Model Project Development Agreement Page 49
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88manufacturers, consultants, contractors and service companies in Nepal with first
consideration and a full and fair opportunity to participate on a competitive basis in the
supply of goods and services used in any proposed work or activity, and(ii) first
consideration and the employment and training for future employment of Nepalese
citizens.
15.8.2
The Company recognises that training citizens of Nepal in technical and managerial
aspects of the Project, including establishing a system for quality management in
hydropower projects, and maximising technology transfer are central to the interests of
the GON in the Project;
15.8.3
The Company shall use, and maximise the use of, to the greatest reasonable extent and
supported by proactive training and recruitment, citizens of Nepal, local skills and
labour crafts, and local institutions (including, but not limited to, community based
organisations, non-governmental organisations, consulting firms, professionals,
individuals, contractors, suppliers and national products and services) pursuant to the
Labour Act, 2048 (1992), and the Labour Regulations, 2050, for the Project, taking into
consideration availability and required skills.
15.8.4
The Company shall give first consideration and make best efforts to maximise
procurement of goods and services from Nepalese manufacturers and service providers
where they are competitive and meet quality and deliverability requirements, and the
Company shall be proactive in programmes designed to assist Nepalese suppliers to
meet the Project's requirements for goods and services.
15.8.5
The Company shall procure that, to the extent possible, the Contractors shall comply
with the obligations in Section 15.8.2.
15.8.6
The Company shall submit reports every six (6) Months to the GON detailing the
progress made towards meeting the objectives set forth in this Section 15.8 and the
Nepal Benefits Plan.
Technology and training
15.9
15.9.1
The Company shall conduct, in the normal course of business and in accordance with
Good Electricity Industry Practice and the applicable Plans, employee training
programmes from time to time, including training in each of the skills used in the
Project and training in modern management methods for those employees qualified for
management training. The training programmes shall from time to time focus on
technical, managerial and administrative matters, including [GON to include any
specific requirements for training programmes]. The cost of such employee training
will be a normal cost of business and shall be at the Company's own cost and expense.
15.9.2
The Company shall submit reports every six (6) Months to the GON describing in detail
its employee training programmes, the implementation of such training programmes and
the amounts spent on such training programmes.
15.9.3
The Company shall, to the extent reasonable within the conduct of its business, assist in
the transfer of technology to the GON; provided, however, that this Section 15.9.3 shall
not obligate the Company to breach any confidentiality undertaking. For the purpose of
transfer of technology, MoEn/DoED may second............. (insert number) technical
personnel to the Company during the construction phase of the Project. Such seconded
personnel shall work in association with the Company's technical experts and under
their general guidance. MoEn/DoED shall pay the basic salary and other entitlements to
such seconded personnel in accordance with the standard procedures of the GON. The
Company shall provide a hardship allowance, and any other allowances, to such
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