or adjusted in accordance with the contractually agreed payment schedule Extraordinary Adjustment of the Advance Payment If in two consecutive accounting periods a difference averaging 20% should arise between the costs actually invoiced and the amount of the unsettled advance payment made pursuant to Sections 12.2 and 12.3, the GIZ or the Firm of Consultants shall be entitled to adjust the amount of the advance payment accordingly. This adjustment shall be effected by offsetting in due proportion the advance payment against the due payment or by demanding the return of part of the advance payment or by increasing the advance payment within the scope of the interim statement of account. Regardless thereof, the GIZ may adjust an unsettled advance payment if it considers that a deterioration of the financial circumstances of the Firm of Consultants or similar circumstances may jeopardize the fulfilment of contractual obligations or refunding of the advance payment. The right to demand securities ex post facto pursuant to Section 12.2 shall remain unaffected Interim Statements of Account Not later than 21 days following the accounting periods specified by date in the Contract, the Firm of Consultants shall submit to the GIZ an interim statement of account for the services actually rendered during this period. Documentary evidence of the assignment of personnel shall be attached to this interim statement of account. The claims of the Firm of Consultants shall become due upon expiry of a verification period of 15 days after the invoice containing all the required details has been received (together with all the necessary documents). Payment shall be made by the GIZ not later than 30 days after the claims become due, to the amount established and, where applicable, corrected by the GIZ Suspension/Adjustment of Payment If the Firm of Consultants fails to submit the interim statement of account in good time or in due form, the GIZ may suspend payments until such account is correctly presented. The GIZ may also suspend payments if the Firm of Consultants does not fulfil, or fulfils only in part, its obligation pursuant to Sections 3 and 6 of these General Terms of Contract in respect of reporting and providing information. In the event of significant delays in the progress of the work or changes in the scope of the work and/or the assignment of personnel, the GIZ shall be entitled to suspend payments until a payment schedule corresponding to the actual progress and scope of work has been drawn up by mutual consent Final Payment The final payment shall be effected upon the submission of the final account and fulfilment of all obligations under the Contract by the Firm of Consultants. Immediately after submission of accounts, the Firm of Consultants shall reimburse to the GIZ those amounts paid by the latter in excess of its liability for payment. The final statement of account shall be submitted without delay after completion of the contractual work. It must be verifiable and contain all the necessary details (and all the required documentary evidence). If the Firm of Consultants does not submit the final invoice within 15 days of having received a reminder from the GIZ, it shall be obliged to refund the advance payment immediately. The claims of the Firm of Consultants shall become due upon expiry of a verification period of 15 days after the final statement of account has been received. The final payment by the GIZ shall be effected not later than 30 days after the claims become due, to the amount established and, where applicable, corrected by the GIZ. avbc-en.doc (01/2011) 18

19 12.8 Statute of Limitations Unless the GIZ is liable for intent, the claims of the Firm of Consultants arising from the Contract shall become statute-barred if they are not asserted vis-à-vis the GIZ in writing within one year. Irrespective of whether the Firm of Consultants has become aware of the underlying circumstances for the claim or should have become aware of these circumstances without gross negligence, the statutory period of limitation shall commence at the end of the year in which the contractual period of assignment ends or the work and labour is accepted Statements of Account in Foreign Currencies Costs in foreign currencies shall normally be converted on the basis of the exchange rates given in the monthly GIZ exchange-rate list, which is available to the Firm of Consultants. This conversion procedure applies only to countries in which a functioning banking sector ensures reliable quoting of exchange rates and in which there is no two-tier or illicit system of exchange. Arrangements differing from this normal practice must be specified in the Contract. In such cases, costs in foreign currencies shall be reimbursed only if a corresponding voucher for the purchase of foreign exchange is attached to the statement of account. The GIZ is entitled to change the conversion procedure at any time during the term of a current contract. The change in the conversion procedure shall take effect as from the date fixed in the written declaration by the GIZ. The provisions of Section 1.4 regarding observance of foreign-exchange regulations of the country of assignment shall remain unaffected Terms of Payment for Procurements Separate terms of payment shall be agreed for the procurement of items of equipment. Advance payments in this regard shall, in principle, be made only upon provision of a security Securities Securities according to these General Terms of Contract shall, in principle, be provided as a bank guarantee, the content of which must be approved by the GIZ. Such guarantees shall be issued by a bank acceptable to the GIZ, shall be without any time limitation and shall contain an explicit waiver of any plea or objection. Moreover, they shall be payable upon the first written demand of the GIZ and contain a declaration that the place of jurisdiction will be Frankfurt am Main, Federal Republic of Germany Reconciliation of Accounts Upon request of the GIZ, the Firm of Consultants shall reconcile the balances for each contract (down payments versus statements of account) with the GIZ s Financial Accounting Division once a year at a time of the GIZ s choice. 13. Terms of Payment for Contracts for Work and Labour 13.1 The terms pursuant to Section 12 shall apply to contracts for work and labour subject to the following provisos: avbc-en.doc (01/2011) 19

20 13.2 Right to Payment The remuneration shall be paid immediately after acceptance of the contractual work Advance Payment/Payment on Account If advance payments or payments on account are agreed in the Contract, the obligation of the Firm of Consultants to submit interim statements of account pursuant to Section 12.5 shall apply mutatis mutandis. Provision of securities may be demanded before advance payments are effected Retention of Security Insofar as interim statements of account are agreed in the Contract, 10% of the amounts invoiced in accordance with the actual progress of work (excluding value-added tax) shall be withheld in each case. The retention of security may be released by the provision of a security. All payments shall be deemed to be down payments until acceptance or partial acceptance of the performance. The amount retained shall be disbursed following acceptance of the work. It may be agreed that amounts are to be withheld for the purposes of warranty Acceptance The acceptance procedure shall be carried out within 90 days of the date of written notification of readiness for acceptance or the delivery of the work to the GIZ. Advance payments and payments on account shall not constitute partial acceptance. However, partial acceptance may be agreed for sections of the work. The performance of Contract shall be deemed to have been accepted only upon written confirmation by the GIZ or its representative duly charged with this task. Section 640 para. 2 of the German Civil Code shall not apply. 14. Leave/Sickness 14.1 The contractually agreed period of assignment of the experts of the Firm of Consultants shall include the period of leave for which the GIZ shall grant remuneration. The leave remunerated by the GIZ shall amount to expert-months (4 calendar days including Saturdays, Sundays and public holidays) per full expert-month (30 calendar days) of the period of assignment, provided that the expert s period of assignment exceeds 4 consecutive months. The GIZ shall not remunerate leave for fractions of a full expert-month or in cases where the individual periods of assignment are less than 4 expert-months. In such cases, the contractually agreed period of assignment is the actual working time. The Firm of Consultants may grant the experts additional leave at its own expense Leave shall be remunerated in due proportion at the expert-month settlement rate for the duration of assignment in the country in which the Firm of Consultants has its registered office, and at the expert-month settlement rate plus the foreign-country settlement rate for the duration of assignment in the country of assignment; in addition, an accommodation allowance shall be granted in the latter case if accommodation has been rented. The right to the accommodation allowance being included in the calculation of remuneration for leave shall become null and void if the expert commences his/her leave at the end of his/her assignment period abroad, as of the date of his/her final homeward journey or at the latest following the end of the month in which the expert's homeward journey was commenced; this does not apply if the Firm of Consultants can prove that accommodation costs continue to be avbc-en.doc (01/2011) 20