Plant-SBD-YB-1stage-postQ-20240715 Final

NEPAL ELECTRICITY AUTHORITY
(An Undertaking of Government of Nepal)
KfW Development Bank (No.: 2019 69 203)

Distribution and Consumer Services Directorate
Planning and Technical Services Department
Promotion of Solar Energy in Rural and Semi Urban Region II
Project
BIDDING DOCUMENT
FOR
THE PROCUREMENT OF UTILITY-SCALE GROUND

MOUNTED PHOTOVOLTAIC SYSTEMS
INTERNATIONAL COMPETITIVE BIDDING (ICB)
Single-Stage, Two Envelope

Bidding Procedure
Volume I
Issued on: 22nd July 2024

Invitation for Bids No.: ICB-SEPP-EPC-SOLAR-01/2024-KfW-BMZ-PN511010
Solar Energy Promotion Project
Nepal Electricity Authority
Phone No: +977-1-4153141
Email: [email protected], [email protected]
ICB-SEPP-EPC-SOLAR-01/2024-KfW-BMZ-PN511010
2
Preface
This Standard Bidding Document (“SBD”) for Procurement of Plant Design, Supply
and Installation has been prepared by KfW Development Bank (“KfW”) and is
based on the Master Procurement Document “Standard Bidding Documents for
Procurement of Works and User’s Guide” developed by the Multilateral
Development Banks and International Financing Institutions, which represents the
best practices of these institutions.
Project Executing Agencies (referred to hereafter as “Employers”) shall use this
SBD in the procurement of plant design, supply and installation, financed in whole
or in part by KfW in International Competitive Bidding (ICB) procedures for plant
design, supply and installation contracts. The works requirements included herein
have been extended to include environmental and social and health and safety
requirements (ESHS). These requirements were adopted to reflect the ESHS
impacts and risks of the implementation of the particular works contract.
This document has been adopted to include post-qualification criteria. All
documentation will be requested in one stage. A qualification evaluation will be run
before technical and financial evaluation. Those bidders who pass the qualification
criteria will be evaluated further.
Technical and Financial Bids are to be placed in two separate envelopes. The
opening of the bids takes place in two public sessions. In the first public session,
only the Post-Qualification and Technical Bids will be opened and examined for
completeness. The Technical Bid will be evaluated on non-responsive (fail) or
substantial-responsive (pass) criteria. In the second public session, only the
Financial Bids of those Bidders who have fulfilled the defined criteria for the Post-
Qualification and Technical Bids will be opened.
The Bidder with the most economically advantageous Bid will then be awarded the
Contract.
Feedback to or questions about this document should be in writing to the following address:
[email protected]
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Invitation for Bids

Federal Democratic Republic of Nepal
Promotion of Solar Energy in Rural and Semi-urban Regions II Project
22nd July 2024
The Nepal Electricity Authority (NEA) has received Grant Financing/ from KfW
toward the cost of the Promotion of Solar Energy in Rural and Semi-urban Regions
II, and intends to apply part of the proceeds toward payments under the contract
for Procurement of utility-scale ground-mounted photovoltaic systems.
The NEA now invites sealed Bids from eligible Bidders for the design, supply and
installation of three (3) grid connected utility-scale ground-mounted photovoltaic
systems (“the Facilities”) in Middle Marshyangdi Hydroelectric Project (Lamjung) at
least 1.6 MW, in Surkhet at least 2.0 MW and in Gandak (Nawalparasi) at least 5.8
MW, respectively. Open Competitive Bidding will be conducted by means of the
International Competitive Bidding procedure with qualification as specified in the
KfW’s Procurement Guidelines (“Guidelines”), January 2021. The contract
conditions will be the “Conditions of Contract for Plant and Design – Build, First
Edition 1999” (FIDIC Yellow Book).
Bidders may obtain further information from
Mr. Prakash Raut, Project Manager
Solar Energy Promotion Project
Planning and Technical Service Department
Distribution and Consumer Service Directorate
A complete set of bidding documents is available to the interested Bidders at

https://www.nea.org.np/tender_prequalification. To purchase the bid document,
interested bidders should:
• write to address above requesting the bidding documents for Title: ICB-
SEPP-EPC-SOLAR-01/2024-KfW-BMZ-PN511010, Procurement of utility-
scale ground-mounted photovoltaic systems under Promotion of Solar Energy
in Rural and Semi-urban Regions II Project.
• pay a non-refundable fee of NRs. 20,000 by or an equivalent amount in US
Dollars by bank voucher to the Account No.: 9900001460000955
maintained at NMB Bank Limited, Babarmahal, Kathmandu (Account holder:
NEA-Promotion of Solar Energy Project). No liability will be accepted for lost
or late delivery.
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Bids must be delivered to the address indicated in the clause ITB 22.1 of the
bidding documents on or before 6th September 2024. Late Bids will be rejected.
In the first public session, only the Technical Bids will be opened in the presence
of the Bidders’ designated representatives. In the second public session only the
Financial Bids of those Bidders who have fulfilled the technical requirements as
per the tender document will be opened.
The bid validity period shall be 120 days. All Bids must be accompanied by a Bid
Security (The amount and currency of the Bid Security shall be: 200,000 EUR or
equivalent USD or NPR in the form of bank guarantee. The bid security issued from
a foreign bank shall be duly counter guaranteed by any reputed commercial bank
of Nepal. The Bid Security shall be valid for thirty (30) days beyond the original
validity period of the Bid, including beyond any period of extension if requested).
5
German Financial Cooperation with the Federal
Democratic Republic of Nepal
Promotion of Solar Energy in Rural and Semi-urban
Regions II Project
Bidding Documents
for
Procurement of utility-scale ground-mounted
photovoltaic systems
Employer: Nepal Electricity Authority (NEA)

Ratnapark, Kathmandu, Nepal
July, 2024
ICB No.: ICB-SEPP-EPC-SOLAR-01/2024-KfW-BMZ-

PN511010
6
Table of Contents
PART 1 – Bidding Procedures .................................................................7

Section I. Instructions to Bidders .............................................................. 10
Section II. Bid Data Sheet ........................................................................ 40
Section IIIb. Evaluation and Qualification Criteria ..................................... 59
Section IV. Bidding Forms ........................................................................ 67
Section V. Eligibility Criteria.................................................................... 119
Section VI. KfW Policy – Sanctionable Practice – Social and
Environmental Responsibility ............................................ 121
PART 2 – Employer’s Requirements ...................................................124

Section VII. Employer’s Requirements ................................................... 125
PART 3 – Conditions of Contract (CC) and Contract Forms .............189

Section VIII. General Conditions (GC) .................................................... 190
Section IX. Particular Conditions (PC) .................................................... 192
Section X. Contract Forms ..................................................................... 241
7
PART 1 – BIDDING PROCEDURES
Section I. Instructions to Bidders 8
Section I. Instructions to Bidders
Table of Clauses
A. General ................................................................................................10
1. Scope of Bid ......................................................................................... 10
2. Source of Funds ................................................................................... 10
3. Corrupt and Fraudulent Practices ........................................................ 10
4. Eligible Bidders .................................................................................... 11
5. Eligible Materials, Equipment, and Services ........................................ 12
B. Contents of Bidding Documents .......................................................12

6. Sections of Bidding Document ............................................................. 12
7. Clarification of Bidding Documents, Site Visit, Pre-Bid Meeting ........... 13
8. Amendment of Bidding Documents ...................................................... 15
C. Preparation of Bids ............................................................................15

9. Cost of Bidding ..................................................................................... 15
10. Language of Bid ................................................................................. 15
11. Documents Comprising the Bid .......................................................... 15
12. Letter of Technical Bid, Declaration of Undertaking, Attachments, Letter
of Financial Bid and Schedules ..................................................... 17
13. Alternative Bids .................................................................................. 18
14. Documents Establishing the Eligibility of the Plant and Installation
services ......................................................................................... 18
15. Documents Establishing the Eligibility and Qualifications of the Bidder
...................................................................................................... 19
16. Documents Establishing Conformity of the Plant and Installation
Services ......................................................................................... 19
17. Financial Bid Prices and Discounts .................................................... 19
18. Currencies of Bid and Payment .......................................................... 23
19. Period of Validity of Bids .................................................................... 23
20. Bid Security ........................................................................................ 23
21. Format and Signing of Bid .................................................................. 25
D. Submission and Opening of Bids .....................................................26

22. Sealing and Marking of Bids ............................................................... 26
23. Deadline for Submission of Bids ........................................................ 27
24. Late Submissions ............................................................................... 27
25. Withdrawal, Substitution, and Modification of Bids ............................. 27
26. Bid Opening ....................................................................................... 27
E. Evaluation of Technical Bids .............................................................30

27. Determination of Responsiveness of Technical Bids ......................... 30
28. Evaluation of Technical Bids .............................................................. 30
29. Eligibility and Qualification of the Bidder ............................................ 32
30. Clarification of Technical Bids ............................................................ 32
9 Section I. Instructions to Bidders
31. Invitation to 2nd Public Session for Opening of Financial Bids ........... 33
F. Evaluation and Comparison of Financial Bids .................................33

32. Confidentiality ..................................................................................... 33
33. Clarification of Financial Bids ............................................................. 33
34. Deviations, Reservations, and Omissions .......................................... 34
35. Determination of Responsiveness ...................................................... 34
36. Nonmaterial Nonconformities ............................................................. 35
37. Correction of Arithmetical Errors ........................................................ 35
38. Conversion to Single Currency ........................................................... 36
39. Margin of Preference .......................................................................... 36
40. Evaluation of Financial Bids ............................................................... 36
41. Comparison of Bids ............................................................................ 37
42. Employer’s Right to Reject All Bids .................................................... 37
G. Award of Contract ..............................................................................37

43. Award Criteria .................................................................................... 37
44. Notification of Award .......................................................................... 38
45. Signing of Contract ............................................................................. 38
46. Performance Security ......................................................................... 39
Section I. Instructions to Bidders
A. GENERAL
1. Scope of Bid 1.1 In connection with the Invitation for Bids specified in
the Bid Data Sheet (BDS), the Employer, as
specified in the BDS, issues these Bidding
Documents (“Bidding Documents”) to Bidders
(“Bidders”) interested in submitting bids (“Bids”) for
the procurement of Plant and Installation Services
as specified in Section VII, Employer’s
Requirements. The International Competitive
Bidding (“ICB”) number corresponding to this bidding
process is also provided in the BDS.
1.2 Throughout these Bidding Documents:
(a) The term “in writing” means communicated in
written form and delivered against receipt;
(b) Except where the context requires otherwise,

words indicating the singular also include the
plural and words indicating the plural also
include the singular; and
(c) “Day” means calendar day.
2. Source of Funds 2.1 The Employer as indicated in the BDS has applied
for or received financing (hereinafter called “funds”)
from KfW Development Bank (hereinafter called
“KfW”) towards the cost of the project named in the
BDS. The Employer intends to apply a portion of the
funds to eligible payments under the contract(s)
resulting from this bidding process.
3. Corrupt and 3.1 KfW requires compliance with its policy in regard to
Fraudulent Practices corrupt and fraudulent practices as set forth in
Section VI.
3.2 In further pursuance of this policy, Bidders shall
permit and shall cause its agents to provide
information and permit KfW or an agent appointed
by KfW to inspect on site all accounts, records and
other documents relating to bid submission and
contract performance (in the case of award), and to
have them audited by auditors or agents appointed
by KfW.
4. Eligible Bidders 4.1 A Bidder may be a private entity or a government-

owned entity — subject to ITB 4.3 — or any
combination of such entities in the form of a joint
venture (“JV”) under an existing agreement or with
the intent to enter into such an agreement supported
by a Letter of Intent. In the case of a Joint Venture:
(a) unless otherwise specified in the BDS, all partners
shall be jointly and severally liable for the execution
of the Contract in accordance with the Contract
terms, and
(b) the JV shall nominate a Representative who shall
have the authority to conduct all business for and on
behalf of any and all the partners of the JV during
the bidding process and, in the event the JV is
awarded the Contract, during contract execution.
Unless specified in the BDS, there is no limit on the
number of members in a JV.
4.2 A Bidder shall not have a conflict of interest. Any
Bidder found to have a conflict of interest shall be
disqualified. A Bidder may be considered to have a
conflict of interest for the purpose of this
procurement process, if the Bidder:
(a) Directly or indirectly controls, is controlled by
or is under common control with another
Bidder; or
(b) Receives or has received any direct or indirect
subsidy from another Bidder; or
(c) Has the same legal representative as another
Bidder; or
(d) Has a relationship with another Bidder, directly
or through common third parties, that puts it in
a position to influence the bid of another
Bidder, or influence the decisions of the
Employer regarding this bidding process; or
(e) Participates in more than one bid in this
bidding process, both as an individual firm and
as a JV member. Participation by a Bidder in
more than one Bid will result in the
disqualification of all Bids in which such Bidder
is involved. However, this does not limit the
inclusion of the same subcontractor in more
than one Bid; or
(f) Any of its affiliates participated as a consultant
in the preparation of the design or technical
specifications of the works that are the subject

of the Bid; or
(g) Any of its affiliates has been hired (or is
proposed to be hired) by the Employer as
Engineer for the Contract implementation; or
(h) Has a close business or family relationship
with a professional staff of the Employer (or of
the project implementing agency, or of a
recipient of a part of the funds) who: (i) are
directly or indirectly involved in the preparation
of the bidding documents or specifications of
the contract, and/or the bid evaluation process
of such contract; or (ii) would be involved in the
implementation or supervision of such contract
unless the conflict stemming from such
relationship has been resolved in a manner
acceptable to the KfW throughout the
procurement process and execution of the
contract.
4.3 The KfW’s eligibility criteria to bid are described in
Section V, Eligibility Criteria.
4.4 A Bidder shall not be under suspension from bidding
by the Employer as the result of the execution of a
Bid–Securing Declaration.
4.5 This bidding is open only to prequalified Bidders.
4.6 A Bidder shall provide such evidence of eligibility
satisfactory to the Employer, as specified in ITB 15.1
or as the Employer shall reasonably request.
5. Eligible Materials, 5.1 The Plant and Installation Services to be supplied

Equipment, and under the Contract and financed by the KfW may
Services have their origin in any country subject to the
restrictions specified in Section V, Eligibility Criteria,
and all expenditures under the Contract will not
contravene such restrictions. At the Employer’s
request, Bidders may be required to provide
evidence of the origin of materials, equipment and
services.
B. CONTENTS OF BIDDING DOCUMENTS

6. Sections of 6.1 The Bidding Documents consists of Parts 1, 2, and
Bidding Document 3, which include all the Sections specified below,
and which should be read in conjunction with any

Addenda issued in accordance with ITB 8.
PART 1 Bidding Procedures

(a) Section I. Instructions to Bidders (ITB);
(b) Section II. Bid Data Sheet (BDS);
(c) Section III. Evaluation and Qualification Criteria;
(d) Section IV. Bidding Forms;
(e) Section V. Eligibility Criteria;
(f) Section VI. KfW Policy - Corrupt and Fraudulent
Practices - Social and Environmental
Responsibility;
PART 2 Employer’s Requirements
(g) Section VII. Employer’s Requirements;
PART 3 Conditions of Contract and Contract
Forms
(h) Section VIII. General Conditions (GC);
(i) Section IX. Particular Conditions (PC);
(j) Section X. Contract Forms.
6.2 The Invitation for Bids issued by the Employer is not
part of the Bidding Document.
6.3 Unless obtained directly from the Employer, the
Employer is not responsible for the completeness of
the Bidding Documents, responses to requests for
clarification, minutes of the pre-Bid meeting (if any),
or Addenda in accordance with ITB 8. In case of any
contradiction, documents obtained directly from the
Employer shall prevail.
6.4 The Bidder is expected to examine all instructions,
forms, terms, and specifications in the Bidding
Documents and to furnish with its Bid all information
and documentation as is required by the Bidding
Documents.
7. Clarification of 7.1 A Bidder requiring any clarification of the Bidding
Bidding Documents, Documents shall contact the Employer in writing at
Site Visit, Pre-Bid the Employer’s address specified in the BDS or
Meeting raise its enquiries during the pre-bid meeting if
provided for in accordance with ITB 7.4. The
Employer will respond in writing to any request for
clarification, provided that such request is received
no later than fourteen (14) days prior to the deadline

for submission of Bids. The Employer shall forward
copies of its response to all Bidders who have
acquired the Bidding Documents in accordance with
ITB 6.3, including a description of the inquiry but
without identifying its source. If so indicated in the
BDS, the Employer shall also promptly publish its
response at the web page identified in the BDS.
Should the Employer deem it necessary to amend
the Bidding Documents as a result of a clarification,
it shall do so following the procedure under ITB 8
and ITB 23.2.
7.2 The Bidder is advised to visit and examine the Site
where the plant is to be installed and its
surroundings and obtain for itself on its own
responsibility all information that may be necessary
for preparing the Bid and entering into a contract for
the provision of Plant and Installation Services. The
costs of visiting the Site shall be at the Bidder’s own
expense.
7.3 The Bidder and any of its personnel or agents will be
granted permission by the Employer to enter upon
its premises and lands for the purpose of such visit,
but only upon the express condition that the Bidder,
its personnel, and agents will release and indemnify
the Employer and its personnel and agents from and
against all liability in respect thereof, and will be
responsible for death or personal injury, loss of or
damage to property, and any other loss, damage,
costs, and expenses incurred as a result of the
inspection.
7.4 The Bidder’s designated representative is invited to
attend a pre-bid meeting, if provided for in the BDS.
The purpose of the meeting will be to clarify issues
and to answer questions on any matter that may be
raised at that stage.
7.5 The Bidder is requested, as far as possible, to
submit any questions in writing, to reach the
Employer not later than one week before the
meeting.
7.6 Minutes of the pre-bid meeting, including the text of
the questions raised, without identifying the source,
and the responses given, together with any
responses prepared after the meeting, will be
transmitted promptly to all Bidders who have
acquired the Bidding Documents in accordance with
ITB 6.3. Any modification to the Bidding Documents

that may become necessary as a result of the pre-
bid meeting shall be made by the Employer
exclusively through the issue of an Addendum
pursuant to ITB 8 and not through the minutes of the
pre-bid meeting. Unless otherwise specified in the
BDS nonattendance at the pre-bid meeting will not
be a cause for disqualification of a Bidder.
8. Amendment of 8.1 At any time prior to the deadline for submission of
Bidding Documents Bids, the Employer may amend the Bidding
Documents by issuing an Addendum.
8.2 Any Addendum issued shall be part of the Bidding
Documents and shall be communicated in writing to
all who have obtained the Bidding Documents from
the Employer in accordance with ITB 6.3. The
Employer shall also promptly publish the Addendum
on the Employer’s web page in accordance with ITB
7.1.
8.3 To give Bidders reasonable time in which to take an
Addendum into account in preparing their Bids, the
Employer may, at its discretion, extend the deadline
for the submission of Bids in accordance with ITB
23.2
C. PREPARATION OF BIDS
9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the
preparation and submission of its Bid, and the
Employer shall not be responsible or liable for those
costs, regardless of the conduct or outcome of the
bidding process.
10. Language of Bid 10.1 The Bid, as well as all correspondence and
documents relating to the bid exchanged by the
Bidder and the Employer, shall be written in the
language specified in the BDS. Supporting
documents and printed literature that are part of the
Bid may be in another language provided they are
accompanied by an accurate translation of the
relevant passages in the language specified in the
BDS, in which case, for purposes of interpretation of
the Bid, such translation shall govern.
11. Documents 11.1 The Bid shall comprise the following:
Comprising the Bid
(a) TECHNICAL BID
(i) Letter of Technical Bid, indicating the Bidder’s

name, address, telephone, fax and email. If the
Bidder is an association, the Letter of Technical
Bid shall also describe the form of association
and list the association members;
(ii) Alternative Technical Bids in accordance with
ITB 13;
(iii) Declaration of Undertaking in the format
provided in Section IV, Bidding Forms.
(iv) Written confirmation authorizing the signatory
of the Technical Bid and the Financial Bid to
commit the Bidder, in accordance with ITB 20.2
and authorizing the representative of the
Bidder, designated in accordance with ITB 4.1
to submit the Technical Bid and Financial Bid
on behalf of the Bidder. If the Bidder is a JV,
the authorization shall be provided by the Lead
Member nominated in the JV Agreement or in
the Declarations of Association, submitted in
accordance with ITB 4.1. If the representative
of the Bidder is the owner, member or director
of the Bidder or the Bidder’s Lead Member, if
so nominated in accordance with ITB 4.1, an
authorization shall not be necessary.
(v) documentary evidence established in
accordance with ITB 14.1 that the Plant and
Installation Services offered by the Bidder in its
bid or in any alternative bid are eligible;
(vi) documentary evidence in accordance with ITB
15 establishing the Bidder’s continued eligibility
and qualifications to perform the contract if its
Bid is accepted;
(vii) documentary evidence established in
accordance with ITB 16 that the Plant and
Installation Services offered by the Bidder
conform to the Bidding Document;
(viii) in the case of a Technical Bid submitted by a
JV, JV agreement, or letter of intent to enter
into a JV including a draft agreement, indicating
at least the parts of the Plant to be executed by
the respective partners;
(ix) List of subcontractors, in accordance with ITB
16.3; and
(x) Any other document required in the BDS.

Technical Bids are unpriced bids and shall contain no
prices or price schedules or other reference to rates
and prices for completing the facilities. Technical
Bids containing such price information will be
rejected.
(b) FINANCIAL BID

(i) Letter of Financial Bid and the Bidding Forms
in accordance with ITB 12;
(ii) Completed schedules as required, including
Price Schedules, in accordance with ITB 12
and 14 and as indicated in the BDS;
(iii) Bid Security, in accordance with ITB 20.1;
(iv) Alternative Financial Bids, if permissible in
accordance with ITB 13;
(v) Any other document required in the BDS.
11.2 In addition to the requirements under ITB 11.1(a),
Bids submitted by a JV shall include a copy of the
Joint Venture Agreement entered into by all
members. Alternatively, a letter of intent to execute
a Joint Venture Agreement in the event of a
successful Bid shall be signed by all members and
submitted with the Bid, together with a copy of the
proposed Agreement.
11.3 The Bidder shall furnish information on commissions
and gratuities, if any, paid or to be paid to agents or
any other party relating to this Bid.
12. Letter of 12.1 The Letter of Technical Bid, the Declaration of
Technical Bid, Undertaking and any attachments shall be prepared
Declaration of using the relevant forms furnished in Section IV,
Undertaking, Bidding Forms. The Letter of Technical Bid and the
Attachments, Letter Declaration of Undertaking must be completed
of Financial Bid and without any alterations to the text, and no
Schedules substitutes shall be accepted except as provided
under ITB 20.4. All blank spaces shall be filled in
with the information requested.
12.2 The Letter of Financial Bid and appropriate Price

Schedules shall be prepared using the relevant
forms furnished in Section IV, Bidding Forms. The
Letter of Financial Bid must be completed without
any alterations to the text, and no substitutes shall
be accepted except as provided under ITB 20.4. All

blank spaces shall be filled in with the information
requested.
13. Alternative Bids 13.1 The BDS indicates whether alternative bids are
allowed. If they are allowed, the BDS will also
indicate whether they are permitted in accordance
with ITB 13.3, or invited in accordance with
ITB13.2 and/or ITB 13.4.
13.2 When alternative times for completion are explicitly
invited, a statement to that effect will be included in
the BDS, and the method of evaluation shall be
included in Section III, Evaluation and Qualification
Criteria.
13.3 Except as provided under ITB 13.4 below, Bidders
wishing to offer technical alternatives to the
Employer’s requirements as described in the bidding
document must also provide: (i) a price at which they
are prepared to offer a plant meeting the Employer’s
requirements; and (ii) all information necessary for a
complete evaluation of the alternatives by the
Employer, including drawings, design calculations,
technical specifications, breakdown of prices, and
proposed installation methodology and other
relevant details. Only the technical alternatives, if
any, of the lowest evaluated Bidder conforming to
the basic technical requirements shall be considered
by the Employer.
13.4 When bidders are invited in the BDS to submit
alternative technical solutions for specified parts of
the facilities, such parts shall be described in Section
VII, Employer’s Requirements. Technical
alternatives that comply with the performance and
technical criteria specified for the Plant and
Installation Services shall be considered by the
Employer on their own merits, pursuant to ITB 35.
14. Documents 14.1 To establish the eligibility of the Plant and

Establishing the Installation Services in accordance with ITB
Eligibility of the Clause 5, Bidders shall complete the country of
Plant and origin declarations in the Price Schedule Forms,
Installation services included in Section IV, Bidding Forms.
15. Documents 15.1 To establish its eligibility and continued

Establishing the qualifications to perform the Contract in
Eligibility and accordance with Section III, Evaluation and
Qualifications of the Qualification Criteria, the Bidder shall provide the
Bidder information requested in the corresponding
information sheets included in Section IV, Bidding
Forms.
16. Documents 16.1 The Bidder shall furnish a Technical Bid including
Establishing the information stipulated in Section IV, in
Conformity of the sufficient detail to demonstrate substantial
Plant and responsiveness of the Bidders’ proposal to the
Installation Services Employer’s requirements and the completion
time.
16.2 For major items of Plant and Installation Services
as listed by the Employer in Section III,
Evaluation and Qualification Criteria, which the
Bidder intends to purchase or subcontract, the
Bidder shall give details of the name and
nationality of the proposed Subcontractors,
including manufacturers, for each of those items.
In addition, the Bidder shall include in its bid
information establishing compliance with the
requirements specified by the Employer for these
items. Quoted rates and prices will be deemed to
apply to whichever Subcontractor is appointed,
and no adjustment of the rates and prices will be
permitted.
16.3 The Bidder shall be responsible for ensuring that
any Subcontractor proposed complies with the
requirements of ITB 4, and that any plant, or
services to be provided by the Subcontractor
comply with the requirements of ITB 5 and ITB
15.1
17. Financial Bid 17.1 Unless otherwise specified in the BDS, bidders
Prices and shall quote for the entire Plant and Installation
Discounts Services on a “single responsibility” basis such that
the total bid price covers all the Contractor’s
obligations mentioned in or to be reasonably
inferred from the bidding document in respect of the
design, manufacture, including procurement and
subcontracting (if any), delivery, construction,
installation and completion of the plant. This
includes all requirements under the Contractor’s
responsibilities for testing, pre-commissioning and
commissioning of the plant and, where so required
by the bidding document, the acquisition of all
permits, approvals and licenses, etc.; the operation,
maintenance and training services and such other

items and services as may be specified in the
Bidding Document, all in accordance with the
requirements of the General Conditions. Items
against which no price is entered by the Bidder will
not be paid for by the Employer when executed and
shall be deemed to be covered by the prices for
other items.
17.2 Bidders are required to quote the price for the
commercial, contractual and technical obligations
outlined in the bidding document.
17.3 Bidders shall give a breakdown of the prices in the
manner and detail called for in the Price Schedules
included in Section IV, Bidding Forms.
17.4 Depending on the scope of the Contract, the Price
Schedules may comprise up to the seven (7)
schedules listed below. Separate numbered
Schedules included in Section IV, Bidding Forms,
from those numbered 1-5 below, shall be used for
each of the elements of the Plant and Installation
Services. The total amount from each Schedule
corresponding to an element of the Plant and
Installation Services shall be summarized in the
schedule titled Grand Summary, (Schedule 6),
giving the total bid price(s) to be entered in the
Letter of Bid.
Schedule No. 1 Plant (including Mandatory
Spare Parts) Supplied from Abroad
Schedule No. 2 Plant (including Mandatory
Spare Parts) Supplied from within the Employer’s
Country
Schedule No. 3 Design Services
Schedule No. 4 Installation Services
Schedule No. 5 ESHS Requirements
Schedule No. 6 Grand Summary (Schedule
Nos. 1 to 5)
Schedule No. 7 Recommended Spare Parts
Bidders shall note that the plant and equipment
included in Schedule Nos. 1 and 2 above exclude
materials used for civil, building and other
construction works. All such materials shall be
included and priced under Schedule No. 4,

Installation Services.
17.5 In the Schedules, bidders shall give the
required details and a breakdown of their
prices as follows:
(a) Plant to be supplied from abroad
(Schedule No. 1):
The price of the plant shall be quoted on CIP-
named place of destination basis as specified
in the BDS
(b) Plant manufactured within the Employer’s
country (Schedule No. 2):
(i) The price of the plant shall be quoted on
an EXW Incoterm basis (such as “ex-
works,” “ex-factory,” “ex-warehouse” or
“off-the-shelf,” as applicable),
(ii) Sales tax and all other taxes payable in
the Employer’s country on the plant if the
contract is awarded to the Bidder, and
(iii) The total price for the item.
(c) Design Services (Schedule No. 3).
(d) Installation Services shall be quoted
separately (Schedule No. 4) and shall include
rates or prices for local transportation to
named place of final destination as specified in
the BDS, insurance and other services
incidental to delivery of the plant, all labor,
contractor’s equipment, temporary works,
materials, consumables and all matters and
things of whatsoever nature, including
operations and maintenance services, the
provision of operations and maintenance
manuals, training, etc., where identified in the
Bidding Document, as necessary for the
proper execution of the installation and other
services, including all taxes, duties, levies and
charges payable in the Employer’s country as
of twenty-eight (28) days prior to the deadline
for submission of bids unless otherwise
specified in the BDS.
(e) ESHS Requirements (Schedule No. 5)
(f) Recommended spare parts shall be quoted

separately (Schedule 7) as specified in either
subparagraph (a) or (b) above in accordance
with the origin of the spare parts.
17.6 The current edition of Incoterms, published by the
International Chamber of Commerce shall govern.
17.7 The prices shall be either fixed or adjustable as
17.8 In the case of Fixed Price, prices quoted by the
Bidder shall be fixed during the Bidder’s
performance of the contract and not subject to
variation on any account. A Financial Bid submitted
with an adjustable price quotation will be treated as
non-responsive and rejected.
17.9 In the case of Adjustable Price, prices quoted by the
Bidder shall be subject to adjustment during
performance of the contract to reflect changes in
the cost elements such as labor, material, transport
and contractor’s equipment in accordance with the
procedures specified in the Conditions of Contract
and the Schedule of Adjustment Data. A bid
submitted with a fixed price quotation will not be
rejected, but the price adjustment will be treated as
zero. Bidders are required to indicate the source of
labor and material indices in the corresponding
Form in Section IV, Bidding Forms, and to furnish
the indices and weightings for the price adjustment
formulae. The Employer may require the Bidder to
justify its proposed indices and weightings.
17.10 If so indicated in ITB 1.1, Bids are being invited for
individual lots (contracts) or for any combination of
lots (packages). Bidders wishing to offer any price
reduction (discount) for the award of more than one
Contract shall specify in their Letter of Financial Bid
the price reductions applicable to each package, or
alternatively, to individual Contracts within the
package, and the manner in which the price
reductions will apply.
17.11 Bidders wishing to offer any unconditional discount
shall specify in their Letter of Financial Bid the
offered discounts and the manner in which price
discounts will apply.
17.12 Unless otherwise specified in the BDS, the Bid
price shall estimate, as separate amounts, (a)
import duties and (b) taxes, fees, levies and other
charges, which shall apply, in terms of the

Applicable Law, to the Contractor and its sub-
Contractors, including their personnel, other than
nationals or permanent residents in the Employer’s
country as of the date 28 days prior to the deadline
for submission of Bids. Unless otherwise stated in
the BDS, the Contractor and its sub-Contractors
are responsible for meeting all tax liabilities arising
out of the Contract.
18. Currencies of 18.1 The currency(ies) of the Bid and the currency(ies) of
Bid and Payment payments shall be as specified in the BDS.
18.2 Bidders may be required by the Employer to justify,
to the Employer’s satisfaction, their local and foreign
currency requirements, and to substantiate that the
amounts included in the prices shown in the
Schedule of Adjustment Data are reasonable, in
which case a detailed breakdown of the foreign
currency requirements shall be provided by Bidders.
19. Period of Validity 19.1 Bids shall remain valid for the period specified in the
of Bids BDS after the Bid submission deadline date
prescribed by the Employer in accordance with ITB
22.1. A Bid valid for a shorter period shall be rejected
by the Employer as non-responsive.
19.2 In exceptional circumstances, prior to the expiration
of the Bid validity period, the Employer may request
Bidders to extend the period of validity of their Bids.
The request and the responses shall be made in
writing. If a Bid Security is requested in accordance
with ITB 20, it shall also be extended for forty-two
(42) days beyond the deadline of the extended
validity period. A Bidder may refuse the request
without forfeiting its Bid Security. A Bidder granting
the request shall not be required or permitted to
modify its Bid, except as provided in ITB 19.3.
19.3 In the case of fixed price contracts, if the award is
delayed by a period exceeding fifty-six (56) days
beyond the expiry of the initial bid validity, the
Contract price shall be adjusted by a factor or factors
specified in the request for extension. Bid evaluation
shall be based on the Bid Price without taking into
consideration the above correction.
20. Bid Security 20.1 The Bidder shall furnish as part of its Bid, either a
Bid-Securing Declaration or a Bid Security as
specified in the BDS, in original form and, in the case
of a Bid Security, in the amount and currency

20.2 Reserved.
20.3 The Bid Security shall be a demand guarantee in the

form of an unconditional guarantee issued by a bank
or financial institution (such as an insurance,
bonding or surety company) from a reputable source
from an eligible country as specified in Section V,
Eligibility Criteria. If the unconditional guarantee is
issued by a financial institution located outside the
Employer’s Country, the issuing financial institution
shall have a correspondent financial institution
located in the Employer’s Country to make it
enforceable. The Bid Security shall be submitted
either using the Bid Security Form included in
Section IV, Bidding Forms, or in another
substantially similar format approved by the
Employer prior to bid submission. The Bid Security
shall be valid for forty-two (42) days beyond the
original validity period of the Bid, or beyond any
period of extension if requested under ITB 19.2.
20.4 Any Bid not accompanied by a substantially
responsive Bid Security shall be rejected by the
Employer as non-responsive.
20.5 The Bid Security of unsuccessful Bidders shall be
returned as promptly as possible upon the
successful Bidder’s signing the Contract and
furnishing the Performance Security pursuant to ITB
46.
20.6 The Bid Security of the successful Bidder shall be
returned as promptly as possible once the
successful Bidder has signed the Contract and
furnished the required Performance Security.
20.7 The Bid Security may be forfeited:
(a) If a Bidder withdraws its Bid during the period
of bid validity specified by the Bidder on the
Letter of Bid, or any extension thereto provided
by the Bidder; or
(b) If the successful Bidder fails to:
(i) Sign the Contract in accordance with ITB
45; or
(ii) Furnish a Performance Security in
accordance with ITB 46.
20.8 The Bid Security of a JV shall be in the name of the

JV that submits the Bid. If the JV has not been
legally constituted into a legally enforceable JV at
the time of bidding, the Bid Security shall be in the
names of all future members as named in the letter
of intent referred to in ITB 4.1 and ITB 11.2.
21. Format and 21.1 The Bidder shall prepare one original each of the
Signing of Bid Technical Bid and the Financial Bid comprising the
documents as described in ITB 11 and clearly mark
them “Original.” Alternative Bids, if permitted in
accordance with ITB 13, shall be clearly marked
“Alternative.” In addition, the Bidder shall submit
copies of the Technical Bid and the Financial Bid, in
the number specified in the BDS and clearly mark
them “Copy.” In the event of any discrepancy
between the original and the copies, the original
shall prevail.
21.2 The original and all copies of the Technical Bid and
the Financial Bid shall be typed or written in indelible
ink and shall be signed by a person duly authorized
to sign on behalf of the Bidder. This authorization
shall consist of a written confirmation as specified in
the BDS and shall be attached to the Technical Bid.
The name and position held by each person signing
the authorization must be typed or printed below the
signature. All pages of the Technical Bid and the
Financial Bid where entries or amendments have
been made shall be signed or initialed by the person
signing the Technical Bid and the Financial Bid. If
the person signing on behalf of the Bidder is the
owner, member, or director of the Bidder, if the
Bidder is a single entity, or of the Bidder’s Lead
Member, if the Bidder is a JV, as demonstrated in
the Bidder’s Application, then no authorization shall
be required.
21.3 In case the Bidder is a JV, the Technical Bid and
Financial Bid shall be signed by an authorized
representative of the JV on behalf of the JV, and so
as to be legally binding on all the members as
evidenced by a power of attorney signed by their
legally authorized representatives. If the JV has not
been legally constituted into a legally enforceable JV
at the time of bidding, then the Technical Bid and
Financial Bid shall be signed by every member of
the proposed JV.
21.4 Any inter-lineation, erasures, or overwriting shall be

valid only if they are signed or initialed by the person
signing the Technical Bid and the Financial Bid.
D. SUBMISSION AND OPENING OF BIDS

22. Sealing and 22.1 The Technical Bid and the Financial Bid are to be
Marking of Bids submitted simultaneously in two separate
envelopes (two-envelope procedure).
(a) TECHNICAL BID
The Bidder shall enclose the original and all
copies of the Technical Bid in separate sealed
envelopes, duly marking the envelopes as
“Technical Bid - Original”, “Technical Bid –
Alternative” and “Technical Bid - Copy.”
These envelopes containing the original and the
copies shall then be enclosed in one single
envelope marked “Technical Bid”.
(b) FINANCIAL BID
The Bidder shall enclose the original and all
copies of the Bid, including alternative Bids, if
permitted in accordance with ITB 13, in separate
sealed envelopes, duly marking the envelopes
as “Financial Bid - Original”, “Financial Bid -
Alternative” and “Financial Bid - Copy.”
These envelopes containing the original and the
copies shall then be enclosed in one single
envelope marked “Financial Bid”.
22.2 The inner and outer envelopes shall:
(a) Bear the name and address of the Bidder;
(b) Be addressed to the Employer in accordance
with ITB 22.1;
(c) Bear the specific identification of this bidding
process specified in the BDS 1.1; and
(d) Bear a warning not to open before the time and
date for Bid opening (first public opening).
22.3 If all envelopes are not sealed and marked as
required, the Employer will assume no responsibility
for the misplacement or premature opening of the

Technical Bid and Financial Bid.
23. Deadline for 23.1 Bids must be received by the Employer in
Submission of Bids accordance with the instructions, including the
address and deadline, specified in the BDS.
23.2 The Employer may, at its discretion, extend the

deadline for the submission of Bids by amending the
Bidding Documents in accordance with ITB 8, in
which case all rights and obligations of the Employer
and Bidders previously subject to the deadline shall
thereafter be subject to the deadline as extended.
24. Late 24.1 The Employer shall not consider any Bid that arrives
Submissions after the deadline for submission of Bids, in
accordance with ITB 23. Any Bid received by the
Employer after the deadline for submission of Bids
shall be declared late, rejected, and returned
unopened to the Bidder.
25. Withdrawal, 25.1 A Bidder may withdraw, substitute, or modify its Bid
Substitution, and after it has been submitted by sending a written
Modification of Bids notice, duly signed by an authorized representative,
and shall include a copy of the authorization in
accordance with ITB 21.2. The corresponding
substitution or modification of the Bid must
accompany the respective written notice. All notices
must be:
(a) Prepared and submitted in accordance with
ITB 21 and ITB 22 (except that withdrawals
notices do not require copies), and in addition,
the respective envelopes shall be clearly
marked “Withdrawal”, “Substitution”,
“Modification”; and
(b) Received by the Employer prior to the deadline
prescribed for submission of Bids, in
accordance with ITB 23.
25.2 Bids requested to be withdrawn in accordance with
ITB 25.1 shall be returned unopened to the Bidders.
25.3 No Bid may be withdrawn, substituted, or modified
in the interval between the deadline for submission
of Bids and the expiration of the period of bid validity
specified by the Bidder on the Letter of Technical Bid
or any extension thereof.
26. Bid Opening 26.1 First Public Session
In the first public session, only the Bidders’

Technical Bids will be opened. Financial Bids of
qualified Bidders will be opened at the second
public session as specified in ITB 26.7. Except in
the cases specified in ITB 24 and 25, the Employer
shall publicly open and read out in accordance with
ITB 26 all Technical Bids received by the deadline
(regardless of the number of Technical Bids
received), at the date, time and place specified in the
BDS, in public and in the presence of Bidders`
designated representatives.
26.2 First, envelopes marked “Withdrawal” shall be
opened and read out and the envelope with the
corresponding Technical Bid and Financial Bid shall
not be opened, but returned to the Bidder. No
Technical Bid withdrawal shall be permitted unless
the corresponding withdrawal notice contains a valid
authorization to request the withdrawal and is read
out at the Technical Bid opening. Next, envelopes
marked “Substitution” shall be opened and read out
and exchanged with the corresponding Technical
Bid and/or Financial Bid being substituted, and the
substituted Technical Bid and/or Financial Bid shall
not be opened, but returned to the Bidder. No
Technical Bid and/or Financial Bid substitution shall
be permitted unless the corresponding substitution
notice contains a valid authorization to request the
substitution and is read out at the Technical Bid
opening. Envelopes marked “Modification” shall be
opened and read out with the corresponding
Technical Bid and/or Financial Bid. No Technical Bid
and/or Financial Bid modification shall be permitted
unless the corresponding modification notice
contains a valid authorization to request the
modification and is read out at the Technical Bid
opening. Only Technical Bids that are opened and
read out at Technical Bid opening shall be
considered further.
26.3 In the first public session only the Technical Bids
will be opened and examined for completeness
and fulfilment of the responsiveness criteria
specified in ITB 27.1. The Technical Bids will be
evaluated according to the criteria specified
under ITB 27.
26.4 The Employer shall prepare a record of the
Technical Bid opening that shall include, as a
minimum: the name of the Bidder and whether
there is a withdrawal, substitution, or
modification; Power of Attorney, nominating the

Bidder’s authorized representative, and
Declaration of Undertaking. The Bidders’
representatives who are present shall be
requested to sign the record. The omission of a
Bidder’s signature on the record shall not
invalidate the contents and effect of the record. A
copy of the record shall be distributed to all
Bidders.
26.5 The Employer shall notify all Bidders in writing of the
names of those Bidders whose Technical Bids have
achieved the minimum technical evaluation
score. In addition, those Bidders who have been
disqualified will be informed separately.
26.6 Those Bidders whose Technical Bids have
achieved the minimum technical evaluation score
will be informed by the Employer of the date, time
and place of the second public session for the
opening of the Financial Bids.
26.7 Second Public Session
Only the Financial Bids of those Bidders whose
Technical Bids have achieved the minimum
technical evaluation score will be opened in the
second public session. The envelopes of those
Bidders who have achieved the minimum
technical evaluation score shall be opened one at
a time, reading out: the name of the Bidder and
whether there is a modification; the technical
evaluation score; the total Financial Bid Price, per lot
(contract) if applicable, including any discounts and
alternative Financial Bids; the presence or absence
of a signed Letter of Financial Bid and any other
details as the Employer may consider appropriate.
Only discounts and alternative Financial Bids read
out at the Financial Bid opening shall be considered
for evaluation. The Letter of Financial Bid and the
Schedules are to be initialed by a minimum of three
representatives of the Employer attending bid
opening. At the Financial Bid opening, the Employer
shall neither discuss the merits of any Financial Bid
nor reject any Financial Bid
26.8 The Employer shall prepare a record of the Financial
Bid opening that shall include, as a minimum: the
name of the Bidder and whether there is a
withdrawal, substitution, or modification; the
Financial Bid Price, per lot (contract) if applicable,
including any discounts and alternative Financial

Bids; the presence or absence of a Bid Security,
signed Letter of Bid, Power of Attorney, nominating
the Bidder’s authorized representative, and
Declaration of Undertaking. The Bidders’
representatives who are present shall be requested
to sign the record. The omission of a Bidder’s
signature on the record shall not invalidate the
contents and effect of the record. A copy of the
record shall be distributed to all Bidders.
E. EVALUATION OF TECHNICAL BIDS
27. Determination of 27.1 The Employer will examine the Technical Bids to
Responsiveness of determine whether they are complete, whether the
Technical Bids documents have been properly signed and whether
the bids are generally in order. Any bids found to be
non-responsive or not meeting the minimum levels
of the performance or other criteria specified in the
bidding document will be rejected by the Employer
and not included for further consideration. The
Employer will also carry out a preliminary
examination of any alternative bids submitted by
bidders.
27.2 The Employer may request that the Bidder submit
the necessary information or documentation, within
a reasonable period of time, to rectify nonmaterial
omissions in the Technical Bid related to
documentation requirements. Failure of the Bidder
to comply with the request may result in the
rejection of its Technical Bid.
27.3 Notwithstanding ITB 27.2, from the time of bid
opening to the time of Contract award, if any Bidder
wishes to contact the Employer on any matter
related to the bidding process, it should do so in
writing.
28. Evaluation of 28.1 The Employer will carry out a detailed evaluation of
Technical Bids the Technical Bids not previously rejected in order
to determine whether the technical aspects are in
compliance with the Bidding Document. The bid
that does not meet minimum acceptable standards
of completeness, consistency and detail, and the
specified minimum (or maximum, as the case may
be) requirements for specified functional
guarantees, will be rejected for non-
responsiveness. In order to reach such a
determination, the Employer will examine and

compare the Technical Bids on the basis of the
information supplied by the bidders, taking into
account the following:
(a) overall completeness and compliance with all
the requirements of Section VII, Employer’s
Requirements; the technical merits of
alternatives offered; conformity of the Plant
and Installation Services offered with specified
performance criteria, including conformity with
the specified minimum (or maximum, as the
case may be) requirement corresponding to
each functional guarantee, as indicated in the
Specification and in Section III Evaluation and
Qualification Criteria; suitability of the Plant
and Installation Services offered in relation to
the environmental and climatic conditions
prevailing at the site; and quality, function and
operation of any process control concept
included in the bid;
(b) compliance with the Time for Completion
called for in the Contract Data and any
alternative time schedules offered by bidders,
as evidenced by a milestone schedule
provided in the Technical Bid;
(c) type, quantity and long-term availability of
mandatory and recommended spare parts and
maintenance services;
(d) other relevant factors, if any, listed in Section
III, Evaluation and Qualification Criteria; and
(e) any deviations to the commercial and
contractual provisions stipulated in the bidding
documents.
28.2 The Technical Bids will be subject to evaluation by
a points system in accordance with Section III,
Evaluation and Qualification Criteria, 1.2 Technical
Bid Evaluation System,
28.3 The BDS provides details of the technical
evaluation such as technical pass / fail criteria,
minimum or maximum technical performance
criteria, factors for adjustment of the Financial Bid
price for over or underachievement of given
technical parameters or given completion time etc.
In case of a combined scoring system for the
Technical and the Financial Bids, the BDS provides
the details of the weighting of both parts of the Bid

and the calculation scheme.
28.4 Where alternative technical solutions have been
allowed in accordance with ITB 13, and offered by
the Bidder, the Employer will make a similar
evaluation of the alternatives. Where alternatives
have not been allowed, but have been offered,
they shall be ignored.
29. Eligibility and 29.1 The Employer shall determine to its satisfaction
Qualification of the whether Bidders determined as having submitted
Bidder responsive and technically compliant Technical
Bids are eligible and continue to meet the
qualification criteria specified in Section III,
Evaluation and Qualification Criteria.
29.2 The determination shall be based upon an
examination of the documentary evidence of the
Bidder’s qualifications submitted by the Bidder,
pursuant to ITB 15, and on any additional
information, which the Employer may request from
the Bidder to support such evidence.
29.3 An affirmative determination will be a prerequisite
for the opening of the Bidder’s Financial Bid by the
Employer. A negative determination will result in
rejection of the Bidder’s Technical Bid.
29.4 The capabilities of the manufacturers and
subcontractors proposed to be used by the Bidders
for Employer-identified major items of supply or
services will also be evaluated for acceptability in
accordance with Section III, Evaluation and
Qualification Criteria. Their participation should be
confirmed with a letter of intent between the parties,
as needed. Should a manufacturer or
subcontractor be determined to be unacceptable for
justified reasons, the Bid will not be rejected, but the
Bidder will be required to substitute an acceptable
manufacturer or subcontractor without any change
to the bid price. Prior to signing the Contract, the
corresponding Schedules shall be completed,
listing the approved manufacturers or
subcontractors for each item concerned.
30. Clarification of 30.1 To assist in the examination, evaluation, and
Technical Bids comparison of the Technical Bids, and qualification
of the Bidders, the Employer may, at its discretion,
ask any Bidder for a clarification of its bid. Any
clarification submitted by a Bidder that is not in
response to a request by the Employer shall not be
considered. The Employer’s request for clarification

and the response shall be in writing. No change,
including any voluntary increase or decrease in the
substance of the Bid shall be sought, offered, or
permitted, except to rectify nonmaterial omissions
31. Invitation to 2nd 31.1 In regard to all Bidders, the Employer will either:
Public Session for
Opening of Financial (a) notify the Bidder, whose Technical Bid is
Bids substantially responsive, of the date, time and
place of the second public session for the
opening of the Financial Bids, or
(b) notify the Bidder that its bid has been rejected
on the grounds of being substantially non-
responsive, or that the Bidder does not meet
the minimum qualification requirements set
forth in the Bidding Document.
F. EVALUATION AND COMPARISON OF FINANCIAL BIDS

32. Confidentiality 32.1 Information relating to the examination, evaluation,
and comparison of the Technical and Financial Bids,
and recommendation of contract award shall not be
disclosed to Bidders or any other persons not
officially concerned with the bidding process until
information on Contract award is communicated to
all Bidders in accordance with ITB 44.
32.2 Any attempt by a Bidder to influence the Employer
in the examination, evaluation, and comparison of
the Technical and Financial Bids, and qualification
of the Bidders, or Contract award decisions may
result in the rejection of its Bid.
32.3 Notwithstanding ITB 32.2, from the time of the
Technical Bid opening to the time of Contract award,
if a Bidder wishes to contact the Employer on any
matter related to the bidding process, it shall do so
in writing.
33. Clarification of 33.1 To assist in the examination, evaluation, and
Financial Bids comparison of the Financial Bids, the Employer
may, at its discretion, ask any Bidder for a
clarification of its Financial Bid, given a reasonable
time for a response. Any clarification submitted by a
Bidder that is not in response to a request by the
Employer shall not be considered. The Employer’s
request for clarification and the response shall be in
writing. No change, including any voluntary increase
or decrease, in the prices of the Bid shall be sought,
offered, or permitted, except to confirm the

correction of arithmetic errors discovered by the
Employer in the evaluation of the Bids, in
accordance with ITB 37.1.
33.2 If a Bidder does not provide clarifications of its Bid
by the date and time set in the Employer’s request
for clarification, its Bid may be rejected.
34. Deviations, 34.1 During the evaluation of Bids, the following
Reservations, and definitions apply:
Omissions
(a) “Deviation” is a departure from the requirements
specified in the Bidding Documents;
(b) “Reservation” is the setting of limiting conditions
or withholding from complete acceptance of the
requirements specified in the Bidding
Documents; and
(c) “Omission” is the failure to submit part or all of
the information or documentation required in the
Bidding Documents.
35. Determination of 35.1 The Employer’s determination of a Financial Bid’s
Responsiveness responsiveness is to be based on the contents of the
Financial Bid itself, as defined in ITB11.1(b)
35.2 A substantially responsive Financial Bid is one that
meets the requirements of the Bidding Documents
without material deviation, reservation, or omission.
A material deviation, reservation, or omission is one
that,
(a) If accepted, would:
(i) Affect in any substantial way the scope,
quality, or performance of the Works
specified in the Contract; or
(ii) Limit in any substantial way, inconsistent
with the Bidding Documents, the Employer’s
rights or the Bidder’s obligations under the
proposed Contract; or
(b) If rectified, would unfairly affect the competitive
position of other Bidders presenting
substantially responsive Financial Bids.
35.3 If a Financial Bid is not substantially responsive to
the requirements of the Bidding Documents, it shall
be rejected by the Employer and may not
subsequently be made responsive by correction of

the material deviation, reservation, or omission.
36. Nonmaterial 36.1 Provided that a Financial Bid is substantially
Nonconformities responsive, the Employer may waive any
nonconformities in the Financial Bid that do not
constitute a material deviation, reservation or
omission.
36.2 Provided that a Financial Bid is substantially
responsive, the Employer may request that the
Bidder submit the necessary information or
documentation, within a reasonable period of time,
to rectify nonmaterial nonconformities in the Bid
related to documentation requirements. Requesting
information or documentation on such
nonconformities shall not be related to any aspect of
the price of the Financial Bid. Failure of the Bidder
to comply with the request may result in the rejection
of its Financial Bid.
36.3 Provided that a Financial Bid is substantially
responsive, the Employer shall rectify quantifiable
nonmaterial nonconformities related to the Bid Price.
To this effect, the Bid Price shall be adjusted, for
comparison purposes only, to reflect the price of a
missing or non-conforming item or component.
37. Correction of 37.1 Provided that the Financial Bid is substantially
Arithmetical Errors responsive, the Employer shall correct arithmetical
errors on the following basis:
(a) where there are errors between the total of the
amounts given under the column for the price
breakdown and the amount given under the
Total Price, the former shall prevail and the
latter will be corrected accordingly;
(b) where there are errors between the total of the
amounts of Schedule Nos. 1 to 5 and the
amount given in Schedule No. 6 (Grand
Summary), the former shall prevail and the
latter will be corrected accordingly; and
(c) If there is a discrepancy between words and
figures, the amount in words shall prevail,
unless, the amount expressed in words is
related to an arithmetic error, in which case the
amount in figures shall prevail subject to (a)
and (b) above.
37.2 Bidders shall be requested to accept correction of
arithmetical errors. Failure to accept the correction
in accordance with ITB 37.1 shall result in the

rejection of the Financial Bid.
38. Conversion to 38.1 For evaluation and comparison purposes, the
Single Currency currency(ies) of the Bid shall be converted into a
single currency as specified in the BDS.
39. Margin of 39.1 Unless otherwise specified in the BDS, a margin of
Preference preference for domestic Bidders shall not apply.
40. Evaluation of 40.1 The Employer shall use the criteria and
Financial Bids methodologies listed in this Clause. No other
evaluation criteria or methodologies shall be
permitted.
40.2 To evaluate a Financial Bid, the Employer shall
consider the following:
(a) The Financial Bid price, excluding Provisional
Sums and the provision, if any, for
contingencies in the Price Schedules;
(b) Price adjustment for correction of arithmetic

errors in accordance with ITB 37.1;
(c) Price adjustment due to discounts offered in

accordance with ITB 17.10;
(d) Price adjustment due to quantifiable

nonmaterial nonconformities in accordance
with ITB 36.3;
(e) Converting the amount resulting from applying

(a) to (d) above, if relevant, to a single currency
in accordance with ITB 38;
(f) The additional evaluation factors as specified

in Section III, Evaluation and Qualification
Criteria.
40.3 If price adjustment is allowed in accordance with ITB

17.7, the estimated effect of the price adjustment
provisions of the Conditions of Contract, applied
over the period of execution of the Contract, shall
not be taken into account in Financial Bid evaluation.
40.4 If these Bidding Documents allow Bidders to quote
separate prices for different lots (contracts), and the
award to a single Bidder of multiple lots (contracts),
the methodology to determine the lowest evaluated
price of the lot (contract) combinations, including
any discounts offered in the Letter of Financial Bid,
is specified in Section III, Evaluation and

Qualification Criteria.
40.5 If the Financial Bid, which results in the lowest
Evaluated Financial Bid Price, is significantly lower
than the Employer’s estimate, the Employer shall
require the Bidder to produce detailed price
analyses for any or all items of the Schedules, to
demonstrate the internal consistency of those prices
with the methods and time schedule proposed. If it
turns out that the bid price is abnormally low, the
Financial Bid shall be declared non-compliant and
rejected. If the Bid is seriously unbalanced or front
loaded in the opinion of the Employer and after
evaluation of the price analyses, taking into
consideration the schedule of estimated Contract
payments, the Employer may require that the
amount of the performance security be increased at
the expense of the Bidder to a level sufficient to
protect the Employer against financial loss in the
event of default of the successful Bidder under the
Contract.
41. Comparison of 41.1 The Employer shall compare the evaluated prices of
Bids all substantially responsive Financial Bids
established in accordance with ITB 40.2 to
determine the lowest evaluated Bid.
41.2 In accordance with ITB 28.3, the BDS will indicate if
a combined scoring system for the Technical and the
Financial Bids is to be used. In this case, the BDS
provides the details of the weighting of both parts of
the Bid and the calculation scheme.
42. Employer’s Right 42.1 The Employer reserves the right to annul the bidding
to Reject All Bids process and reject all Bids at any time prior to
contract award, without thereby incurring any liability
to Bidders. In case of annulment, all Bids submitted
and specifically, bid securities, shall be promptly
returned to the Bidders.
G. AWARD OF CONTRACT
43. Award Criteria 43.1 Subject to ITB 42.1, the Employer shall award the
Contract to the Bidder whose combined Technical
and Financial Bid has the highest score and is
substantially responsive to the Bidding Documents,
provided further that the Bidder is determined to be
eligible and qualified to perform the Contract
satisfactorily.
44. Notification of 44.1 Prior to the expiration of the period of Bid validity, the
Award Employer shall notify the successful Bidder, in
writing, that its Bid has been accepted. The
notification letter (hereinafter and in the Conditions
of Contract and Contract Forms called the “Letter of
Acceptance”) shall specify the sum that the
Employer will pay the Contractor in consideration of
the execution and completion of the Plant and
Installation Services (hereinafter and in the
Conditions of Contract and Contract Forms called
“the Contract Price”). Subsequently, the Employer
shall also notify all other Bidders of the results of the
bidding.
44.2 Until a formal contract is prepared and executed, the
Letter of Acceptance shall constitute a binding
Contract.
44.3 The Employer shall promptly respond in writing to
any unsuccessful Bidder who, after notification of
award in accordance with ITB 44.1, requests in
writing the grounds on which its Bid was not
selected.
44.4 In exceptional circumstances, the Employer may
need to communicate with the successful Bidder,
established in terms of ITB 39.1, certain aspects of
Contract performance prior to sending the Letter of
Acceptance. Should such a need arise, this
communication shall be limited to the following
topics, as identified in the evaluation report,
(a) coordination of mobilization timing;
(b) coordination of actions or inputs involving the

Employer and the Engineer;
(c) technical alternatives offered by the successful

Bidder.
45. Signing of 45.1 Promptly upon notification, the Employer shall send
Contract the successful Bidder the Contract Agreement.
45.2 Within twenty-eight (28) days of receipt of the
Contract Agreement, the successful Bidder shall
sign, date, and return it to the Employer.
45.3 Notwithstanding ITB 45.2 above, in case signing of
the Contract Agreement is prevented by any export
restrictions attributable to the Employer, to the
country of the Employer, or to the use of the Plant
and Installation Services to be supplied, where such
export restrictions arise from trade regulations from

a country supplying those Plant and Installation
Services, the Bidder shall not be bound by its bid,
always provided, however, that the Bidder can
demonstrate to the satisfaction of the Employer and
of KfW that signing of the Contact Agreement has
not been prevented by any lack of diligence on the
part of the Bidder in completing any formalities,
including applying for permits, authorizations and
licenses necessary for the export of the Plant and
Installation Services under the terms of the Contract.
46. Performance 46.1 Within twenty-eight (28) days of the receipt of the
Security Letter of Acceptance from the Employer, the
successful Bidder shall furnish the performance
security in accordance with the General Conditions
of Contract, subject to ITB 40.5, using for that
purpose the Performance Security Form included in
Section X, Contract Forms, or another form
acceptable to the Employer. If the performance
security furnished by the successful Bidder is in the
form of a bond, it shall be issued by a bonding or
insurance company that has been determined by the
successful Bidder to be acceptable to the Employer.
A foreign institution providing a bond shall have a
correspondent financial institution located in the
Employer’s Country.
46.2 Failure of the successful Bidder to submit the above-
mentioned Performance Security or sign the
Contract shall constitute sufficient grounds for the
annulment of the award and forfeiture of the Bid
Security. In that event, the Employer may award the
Contract to the next lowest evaluated Bidder whose
offer is substantially responsive and is determined
by the Employer to be qualified to perform the
Contract satisfactorily.
Section II. Bid Data Sheet 40
Section II. Bid Data Sheet

A. Introduction
ITB 1.1 The Employer is: Nepal Electricity Authority (NEA)
Promotion of Solar Energy in Rural and Semi-Urban Regions II
Project
Mr. Prakash Raut, Project Manager
ITB 1.1 The list of contracts (lots) comprising the ICB is: “Procurement of
utility-scale ground-mounted photovoltaic systems”
ICB name and number are: ICB-SEPP-EPC-SOLAR-01/2024-KfW-
BMZ-PN511010
ITB 2.1 The name of the Project is: Promotion of Solar Energy in Rural and
Semi-urban Regions II Project
Maximum number of members in the JV shall be: 3 (three), including
ITB 4.1 (b) Lead Member
Delete the sentence: “This bidding is open only to prequalified
ITB 4.5 Bidders.”
B. Bidding Document
ITB 6.1 The contents of Parts 1, 2 and 3 are revised as follows:
PART I - Bidding Procedures

• Section I. Instructions to Bidders (ITB)
• Section II. Bid Data Sheet (BDS)
• Section IIIa. Post-Qualification
• Section IIIb. Evaluation and Qualification Criteria
• Section IV. Bidding Forms
• Section V. Eligibility Criteria
• Section VI. KfW Policy - Corrupt and Fraudulent Practices -
Social and Environmental Responsibility
PART II - Employer’s Requirements

• Sub-Section VII-1. Brief Scope of Work
• Sub-Section VII-2. Site Specific Information
• Sub-Section VII-3. Grid Connection
• Sub-Section VII-4. Civil and Mechanical Works
• Sub-Section VII-5. Technical Specification
41 Section II. Bid Data Sheet
• Sub-Section VII-6. Inspection, Commissioning and Testing

• Sub-Section VII-7. Operation and Maintenance
• Sub-Section VII-8. Security Services
• Sub-Section VII-9. Training
• Sub-Section VII-10. Spare Parts and Special Tools
• Sub-Section VII-11. Defect Liability Period and Warranties
• Sub-Section VII-12. Applicable Norms and Standards
• Sub-Section VII-13. Drawings and Additional Documents
• Sub-Section VII-14. Data Sheets
• c) Specifications for Environmental, Social, Health and

Safety Management (ESHS) of the Works
PART III - Conditions of Contract and Contract Forms

• Section VIII. General Conditions (GC)
• Section IX. Particular Conditions (PC)
• Section X. Contract Forms
ITB 7.1 For clarification purposes only, the Employer’s address is:
Attention: Mr. Prakash Raut, Project Manager
Project: Promotion of Solar Energy in Rural and Semi-Urban
Regions II Project
E-mail address: [email protected], [email protected]
A copy of each request shall be sent to the Engineer, at the following

address:
GOPA-International Energy Consultants GmbH
Attn: Mr. Kuno Schallenberg
Hindenburgring 18
61348 Bad Homburg v.d.H.
GERMANY
Email:
[email protected]
Requests for clarifications shall be in the form of a table,

consecutively numbered and with reference to the relevant section
of the Bidding Document. Any requested clarification shall be
submitted also by e-mail in an editable, Microsoft Office Word
format.
ITB 7.1 Web page: www.nea.org.np/tender_prequalification [

ITB 7.4 A Pre-Bid meeting shall take place at the following date, time and
place:
Date: 12th August 2024
Time: 11:00 AM (NST)
Place: NEA, DCSD Building, Ratnapark, Kathmandu, Nepal
A site visit conducted by the Employer shall be organized. The

definite date and place of the site visit will be communicated in due
time to the Bidders to make the necessary arrangements, prior to
the Pre-bid Meeting. The transportation and logistical arrangements
for the site visit must be arranged by the bidders themselves. The
costs of visiting the site shall be at the Bidders' own expenses.
C. Preparation of Bids
The language of the Bid is English.
ITB 10.1
All correspondence exchange shall be in the English language.
Language for translation of supporting documents and printed
literature is English.
ITB 11.1 (a) The Technical Bid shall include an environmental, social, health and
safety (ESHS) Methodology meeting the requirements of the ESHS
Specifications.
The Bidder shall use the ESHS Methodology Form provided for this
purpose in Section IV – Technical Bid.
A Bid not comprising an ESHS Methodology shall be rejected.

ITB 11.1 (a) (x) The Bidder shall submit with its Technical Bid the following
additional documents:
(x1.) KfW’s Declaration of Undertaking (duly signed) as

per Section IV. Bidding forms
(x2.) Bid Security in accordance with ITB 20.1
(x3.) Organization Chart, in line with the instructions
provided in Section IV, Bidding Forms (Organization
Chart).
(x4.) Environmental, Social, Health and Safety
Methodology (ESHS Methodology), in accordance
with the requirements of Sub-Section VII-16 and as
per Section IV, Bidding Forms, A Bid not including
an ESHS Methodology shall be rejected.
(x5.) Method Statement as per Section IV, Bidding
Forms.
(x6.) Mobilization Schedule as per Section IV, Bidding
Forms.
(x7.) Time Schedule as per Section IV, Bidding Forms
(engineering, construction, erection, commissioning
and taking over activities).
(x8.) List of Proposed Suppliers/Manufacturers and

Subcontractors, in accordance with ITB 16.3. The
list shall be generated by the Bidder in the format
provided in Section IV, Bidding Forms (Proposed
Suppliers/Manufacturers and Subcontractors for
Major items of Plant and Installation Services
(Form)). Reference Lists and Supplier's/
Manufacturer's or Subcontractor's Authorization (in
the format provided in Supplier's/Manufacturer's or
Subcontractor's Authorization (Form)) shall be
submitted along with the list.
(x9.) Contractor's Equipment as per Section IV, Bidding
Forms, using the form provided thereby
(Contractor's Equipment (Form)).
(x10.) Description of proposed Personnel as per Section
IV, Bidding Forms (Personnel Forms), using the
forms provided thereby, i.e. PER-1 – Proposed
Personnel and PER-2 Resume of Personnel.
(x11.) Production model in PVSyst (or similar software)
(x12.) General Layout including:
• Array Configuration
• Mounting structure table configuration with inter-
row pitch.
• Indicative road layout.
• Buildings Layout
(x13.) Buildings characteristics
(x14.) Bill of Quantities (List of material, without mentioning
prices)
(x15.) Complete Single Line Diagram
(x16.) Data sheets as per Technical Specification:
Modules, Transformers, Inverters,
(x17.) Certificate of the supplier regarding guarantees and
technical performance of modules
(x18.) Certificate of the supplier regarding the eligibility of
the modules to insure their performance values for
25 years with an insurance company
(x19.) Certificate of the supplier regarding guarantees and
technical performance of inverters
(x20.) Applicable product certificates as specified in the
Employer’s Requirements
(x21.) SCADA Characteristics as per Technical
Specification
(x22.) List of control signals
(x23.) Electrical schematics for typical solar PV array,
inverter, modular plot and power evacuation
Technical Bids shall contain no prices or price schedules or other

reference to rates and prices for completing the facilities. Technical
Bids containing price information shall be rejected.
ITB 11.1 (b) (v) Bid Security in accordance with ITB 20.1 shall be provided in
Technical Bid, only
The Bidder shall submit with its Financial Bid the following additional
documents:
No additional documents
Alternative Bids shall not be permitted under ITB 13.2 / ITB 13.3 /
ITB 13.1 ITB 13.4
Alternative times for completion shall not be permitted.

ITB 13.2
Alternative
times for
completion
[if not
permitted
under BDS
13.1 above,
delete]
The price schedules are:
ITB 17.4
Schedule No. 1 - Plant and Mandatory Spare Parts Supplied from
Abroad
Schedule No. 2 - Plant and Mandatory Spare Parts Supplied within
Employer's Country
Schedule No. 3 - Local Transportation, Insurance and other
incidental services
Schedule No. 4 - Design Services
Schedule No. 5 - Installation and other Services
Schedule No. 6 - ESHS Requirements
Schedule No. 7 - Operation and Maintenance
Schedule No. 8 - Grand Summary
Schedule - Recommended Spare Parts at the end of the five years
Mandatory O&M
ITB 17.5(a) Named place of destination is:
Plant supplied (CIP) from abroad to project sites:
1. Middle Marshyangdi Hydroelectric Project, Lamjung:

28°11'24.18" N, 84°25'11.88"E
2. Surkhet: 28°35'56.86" N, 81°40'23.46"E
3. Gandak, Nawalparasi: 27°25'31.86" N, 83°47'23.34"E
ITB 17.5(d) Named place of final destination is:
Local transportation to project sites:
1. Middle Marshyangdi Hydroelectric Project, Lamjung:

28°11'24.18" N, 84°25'11.88"E
2. Surkhet: 28°35'56.86" N, 81°40'23.46"E
3. Gandak, Nawalparasi: 27°25'31.86" N, 83°47'23.34"E
ITB 17.5(d) Taxes, duties and fees exemptions, to which payments under the
Contract are entitled, are specified in clause 14.16 of the Particular
Conditions of Contract.
ITB 17.7 The prices quoted by the Bidder shall be: fixed
ITB 17.12 With regard to Taxes and Duties, the conditions mentioned in Part
III, Sub-Clause 14.16 shall be duly considered by the Bidders.
ITB 18.1 The currency(ies) of the Bid and the payment currency(ies) shall be
in accordance with Option B as described below:
Option B (Bidders allowed to quote in local and foreign

currencies):
(a) The unit rates and prices shall be quoted by the Bidder in the
Schedules separately in the following currencies:
(i) for those inputs to the Plant and Installation Services that
the Bidder expects to supply from within the Employer’s
country, in Nepalese Rupees (NPR), and further referred
to as “the local currency”; and
(ii) for those inputs to the Plant and Installation Services that
the Bidder expects to supply from outside the Employer’s
country (referred to as “the foreign currency
requirements”), in Euro (EUR).
(iii) for the services of design and the assembly, the prices
will be quoted in foreign currency (limited to Euros (EUR)
or US Dollars (USD)) and/or in the currency of the country
of the Employer according to the currency in which the
costs are incurred.
ITB 19.1 The bid validity period shall be 120 days.

ITB 20.1 The amount and currency of the Bid Security shall be: 200,000 EUR
or equivalent USD or NPR; Bid Security shall be valid 30 days
beyond the Bid Validity ITB 19.1.
ITB 21.1 In addition to the originals of the Technical and Financial Bids, the
number of copies is: Two (2) paper copies, each including one (1)
digital copy (USB). In the digital copy of the Bid, the length of the file
path shall be limited to 120 characters.
The USB stick in the Technical Bid must not contain the Financial
Bid.
ITB 21.2 The written confirmation of authorization to sign on behalf of the

Bidder shall consist of a power of attorney established in the name
of the signatory of the Bid. If the Bidder is a JV, the power of attorney
shall be issued by the Lead Member of the JV.
D. Submission and Opening of Bids

ITB 22.1 Add Qualification Documents:
(a) QUALIFICATION DOCUMENTS
The Bidder shall enclose the original and all copies of the
Qualification Documents in separate sealed envelopes, duly
marking the envelopes as “Qualification Documents - Original”,
“Qualification Documents – Alternative” and “Qualification
Documents - Copy.”
These envelopes containing the original and the copies shall then
be enclosed in one single envelope marked “Qualification
Documents”.
(b) TECHNICAL BID
The Bidder shall enclose the original and all copies of the Technical
Bid in separate sealed envelopes, duly marking the envelopes as
“Technical Bid - Original”, “Technical Bid – Alternative” and
“Technical Bid - Copy.”
be enclosed in one single envelope marked “Technical Bid”.
(c) FINANCIAL BID
The Bidder shall enclose the original and all copies of the Bid,
including alternative Bids, if permitted in accordance with ITB 13, in
separate sealed envelopes, duly marking the envelopes as
“Financial Bid - Original”, “Financial Bid - Alternative” and “Financial
Bid - Copy.”
be enclosed in one single envelope marked “Financial Bid”.
ITB 23.1 The Bid shall be submitted not later than
Date: 6th September 2024
Time: 12:00 Noon (NST)
at the following address, which shall be the controlling address for
the purposes of the timely submission of the Bid:
Attention: Mr. Prakash Raut, Project Manager
Distribution and Consumer Services Directorate,
Ratnapark, Kathmandu
ZIP Code: 44600
Nepal
ITB 26.1 In the first public session, only the Bidders’ Qualification Documents
and Technical Bids will be opened.
The Bid opening (first public session) shall take place at:
Kathmandu
ZIP Code: 44600
Nepal
Date: 6th September 2024 and Time: 14:00 (NST)
No minimum number of Bids is required in order to proceed to bid

opening.
ITB 26.5 Delete paragraph and replace by “The Employer shall notify all
Bidders in writing of the names of those Bidders whose Technical
Bids have passed the technical evaluation. In addition, those
Bidders who have been disqualified will be informed separately.”
ITB 26.6 Delete paragraph and replace by “Bidders whose technical bids
have passed the technical evaluation will be informed by the
Employer of the date, time and place of the second public session
for the opening of Financial Bids.”
ITB 26.7 Delete first sentence and replace by “Only the Financial Bids of
those Bidders whose Technical Bids have passed the technical
evaluation will be opened in the second public session.”
E. Evaluation of Technical Bids

ITB 27.1 The Employer shall reject a Bidder’s Technical Bid that is not
substantially responsive to the requirements of this bidding document
(as specified in ITB 27)
ITB 27.1 Compliance of the ESHS Methodology (as specified in BDS 17) with
the ESHS Specifications (Section VII Works Requirements) shall be
determined by using the method specified in Section IIIb Clause 1.2.
A Bid for which the ESHS Methodology is not substantially responsive
(i.e. without material deviation, reservation or omission) shall be
rejected.
ITB 27.2 The Employer shall evaluate the qualifications of the responsive
Bidders using the factors, methods, criteria, and requirements
defined in Section IIIa, Post-Qualification and Section IIIb.
Evaluation and Qualification Criteria, to evaluate the qualifications of
the Bidders, and no other methods, criteria, or requirements shall be
used.
ITB 28.2 Delete paragraph and replace by “The Technical Bids will be subject
to evaluation in accordance with Section III, Evaluation and
Qualification Criteria, 1.2 Technical Bid Evaluation System,”
ITB 28.3 Technical Bids must be substantially responsive.
Combined scoring system for the Technical and the Financial

Bids to be used: No
ITB 29.1 Delete ITB 29.1 and replace with following:
The Employer shall determine to its satisfaction whether Bidders

are eligible and meet the qualification criteria specified in
Section IIIa Post-Qualification and IIIb Evaluation and
Qualification Criteria.
ITB 29.2 At the end of ITB 29.2, add the following paragraph:
The evaluation of evidence of qualification focuses solely on the

respective Bidder and shall not take into account any
qualifications of its subsidiaries, parent entities, affiliates or any
other Person different from the Bidder, unless they are
associated in the form of a JV with joint and several liability.
Exceptionally a Bidder with insufficient financial track regard
(e.g. start-up or spin-off companies) can demonstrate its
financial qualification by presenting a legally binding letter of
comfort of a financially sound parent company (to be
demonstrated).
For further details, refer to Post Qualification Documents in line

with Section IV, Bidding Forms, Bidders Qualification.
F. Evaluation and Comparison of Financial Bids

ITB 38.1 The currency that shall be used for bid evaluation and comparison
purposes to convert all Bid price(s) expressed in various currencies
into a single currency is: NPR
The source of exchange rate shall be: Nepal Rastra Bank
The date for the exchange rate (selling rate) shall be twenty eight (28)
days prior to the date of deadline for Bid submission.
The currency(ies) of the Bid shall be converted into a single currency
in accordance with the procedure under Option B that follows:
Option B: Bidders quote in local and foreign currencies
The Employer will convert the amounts in various currencies in which
the Bid Price, corrected pursuant to Clause 37, is payable (excluding
Provisional Sums but including Day work where priced competitively)
to the single currency identified above at the selling rates established
for similar transactions by the authority specified and on the date
stipulated above.
ITB 39.1 A margin of preference shall not apply.
ITB 40.2 g) Evaluation of the financial bid will be based on the NET financial
bid price.
ITB 43.1 Delete paragraph and replace with “Subject to ITB 42.1, the Employer
shall award the Contract to the Bidder whose Technical Bid is
substantially responsive to the Bidding Documents and has the
lowest evaluated Financial Bid, provided further that the Bidder is
determined to be eligible and qualified to perform the Contract
satisfactorily.”
50 Section III. Qualification and Evaluation
Section III. Qualification and Evaluation

The Employer shall assess the responsive Applications in terms of the Eligibility and
Qualification Criteria and methods set out in Section III, Qualification and Evaluation.
The Employer shall determine the fulfillment of minimum requirements on a pass/fail basis as
per Section IIIa. Post-Qualification.
An Applicant shall be considered post-qualified if:
(a) its Application is considered responsive in accordance with Section IIIa. Post-
Qualification and;
(b) its Application has met the pass/fail requirements in accordance with Section IIIb.
Evaluation and Qualification Criteria
Section IIIa. Post-Qualification

This Section contains all the methods, criteria, and requirements that the Employer shall use to
evaluate Applications. The information to be provided in relation to each requirement and the
definitions of the corresponding terms are included in the respective Application Forms.
A margin of preference shall not apply.
In accordance with ITB 28 and ITB 40, no other factors, methods or criteria shall be used. The
Bidder shall provide all the information requested in the forms included in Section IV, Bidding
Forms.
Wherever an Applicant is required to state a monetary amount, Applicants should indicate the
EUR equivalent using the rate of exchange determined as follows:
• For construction turnover or financial data required for each year - Exchange rate prevailing on the
last day of the respective calendar year.
• Value of single contract - Exchange rate prevailing on the date of the contract.
Exchange rates shall be taken from the publicly available rate published by the Central Bank of
the Employer’s country. Any error in determining the exchange rates in the Application may be
corrected by the Employer.
Section III. Qualification and Evaluation 51
Criteria Requirements
Documentation
Joint Venture (existing or intended) Requirements /
No. Subject Requirement Single Entity All Parties Each Forms
One Member
Combined Member
1. Eligibility
1.1 Nationality Nationality in accordance with ITB Must meet Must meet Must meet N/A Forms ELI-1.1,
4.3 requirement requirement requirement 1.2(a) and 1.2(b),
with attachments
1.2 Conflict of No conflicts of interest in accordance Must meet Must meet Must meet N/A Letter of Technical
Interest with ITB 4.2 requirement requirement requirement Bid
1.3 KfW Eligibility Not being ineligible for KfW Must meet Must meet Must meet N/A Declaration of
financing, as described in ITB 4.3 requirement requirement requirement Undertaking
1.4 Government- Meet conditions of ITB 4.3 Must meet Must meet Must meet N/A Forms ELI-1.1,
Owned Entity requirement requirement requirement 1.2(a) and 1.2(b),
with attachments
2. Historical Contract Non-Performance
2.1 History of Non- Termination of a contract did not Must meet Must meet Must meet N/A Form CON-2
Performing occur as a result of contractor’s requirement requirement requirement
Contracts default in the past five (5) years
2.2 Suspension Not under suspension based on Must meet Must meet Must meet N/A Letter of Technical
Based on execution of a Bid Securing requirement requirement requirement Bid
Execution of Bid Declaration pursuant to ITB 4.4
Securing
Declaration by
the Employer
2.3 Pending All pending litigation shall in total not Must meet Must meet Must meet N/A Form CON-2
Litigation represent more than fifty percent requirement requirement requirement
(50%) of the Applicant’s net worth
and shall be treated as resolved
against the Applicant
3. Financial Situation and Performance
Documentation
One Member
Combined Member
3.1 Financial (i) The Applicant shall demonstrate Must meet Must meet N/A N/A Form FIN–3.1 with
Capabilities: that it has access to, or has requirement requirement attachments and
Liquidity available, liquid assets, FIN-3.3
unencumbered real assets, lines of
credit, and other financial means
(independent of any contractual
advance payment) sufficient to meet
the construction cash flow
requirements estimated as EUR 1.66
million for the subject contract(s) net
of the Applicants other commitments
3.2 Financial (ii) The Applicant shall also Must meet Must meet N/A N/A Forms FIN–3.1
Capabilities: demonstrate, to the satisfaction of requirement requirement and FIN-3.4
Other Sources the Employer, that it has adequate
of Finance sources of finance to meet the cash
flow requirements on works currently
in progress and for future contract
commitments.
Documentation
One Member
Combined Member
3.3 Financial (iii) The audited balance sheets or, if Must meet Must meet Must meet N/A Form FIN–3.1 with
Capabilities: not required by the laws of the requirement requirement requirement attachments
Financial Applicant’s country, other financial
Position statements acceptable to the
Employer, for each of the last 3 years
shall be submitted and each
statement must demonstrate the
current soundness of the Applicant’s
financial position based on the
following criteria:
a) Liquidity ratio ≥ 1.1
𝐶𝑢𝑟𝑟𝑒𝑛𝑡 𝐴𝑠𝑠𝑒𝑡𝑠
≥ 1.1
𝐶𝑢𝑟𝑟𝑒𝑛𝑡 𝐿𝑖𝑎𝑏𝑖𝑙𝑖𝑡𝑖𝑒𝑠
b) Indebtedness ratio ≤ 80%
𝑇𝑜𝑡𝑎𝑙 𝐿𝑖𝑎𝑏𝑖𝑙𝑖𝑡𝑖𝑒𝑠 ∗ 100

≤ 80%
𝑇𝑜𝑡𝑎𝑙 𝐴𝑠𝑠𝑒𝑡𝑠
3.4 Average Annual Minimum annual construction Must meet Must meet Must meet Must meet Form FIN–3.2
Construction turnover of 10.00 million EUR (ten requirement requirement minimum minimum forty
Turnover million five hundred sixty thousand twenty five percent (40 %)
Euros), for the last 3 years, percent (25 of the
calculated as total certified annual %) of the requirement
payments received for contracts in requirement
progress and/or completed
4. Construction Experience
Documentation
One Member
Combined Member
4.1 General Experience under construction Must meet N/A Must meet N/A Form EXP–4.1
Construction contracts in the role of prime requirement requirement
Experience contractor, JV member,
subcontractor, or management
contractor for at least the last 5
years, starting on the bid submission
deadline.
4.2 Specific Similar1 contracts, satisfactorily and Must meet Must meet N/A Must meet Form EXP-4.2 (a)
(a) Construction & substantially2 completed as a prime requirement requirements minimum
Contract contractor, joint venture member3, twenty five
Management management contractor or percent (25 %)
Experience subcontractor 4 for the last 5 years, of the
starting on submission deadline of requirement
minimum TOTAL value of 4.0 million
EUR (Four Million Euro)
1 The similarity shall be based on the physical size, complexity, methods/technology and/or other characteristics described in Section VII, Scope of Works. Summation of number
of small value contracts (less than the value specified under requirement) to meet the overall requirement will not be accepted.
2 Substantial completion shall be based on 80% or more works completed under the contract.
3
For contracts under which the Applicant participated as a joint venture member or sub-contractor, only the Applicant’s share, by value, shall be considered to meet this
requirement.
Documentation
One Member
Combined Member
4.2 Construction For the above or any other contracts Must meet Must meet N/A N/A Form EXP–4.2 (b)
(b) Experience in completed and under implementation requirements requirements
key activities as prime contractor, joint venture
member, management contractor or
subcontractor4 on or after the first
day of the calendar year during the
period stipulated in 4.2(a) above, a
minimum construction experience in
the following key activities
successfully completed4:
one (1) or more PV plant
installations with minimum total
capacity of 12 MWp
5. Environmental and Social and Health and Safety (ESHS) Experience and Capacity
5.1 Certificates Availability of a valid ISO certification Must meet N/A Must meet N/A
as below requirement requirement
- Quality Management
certificate ISO 9001
Form CER-5.1
- Environmental management
certificate ISO 14001:2014
Form CER-5.1
- Health and Safety certificate
ISO 45001:2018
Form CER–5.1
4 Volume, number or rate of production of any key activity can be demonstrated in one or more contracts combined if executed during same time period. The rate of production
shall be the annual production rate for the key construction activity (or activities).
Documentation
One Member
Combined Member
5.2 Experience in For the above and any other Must meet Must meet N/A Must have Form EXP–5.2
Projects with contracts completed and under requirement requirement executed at
significant implementation as prime contractor, least 1 (one)
ESHS Impact joint venture member, management contract(s)
contractor or subcontractor5 on or demonstrating
after the first day of the calendar year experience
during the period stipulated in 4.2(a) with the key
above, experience relating to the ESHS
either one of the following ESHS requirements
requirements6: as listed in the
Requirements
• Relevant Nepal National laws and column.
regulations or
• World Bank Environmental and
Social Standards, ILO Core
Labour Standards, World Bank
Environmental, Health and Safety
Guidelines or
• Sustainability Guideline of KfW
Development Bank or
• International financing institution
standards (e.g. ADB)
5.3 Environmental The Applicant must demonstrate that Must meet Must meet N/A N/A Form ENV-5.3
Capacity its business setup and operations requirement requirement
meet the minimum requirements
towards an effective environmental
management system
5 For contracts under which the Applicant participated as a joint venture member or sub-contractor, only the Applicant’s share, by value, shall be considered to meet this
requirement.
Documentation
One Member
Combined Member
5.4 Occupational The Applicant must demonstrate that Must meet Must meet N/A N/A Form ISO
Health and its business setup and operations requirement requirement 45001:2018-5.4
Safety Capacity meet the minimum requirements
towards an effective health and
safety management system
5.5 Socially The Applicant must demonstrate a Must meet Must meet Must meet N/A Form LOC-5.5
Responsible comprehensive understanding of the requirement requirement requirement
Work requirements regarding work site
Implementation implementation and operation
5.6 ILO Core Labor Undertaking to fully respect the ILO Must meet Must meet Must meet N/A Application
a) Standards Core Labor Standards in the requirement requirement requirement Submission Form
Applicant’s business practice (f) and form COC-
5.6
5.6 Ethical business The Applicant must demonstrate that Must meet Must meet N/A N/A Form COC-5.6
b) principles its business setup and operations requirement requirement
meet the minimum requirements
towards ethical Business principles.
Documentation
One Member
Combined Member
5.7 ESHS and The Applicant must demonstrate that Must meet Must meet N/A N/A PER-5.7
Construction it has access to adequate candidates requirement requirement
Personnel for the ESHS personnel profiles,
listed in Section VII, Scope of Works.
The candidates must fulfill the
minimum specific profile
requirements and the general
requirements (if any). Combining
several candidates to fulfill one
candidate profile is not allowed.
Providing multiple candidates for a
single profile is allowed.
The substantial responsiveness of the documents will be determined as per Section I, Clause 27.
59 Section IV. Bidding Forms
Section IIIb. Evaluation and Qualification Criteria
This Section contains all the criteria that the Employer shall use to evaluate Technical
and Financial Bids and verify that the qualifications of the Bidders have not changed
since the post-qualification stage. In accordance with ITB 28 and ITB 40, no other
factors, methods or criteria shall be used. The Bidder shall provide all the information
requested in the forms included in Section IV, Bidding Forms.
Wherever a Bidder is required to state a monetary amount, Bidders should indicate
the EUR equivalent using the rate of exchange determined as follows:
(a) For construction turnover or financial data required for each year - Exchange
rate prevailing on the last day of the respective calendar year;
(b) Value of single contract - Exchange rate prevailing on the date of the contract.
Exchange rates shall be taken from the publicly available source identified in the ITB
38.1. Any error in determining the exchange rates in the Financial Bid may be
corrected by the Employer.
The substantial responsiveness of the documents will be determined as per Section I,
Clause 27.
1. Technical Bid
1.1 Evaluation Criteria

In addition to the criteria listed in ITB 28.1 (a) – (c) the following factors
shall apply:
(d) Assessment of adequacy of the Environmental, Social, Health and

Safety (ESHS) Methodology
The ESHS Methodology submitted by the Bidder shall be evaluated to
determine whether it is substantially responsive (i.e. without material
deviation, reservation or omission) to the requirements specified in
Section VII, Employer’s Requirements - ESHS Specifications. The Bidder
shall use the ESHS Methodology Form provided for this purpose in
Section IV, Bidding Forms. A Technical Bid not comprising an ESHS
Methodology or a Technical Bid for which the ESHS Methodology is not
substantially responsive (i.e. with material deviation, reservation or
omission) may be rejected.
Section IV. Bidding Forms 60
1.2 Technical Bid Evaluation System

(a) Technical Compliance
The Technical Bid will be opened and evaluated according to the pass / fail criteria in the
following table (NR = not responsive, SR = substantially responsive which is defined as
“without material deviation, reservation or omission”).
All the documents referred to form part of the bid and must fulfil the requirements in order for
technical compliance to be achieved.
Bids offering a completion date beyond the maximum designated period shall be rejected.
The minimum (or maximum) requirements are stated in the Employer’s Requirements.
In case of any discrepancy, the requirements specified in Volume II prevails.
NR (fail) Must Meet

No. Chapter Reference SR (pass) Requirement
1. Section IV Letter of Technical Bid, indicating the Bidder’s name, address, telephone, yes
fax and email. If the Bidder is an association, the Letter of Technical Bid
shall also describe the form of association and list the association
members;
2. Section IV Declaration of Undertaking in the format provided in Section IV, Bidding yes
Forms.
3. ITB 20 Written confirmation authorizing the signatory of the Technical Bid and the yes
Financial Bid to commit the Bidder, in accordance with ITB 20.2 and
authorizing the representative of the Bidder, designated in accordance
with ITB 4.1 to submit the Technical Bid and Financial Bid on behalf of the
Bidder. If the Bidder is a JV, the authorization shall be provided by the
Lead Member nominated in the JV Agreement or in the Declarations of
Association, submitted in accordance with ITB 4.1. If the representative of
the Bidder is the owner, member or director of the Bidder or the Bidder’s
Lead Member, if so nominated in accordance with ITB 4.1, an
authorization shall not be necessary.
4. ITB 14.1 Documentary evidence established in accordance with ITB 14.1 that the yes
Plant and Installation Services offered by the Bidder in its bid or in any
alternative bid are eligible;
5. ITB 15 Documentary evidence in accordance with ITB 15 establishing the yes
Bidder’s continued eligibility and qualifications to perform the contract if its
Bid is accepted;
6. ITB 16 Documentary evidence established in accordance with ITB 16 that the yes
Plant and Installation Services offered by the Bidder conform to the
Bidding Document;
7. Section IV In the case of a Technical Bid submitted by a JV, JV agreement, or letter yes
of intent to enter into a JV including a draft agreement, indicating at least
the parts of the Plant to be executed by the respective partners;
8. ITB 16.3 List of subcontractors, in accordance with ITB 16.3; yes
9. Section IV Site Organization yes
10. Section IV Environmental, Social, Health and Safety Methodology yes
NR (fail) Must Meet

No. Chapter Reference SR (pass) Requirement
11. Section IV Method Statement yes
12. Section IV Mobilization Schedule yes
13. Section IV Construction Schedule yes
14. Section IV Plant yes
15. Section IV Form PER-1 yes
16. Section IV Form PER-2 yes
17. Section IV Proposed Subcontractors/Manufacturers for Major Items of Plant and yes
Installation Services,
18. Section IV Manufacturer's Authorization yes
19. Section VII Compliance with ESHS-Management Requirements (as per Section 7) yes
20. Section VII Project Area Environmental and Social Management Plan (C-ESMP) yes
21. Section VII, 6.4.3.1 Functional Guarantee yes
22. Section VII, 14. Data Sheets yes
23. Section IX, Part A, Completion date (date of issuance of the provisional acceptance certificate) yes
Summary of Sections
In case a Technical Bid is not substantially responsive, it shall be rejected.
(b) Subcontractors/manufacturers
Subcontractors for the following additional major items of supply or
services must meet the following minimum criteria, herein listed for that
item:
Item
Description of Item Minimum Criteria to be met
No.
1 PV Modules Manufacturers shall be listed tier 1 suppliers
list of Bloomberg New Energy Finance
(BNEF)6, reference is the last published
version at the time of Proposal submission
2 Inverters Manufacturers shall be listed tier 1 suppliers

list of Bloomberg New Energy Finance
(BNEF) or similar
Inverter manufacturers shall have a
production track record for a minimum of 5
years with having executed a single order of
a capacity equal to the provides minimum
10 MW(DC) of similar inverters for a single
project.
Inverters proposed by the Manufacturer
shall have a minimum operational track
record of two years. Offers shall be
supported by Client testimonial for technical
performance.
For new products or product enhancements,
sufficient proof shall be provided on
reliability, quality assurance and
performance.
5 Power plant control Manufacturer must have manufacturing

and monitoring experience of at least 5 years. Must have
system successfully completed the supply of item at
least twice the bid quantity as a main supplier
over the last 5 years period ending on the last
date of bid submission. Out of supplied quantity,
a minimum of half the bid quantity shall have
been in operation satisfactorily to the end users
for at least 2 years.
Must submit end user certificate to substantiate
the above experience.
6 PV Mounting Must have manufacturing experience of at least
structure, e.g. hot 3 years. Must have successfully completed the
6
Tier 1 module manufacturers are those which have provided own-brand, own-manufacture products to five
different projects, which have been financed non-recourse by five different (non-development) banks, in the
past two years. 1.5 MW+ deals must be tracked by BNEF database. One exception is manufacturers which
have filed for bankruptcy or a form of insolvency protection, or experienced a major default on bond
payments; these are removed from the tier 1 list until further notice.
http://about.bnef.com/content/uploads/sites/4/2012/12/bnef_2012-12-03_PVModuleTiering.pdf
dipped galvanized supply of item at least twice the bid quantity as a

structures main supplier over the last 5 years period ending
on the last date of bid submission. Out of
supplied quantity, a minimum of half the bid
quantity shall have been in operation
satisfactorily to the end users for at least 2
years.
ASTM/ISO standard and testing at reputed
independent testing laboratory shall be
accepted.
Must submit end user certificate to substantiate
the above experience.
Failure to comply with this requirement will result in the rejection of the
subcontractor.
In the case of a Bidder who offers to supply and install major items of
supply under the contract that the Bidder did not manufacture or otherwise
produce, the Bidder shall provide the Manufacturer’s Authorization, using
the form provided in Section IV, showing that the Bidder has been duly
authorized by the manufacturer or producer of the related plant and
equipment or component to supply and/or install that item in the
Employer’s country. The Bidder is responsible for ensuring that the
manufacturer or producer complies with the requirements of ITB 4 and 5
and meets the minimum criteria listed above for that item.
2. Financial Bid
2.1 Evaluation
In addition to the criteria listed in ITB 40.2 (a) – (e) the following additional
evaluation factors and methods will apply:
(a) Time Schedule
No credit will be given for earlier completion.
Bids offering a completion date beyond the maximum designated period
shall be rejected.
(b) Operating and Maintenance Costs
Operating and maintenance costs of the facilities, including the cost of
spare parts, will be evaluated in the financial evaluation
(c) Performance of the Plant and Installation Services

Required Value
S/ Required Functional
Gandak Surkhet MMHEP
N Guarantee
Guaranteed Minimum PV
plant Performance Ratio
1 (minimum value at PV 75% 75% 75%
Production and Performance
Meter) average over 5 years
Guaranteed Minimum PV
System Production, including
deemed energy, after
2 55,903 MWh 19,240 MWh 13,315 MWh
Operational Acceptance, on
the basis of the provided TMY
for total of 5 years
Average Performance Ratio: The average performance ratio over 5 years

of each site will be calculated with this formular:
5
𝑃𝑅𝐴𝑣𝑟 = ∑ 𝑃𝑅𝑖 /5
𝑖=1
The Minimum PV System Production will be calculated with the following

formular:
5
𝑃𝑟𝑜𝑑𝑡𝑜𝑡𝑎𝑙 = ∑ 𝑃𝑟𝑜𝑑𝑖
𝑖=1
For the purposes of evaluation, for each percentage point below the
maximum offered value (by the best Bidder) an adjustment of
400,000 EUR/% will be added to the proposal price. If the drop is less than
one percent (%), the adjustment will be prorated accordingly
System Production: For the purposes of evaluation, total Guaranteed
Minimum PV System Production for the first five years (the sum of
guaranteed production for year 1 - 5) will be calculated. For each MWh
below the maximum offered values (by the best Bidder) an adjustment of
150 EUR/MWh will be added to the proposal price.
(d) Performance of Power Station Transformers

Loss capitalization: When evaluating the individual financial bid
received from various Bidders, the transformer shall be evaluated for
the cost of losses based on the relation given below:
Value of No-Load Loss = EUR 4700 per kW

Value of Load Loss = EUR 1200 per kW
The Bidder shall furnish guaranteed no load and full load loss data at
rated load with the bid for all ratings of transformers.
(i) Capitalization of Power Station Transformer Losses
When evaluating the individual bid received from Bidders, the bid price
shall be evaluated for the cost of transformer loss values (no-load
losses and load losses) based on the following loss capitalization
formula:
PE = Pb + KL * LL + KNL* LNL
where,
PE = Evaluated Price
Pb = Bid Price
KL = Value of Load Loss
LL = Guaranteed load losses at rated current (Maximum MVA
base)
KNL = Value of no load Loss
LNL = Guaranteed no load losses
Any Power Station Transformer shall be rejected if losses exceed the

guaranteed value by an amount in excess of the following
Total losses: 10%
Component losses: 15% (unless the total loss exceeds 10 %)
Any adjustments in price that result from the above procedures shall be added, for
purposes of comparative evaluation only, to arrive at an “Evaluated Bid Price.” Bid
prices quoted by bidders shall remain unaltered.
3. Technical alternatives, if invited in accordance with ITB 13.4, will be

evaluated as follows:
N/A
4. Combined Evaluation System for Technical and Financial Bids
The Purchaser shall use the criteria and methodologies listed in this Section to evaluate Bids.
By applying the criteria and methodologies the Purchaser shall determine the Most
Advantageous Bid. This is the Bid that meets the Qualification Criteria and has been
determined to be:
(a) substantially responsive to the bidding document, and

(b) the lowest evaluated bid.
Section IV. Bidding Forms

Table of Forms
Post-Qualification
Form ELI 1.1 Applicant Information Form

Form ELI 1.2 (a) Applicant's JV Information Form
Form ELI 1.2 (b) Declaration of Association
Form CON 2 Historical Contract Non-Performance, Pending Litigation and
Litigation History
Form FIN 3.1 Financial Situation and Performance
Form FIN 3.2 Average Annual Construction Turnover
Form FIN–3.3 Sources of Finance
Form FIN–3.4 Current Contract Commitments / Works in Progress
Form EXP 4.1 General Construction Experience
Form EXP 4.2 (a) Specific Construction and Contract Management Experience
Form EXP 4.2 (b) Construction Experience in Key Activities
Optional: Form EQP–4.3 Specific Construction Equipment
Form CER–5.1 Certification
Form ESHS EXP 5.2 Experience in Projects with significant ESHS Impact
Form ENV–5.3 Environmental Management Capacity
Form OHSAS–5.4 Occupational Health and Safety Capacity
Form LOC–5.5 Socially Responsible Works Implementation
Form COC–5.6 Ethical Business Principles
Form PER–5.7 List of Available ESHS and Construction Personnel
TECHNICAL BID
Letter of Technical Bid ...........................................................................93
Declaration of Undertaking ....................................................................95
Technical Bid.........................................................................................100
Site Organization ..................................................................................101
Environmental, Social, Health and Safety Methodology ...................102
Method Statement .................................................................................103
Mobilization Schedule ..........................................................................104
Construction Schedule .........................................................................105
Plant .....................................................................................................106
Personnel ..............................................................................................107
Proposed Subcontractors/Manufacturers for Major Items of Plant and

Installation Services...................................................................109
Others – Time Schedule .......................................................................111
FINANCIAL BID
Letter of Financial Bid ..........................................................................112
Schedules of Rates and Prices ............................................................114

Schedule of Adjustment Data .......................................................................... 115
Summary of Payment Currencies ................................................................... 116
Form of Bid Security.............................................................................117
FORM ELI-1.1
APPLICANT INFORMATION FORM
Date: _________________
ICB No. and title: ICB-SEPP-EPC-SOLAR-01/2024-KfW-BMZ-PN511010
Page __________of _______________pages
Applicant's name
[insert full name]
In case of Joint Venture (JV), name of each member:
[insert full name of each member in JV]
Applicant's actual or intended country of registration:
[indicate country of Constitution]
Applicant's actual or intended year of constitution:
[indicate year of Constitution]
Applicant's legal address [in country of registration]:
[insert street/ number/ town or city/ country]
Applicant's legal structure and ownership structure
Legal structure: [provide details]
Ownership structure: [provide details of direct and indirect ownership]
Applicant's authorized representative information
Name: [insert full name]
Address: [insert street/ number/ town or city/ country]
Telephone/Fax numbers: [insert telephone/fax numbers, including country and city codes]
E-mail address: [indicate e-mail address]
1. General Presentation of the Applicant (name, legal structure, business areas, subsidiaries and
shareholdings, number of staff, etc.)
2. Attached are copies of original documents of
 Articles of Incorporation (or equivalent documents of constitution or association), and/or
documents of registration of the legal entity named above, in accordance with ITA 4.1.
 In case of JV, JV agreement, in accordance with ITA 4.1 or Declaration of Association as per
ELI 1.2(b).
 In case of Government-owned enterprise or institution, in accordance with ITA 4.3 documents
establishing:
- Legal and financial autonomy
- Operation under commercial law
- Establishing that the Applicant is not a dependent agency of the Employer.
3. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
FORM ELI-1.2 (A)

APPLICANT'S JV INFORMATION FORM
[The following table shall be filled by each member of a JV and, if applicable, by any
specialized subcontractor]
Date: _______________
Page _______________ of ____________ pages
Each Applicant that is a JV Party and each nominated subcontractor in accordance with ITA
24 must submit this information.
Applicant name:[insert full name]
Applicant's JV Member’s name:[insert full name of Applicant's JV Member]
Applicant's JV Member’s country of registration:
[indicate country of registration]
Applicant JV Member’s year of constitution:
[indicate year of constitution]
Applicant JV Member’s legal address in country of constitution:
[insert street/ number/ town or city/ country]
Applicant JV Member’s legal structure and ownership structure:
Legal structure: [provide details]
Ownership structure: [provide details of direct and indirect ownership]
Applicant JV Member’s authorized representative information
Name: [insert full name]
Address: [insert street/ number/ town or city/ country]
Telephone/Fax numbers: [insert telephone/fax numbers, including country and city codes]
E-mail address: [indicate e-mail address]
1. General Presentation of the Applicant (name, legal structure, business areas, subsidiaries and
shareholdings, number of staff, etc.)
2. Attached are copies of original documents of
 Articles of Incorporation (or equivalent documents of constitution or association), and/or
documents of registration of the legal entity named above, in accordance with ITA 4.1.
 In case of JV, JV agreement, in accordance with ITA 4.1 or Declaration of Association as per
ELI 1.2(b).
 In case of Government-owned enterprise or institution, in accordance with ITA 4.3 documents
establishing:
- Legal and financial autonomy
- Operation under commercial law
- Establishing that the Applicant is not a dependent agency of the Employer.
3. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
FORM ELI-1.2 (B)

DECLARATION OF ASSOCIATION
[The following form shall be provided by each member of a Joint Venture and, if applicable, by
any specialized subcontractor, nominated in accordance with ITA 24]
Date: _______________
Page _______________ of ____________ pages
We hereby declare our intent to associate with the following firms for the purpose of
forming a [insert here “joint venture”]:
[Insert the names of the other JV Members here]
[Insert the name of the Lead Member] shall be the Lead Member.
We hereby confirm that we have not associated with any other firms for the purposes of
this assignment and that we will not submit an Application separately from the firms listed
above. Further, we understand that if one of the above JV Members appears as a member
in more than one Application, all Applications in which the Member appears shall be
disqualified.
In the event that this JV is awarded a Contract, we shall perform the works in the
composition and in the form of cooperation described above.
[Signature of the authorised representative of the Member]
FORM CON-2
HISTORICAL CONTRACT NON-PERFORMANCE, PENDING
LITIGATION AND
LITIGATION HISTORY
[The following table shall be filled in for the Applicant and for each member of a Joint Venture]
Applicant’s Name: [insert full name]

Date: [insert day, month, year]
Joint Venture Member Name:[insert full name]
Page [insert page number] of [insert total number] pages
Non-Performed Contracts in accordance with Section III, Qualification and Evaluation

 Contract non-performance did not occur since 1st January [insert current year number less 5]
specified in Section III, Qualification and Evaluation, Sub-Factor 2.1.
 Contract(s) not performed since 1st January [insert current year number less 5] specified in
Section III, Qualification and Evaluation, requirement 2.1
Year Non- Contract Identification Total Contract
performed Amount (current
portion of value, currency,
contract exchange rate
and EUR
equivalent)
[insert [insert amount Contract Identification: [indicate complete contract[insert amount]
year] and percentage] name/ number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for non-performance: [indicate main
reason(s)]
Pending Litigation, in accordance with Section III, Qualification and Evaluation

 No pending litigation in accordance with Section III, Qualification and Evaluation, Sub-Factor
2.3.
 Pending litigation in accordance with Section III, Qualification and Evaluation, Sub-Factor 2.3 as
indicated below.
Year of Amount in Contract Identification Total
dispute dispute Contract
(currency) Amount
(currency),
EUR
Equivalent
(exchange
rate)
[insert [insert amount] Contract Identification: [indicate complete [insert
year] contract name, number, and any other amount]
identification]
Name of Employer: [insert full name]
Address of Employer: [insert
street/city/country]
Matter in dispute: [indicate main issues in
dispute]
Party who initiated the dispute: [indicate
“Employer” or “Contractor”]
Status of dispute: [Indicate if it is being
treated by the Adjudicator, under
Arbitration or being dealt with by the
Judiciary]
FORM FIN-3.1
FINANCIAL SITUATION AND PERFORMANCE
[The following table shall be filled in for the Applicant and for each JV Member]

1. Financial data
Type of Financial information Historic information for previous _[insert number] years,
in [insert in words]
(currency) (amount in currency, currency, exchange rate, EUR
equivalent)
Year 1 Year 2 Year 3 Year4 Year 5
Statement of Financial Position (Information from Balance Sheet)
Total Assets (TA)
Total Liabilities (TL)
Total Equity/Net Worth (NW)
Current Assets (CA)
Current Liabilities (CL)
Working Capital (WC)
Information from Income Statement

Total Revenue (TR)
Profits Before Taxes (PBT)
Cash Flow Information

Cash Flow from Operating
Activities
2. Financial documents
The Applicant and its parties shall provide copies of financial statements for [number] years
pursuant Section III, Qualification and Evaluation, Sub-factor 3.1. The financial statements shall:
(a) reflect the financial situation of the Applicant or JV member , and not an affiliated
entity (such as parent company or subsidiary).
(b) be independently audited or certified in accordance with local legislation.
(c) be complete, including all notes to the financial statements.
(d) correspond to accounting periods already completed and audited.
 Attached are copies of financial statements7 for the [number] years required above; and
complying with the requirements
7 If the most recent set of financial statements is for a period earlier than 12 months from the date of application,
the reason for this should be justified.
FORM FIN-3.2
AVERAGE ANNUAL CONSTRUCTION TURNOVER
[The following table shall be filled in for the Applicant and for each member of a Joint
Venture]

Annual turnover data (construction only)

Year Amount Exchange rate EUR equivalent
Currency
[indicate [insert amount and indicate [insert exchange [insert EUR
calendar currency] rates used to equivalent]
year] calculate the
EUR equivalent]
Average Annual
Construction
Turnover *
* Total EUR equivalent for all years divided by the total number of years. See Section III,
Qualification and Evaluation, Clause 3.2.
FORM FIN–3.3
SOURCES OF FINANCE
[The following table shall be filled in for the Applicant and all members combined in case of a
Joint Venture]
Specify proposed sources of financing, such as liquid assets, unencumbered real assets,
lines of credit, and other financial means, net of current commitments, available to meet
the total construction cash flow demands of the subject contract or contracts as specified
in Section III, Qualification and Evaluation.
Financial Resources
No. Source of financing Amount (EUR equivalent)
FORM FIN–3.4
CURRENT CONTRACT COMMITMENTS / WORKS IN
PROGRESS
[The following table shall be filled in for the Applicant and all members combined in case of a
Joint Venture]
Applicants and each member to a JV should provide information on their current

commitments on all contracts that have been awarded, or for which a letter of intent
or acceptance has been received, or for contracts approaching completion, but for
which an unqualified, full completion certificate has yet to be issued.
Current Contract Commitments

Value of
Average Monthly
Employer’s Outstanding Estimated
Invoicing Over
No. Name of Contract Contact Address, Work Completion
Last Six Months
Tel, Fax [Current EUR Date
[EUR / month)]
Equivalent]
1
FORM EXP-4.1
GENERAL CONSTRUCTION EXPERIENCE
[The following table shall be filled in for the Applicant and in the case of a JV Applicant,
each Member]

[Identify contracts that demonstrate continuous construction work over the past [number]
years pursuant to Section III, Qualification and Evaluation, Sub-Factor 4.1. List contracts
chronologically, according to their commencement (starting) dates.]
Starting Ending Contract Identification Role of

Year Year Applicant
[indicate [indicate Contract name: [insert full name] [insert "Prime
year] year] Brief Description of the Works performed by the Contractor” or “JV
Applicant: [describe works performed briefly] Member” or
Amount of contract: [insert amount in currency, "Subcontractor” or
mention currency used, exchange rate and EUR "Management
equivalent] Contractor”]
Name of Employer: [indicate full name]
Address: [indicate street/number/city/country]
Contract name: [insert full name] [insert "Prime

Brief Description of the Works performed by the Contractor” or “JV
Contract name: [insert full name] [insert "Prime

Brief Description of the Works performed by the Contractor” or “JV
FORM EXP-4.2 (A)

SPECIFIC CONSTRUCTION AND CONTRACT
MANAGEMENT EXPERIENCE
[The following table shall be filled in separately for contracts performed by the Applicant
or each member of a Joint Venture]

Joint Venture Member’s Name:[insert full name]
Information
Similar Contract No.
[insert number] of [insert
number of similar contracts
required]
Contract Identification [insert contract name and number, if applicable]
Award date [insert day, month, year, i.e., 15 June, 2015]
Completion date [insert day, month, year, i.e., 03 October, 2017]
Role in Contract Prime Member in Management Sub-
[check the appropriate box] Contractor JV Contractor contractor
   
Total Contract Amount [insert total contract amount in EUR [insert Exchange rate and
local currency] total contract amount in EUR
equivalent]
If member in a JV or [insert a [insert total [insert exchange rate and total
subcontractor, specify percentage contract contract amount in EUR
participation in total Contract amount] amount in equivalent]
amount local currency]
Employer's Name: [insert full name]
Address: [indicate street / number / town or city / country]
Telephone/fax number [insert telephone/fax numbers, incl. country/city area codes]
E-mail: [insert e-mail address, if available]
Similar Contract No. Information

[insert number] of [insert number of
similar contracts required]
Description of the similarity in
accordance with Sub-Criterion 4.2 of
Section III:
1. Physical size of required works[insert physical size of items]
items
2. Complexity [insert description of complexity]
3. Methods/Technology [insert specific aspects of the methods/technology
involved in the contract]
4. Construction rate for key[insert yearly rates and items]
activities
5. Other Characteristics [insert other characteristics as described in Section VII,
Scope of Works]
FORM EXP-4.2 (B)

CONSTRUCTION EXPERIENCE IN KEY ACTIVITIES
Applicant's Name: [insert full name]
Applicant's JV Member’s Name: [insert full name]
Subcontractor’s Name8 (as per ITA 24.2): [insert full name]
1. Key Activity No. One: [insert brief description of the Activity, emphasizing its
specificity]
Information
Member
Role in Contract Prime Management Sub-
[check the appropriate box] in
Contractor Contractor contractor
JV
  

Total Contract Amount EUR [insert exchange rate
[insert total contract amount in
and total contract amount
contract currency(ies)]
in EUR equivalent]
Quantity (Volume, number or rate Total quantity in Percentage Actual
of production, as applicable) the contract participation Quantity
performed under the contract per (i) (ii) Performed
year or part of the year (i) x (ii)
[Insert extent of participation
indicating actual quantity of key
activity successfully completed in
the role performed]
Year 1
Year 2
Year 3
Year 4
Employer’s Name: [insert full name]
8 If applicable
Information
Telephone/fax number [insert telephone/fax numbers, including country and

city area codes]
Description of the key activities in

accordance with Sub-Factor 4.2(b)
of Section III:
[insert response to inquiry indicated in left
column]
2. Key Activity No. Two
3. Key Activity No. Three
OPTIONAL: FORM EQP–4.3

SPECIFIC CONSTRUCTION EQUIPMENT
[The following table is optional and depending on the nature of the project, it shall be
filled in for contracts performed by the Applicant or each member of a Joint Venture, and
if so nominated in accordance with ITA 24, nominated sub-contractor]
Applicant’s Legal Name: [insert full name]

Description Information
List of utilized specific construction __[based on the specific construction experience in Forms 4.2
equipment (a or b) the Applicant shall provide a list of specific construction
equipment, utilized for the execution of the works. The list shall
not specify commonly used equipment (ordinary cement mixers
or cranes, etc.) but specific equipment related to the specific
characteristics of the project as per the form below. For each
item one form.]_
Item number: __[insert consecutive number]_
Denomination: __[insert technical name of the item]_
Purpose: __[describe the use of the item in relation to the specific work
requirements of the project]___
Capacity / power rating / quantities, __[give details of the capacity / power rating / quantities in
etc. relation to the work description]__
FORM CER–5.1
CERTIFICATION
ESHS level = (2) The following table shall be provided by the Applicant for each
certificate:
- Quality Management certificate ISO 9001:2015
- Environmental management certificate ISO 14001:2015
- Health and Safety certificate ISO 45001:2018

Description Information
Identification of the certificate __________ [insert full name of the certificate]
First award date ________________ [insert day, month, year of

first certificate award]
Last update of the certificate __________ [insert day, month, year of latest
renewal, if any]
Issuers Name _______________ [insert full name]
Address _______________ [insert street / number / town

or city / country]
Telephone/fax number _______________ [insert phone/fax no., incl.
country & city area codes]
E-mail _______________ [insert e-mail address, if
available]
Compliance with international The certificate is [select ISO 9001 /
standards ISO 14001:2004 / OHSAS 18001]:
□ Yes / □ No
If no, proof of conformity with the The Applicant shall demonstrate the equivalency
international standard by the of their management systems with the
Applicant international standards.
FORM ESHS EXP-5.2

EXPERIENCE IN PROJECTS WITH SIGNIFICANT ESHS
IMPACT
[The following table shall be filled by the Applicant or in case of a JV the Lead Member.
Project references provided here should reflect the ESHS requirements as
defined in Section III, 5. If the Applicant is required to demonstrate different ESHS
aspects this should be shown separately in the sheet below or in a separate sheet.
]

Information
ESHS Contract No.
[insert number] of [insert
number of S&E contracts
required as per Section III, 5.]
Role in Contract Prime Member in Management Sub-
[check the appropriate box] Contractor JV Contractor contractor
   
Total Contract Amount [insert total contract amount in EUR [insert Exchange rate and
local currency] total contract amount in EUR
equivalent]
If member in a JV or [insert a [insert total [insert exchange rate and total
subcontractor, specify percentage contract contract amount in EUR
participation in total Contract amount] amount in equivalent]
amount local currency]
Employer's Name: [insert full name]
Telephone/fax number [insert telephone/fax numbers, incl. country/city area codes]
ESHS Contract No. Information and Documentation

[insert number] of [insert number of
ESHS contracts required as per
Section III, 5.]
1. ESHS Challenges [describe the ESHS challenges faced in project

implementation, including indication of scales/size by
reference, if applicable project E&S categorization as
per development bank categorization]
[insert brief description or, if applicable, short abstract of the documentation annexed ]
2. ESHS measures implemented[ description of measures implemented, incl. supporting

documentation, if available]
3. ESHS knowhow transfer to[description of know how transfer and capacity building
local staff, local partners andmeasures implemented, incl. supporting documentation,
subcontractors if available]
FORM ENV–5.3
ENVIRONMENTAL MANAGEMENT CAPACITY
[The following table shall be filled by the Applicant or each member of a Joint Venture]

The Applicant shall Information and ESH

demonstrate: Documentation S
level
1 - the existence of an __[Provide relevant details of the 
Environmental Policy Corporate Values or similar policy
documents and declarations]__ 

[insert brief description or, if applicable, short abstract of the documentation
annexed]
2 - the existence of an __[Provide details of the 

Environmental Management organizational set-up and
System, incl. an adequate procedures for relevant issues 
organizational set-up for within your company, for
definition, enforcement and qualification details of relevant key
monitoring. staff see Form PER-5.7]__

annexed]
3 - that all members of a JV, __[Provide information on 

suppliers, subcontractors and a) how awareness, know how
temporary workforce a) are aware transfer and enforcement is 
of and b) comply with the implemented to external partners
Environmental Management b) nature, content and frequency of
System. internal trainings to employees.]__
annexed]
FORM ISO 45001:2018–5.4

OCCUPATIONAL HEALTH AND SAFETY CAPACITY

The Applicant shall ESHS

demonstrate: Information level
1 - the existence of an __[Provide a policy document and the index 

Occupational Health & Safety of the Occupational Health & Safety manual
Policy or other relevant documents and 
declarations]__ 
2 - the existence of management __[Provide details of the organizational set- 

system, incl. an adequate up and procedures for health and safety
organizational set-up for issues within your company, for 
definition, enforcement and qualification details of relevant key staff see
monitoring. Form PER-5.7]__
[insert brief description or, if applicable, short abstract of the documentation annexed]
FORM LOC–5.5
SOCIALLY RESPONSIBLE WORKS IMPLEMENTATION


Documentation level
demonstrate:
1 - a strategy for staff and labor _[Provide information and relevant documents, if 
any]__
incl. recruitment of temporary 
workforce and local labor, 
worker grievance mechanism,
etc.
2 a comprehensive strategy for __[Please provide supporting evidence 

ensuring public health and 
safety, including programs and
procedures to combat the

spread of communicable
diseases (incl. HIV/AIDS).
3 - a comprehensive strategy for __[Provide information and relevant documents, 

if any]__
staff accommodation, e.g. 
worksite camps, house rental,
security, etc.
4 - a comprehensive training _[Provide information and relevant documents, if 

any]__
strategy for transfer of ESHS 
knowhow to temporary
workforce and subcontractors
FORM COC–5.6
ETHICAL BUSINESS PRINCIPLES


demonstrate: Documentation level
1 - that ILO core labor standards9 Our business operations respect the core Pass/
are fully respected in business labor standards on: fail
operations by explicitly ticking  Freedom of Association
the boxes.  Elimination of Forced Labour 
 Non-Discrimination 
 Abolishment of Child Labour

2 - the existence of a declaration __[Provide written information and evidence 

on ethical business principles on business principles (code of conduct, 
or similar declaration. conflict of interest, bribery, corruption, bid-
rigging, unfair competition, insider rules,
confidentiality, money-laundering, etc.)]__
- that all members of a JV, __[Provide information on

suppliers (in particular those a) how awareness, know how transfer and
for major supply items), enforcement is implemented to external
subcontractors and temporary partners, parcitularly thebusiness principles
workforce a) are aware of and (code of conduct, conflict of interest,
b) comply with these bribery, corruption, bid-rigging, unfair
principles. competition, insider rules, confidentiality,
money-laundering, etc.)
b) nature, content and frequency of internal
trainings to employees.]__
9 See relevant ILO conventions C087, C098, C029, C105, C100, C111, C138, C182. In case ILO conventions
have not been fully ratified or implemented in the Employer’s country the Applicant / Bidder / Contractor
shall, to the satisfaction of the Employer and KfW, propose and implement appropriate measures in the
spirit of the said ILO conventions.
FORM PER–5.7 LIST OF AVAILABLE ESHS AND

CONSTRUCTION PERSONNEL
Complete the list below to demonstrate the extent to which you have access (internally /
externally) to ESHS and Construction expertise required for personnel profiles described
in Section VII; Scope of Works.
Relationship with / Years within the

Years of Professional Experience
Designation, in accordance with
(Description of project-related
Country/Regional Experience
Relevant Project References

Section VII, Scope of Works
Education/ Degree
experience)
Languages
Applicant10
Name
10 For freelance experts (e.g. with retainer contracts or formal agreements) indicate “FE” and how long the
expert has been associated with the Applicant. For sub-consultant staff indicate “Sub”. Staff from affiliated
firms of the Applicant shall be considered as sub-consultant staff.
TECHNICAL BID
Letter of Technical Bid
[The Bidder shall prepare his Letter of Bid on a Letterhead paper specifying his name and
address]
Date:
ICB No.: ICB-SEPP-EPC-SOLAR-01/2024-KfW-BMZ-PN511010
To:
______________________________________________________________________
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Documents, including
Addenda issued in accordance with Instructions to Bidders (ITB 8) ;
(b) We have no conflict of interest in accordance with ITB 4;
(c) We have not been suspended nor declared ineligible by the Employer based on
execution of a Bid Securing Declaration in the Employer’s country in accordance
with ITB 4.4;
(d) We offer to_________________, in conformity with the Bidding Documents, the

following Plant and Installation Services:
;
(e) Our Bid shall be valid for a period of _________________ days from the date fixed
for the bid submission deadline in accordance with the Bidding Documents, and it shall
remain binding upon us and may be accepted at any time before the expiration of that
period;
(f) We are not participating, as a Bidder, in more than one Bid in this bidding process in
accordance with ITB 4.2(e), other than alternative Bids submitted in accordance with
ITB 13;
(g) We understand that this Technical Bid, together with your written acceptance thereof
included in your notification of award, shall constitute a binding contract between us,
until a formal contract is prepared and executed; and
(h) We acknowledge and agree that the Employer reserves the right to annul the bidding
process and reject all Bids at any time prior to contract award without thereby incurring
any liability to us;
(i) We hereby certify that we have taken steps to ensure that no person acting for us or
on our behalf will engage in any type of fraud and corruption.
Name of the Bidder*

Name of the person duly authorized to sign the Bid on behalf of the Bidder**
Title of the person signing the Bid
Signature of the person named above
Date signed ________________________________ day of

_______________________, _____
*: In the case of the Bid submitted by a JV specify the name of the JV as Bidder
**: Person signing the Bid shall have the power of attorney given by the Bidder to be
attached with the Bid
Declaration of Undertaking
Reference name of the Application/Offer/Contract: ("Contract")11

To: ("Project Executing Agency")
1. We recognise and accept that KfW only finances projects of the Project Executing
Agency (“PEA”)12 subject to its own conditions which are set out in the Funding
Agreement it has entered into with the PEA. As a matter of consequence, no legal
relationship exists between KfW and our company, our Joint Venture or our
Subcontractors under the Contract. The PEA retains exclusive responsibility for the
preparation and implementation of the Tender Process and the performance of the
Contract.
2. We hereby certify that neither we nor any of our board members or legal
representatives nor any other member of our Joint Venture including Subcontractors
under the Contract are in any of the following situations:
2.1) being bankrupt, wound up or ceasing our activities, having our activities
administered by courts, having entered into receivership, reorganisation or being
in any analogous situation;
2.2) convicted by a final judgement or a final administrative decision or subject to
financial sanctions by the United Nations, the European Union or Germany for
involvement in a criminal organisation, money laundering, terrorist-related
offences, child labour or trafficking in human beings; this criterion of exclusion is
also applicable to legal Persons, whose majority of shares are held or factually
controlled by natural or legal Persons which themselves are subject to such
convictions or sanctions;
2.3) having been convicted by a final court decision or a final administrative
decision by a court, the European Union, national authorities in the Partner Country
or in Germany for Sanctionable Practice in connection with a Tender Process or
the performance of a Contract or for an irregularity affecting the EU’s financial
interests (in the event of such a conviction, the Applicant or Bidder shall attach to
this Declaration of Undertaking supporting information showing that this conviction
is not relevant in the context of this Contract and that adequate compliance
measures have been taken in reaction);
2.4) having been subject, within the past five years to a contract termination fully
settled against us for significant or persistent failure to comply with our contractual
obligations during such Contract performance, unless this termination was
challenged and dispute resolution is still pending or has not confirmed a full
settlement against us;
2.5) not having fulfilled the applicable fiscal obligations with regard to the payment
of taxes at the respective tax residence and in the country of origin of the PEA
(contractors based in Annex 1 countries (https://www.consilium.europa.eu/de/policies/eu-list-of-
non-cooperative-jurisdictions/) must submit a fully completed and legally countersigned
declaration of tax conformity (Appendix1 to the Declaration of Undertaking) in addition to the
Declaration of Undertaking at the time of award of the contract/contract review. This shall become
an integral part of the contract. Failure to submit may result in exclusion from the awarding
procedure. For contractors based in countries not listed as Annex I countries, only the
Declaration of Undertaking must be submitted, and not the declaration of tax conformity;
11 Capitalised terms used, but not otherwise defined in this Declaration of Undertaking have the meaning given
to such term in KfW’s “Guidelines for the Procurement of Consulting Services, Works, Goods, Plant and Non-
Consulting Services in Financial Cooperation with Partner Countries”.
12 The PEA means the purchaser, the employer, the client, as the case may be, for the procurement of
Consulting Services, Works, Plant, Goods or Non-Consulting Services.
2.6) being subject to an exclusion decision of the World Bank or any other
multilateral development bank and being listed on the website
http://www.worldbank.org/debarr or respectively on the relevant list of any other
multilateral development bank (in the event of such exclusion, the Applicant or
Bidder shall attach to this Declaration of Undertaking supporting information
showing that this exclusion is not relevant in the context of this Contract and that
adequate compliance measures have been taken in reaction); or
2.7) being guilty of misrepresentation in supplying the information required as
condition to participation in this Tender Procedure.
3. We hereby certify that neither we, nor any of the members of our Joint Venture or any
of our Subcontractors under the Contract are in any of the following situations of conflict
of interest:
3.1) being an affiliate controlled by the PEA or a shareholder controlling the PEA,
unless the stemming conflict of interest has been brought to the attention of KfW
and resolved to its satisfaction;
3.2) having a business or family relationship with a PEA's staff involved in the
Tender Process or the supervision of the resulting Contract, unless the stemming
conflict of interest has been brought to the attention of KfW and resolved to its
satisfaction;
3.3) being controlled by or controlling another Applicant or Bidder, or being under
common control with another Applicant or Bidder, or receiving from or granting
subsidies directly or indirectly to another Applicant or Bidder, having the same legal
representative as another Applicant or Bidder, maintaining direct or indirect
contacts with another Applicant or Bidder which allows us to have or give access
to information contained in the respective Applications or Offers, influencing them
or influencing decisions of the PEA;
3.4) being engaged in a Consulting Services activity, which, by its nature, may be
in conflict with the assignments that we would carry out for the PEA;
3.5) in the case of procurement of Works, Plant or Goods:
i. having prepared or having been associated with a Person who prepared
specifications, drawings, calculations and other documentation to be used
in the Tender Process of this Contract;
ii. having been recruited (or being proposed to be recruited) ourselves or any
of our affiliates, to carry out works supervision or inspection for this
Contract;
4. If we are a state-owned entity, and compete in a Tender Process, we certify that we
have legal and financial autonomy and that we operate under commercial laws and
regulations.
5. We undertake to bring to the attention of the PEA, which will inform KfW, any change
in situation with regard to points 2 to 4 here above.
6. In the context of the Tender Process and performance of the corresponding Contract:
6.1) neither we nor any of the members of our Joint Venture nor any of our
Subcontractors under the Contract have engaged or will engage in any
Sanctionable Practice during the Tender Process and in the case of being awarded
a Contract will engage in any Sanctionable Practice during the performance of the
Contract;
6.2) neither we nor any of the members of our Joint Venture or any of our
Subcontractors under the Contract shall acquire or supply any equipment nor
operate in any sectors under an embargo of the United Nations, the European
Union or Germany; and
6.3) we commit ourselves to complying with and ensuring that our Subcontractors
and major suppliers under the Contract comply with international environmental
and labour standards, consistent with laws and regulations applicable in the
country of implementation of the Contract and the fundamental conventions of the
International Labour Organisation13 (ILO) and international environmental treaties.
Moreover, we shall implement environmental and social risks mitigation measures
when specified in the relevant environmental and social management plans or
other similar documents provided by the PEA and, in any case, implement
measures to prevent sexual exploitation and abuse and gender based violence.
7. In the case of being awarded a Contract, we, as well as all members of our Joint
Venture partners and Subcontractors under the Contract will, (i) upon request, provide
information relating to the Tender Process and the performance of the Contract and (ii)
permit the PEA and KfW or an auditor appointed by either of them, and in the case of
financing by the European Union also to European institutions having competence
under European Union law, to inspect the respective accounts, records and
documents, to permit on the spot checks and to ensure access to sites and the
respective project.
8. In the case of being awarded a Contract, we, as well as all our Joint Venture partners
and Subcontractors under the Contract undertake to preserve above mentioned
records and documents in accordance with applicable law, but in any case for at least
six years from the date of fulfillment or termination of the Contract. Our financial
transactions and financial statements shall be subject to auditing procedures in
accordance with applicable law. Furthermore, we accept that our data (including
personal data) generated in connection with the preparation and implementation of the
Tender Process and the performance of the Contract are stored and processed
according to the applicable law by the PEA and KfW.
Name: In the capacity of:

Duly empowered to sign in the name and on behalf of14:
Signature: …………..
Dated: ……………….
13 In case ILO conventions have not been fully ratified or implemented in the Employer’s country the
Applicant/Bidder/Contractor shall, to the satisfaction of the Employer and KfW, propose and implement
appropriate measures in the spirit of the said ILO conventions with respect to a) workers grievances on working
conditions and terms of employment, b) child labour, c) forced labour, d) worker’s organisations and e) non-
discrimination.
14 In the case of a JV, insert the name of the JV. The person who will sign the application, bid or proposal on
behalf of the Applicant/Bidder shall attach a power of attorney from the Applicant/Bidder.
Appendix 1
Declaration of tax conformity – binding confirmation for legal
persons
Name of company
I hereby confirm with my signature that:

1. I am authorised to make this declaration on behalf of the above company;
2. the company properly pays all taxes in accordance with the tax laws of the
country in which the company is domiciled;
3. the company is not currently nor has been in the past involved in any legal
proceedings concerning the taxation of the company;
4. the company will duly pay taxes that may arise from the provision of contracted
services as a service provider (short-term expert) for KfW Group;
5. all information and statements provided in advance are complete, accurate in
terms of content and currently correct.
.............................. ................... .......................................................

(Place) (Date) (Name of the consultant)
..............................................
(Signature(s))
Appendix 1
Declaration of tax conformity – binding confirmation for natural
persons
I hereby confirm with my signature that:
1. I make this declaration in my name/on my own account;

2. I duly pay taxes that I am obliged to pay under the tax law of my country
of residence;
3. I am not currently involved in tax law court proceedings, nor have I been
in the past;
4. I will duly pay taxes that may arise from the provision of contracted
services as a short-term expert for KfW Group;
5. I have filled in all the information and statements of this confirmation in
full, accurately in terms of content and that they are up to date at this
time.
.............................. ................... .......................................................

(Place) (Date) (Name of the person)
......................................................
(Signature)
Technical Bid
- Site Organization
- Environmental, Social, Health and Safety (ESHS) Methodology
- Method Statement
- Mobilization Schedule
- Construction Schedule
- Plant
- Contractor’s Equipment
- Personnel
- Proposed Subcontractors/Manufacturers for Major Items of Plant and

Installation Services
- Manufacturer's Authorization
- Others
Site Organization
[Insert any details required for Site Organization]
Environmental, Social, Health and Safety

Methodology
The Bidder shall provide an ESHS Methodology providing information on how the Bidder
shall meet those requirements and objectives, which are specified in Section VII, Works
Requirements - ESHS Specifications.
The ESHS Methodology submitted shall be in the form of a preliminary draft of the
Construction Environmental and Social Management Plan (C-ESMP), the content of which
is detailed in Appendix 1 to ESHS Specifications.
The selected Bidder will prepare a Construction Environmental and Social Management
Plan, C-ESMP, demonstrating the manner in which they will comply with the
requirements of Site-Specific Management Plans, and the mitigation measures proposed in
the ESMP according to ESIA study. The C-ESMP will be submitted within 90 days of
Contractor’s mobilization, and will be approved by NEA. The C-ESMP will form the part
of the contract documents and will be used as monitoring tool for compliance. Violation
of the compliance requirements will be treated as non-compliance leading to the
corrections or otherwise imposing penalty on the contractor.
Information should be provided on all items of the above mentioned table of contents.
In order to address the highly sensitive ESHS issues highlighted during the project’s
constructions, the ESHS Methodology shall provide detailed information on the
management of the following items:
(a) ESHS resources and facilities and ESHS monitoring organization;

(b) Project Areas description (base camps, quarries, borrow pits, storage areas);
(c) Health & Safety on Project Areas;
(d) Local recruitment and ESHS trainings of local staff (capacity building), ESHS
trainings of subcontractors and local partners (transfer of knowledge);
(e) Relations with stakeholders, information and consultation of local communities
and authorities;
(f) Traffic management;
(g) Hazardous materials storage;
(h) Pollution prevention ;
(i) Protection of water resources;
(j) Atmospheric emissions, noise and vibrations;
(k) Waste management;
(l) Biodiversity : protection of fauna and flora;
(m) Site rehabilitation and revegetation;
(n) Erosion and sedimentation;
(o) Control of infectious and communicable diseases (HIV/AIDS, malaria…).
(p) Personal protective equipment
(q) Firefighting equipment
A Bid for which the ESHS Methodology is evaluated as nonsubstantially responsive (i.e.
with title and material deviation, reservation or omission) to the ESHS Specifications may
be be rejected.
Method Statement
Each Bidder shall set out details of the Method Statement for the Works to
demonstrate how it will meet the Employer’s objective and requirements. As a
minimum, the Method Statement shall address the following:
(a) Details of the arrangements and methods which the Bidder proposes to
implement for the construction of the Works, in sufficient detail to
demonstrate their adequacy to achieve the requirements of the Contract
including completion within the Time for Completion stated in the
Particular Conditions of Contract.
(b) Outline of the arrangements of the Bidder to manage coordination of Site

access.
(c) Comments on the geotechnical and subsurface aspects of the Works

including materials, material sources and any constraints.
(d) [Comments on any offshore or waterfront aspects of the Works.]
(e) Comments on logistics and traffic management [as may be appropriate].
(f) Outline of the arrangements and organisation of the Bidder to ensure

compliance with the Works Requirements.
(g) Outline of the arrangements of the Bidder to carry out testing upon
completion as specified in the Works Requirements.
(h) [Insert other information, as may be appropriate.]
Mobilization Schedule
[insert any details required]
Construction Schedule
Each Bidder shall set out a detailed Program and Schedule for mobilisation and
construction of the Works to be performed, including estimated starting and
finishing dates for individual components and identification of major milestones and
critical path. The proposed Program and Schedule shall be developed according
to Works Requirements and shall address the following:
(a) Details of the proposed schedule for obtaining permits that may be
necessary in order to commence the Works, including the preparation of
required studies, supporting information, and applications.
(b) Details of the proposed timeline for carrying out the Works within the Time
for Completion, in the form of a bar chart showing notably the critical path.
(c) Details of the proposed timeline for the testing, commissioning and handing
over of the completed Works.
(d) [Other proposed measures as may be appropriate]
Plant
[Insert any details required]
Personnel
Form PER-1
Proposed Personnel
Bidders should provide the names of suitably qualified personnel to meet the specified requirements
stated in Section III. The data on their experience should be supplied using the Form below for each
candidate.
1. Title of position*
Name
Name
Name
Name
*As listed in Section III.
Form PER-2
Resume of Proposed Personnel
Name of Bidder
Position
Personnel Name Date of birth

information
Professional qualifications
Present Name of employer

employment
Address of employer
Telephone Contact (manager / personnel officer)
Fax E-mail
Job title Years with present employer
Summarize professional experience over the last 20 years, in reverse chronological order. Indicate
particular technical and managerial experience relevant to the project.
From To Company / Project / Position / Relevant technical and management

experience
Proposed Subcontractors/Manufacturers for Major

Items of Plant and Installation Services
A list of major items of Plant and Installation Services is provided below.
The following Subcontractors and/or manufacturers are proposed for carrying out the item of the
facilities indicated. Bidders are free to propose more than one for each item
Major Items of Plant and Proposed Subcontractors/Manufacturers Nationality

Installation Services
Manufacturer's Authorization
[to be prepared in official letterhead of the manufacturer and duly signed and stamped by
a person competent and having the authorization to bid the manufacturer, including
complete address – name, contact number, email address, mailing address]
Date: [insert date (as day, month and year) of bid submission]
ICB No.: [insert number of bidding process)
To: [insert complete name of the employer]
We [insert complete name of the manufacturer], who are official manufacturer of [insert
type of goods manufactured], having factories at [insert full address of manufacturer's
factories], do hereby authorize [insert complete name of the bidder] to submit a bid, the
purpose of which is to provide the following goods, manufactured by us [insert name and/or
brief description of the goods], and to subsequently negotiate and sign the contract.
We hereby extend our full guarantee and warranty in accordance with Sub-clause 1.1.3.7
Defects Notification Period, with respect to the goods offered by the above firm.
Signed: [insert signature of authorized representative of the manufacturer]

Name: [insert complete name of authorized representative of the manufacturer]
Title: [insert title/designation]
Duly authorized to sign this Authorization on behalf of [insert complete name of the
manufacturer]
Dated on: ________ day of ____________, ________ [insert date of signing]
Official Seal:
Others – Time Schedule
(to be used by Bidder when alternative Time for Completion is invited in ITB 13.2)
FINANCIAL BID
Letter of Financial Bid

[The Bidder shall prepare his Letter of Bid on a Letterhead paper specifying his name and
address]
Date:
ICB No.: ICB-SEPP-EPC-SOLAR-01/2024-KfW-BMZ-PN511010
To:
________________________________________________________________
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Document,

including Addenda issued in accordance with Instructions to Bidders (ITB) 8 ;
(b) We have no conflict of interest in accordance with ITB 4;
(c) We have not been suspended nor declared ineligible by the Employer based
on execution of a Bid Securing Declaration in the Employer’s country in
accordance with ITB 4.4.
(d) We offer to _________________________, in conformity with the Bidding
Document, the following Plant and Installation Services:
(e) The price of our Bid, excluding any discounts offered in item (d) below is the
sum of: _________________________, (_____________), and __________________,
(___________)
(f) The discounts offered and the methodology for their application are:
(g) Our bid shall be valid for a period of ____________________________ days

from the date fixed for the bid submission deadline in accordance with the
Bidding Document, and it shall remain binding upon us and may be accepted
at any time before the expiration of that period;
(h) If our bid is accepted, we commit to obtain a performance security in

accordance with the Bidding Document;
(i) We are not participating, as a Bidder or a subcontractor, in more than one bid
in this bidding process in accordance with ITB 4.2, other than alternative bids
submitted in accordance with ITB 13;
(j) We have paid, or will pay the following commissions, gratuities, or fees with
respect to the bidding process or execution of the Contract:
Name of Recipient Address Reason Amount
(If none has been paid or is to be paid, indicate “none.”)
(k) We understand that this bid, together with your written acceptance thereof
included in your notification of award, shall constitute a binding contract
between us, until a formal contract is prepared and executed; and
(l) We understand that you are not bound to accept the lowest evaluated bid or
any other bid that you may receive.
(m) We hereby certify that we have taken steps to ensure that no person acting for
us or on our behalf will engage in any type of fraud and corruption.
Name of the Bidder*

Name of the person duly authorized to sign the Bid on behalf of the Bidder**
Title of the person signing the Bid
Signature of the person named above
Date signed ________________________________ day of

_______________________, _____
*: In the case of the Bid submitted by joint venture specify the name of the Joint
Venture as Bidder
**: Person signing the Bid shall
have the power of attorney given by the
Bidder to be attached with the Bid
SCHEDULES OF RATES AND PRICES
Please refer to separate Excel file(s)
Schedule of Adjustment Data

Not applicable
Summary of Payment Currencies

Table: Option B
To be used only with Option B

“Bidders allowed to quote in local and foreign currencies” (Sub-Clause BDS 18.1)
Summary of currencies of the Bid for ___________ [insert name of Section of the Works]
Name of currency Amounts payable

Local currency: NPR
Foreign currency: EUR/USD
Provisional sums expressed in local currency [To be entered by the Employer]

NPR__________________________________
FORM OF BID SECURITY

Beneficiary: [Insert name and Address of Purchaser]
Date: [Insert date of issue]
BID GUARANTEE No.: [Insert guarantee reference number]
Guarantor: [Insert name and address of place of issue, unless indicated in the
letterhead]
We have been informed that [Insert name and address of the bidder, which in the
case of a joint venture shall be the name and address of the joint venture]
(hereinafter called “the Applicant”) has submitted or will submit to the Beneficiary
its bid (hereinafter called “the Bid”) for the execution of [Insert project, object of the
contract/brief description of the works] under International Competitive Bidding No.
[Insert ICB number].
Waiving all objections and defences, we, as Guarantor, hereby irrevocably and
independently undertake to pay the Beneficiary any sum or sums not exceeding in
total an amount of [Insert guarantee amount and currency in words and figures]
upon receipt by us of the Beneficiary’s first demand, supported by the Beneficiary’s
statement, whether in the demand itself or a separate signed document
accompanying or identifying the demand, stating that either the Applicant:
(a) Has withdrawn its Bid during the period of bid validity set forth in the Applicant’s
Bid Submission Form (the Bid Validity Period”); or
(b) Having been notified of the acceptance of its Bid by the Beneficiary during the
Bid Validity Period, (i) has failed to sign the contract agreement, or (ii) has
failed to furnish the performance security, in accordance with the Instructions
to Bidders (“ITB”) of the Beneficiary’s bidding document.
This guarantee shall expire not later than [Insert expiry date]15.
By this date we must have received any claims for payment by letter or encoded
telecommunication.
It is understood that you will return this guarantee to us on expiry or after payment
of the total amount to be claimed hereunder.
[As preferred option regarding guarantee rules insert16: This guarantee is subject
to the Uniform Rule for Demand Guarantees (URDG) 2010 Revision, ICC
Publication No. 758.]
Place, date Guarantor’s authorized

signature(s)
15
Pursuant to ITB Clause 19.3 the guarantee must be valid for at least 42 days beyond the bid
validity.
16 In the case the issuing bank will not add the preferred option, the following must be added
instead: This guarantee is governed by the laws of [Insert country of jurisdiction]. Note: the country
of jurisdiction shall be the country where the bank’s branch issuing the guarantee is physically
located.
119 Section V. Eligibility Criteria
Section V. Eligibility Criteria

Eligibility in KfW-Financed Procurement
1. Consulting Services, Works, Goods, Plant and Non-Consulting Services are

eligible for KfW financing regardless of the country of origin of the Contractors
(including Subcontractors and suppliers for the execution of the Contract),
except where an international embargo or sanction by the United Nations, the
European Union or the German Government applies.
2. Applicants/Bidders (including all members of a Joint Venture and proposed or

engaged Subcontractors) shall not be awarded a KfW-financed Contract if, on
the date of submission of their Application/Offer or on the intended date of
Award of a Contract, they:
2.1 are bankrupt or being wound up or ceasing their activities, are having their
activities administered by courts, have entered into receivership, or are in
any analogous situation;
2.2 have been
(a) convicted by a final judgement or a final administrative decision or
subject to financial sanctions by the United Nations, the European
Union and/or the German Government for involvement in a criminal
organisation, money laundering, terrorist-related offences, child labour
or trafficking in human beings; this criterion of exclusion is also
applicable to legal Persons, whose majority of shares are held or
factually controlled by natural or legal Persons which themselves are
subject to such convictions or sanctions;
(b) convicted by a final court decision or a final administrative decision by
a court, the European Union or national authorities in the Partner
Country or in Germany for Sanctionable Practice during any Tender
Process or the performance of a Contract or for an irregularity affecting
the EU’s financial interests, unless they provide supporting information
together with their Declaration of Undertaking (Form available as
Appendix to the Application/Offer which shows that this conviction is
not relevant in the context of this Contract and that adequate
compliance measures have been taken in reaction;
2.3 have been subject within the past five years to a Contract termination fully
settled against them for significant or persistent failure to comply with their
contractual obligations during Contract performance, unless this
termination was challenged and the dispute resolution is still pending or
has not confirmed a full settlement against them;
2.4 have not fulfilled applicable fiscal obligations regarding payments of taxes
either in the country where they are constituted or the PEA’s country;
2.5 are subject to an exclusion decision of the World Bank or any other
multilateral development bank and are listed in the respective table with
debarred and cross-debarred firms and individual available on the World
Bank’s website or any other multilateral development bank unless they
Section V. Eligibility Criteria 120
provide supporting information together with their Declaration of

Undertaking which shows that this exclusion is not relevant in the context
of this Contract or
2.6 have given misrepresentation in documentation requested by the PEA as
part of the Tender Process of the relevant Contract.
3. State-owned entities may compete only if they can establish that they (i) are
legally and financially autonomous, and (ii) operate under commercial law. To
be eligible, a state-owned entity shall establish to KfW’s satisfaction, through all
relevant documents, including its charter and other information KfW may
request, that it: (i) is a legal entity separate from their state (ii) does not currently
receive substantial subsidies or budget support; (iii) operates like any
commercial enterprise, and, inter alia, is not obliged to pass on its surplus to
their state, can acquire rights and liabilities, borrow funds and be liable for
repayment of its debts, and can be declared bankrupt.
121 Section VI. KfW Policy – Sanctionable Practice - Social & Environmental Responsibility
Section VI. KfW Policy – Sanctionable Practice –

1. Sanctionable Practice
The PEA and the Contractors (including all members of a Joint Venture and
proposed or engaged Subcontractors) must observe the highest standard of ethics
during the Tender Process and performance of the Contract.
By signing the Declaration of Undertaking the Contractors declare that (i) they did
not and will not engage in any Sanctionable Practice likely to influence the Tender
Process and the corresponding Award of Contract to the PEA’s detriment, and that
(ii) in case of being awarded a Contract they will not engage in any Sanctionable
Practice.
Moreover, KfW requires to include in the Contracts a provision pursuant to which
Contractors must permit KfW and in case of financing by the European Union also
to European institutions having competence under European law to inspect the
respective accounts, records and documents relating to the Tender Process and
the performance of the Contract , and to have them audited by auditors appointed
by KfW.
KfW reserves the right to take any action it deems appropriate to check that these
ethics rules are observed and reserves, in particular, the rights to:
(a) reject an Offer for Award of Contract if during the Tender Process the Bidder
who is recommended for the Award of Contract has engaged in Sanctionable
Practice, directly or by means of an agent in view of being awarded the
Contract;
(b) declare misprocurement and exercise its rights on the ground of the Funding
Agreement with the PEA relating to suspension of disbursements, early
repayment and termination if, at any time, the PEA, Contractors or their legal
representatives or Subcontractors have engaged in Sanctionable Practice
during the Tender Process or performance of the Contract without the PEA
having taken appropriate action in due time satisfactory to KfW to remedy the
situation, including by failing to inform KfW at the time they knew of such
practices.
Section VI. KfW Policy – Sanctionable Practice – Social & Environmental Responsibility 122
KfW defines, for the purposes of this provision, the terms set forth below as follows:
Coercive Practice The impairing or harming, or threatening to impair or harm,

directly or indirectly, any person or the property of the person
with a view to influencing improperly the actions of a person.
Collusive Practice An arrangement between two or more persons designed to

achieve an improper purpose, including influencing
improperly the actions of another person.
Corrupt Practice The promising, offering, giving, making, insisting on,

receiving, accepting or soliciting, directly or indirectly, of any
illegal payment or undue advantage of any nature, to or by
any person, with the intention of influencing the actions of any
person or causing any person to refrain from any action.
Fraudulent Practice Any action or omission, including misrepresentation that

knowingly or recklessly misleads, or attempts to mislead, a
person to obtain a financial benefit or to avoid an obligation.
Obstructive Means (i) deliberately destroying, falsifying, altering or

Practice concealing evidence material to the investigation or the
making of false statements to investigators, in order to
materially impede an official investigation into allegations of a
Corrupt Practice, Fraudulent Practice, Coercive Practice or
Collusive Practice, or threatening, harassing or intimidating
any Person to prevent them from disclosing their knowledge
of matters relevant to the investigation or from pursuing the
investigation, or (ii) any act intended to materially impede the
exercise of KfW's access to contractually required information
in connection with an official investigation into allegations of a
Collusive Practice.
Sanctionable Any Coercive Practice, Collusive Practice, Corrupt Practice,

Practice Fraudulent Practice or Obstructive Practice (as such terms
are defined herein) which is unlawful under the Financing
Agreement.
2. Social and Environmental Responsibility

Projects financed in whole or partly in the framework of Financial Cooperation have
to ensure compliance with international Environmental, Social, Health and Safety
(ESHS) standards (including issues of sexual exploitation and abuse and gender
based violence) Contractors in KfW-financed projects shall consequently
undertake in the respective Contracts to:
(a) comply with and ensure that all their Subcontractors and major suppliers,
i.e. for major supply items comply with international environmental and
123 Section VI. KfW Policy – Sanctionable Practice - Social & Environmental Responsibility
labour standards, consistent with applicable law and regulations in the

country of implementation of the respective Contract and the fundamental
conventions of the International Labour Organisation17 (ILO) and
international environmental treaties and;
(b) implement any environmental and social risks mitigation measures, as
identified in the environmental and social impact assessment (ESIA) and
further detailed in the environmental and social management plan (ESMP)
as far as these measures are relevant to the Contract and implement
measures for the prevention of sexual exploitation and abuse and gender-
based violence.
discrimination.
124
PART 2 – EMPLOYER’S
REQUIREMENTS
125 Section VII. ESHS Requirements
Section VII. Employer’s Requirements
Refer to Section VII. Employer’s Requirements in separate file
Section VII. ESHS Requirements 126
c) Specifications for Environmental, Social, Health and

Safety Management (ESHS) of the Works
Throughout the ESHS Specifications, a reference to the Conditions of Contract (CC)

means a reference to both the General Conditions of Contract and the Particular
Conditions of Contract. Readers should apply due care, when referring to a specific
Clause or Sub-Clause, and:
(a) Read first the Clause or Sub-Clause text from the General Conditions of
Contract;
(b) Then check whether this text has been amended by the Particular Conditions of
Contract, and if so, to which extent.
As per CC Sub-Clause 1.5, when interpreting the Contract, the terms of the Particular
Conditions of Contract prevail over those found in the General Conditions of Contract.
Any term in these ESHS Specifications which is identical to a term in the Conditions of
Contract shall have the same meaning as the one defined in the Conditions of Contract.
Any term in capital letters in these ESHS Specifications is defined in CC Sub-Clause 1.1
– Definitions.
Table of Contents
A. Environmental, Social, Health and Safety Management ........ 129

1. Responsibilities and liabilities ...................................................... 129
2. ESHS Planning Documents ......................................................... 130
3. Management of Non-Conformities ............................................... 132
4. Resources allocated to ESHS management ............................... 133
5. Inspections .................................................................................. 135
6. Reporting ..................................................................................... 135
7. Code of Conduct.......................................................................... 136
8. ESHS Training ............................................................................. 137
9. Standards .................................................................................... 139
B. Protection of the Environment and People ............................. 139

10. Protection of adjacent areas ........................................................ 139
11. Selection of borrow areas, backfill material stockpile sites and access
road ............................................................................................. 141
12. Pollution prevention ..................................................................... 141
13. Effluents ...................................................................................... 142
14. Atmospheric emissions and dust ................................................. 143
15. Noise and vibration ...................................................................... 144
16. Waste .......................................................................................... 145
17. Vegetation clearing ...................................................................... 149
18. Biodiversity .................................................................................. 151
19. Erosion and sediment transport ................................................... 153
20. Site rehabilitation ......................................................................... 156
21. Documentation on site conditions ................................................ 157
C. Health and Safety ...................................................................... 158

22. Health and Safety Plan ................................................................ 158
23. Health and Safety Reporting ....................................................... 158
24. Accident reporting procedure ...................................................... 159
25. Health and Safety meetings ........................................................ 160
26. Security ....................................................................................... 160
27. Equipment and operating standards ............................................ 161
28. Work permit ................................................................................. 161
29. Personal protective equipment .................................................... 161
30. Dangerous substances ................................................................ 162
31. Planning for emergency situations............................................... 164
32. Medical check-ups ....................................................................... 165
33. First-aid ....................................................................................... 166
34. Medical Services and Personnel ................................................. 166
35. Health care .................................................................................. 166
36. Emergency medical evacuations ................................................. 166
37. Access to health care and training............................................... 167
38. Health monitoring ........................................................................ 167
39. Sanitary repatriation .................................................................... 168
40. Hygiene, accommodation and food ............................................. 168
41. Substance abuse ......................................................................... 170
D. Local labour and relations with local communities ...................... 170

42. Labour conditions ........................................................................ 170
43. Local recruitment ......................................................................... 171
44. Transport ..................................................................................... 173
45. Workers´acco-mmodation ........................................................... 173
46. Meals ........................................................................................... 174
47. Community Interaction ................................................................. 175
48. Damage to people and property .................................................. 175
49. Land acquisition and land take .................................................... 176
50. Traffic management..................................................................... 176
51. Fossils/ Archaeological Chance Finds ......................................... 178
Appendix 1 Example for the Contents of a PA-ESMP ............................ 179

Appendix 2 - Properties rendering a product dangerous ........................ 184
A. Environmental, Social, Health and Safety Management
1. Responsibilities and 1.1. In conjunction with his obligations defined under the
liabilities Contract, the Contractor will plan, execute and document
construction works pursuant to the present Environment,
Social, Health and Safety specifications (ESHS).
1.2. The Contractor is liable for all damages to the
environment and people caused by the execution of the
works or the methods used for execution, unless it is
established that the execution or methods were
necessary, according to the provisions of the Contract or
an Engineer’s instruction.
1.3. Under the Contract and as introduced by the present
ESHS requirements , the project area means:
a) The land where work will be carried out; or
b) The land necessary for the implantation of
construction facilities (work camp, workshops,
offices, storage areas, concrete production plants)
and including special access roads; or
c) Quarries for aggregates, rock material and riprap;
or
d) Borrow areas for sand and other selected material;
or
e) Stockpiling areas for backfill material or other
demolition rubble; or
f) Any other location, specifically designated in the
Contract as a Project Area.
The project area” encompasses any individual project
area or all project areas.
For the sake of clarity, Project area is a different concept
than Construction site under CC Sub-Clause 1.1.6.7.
Project area defines an area within which the Contractor
is to comply with environmental, social, health and safety
obligations defined in the ESIA and ESMP
Construction site is the places where the Permanent
Works are to be executed and to which Plant and
Materials are to be delivered, and where right of access
to, and possession of, is to be given by the Employer to
the Contractor. The Employer is under no similar
obligation for any area located outside the construction
site, even if within the project area, where access is at
Contractor’s risk.
In term of physical footprint, the CC Sub-Clause 1.1.6.7
Site is included in the project area. The project area is
then of greater geographical extent than the construction
site.
1.4. The ESHS Specifications refer to:

a) Protection of the natural environment (water, air,
soil, vegetation, biological diversity) in areas within
any Project Area and its surroundings, i.e. including
but not limited to access roads, quarries, borrow
areas, stockpiling of backfill material, camps or
storage areas;
b) Health and safety conditions to be maintained for
the Contractor’s personnel and any other person
present on the Project Areas, or along access
routes;
c) Working practices and the protection of people and
populations living near the Project Area, but
exposed to the general disturbance caused by
works.
1.5. Subcontractors
The Contractor shall ensure that all Subcontractors and
Suppliers (in particular those for major supply items) are
familiar with the ESHS requirements and guidelines valid
on Site and Project Area.
1.6. Applicable regulations
The Contractor must identify all applicable laws, permits
and regulations in relation to the protection of the
environment (water, air, soils, noise, vibration, vegetation,
fauna, flora, waste, groundwater) and, pursuant to
Clauses 4 and 6 of the CC, the protection of people (labor
law, indigenous populations, standards on occupational
exposure, other). The Contractor must list all texts,
standards and other regulatory limitations in its
Construction Environmental and Social Management
Plan (C-ESMP as specified in ESHS Specifications Sub-
Clause 2.1) and specify the means taken for compliance.
2. ESHS Planning 2.1. The Contractor prepares and ensures prior validation by
Documents the Engineer, implementation and regular update of the
C-ESMP, which includes Occupation Health and Safety
aspects (OHS).
2.2. The C-ESMP represents the unique reference sub plans
in which the Contractor defines in detail all organizational
and technical provisions implemented to satisfy the
obligations of the present ESHS Specifications.
2.3. The Contractor defines in the C-ESMP the number, the
locations and the type of Project Area as defined in ESHS
Specifications Sub-Clause 1.3. For each Project Area,
unless otherwise agreed by the Engineer, the Contractor
establishes site specific management strategies and
implementation and monitoring plans (Site-ESMP) to
manage and monitor Environmental, Social, Health and
Safety (ESHS) risks, depending on the type, scope and
risks of the project and as assessed in the project´s

Environmental and Social Impact Assessment (ESIA).
These sub-plans shall be included in the C-ESMP as far
as a applicable and include:
• e.g. Environmental Health and Safety Plan
• e.g. Traffic Management Plan (to ensure safety of
local communities from construction traffic)
• e.g. Water Resource Protection Plan (to prevent
contamination of drinking water)
• e.g. Boundary Marking and Protection Strategy
(for mobilization and construction to prevent offsite
adverse impacts)
• e.g. Biodiversity Action Plan
• e.g.
• e.g. Site Emergency Plan
• e.g. Accommodation Plan
• e.g. Waste Management Plan
• e.g. Hazardous Materials Management Plan
• e.g. Specific mitigation plan for endangered
species in the wider area
• e.g. Fire fighting plan
• e.g. Community Interaction plan
• Code of conduct
• Grievance Redressal Mechanism ( for workers
and community)
• Incident reporting
2.4. The C-ESMP (and the sub-plans) are structured
according to the plan specified in Appendix 1 of the
present ESHS Specifications.
2.5. C-ESMP covers the entire period from the Contract
Agreement signature date to the date of issue of the
Performance Certificate by the Engineer.
2.6. Unless agreed otherwise by the Engineer, the C-ESMP is
written in the language of communication defined under
Sub-Clause 1.4 of the CC.
2.7. The first draft version of the C-ESMP is to be provided by
the Contractor to the Engineer within 28 days from the
date of execution of the Contract Agreement.
2.8. The Contractor shall proceed in accordance with the
programme, subject to the Engineer’s approval of the C-
ESMP. The Employer’s Personnel shall be entitled to rely
upon the programme when planning their activities.
2.9. No physical work or activity shall commence on any

Project Area until such time when the C-ESMP with
associated sub- plans, corresponding to the Project Area,
are approved by the Engineer.
2.10. During the execution of the works, whenever instructed by
the Engineer, the C-ESMP will be updated by the
Contractor and reissued to the Engineer. The revised
version shall highlight the new elements incorporated in
the document. Such approval shall only be withheld if the
C-ESMP shows substantial deficits.
2.11. Related to the C-ESMP, the Contractor will be responsible
for:
a) communicating the contents of the ESMPs to their
Subcontractors and Suppliers (in particular those for
major supply items) and workers and training them
to ensure that they understand their respective
responsibilities
b) ensuring that adequate resources are mobilized to
implement the specific Plans, including input from
any specialist resources necessary to ensure
effective planning and implementation of measures
c) ensuring that the procedures established in the C-
ESMPs are complied with by their workers and
Suppliers (in particular those for major supply items)
d) implementing effective monitoring measures listed
in the C-ESMP to ensure that the effectiveness of
the activities are assessed and any issues are
promptly detected and addressed
e) ensuring that lessons are learned and corrective
actions are taken
f) keeping the Engineer fully informed of any Project
Area ESHS issues.
3. Management of 3.1. In application of Clause 5, non-conformities detected
Non-Conformities during inspections carried out by the Engineer are subject
to a process adapted to the severity of the situation. The
non-conformities will be defined as deviations from the
requirements of the applicable regulations, the present
ESHS Specifications, the ESMP, and the C - ESMP. Non-
conformities are divided into 4 categories as follows:
a) Notification of observation of minor non-
conformities. The non-conformity results in a
notification to the Contractor’s Representative,
followed-up by a signed notification of observation
prepared by the Engineer. The multiplication of
notifications of observation at the Project Area, or
absence of corrective actions by the Contractor,
can result in the severity of the non-conformity
being raised to that of level 1.
b) Level 1 non-conformity: Non-conformities that do

not represent a serious immediate risk for health,
environment, social or safety. The non-conformity
is the subject of a report addressed to the
Contractor and which shall be resolved within five
(5) days. The Contractor addresses to the Engineer
a report explaining how the non-conformity has
been corrected. Further to an inspection and a
favourable evaluation of effectiveness of the
corrective action, the Engineer signs a close-out
report for the non-conformity. In all cases where a
non-conformity of level 1 is not resolved within one
(1) month, the severity of the non-conformity is
raised to level 2.
c) Level 2 non-conformities: applies to all
non-conformities that represent a risk with major
consequences to health and/or the environment,
social or safety. The same procedure as for level 1
non-conformities is applied. Corrective action shall
be taken by the Contractor within three (3) days.
The Contractor addresses a report explaining the
corrective actions implemented. All level 2
non-conformities, which are not resolved within one
(1) month, are raised to level 3.
d) Level 3 non-conformities: applies to all
non-conformities that have resulted in damage to
health or the environment, or which represent a
high safety hazard or high social risk. The highest
levels of the Contractor’s and Engineer’s
hierarchies present in the Employer’s country are
informed immediately and the Contractor has
twenty-four (24) hours to bring the situation under
control. Pursuant to Clause 14.6 of the Particular
Conditions of Contract (PC), a level 3
non-conformity results in the staged reduction of
interim payments until the non-conformity has been
resolved. Following the resolution of the Level 3
non-conformity the reduction(s) will be included in
the next Interim Payment Certificate for payment.
No interest will be paid on any reductions or
suspended payment amounts. If the situation
requires, and in pursuance to Clause 8.8 of the PC,
the Engineer can order the suspension of work until
the resolution of the non-conformity.
4. Resources allocated 4.1. ESHS supervisors and managers
to ESHS
management a) Pursuant to Sub-Section Specifications (c)
Personnel Requirements, Sub-Clause 4.18 of the
CC and in addition to the provisions of Sub-Clause
6.7 of the CC, the Contractor appoints at one or
several competent Environment, Social, Health and
Safety manager in charge of implementing the
b) The appointment of the ESHS Manager shall

include specific instruction to enforce regulations
and delegated authority to take any action,
measure or to issue instructions regarding their
enforcement. All staff and labor within the Project
Area shall be made aware of the name and
authority of the ESHS managers and supervisors.
c) The ESHS manager holds the power within the
Contractor’s organisation to suspend the works if
considered necessary in the event of severe non-
conformities, and allocate all resources, personnel
and equipment required to take any corrective
action considered necessary. The ESHS Manager
speaks fluently the language of communication of
the Contract, and the official language of the
Employer’s country, if the language of
communication of the Contract is not the official
language.
d) If so required in accordance with Sub-Section
Specifications (c) Personnel Requirements, ESHS
supervisors represent the ESHS Manager within
work teams. Their role is to ensure that the works
are carried out pursuant to the present ESHS
Specifications and notify the ESHS Manager of any
detected non-conformities.
4.2. Personnel in charge of relations with external
stakeholders
a) If so required in accordance with Sub-Section
Specifications (c) Personnel Requirements, the
Contractor appoints an External Stakeholders
Relations Manager responsible for relations local
communities, administrative authorities, and
representatives of economic activities located
within one hour travel from the Project Area. In
smaller projects, the person responsible for
relations with external stakeholders can also be the
ESHS Manager appointed under Sub-Clause 4.1.a)
of the ESHS Specifications, providing that the latter
speaks the local population language fluently.
b) If so required in accordance with Sub-Section
Specifications (c) Personnel Requirements, the
Contractor shall appoint several subject specific
Community Liaison Officers.
c) Personnel in charge of relations with external
stakeholders will be based on or near the Project
Area on a permanent basis.
d) Administrations and local authorities will be
informed of the existence of this person as of the
start of works and will be provided with telephone
contact details so as to be able to contact this
person if a problem arises during the execution of

works, or concerning the behavior of the
Contractor’s Personnel, inside or outside the
Project Area.
4.3. The team, including the ESHS supervisors and manager,
and the person in charge of relations with external
stakeholders, will be equipped with the necessary
resources to operate independently and get to all location
of the Project Area without delay. Commensurate with the
size and location of the project, this may include:
a) A 4WD vehicle (unless otherwise instructed by the
Engineer) and the necessary operating budget;
b) A complete IT workstation: computer, printer,
Internet access;
c) Field equipment: GPS, digital camera;
d) One communication equipment per person adapted
to the context (mobile phone, satellite phone, or,
should coverage not be adequate, a long-range
two-way radio).
e) Lists of equipment will be maintained on site for
inspection by Employer.
5. Inspections 5.1. The ESHS Manager will carry out an ESHS inspection of
the facilities and Project Area on a weekly basis. A written
report of reasonable length will be drafted for each weekly
inspection, in a format approved by the Engineer,
addressing non-conformities detected on the Project Area
as specified in the present ESHS Specifications.
5.2. Any non-conformity shall be immediately addressed by
corrective actions, which will be mentioned in the reports
to the Engineer.
5.3. Each non-conformity will be documented by a digital
photograph with captions to provide a visual illustration,
explicitly indicating the location, date of inspection and the
non-conformity in question.
6. Reporting 6.1. The Contractor includes a summary of ESHS activities
implemented in relation to the execution of the works
during the reporting period in the monthly Progress Report
(as specified in Sub-Clause 4.21 of the CC) to the
Engineer. The Contractor shall report on compliance with
applicable laws, permits and regulations and the project
related ESHS requirements. E.G. key issues shall
include: monitoring results, covering amongst other
issues, safety issues, incidents/accidents, need for
corrective measures, conflicts amongst construction
workforce or with local residents, grievances of workforce
or stakeholders, any other details related to the social and
environmental management and performance. Issues
related to Subcontractors and Suppliers (in particular
those for major supply items) shall also be included.
6.2. The ESHS progress report is written exclusively in the

language of communication defined under Sub-Clause
1.4 of the CC.
6.3. Specific reporting requirements related to Health and
Safety are detailed in the respective section (e.g. Health
and Safety, accident reporting)
7. Code of Conduct 7.1. A Code of Conduct is established by the Contractor for
the Project Areas, addressing the following: safety rules,
zero tolerance for substance abuse (as defined in Clause
41 of these ESHS specifications), environmental
sensitivity of areas around the project areas, the dangers
of STDs and HIV/AIDS, gender issues (in particular
sexual harassment) and respect for the beliefs and
customs of the populations and community relations in
general (drawing special attention to the risks of
prostitution and human trafficking).
7.2. The rules are clearly displayed at the different project
areas and posted in the Contractor’s vehicles and
machinery driving cabs.
7.3. The rules confirm the Contractor’s commitment to
implementing the ESHS provisions provided for in the
Contract.
7.4. New Contractor's Personnel and existing Contractor's
Personnel are made aware and acknowledge their
understanding of the rules of procedure and the
associated provisions. Rules of procedure document are
initialed by all Contractors' Personnel prior to the start of
any physical work at any project area.
7.5. Pursuant to Sub-Clauses 6.9 and 6.11 of the CC, the rules
of procedure include a list of acts considered as serious
misconduct and which must result in dismissal from any
project area by the Contractor, or by the Engineer if the
Contractor is not acting in due course, should a
Contractor's Personnel repeatedly commit an offence of
serious misconduct despite awareness of the rules of
procedure, and this is without prejudice to any legal action
by any public authority for non-compliance with applicable
regulations:
a) Drunkenness during working hours, leading to risks
for the safety of local inhabitants, customers, users
and personnel;
b) Punishable statements or attitudes, and sexual
harassment in particular;
c) Violent behavior;
d) Intentional damage to the assets and interests of
others, or the environment;
e) Repeated negligence or imprudence leading to
damage or prejudice to the environment, the
population or properties, particularly breaching

provisions intended to prevent the spreading of STD
and AIDS;
f) Drug use;
g) Possession and/or consumption of meat or any
other part of an endangered animal or plant as
defined in the Washington convention (CITES) and
national regulations.
h) Entering property of neighboring people without
permission of the landowners or those
cultivating/renting the land.
7.6. Serious misconduct, such as organization of sex trade
(pimping), committing pedophilia, physical aggression,
drug trafficking, deliberate and severe pollution, trading
and/or trafficking in all or part of protected species, shall
lead to immediate dismissal as of the first report of
misconduct is detected, in application of the rules of
procedure and labour laws.
7.7. The Contractor establishes a record for each case of
serious misconduct, and a copy will be provided to the
Contractor's Personnel in question, indicating all action
taken to terminate the misconduct by the Contractor's
Personnel in question and to bring the attention of other
Contractor's Personnel to the type of incident detected.
This record will be provided to the Engineer as an
attachment to the ESHS progress report (see ESHS
Specifications Sub-Clause 6.1.).
7.8. The Contractor shall without delay inform the Engineer
who in case of serious misconduct shall immediately
inform the Employer.
8. ESHS Training 8.1. The Contractor prepares a training programme adequate
for the works to be performed within the project areas and
the personnel engaged in the works.
8.2. The Contractor ensures that Employees with direct
responsibility for activities relevant to the Project’s ESHS
performance are adequately qualified and trained so that
they have the knowledge and skills necessary to perform
their work.
8.3. Training sessions are two-fold: introductory sessions for
starting work at the project area, and technical training as
required in relation to the execution of the works.
8.3.1. Starting work sessions are organised for each
Contractor's Personnel and shall cover as a
minimum:
a) Rules of procedure;
b) Safety rules on Project Areas;
c) Protection of areas adjacent to project area;
d) Risks relating to sexually transmitted

diseases (Sub-Clause 6.7 of the CC),
prostitution, human trafficking, and sexual
harassment;
e) Basic health: combating malaria (if
prevalent) and waterborne diseases,
improving hygiene;
f) HIV/AIDS sensitization training,
g) Gender sensitization;
h) Emergency response procedures or
evacuation;
i) Community relations training for workers
interacting with local communities;
j) Communication of the contents of the
Employment, Training and Worksite
Management Plans to workers and all
Subcontractors and Suppliers (in particular
those for major supply items) and training
them to ensure they understand their
responsibilities with respect to employment,
training and worksite management, incident
reporting and response.
k) Health and Safety awareness training
l) The Contractor shall be responsible for
informing all workers of the Worker
Grievance Mechanism at the time of hiring
8.4. The Contractor shall ensure that adequate resources are
mobilised for these trainings, including input from any
specialist resources necessary to ensure effective
planning and implementation of measures and that
trainings are delivered in a timely manner.
8.5. Technical training:
a) Training in the skills needed for tasks requiring a
work permit (see ESHS Specifications Clause 27)
b) Training in first aid and transporting the injured
c) If applicable: appropriate driving skills
d) If applicable: the Contractor establishes and
implements a transparent and binding Local
Workforce and Supplier Training plan to enhance
the capabilities of local people and companies, with
a view to increasing local content
e) a matrix of training requirements showing the
training frequency and interval between refresher
courses and covering:
8.6. The Contractor details in the training programme the

actions and ESHS training for all Subcontractors and
Suppliers (in particular those for major supply items) or
personnel of a joint venture when applicable.
8.7. The Contractor prepares an awareness program for local
communities on the risks of prostitution, human trafficking
and other forms of illegal trafficking.
8.8. The Contractor shall develop means of confirming that the
training system is effective.
9. Standards 9.1. The Contractor complies with all applicable norms,
standards and discharge limit values defined in the
national regulations of the Employer’s country regulations
and pursuant to Sub-Clause 1.6 of the present ESHS
Specifications.
9.2. The Contractor complies with norms, standards and
discharge limit values recommended by the specialised
international organisations affiliated to the United Nations,
as described in ESHS Specifications 9.3 below. In the
event of discrepancies in between international standards
and national regulations, the Contractor shall comply with
the most stringent requirements.
9.3. The specialised international organisations affiliated to
the United Nations referred to in ESHS Specifications
Sub-Clause 9.2 include:
a) World Bank, including the IFC and its
Environmental, Health and Safety guidelines
available from http://www.ifc.org/ehsguidelines;
For matters not addressed in the above mentioned IFC
document, the most stringent of the norms, standards and
discharge limit values of the following institutions shall
apply:
a) World Health Organization (WHO);
b) International Labour Organization (ILO) in particular
in pursuance to Clauses 6.20, 6.21, 6.23 and 6.24
of the PC (Part B);
c) International Maritime Organization (IMO).
B. Protection of the Environment and People
10. Protection of 10.1. The Contractor shall be responsible for any foreseeable
adjacent areas adverse environmental and social impacts arising from its
activities and operations and for putting in place any
necessary measures to avoid or if not possible mitigate
them.
10.2. Pursuant to Sub-Clause 4.18 of the CC, and unless
instructed otherwise by the Engineer, the Contractor uses
construction methods and means of protection in order to

avoid or minimize adverse effects that are incurred on
vegetation, soils, groundwater and surface water,
biodiversity, natural drainage and the water quality in
areas within any Project Area and its surroundings for the
entire duration of the works.
10.3. Prior to the start of Project activities, the Contractor will
stake out the alignments, boundaries and limits of Project
sites in accordance with plan(s) agreed upon in advance
with the Engineer. Contractor will establish the working
strip to restrict the area of impacts to within the working
corridor and limit personnel and vehicle movements to
only within working areas.
10.4. All Project work activities will stay within the staked out
alignments and boundaries, and outside the designated
ecologically and archaeologically sensitive areas unless
specifically authorised by the Employer as part of the
Project.
10.5. Prior to construction, the Contractor shall place signs with
environmental protection information in areas identified as
environmentally sensitive, and other areas where
sensitive flora and fauna species are situated immediately
adjacent to construction areas and that may be
inadvertently disturbed or damaged during construction.
Sensitive areas may include, but are not limited to, nest
sites, plant and wildlife species of high conservation value,
site-specific habitat features to be protected.
10.6. Wetland areas include marshes, fens, mires or natural or
artificial bodies of water, whether permanent or temporary,
where water is stagnant or flowing, fresh, saline or briny,
including seawater with a low-tide depth of six metres or
less. Filling of all or part of a wetland area is not permitted,
unless the works are necessary according to the
provisions of the Contract or the instructions of the
Engineer.
10.7. With the exception of access roads, or unless instructed
otherwise by the Engineer, the entire perimeter of land
sites with a surface area of less than 2 hectares is
physically demarcated with a fence or tape. For Project
Area with a surface area of more than 2 hectares, the
perimeter will be physically demarcated by a perimeter
track, road, signs or any other means leaving no possible
ambiguity as to the location of the Project Area perimeter.
10.8. Unless otherwise specified, the perimeter of the Project
Area is at a distance of at least:
a) 50 m from any permanent water course and outside
of floodable areas;
b) 300 m from sensitive urban services and buildings
(health centre, school, water supply for
populations);
c) 200 m from any housing; and

d) 300 m from housing in the specific case of work
requiring the use of explosives.
10.9. The Contractor shall perform a topographic survey of all
additional areas and facilities, including ground elevations
in order to reinstate the land after termination of the works;
this includes recording all perimeter GPS coordinates; and
ensuring that the entire area proposed for land take or
temporary usage is included in the survey and recorded
via photographs. Access roads shall be identified as new,
upgraded or existing. All data, including GPS coordinates,
shall be provided electronically to the Engineer.
10.10.
11. Selection of borrow 11.1. The Contractor will submit to the Engineer for prior
areas, backfill approval, including but not limited to (i) the location of
material stockpile proposed borrow areas or areas to be excavated, or (ii)
sites and access proposed backfill material stockpile locations or zones
road designated for the rubble from demolition works;
maintenance facilities, storage areas, batch plants, etc.
11.2. This requirement also applies to the side casting during
the construction of linear infrastructure (roads, pipelines,
transport routes) and which are included in the category
of stockpiling of waste material.
11.3. The opening or rehabilitation of all access routes between
Project Areas will be shown on a map and approved by
the Engineer prior to the start of the corresponding works.
12. Pollution prevention 12.1. The Contractor shall take the necessary measures to
ensure that pollution to air, water or land is prevented or,
where this is not possible, reduced and mitigated as far as
practicable during the construction phase. If required in
the C-ESMP the Contractor will develop a pollution
prevention Plan for managing e.g. atmospheric emissions
and dust, e.g. noise and vibrations, e.g. waste (specified
in ESHS Specifications 13, 14 and 15 below):
a) liquid effluents (see Clause 15 of these ESHS
specifications)
b) air emissions
c) noise and vibration management
d) vehicle and equipment maintenance and selection
e) fuel, oil and chemical storage and handling.
12.2. Environmental and/or occupational health and safety
regulators will be notified and informed as required by
applicable laws about any Environmental pollution. The
Contractor shall ensure that all appropriate environmental
protection measures are adopted during the clean-up
process after termination of works and that clean-up
activities are appropriately documented
13. Effluents 13.1. Effluents consist of liquid discharges, including infiltration,

from Project Area, transporting a pollutant (dissolved,
colloidal or particles).
13.2. A pollutant is a given chemical compound that is at a
concentration greater than the limit value established for
that compound according to the Clause 9 of the present
ESHS Specifications.
13.3. If no recognized threshold exists for a chemical
compound pursuant to ESHS Specifications Sub-Clause
12.2, the Contractor provides proof that the
concentrations of the chemical in effluents released
(discharged) to the environment are harmless to it and
human beings.
13.4. No effluent is discharged by the Contractor neither into
water courses or bodies including marine environment
nor to ground surface or infiltrated into subsoils, without
prior treatment and without monitoring quality of the
treatment’s performance to guarantee the absence of
pollution in the effluent. Effluent discharge and flow rates
into natural water bodies will be managed to control
erosion/sediment freight.
13.5. The Contractor is responsible for carrying out or
contracting the monitoring of the effluent quality pursuant
to Sub-Clause 12.4 of the present ESHS Specifications
by in situ measurements, and sampling and laboratory
analysis. In the first case, the Contractor provides the
ESHS manager with the resources, equipment and skills
to carry out in-situ monitoring and laboratory analysis of
the performance indicators. In the second case, the
Contractor establishes a contract with a specialised
laboratory, accredited with the Employer’s country
authorities for this activity.
13.6. The physical and chemical parameters of an effluent that
require quantity and quality monitoring are those listed in
the Employer’s country environmental regulations or in
additional international standards or guidelines, or if these
do not exist, the parameters are based on the
recommendations of specialised international
organisations pursuant to Clause 9 of the present ESHS
Specifications. The list of monitoring parameters requires
approval from the Engineer.
13.7. The Contractor will list, locate, and characterise (flow,
expected quality, discharge frequency) all sources of
effluents and outlets to the natural environment in the Site
Environment Management Plan(s).
13.8. The Contractor will submit to the Engineer an Effluent
Quality Monitoring Report on a monthly basis, including
documentation for the following for each effluent
discharge point: (i) average flow rates of discharged
effluents, (ii) discharge frequencies and durations over
the month, and (iii) the physical and chemical quality of

the effluent discharged, for the conformity with
parameters listed in ESHS Specifications Sub-Clause
12.1above.
13.9. Wastewater run-off
13.9.1. The Contractor will take appropriate measures to
ensure that discharges of process wastewater,
sanitary wastewater, wastewater from utility
operations or stormwater to surface water will not
result in contaminant concentrations in excess of
local ambient water quality criteria or, in the
absence of local criteria, other sources of
ambient water quality.
13.10. Rainwater run-off
13.10.1. Run-off consists of the rainwater flow on the
surface or the soil and other technical surfaces
at Project Areas.
13.10.2. In the context of the Contract, surface run-off is
considered as an effluent unless demonstrated
otherwise, as documented and substantiated
by the Contractor, and approved by the
Engineer.
13.10.3. All platforms where generators, hydrocarbon
storage tanks and refueling stations are
installed have impervious and chemical
resistant surfaces are drained separately and
equipped with an oil removal treatment (oil-
water-separator) to prevent pollution pursuant
to ESHS Specifications Sub-Clause 12.4
above. For concrete batching plants, run-off will
be drained to settling basin, where the pH will
be buffered.
13.11. Contractors shall prohibit its workers and its
subcontractors from bathing or washing clothes and
vehicles/equipment in rivers or watercourses.
14. Atmospheric 14.1. Emissions refer to any discharge into the air of solid
emissions and dust substances, aerosols, gases, radiation, or energy,
whether point sources (e.g. incineration stack) or diffuse
(e.g. fugitive dust emissions from road use by trucks).
14.2. The Contractor will use equipment and adopt
construction and transport methods with atmospheric
emissions, which are not in excess of the threshold
emission values recommended by the Employer’s
country standards, or the organisations mentioned in
Clause 9.
14.3. Once having received the agreement from the Engineer,
the Contractor will document the maintenance records
for its fleet of vehicles, machinery and equipment. The
records will be in the language of communication defined
under CC Sub-Clause 1.4, or any other language

approved by the Engineer, and will be at the disposal of
the Engineer.
14.4. The fleet of vehicles or equipment emitting combustion
gases will be maintained at the intervals and according
to the methods specified by the manufacturer.
14.5. The Contractor shall exercise care to minimize
emissions of dust from its activities, including traffic, at
work sites, in residential areas and on access roads.
Where it is deemed that dust is impacting or may have
an impact on human, plant or animal receptors or where
dust may cause sedimentation of watercourses/water
bodies or unacceptable levels of soil loss, the Contractor
shall apply water to the area creating the dust and
consider implementing other dust control measures such
as using windbreaks, netting screens or semi-permeable
fences; controlling vehicle speeds to reduce traffic-
induced dust dispersion and resuspension by setting and
enforcing speed limits (Contractor vehicle speed limits
are specified in ESHS Specifications Sub-Clause 50.10).
14.6. This shall include: posting speed limit signs in sensitive
areas; ensuring trucks hauling sand, dirt or other loose
materials are covered (sheeting trucks); suspending
topsoil stripping and replacement during strong winds;
using a dust collection system for bulk materials
unloading; wet suppression (as needed, depending on
the soil type) in the dry season, where unpaved roads
and/or the working strip is located <200 m from
settlements taking appropriate abatement measures.
14.7. The Contractor describes in the C-ESMP the road
sections designated for the application of dust
suppression agents and the methods and frequencies
programmed. The Contractor will implement the
measures approved by the Engineer.
14.7.1. Where applicable, visual inspections of
atmospheric emissions shall be conducted,
especially dust and emissions from vehicles
and machinery as agreed with the Engineer.
The inspections shall identify areas where the
implementation of dust reduction measures is
required,
14.7.2. When storage, transport and handling of bulk
materials is made in the open air and exposed
to the wind, the Contractor implements the
necessary dust abatement measures.
15. Noise and vibration 15.1. The Contractor uses equipment and adopts construction
and transport methods so not to generate noise levels in
excess of values recommended by the Employer’s
country regulations and organisations mentioned in
Clause 9.
15.2. The Contractor will plan high noise generating works (e.g.
pile driving, blasting, rock clearing, drilling, percussion
drilling) in line with national regulations and respect
maximum ambient noise-levels and night time rest hours
at the nearest receptor area. A receptor is defined as an
area used for nocturnal socioeconomic activities (e.g.
accommodation camps, residential areas, hotels, health
centres).
15.3. The Contractor shall locate stationary equipment (such as
power generators and compressors) as far as possible
from nearby receptors (e.g. worker resting areas,
populated areas and environmentally sensitive areas).
Equipment known to emit noise strongly in one direction,
whenever possible, will be orientated so that the noise is
directed away from sensitive receptors
15.4. The use of heavy vehicles at night is specified in ESHS
Specifications Sub-Clause 50.9.
15.5. Standard noise abatement equipment shall be fitted to
equipment by the Contractor, used and maintained in
accordance with manufacturers’ instructions.
16. Waste 16.1. The Contractor is responsible for identifying, collecting,
transporting and treating all waste produced on the
Project Areas.
16.2. The Contractor shall minimize the generation of waste
and reuse, recycle and recover waste in a manner that is
safe for human health and the environment.
16.3. The Contractor shall establish a Waste Management Plan
which details a concept to manage non-hazardous and
hazardous waste in line with the local legislations and
adapted to the level of danger for human health or the
natural environment. In absence of adequate legislation,
waste shall be managed according to the guidance
provided in the respective sections of the General World
Bank Group EHS Guidelines with the objective of
protecting soil and water resources. The Waste
Management Plan shall include provisions for the training
of workers.
16.4. Waste register and categorization:
16.4.1. The Contractor establishes and maintains a waste
register, which is at the disposal of the Engineer.
This register will record all waste management
operations: production, collection, transport,
treatment. It will be available as of the Contractors
mobilisation to any Project Area. Waste shall be
categorized according to the following definitions:
a) Non-hazardous solid waste generated at
construction and decommissioning sites
includes excess fill materials from grading and
excavation activities, scrap wood and metals,
and small concrete spills. Other non-hazardous

solid wastes include office, kitchen, and
dormitory wastes when these types of
operations are part of construction project
activities.
b) Hazardous solid waste includes contaminated
soils, which could potentially be encountered
on-site due to previous land use activities, or
small amounts of machinery maintenance
materials, such as oily rags, used oil filters, and
used oil, as well as spill cleanup materials from
oil and fuel spills.
c) Hazardous liquid waste includes effluents and
waste material containing "free liquids" (e.g.
used cutting oil or wastewater mixed with oil
after cleaning machinery).
16.5. The following aspects are documented in this register:
a) Type of waste, using the nomenclature specified in
Sub-Clause 16.3.1 above;
b) Waste quantities;
c) Name and address of the third party waste
management facilities receiving waste or parties
taking possession of the substances no longer
considered as waste;
d) Name and address of waste transport Contractors;
e) Planned waste treatment.
16.6. In accordance with national regulations, the Contractor
files and maintains at the disposition of the Engineer the
waste manifests for the collection, transport, treatment
and/or elimination of waste.
16.7. The Contractor assesses, document and effectively
implements any local recycling or re-use options for its
waste.
16.8. Waste is stored separately prior to removal from the
Project Areas, depending on the level of danger, phase
(liquid, solid or gas), the waste management solution to be
applied and its potential in terms of recycling or reuse.
16.9. Waste is collected from each Project Area at the same rate
that it is produced and is placed in temporary locations
meeting the following criteria:
It shall be located at a distance of over 100 m from any
natural sensitive area and over 500 m from any
socioeconomic sensitive area (school, market, healthcare
centre, water well or catchment area), with the exception
of waste storage area in camps; and on a flat impervious
surface to prevent infiltrations.
16.10. Unless otherwise specified in the Contract or instructed by

the Engineer, waste incineration is prohibited on Project
Areas. Two exceptions are medical waste and green
waste, which unless instructed to the contrary by the
Engineer, are managed pursuant to Clause 16.3 of the
16.11. The use of third party waste management services is
subject to a documented prior audit of the treatment,
storage and recycling facilities by the Contractor, to
guarantee the conformity with the provisions of the
present ESHS Specifications on waste.
16.12. Pursuant to Sub-Clause 1.5 of the present ESHS
Specifications, the provisions applicable to the Contractor
regarding waste management also apply to any third party
waste management Subcontractor. The Engineer
reserves its right to inspect third party waste management
facilities and prohibit the Contractor from using the
facilities if considered unacceptable.
16.13. Non-hazardous waste management
16.13.1. The management of non-hazardous waste
shall comply with the following conditions:
i. The Employer will communicate
information to the Contractor about the
location of and distance to the nearest
landfill area and the disposal conditions.
ii. If no landfill area exists nearby, the
Employer will communicate to the
Contractor where the Contractor shall
establish a temporary landfill area. The
Employer is responsible for obtaining
the respective permits.
16.14. Hazardous waste management
16.14.1. The Contractor shall develop a Hazardous
Materials Management Plan for those
hazardous materials the Contractor is directly
responsible for, and detailed procedures for
working with chemical products and hazardous
materials and handling hazardous waste.
16.14.2. Hazardous materials are those that pose a
potential risk to human health or the
environment and include cleaning chemicals,
solvents and fuels.
16.14.3. Fuel and hazardous chemicals/materials shall
be stored in designated areas, pursuant to Sub-
Clause 26.8 of the present ESHS
Specifications, except for quantities generated
or required for the daily construction activities.
Fuel, oil or hazardous materials required to be
temporarily stored onsite shall be stored within
secondary containment located greater than

100m from a watercourse or water body.
16.14.4. Fuel and hazardous chemical storage areas
shall not be allowed within 30m of a minor
watercourse, within 100m of a major
watercourse, within a floodplain or where there
is the potential for spilled fuel to enter
groundwater.
16.14.5. All fuel and hazardous chemical storage
facilities shall be located on flat or gently
sloping ground and shall be contained within a
bund designed to contain at least 110% of the
total capacity of the storage containers plus
10% of the aggregate tank volume within the
containment area or as otherwise specified by
regulatory requirements. The bund walls and
floor shall be constructed of concrete or other
suitably impermeable material. The filling
connection must be within the bund. No drain
valves or other connections through the bund
walls shall be permitted. Tanks shall be fitted
with a gauge to allow the fill level to be
monitored during refilling and preferably with a
high-level alarm.
16.14.6. When the Contractor´s hazardous waste
management is conducted by third parties, they
must be reputable and accredited in the
Employer’s country for this activity.
16.15. If applicable and in the absence of an existing waste
management solution for hazardous waste, the Contractor
takes the following action:
16.15.1. Medical waste is incinerated in a specific facility
constructed and accredited for this purpose.
The Contractor will submit the technical
specifications of the facility to the Engineer
before importing or procuring the equipment.
16.15.2. Hydrocarbons, lubricants, paints, solvents and
batteries are transported in drums to suitable
waste management facilities available, if
available.
16.15.3. If not otherwise instructed by the Engineer,
contaminated soils from
construction/demolition and drilling muds shall
be treated, stabilized and disposed of to landfill.
Prior approval is required from the Engineer
regarding the method and site location. The
Employer obtains authorization from the
competent local authorities prior to any
disposal to landfill.
16.15.4. Prior approval from the Engineer is required

before implementing waste management
solutions on any other hazardous waste.
16.15.5. Prior to the issue of the Taking Over Certificate
for the Works, the Contractor provides
documentation on hazardous waste, produced
by the Contractor´s works, landfilled at other
sites than accredited third party waste
management facilities. The documentation
includes a plan showing the location of landfill
sites. The document is provided to the
competent local authorities whose jurisdiction
covers the landfill sites.
17. Vegetation clearing 17.1. The works, including the opening up of the right of way
and other worksites (e.g. camps, access roads, storage
yards) may require vegetation clearance in work areas.
Vegetation includes crops, trees, shrubs, bushes,
grasses and other minor vegetation. Supervisors shall be
trained in the controlled felling of trees to prevent impacts
beyond worksites. They shall also be trained on the
importance of identification and preservation of wild fauna
encountered and disturbed during the stripping operation.
17.2. The Contractor describes in the C-ESMP the planned
methods and schedule for vegetation clearing. Specific
agreement from the Engineer is obtained prior to any
clearing works.
17.3. Vegetation clearing using chemicals is not
permitted.Vegetation clearing using bulldozer is not
permitted in zones less than 30 m from areas designated
as sensitive by the Engineer, where only manual clearing
is authorised.
17.3.2. Where it is not possible to restrict the timing
of construction practices, vegetation shall be
removed outside the breeding period so that
works can carry on into this period
unhindered.
17.3.3. The felling of trees shall be avoided where
possible. Felled trees may be used for
building gabions if required for land
stabilization. Vegetative material (slash) is
not to be used for construction purposes and
shall be stockpiled at the edge of worksites.
Areas of gathered plant material shall be
separated to prevent flames spreading in the
event of a fire.
17.3.4. Unless otherwise specified in the Contract or
if otherwise instructed by the Engineer,
burning vegetation is not permitted. Green
waste can be burnt with prior approval from
the Engineer regarding the location, method

and schedule.
17.3.5. The collection of wild plants is prohibited.
17.3.6. Lighting fires in work areas is prohibited
unless specifically authorised by the
Employer.
17.3.7. It is prohibited to introduce foreign/non-
adapted vegetation to the worksites.
17.3.8. Removed vegetation will be placed far from
surface water. Large woody debris will be
stored along the outside edge of worksites in
clear areas. Small twigs, branches and pieces
of vegetation shall be used for composting
along with biodegradable waste generated in
the camp and work areas.
17.3.9. Clearing of vegetation shall be limited to that
which is strictly necessary.
17.3.10. Where possible, cutting of vegetation on
steep hillsides will be minimal.
17.4. Areas cleared prior to undertaking earthworks are shown
on a plan with a minimum scale of 1/10,000. Plans are
submitted to the Engineer, for validation prior to starting
clearing works.
17.5. The Contractor undertakes physical demarcation of zones
to be cleared using a method approved by the Engineer.
17.6. The characteristics (location, species, diameter at chest
height) of trees not to be cut down are defined by the
Engineer in coordination with the Employer. Such trees
are marked with paint and protected against clearing
machinery using a method approved by the Engineer.
17.7. Trees and areas to be cleared are to be marked precisely
so that clearing is undertaken without damage to adjacent
non-cleared areas. Topsoil is stored within the cleared
areas at the edge of the cleared zone. Clearing is
undertaken working from the edge of the zone inwards.
17.7.1 During clearing, the Contractor stockpiles
separately:
(i) tree trunks with a diameter at chest height
greater than the size defined by the Engineer,
and
(ii) trunks with a smaller diameter, branches,
leaves, stumps and roots.
17.7.2 Unless instructed otherwise by the Engineer the
trunks of trees exceeding the diameter defined by
the Engineer are the property of the Contractor.
18. Biodiversity 18.1. The Contractor shall ensure that all personnel are informed
and aware of the importance to protect species, habitats,
fauna and flora and are informed about wildlife encounter
procedures. Information and awareness training is
documented.
18.2. If applicable, the Employer will provide to the Contractor a
range of ecological surveys prior to the start of construction,
conducted by the Employer. These will include but not be
limited to the type and location of identified species and
habitats of conservation interest within the Project Area,
and any resulting measures that are required by
Contractor.
18.3. The Employer will provide to the Contractor a constraints
map, showing the areas where sensitive, endangered or
breeding species are known to occur, including protected
areas, sites of importance for nature conservation, wildlife
refuges, nature and national parks, important bird areas.
18.4. The Employer will inform the Contractor about seasons for
the protection of birds and wildlife. If applicable, the
Employer will inform the Contractor if, as a result of
protecting birds and wildlife, construction is restricted
during a certain period and/or the Contractor must take
precautionary measures in compliance with respective
national laws and/or as stipulated by the respective local
authorities.
18.5. The Employer may update information on the presence of
wildlife or sensitive or endangered species’ in the Project
Area following any additional wildlife/endangered species´
survey. If any are identified, the Employer will notify the
Contractor who will ensure that all personnel are informed
and aware of the required mitigation procedures as
communicated by the Employer.
18.6. The Contractor shall apply the Contracting Authority’s
procedures with regards to fauna and flora management
prior to clearing activities.
18.7. The Employer will communicate to Contractor his specific
responsibilities related to protecting endangered species,
biodiversity and wildlife, present within the Project Area.
Responsibilities may include but not be limited to the
following measures:
a) The Contractor´s personnel shall not approach,
injure, hunt, capture, possess, feed, transport, rear or
trade wild animals and/or collect birds’ eggs on the
Project Areas
b) The Contractor´s personnel shall avoid where
possible breeding, feeding and nesting sites of
endangered species, as identified by the Employer´s
environmental experts and as communicated to the
Contractor by the Employer.
c) The Contractor personnel shall not collect flora or

fauna species on the Project Areas.
d) The Contractor shall report any sighting or finding of
dead wildlife killed by the works to the Engineer
immediately.
e) The Contractor shall protect excavations with
temporary fencing to prevent injury to animals.
f) The Contractor shall release any trapped uninjured
animals immediately.
g) The Contractor shall report injured endangered
and/or larger animals to the Engineer who will inform
the appropriate Environmental Authority.
h) The Contractor shall not disturb natural habitats
outside the Project Areas.
i) The Contractor shall only use designated roads or
paths and abide by speed limits.
j) The Contractor shall not start forest fires.
k) The Contractor shall not introduce Invasive Alien
Species (IAS)
l) All construction machinery imported from overseas
shall be inspected to detect IAS and washed before
dispatching to the Project Areas.
m) Where necessary, the Contractor shall develop IAS
control procedures (e.g. physical removal, slashing,
mulching, herbicides, etc.). Methods used to control
or prevent such species shall not cause adverse
impacts on the environment or communities.
n) To limit the risk of introducing marine invasive
species, the Contractor shall control the ballast water
and anti-fouling systems of vessels arriving from
other bioregions in accordance with International
Maritime Organization (IMO) conventions and
guidelines.
18.8. For impacts to biological resources:
a) development of a specific mitigation plan for
endangered species in the wider area
b) trenches or holes created during site works must be
covered at night
18.9. Regarding habitat loss/degradation and habitat
fragmentation Contractor will:
a) site permanent infrastructure on unused land of no
particular ecological value
b) take no construction materials from the surrounding
environment unless otherwise specified in the
respective management plan
c) monitor the impacts on flora and fauna at sensitive

locations
18.10. The Contractor will adopt best construction site
practices to minimize the risks of adverse effects on
neighbouring habitats/species from construction
activities (dust, noise, waste disposal etc.). This will
include appropriate toilet and litter collection facilities as
inspected by the environmental coordinator.
19. Erosion and 19.1. Erosion and sediment control shall be taken into
sediment transport consideration from the beginning of the construction
phase, i.e. from site clearance.
19.2. The Contractor plans earthworks and optimises the
management of space to ensure that all cleared
surfaces and areas exposed to soil erosion are
minimised on all Project Areas and erosion is minimised
as far as practical.
19.3. The Contractor shall determine the appropriate locations
and the type of erosion control measures required, to be
agreed with the Engineer.
19.4. If not instructed otherwise by the Employer, the
Contractor shall install erosion matting to provide an
immediate protection for slopes against erosion, prevent
the washing-out of seeds and enhance the micro-
climatic conditions in the soil for plant growth. Erosion
matting is used to provide temporary protection of the
soil surface until sufficient natural vegetation cover has
been established.
19.5. Topsoil
19.5.1. Topsoil is the uppermost and most fertile
portion of the soil (unless indicated
otherwise, the top 25 centimeters),
containing organic matter, seeds and
nutrients that promote vegetation growth. Its
presence is a key factor in promoting
revegetation success. Consequently,
preserving topsoil is a key component of
revegetating worksites and restoring the
soil’s ability to protect itself against erosion.
Contractor shall observe the following basic
principles of good topsoil management:
19.5.2. Topsoil shall be removed from working
areas only when absolutely necessary and
in accordance with Project guidelines. Areas
subject to topsoil stripping will be identified
prior to grading activities.
19.5.3. Any plant, turf layer or root mass will be
stripped together with the topsoil, except in
wetlands where the turf will be stripped
separately from the topsoil layer where
practical. Topsoil will be removed using

backhoes only.
19.5.4. Topsoil is stored according to the provisions
approved by the Engineer to enable reuse
during Project Area rehabilitation.
19.6. Draining rainwater run-off
19.6.1. Run-off from the working corridor will be
intercepted. Surface water run-off will not
be permitted to enter surface
watercourses. Contractor will take
appropriate measures.
19.6.2. The gradient of Project Areas allows the
collection and drainage of rainwater from
the entire surface area to one or several
discharge points. No pools of water are
created.
19.6.3. Suspended solids in rainwater are
removed using sediment traps / settling
ponds. Rainwater from vehicle parking
areas, machinery areas, workshops is
subject to treatment with oily water
separators.
19.6.4. Rainwater pre-treatment units are sized,
cleaned, maintained and accessible to
ensure compliance with the effluent quality
criteria defined in ESHS Specifications
Sub-Clause 12.9 and to allow monitoring of
performance.
19.7. Sediment control
19.7.1. The Contractor installs sediment control
barriers to slow the flow of water and
control sediment transport at Project Areas
with (i) a gradient of more than 20%, and
(ii) where land is disturbed by the works or
where stockpiled mineral material exposed
to sheet or rill erosion.
19.7.2. Sediment control barriers are installed on
the slope or at the base of the slope to
protect the natural drainage system from
sediment accumulation at levels higher
than the natural situation. These barriers
comply with the following principles:
a) Made with geotextiles or straw bales
or any other means pre-approved by
the Engineer;
b) Deployed before the start of works and
removal of topsoil. Barriers can be
used for the physical demarcation of

working areas;
c) Installed, cleaned, maintained and
replaced according to manufacturer
recommendations;
d) If applicable, drainage surface area
does not exceed 1,000 m² per 30 m of
barrier. The length of the slope behind
the barrier is less than 30 m, and is not
used for flows in excess of 30 l/s.
19.7.3. For the dredging of marine sediments, if
applicable and unless specified otherwise
in the Contract, or instructed otherwise by
the Engineer, and particularly if the
working area is exposed to currents, the
Contractor will install a geotextile silt
curtain, or any other technique approved
by the Engineer to control turbidity clouds.
19.8. Backfilling and stockpiling of backfill materials
19.8.1. In case mineral material stockpiles do
exceed a height of 6 m, with a maximum
slope of 3:2 (height: volume), the slope has
to be crossed at a height of 3 m by a berm
with a minimum width of 2 m and with a
peripheral drainage trench, to ensure
stability and resistance to rainwater runoff
erosion.
19.8.2. For permanent backfill material stockpiles,
the stockpile is shaped and compacted
every 30 cm to ensure long-term stability.
19.8.3. Temporary stockpiles in place for more
than 60 days are protected against runoff
erosion by (i) revegetation using
fast-growing grass species, either by direct
seeding or by hydro-seeding, or (ii) using
other natural anti-erosion cover with prior
approval from the Engineer.
19.9. Side casting during the construction of linear structures
(roads, pipelines, transport lines), will be permitted in
the following conditions:
19.9.1. For natural gradients with a slope <40%, the
side cast materials are piled to create a slope
of less than 2H:1V.
19.9.2. For natural gradients with a slope >40%, to
ensure stability 3m wide berms will be
installed perpendicular to the slope and onto
which the side cast material is deposited.
Regular earthworks to maintain the form of
the side case and long term stability of the
side cast is carried out. The slope of the side

cast in general does not exceed 3H:2V.
19.9.3. The provisions of Clauses 10 and 19.6 for the
protection of water courses exposed to
erosion induced by the works apply.
20. Site rehabilitation 20.1. Unless instructed otherwise by the Engineer, the
Contractor will rehabilitate all Project Areas and
landscapes disturbed by the works, to their original
condition where possible upon completion of
construction and prior to the provisional acceptance
of the works. Close collaboration with all statutory
stakeholders will be conducted in cooperation with
the Employer during the reinstatement.
20.2. The Contractor describes in the C-ESMP the planned
revegetation works to ensure sustainable Project
Area rehabilitation: methods, plant species to be
used and their origins, activity schedule based on a
progressive taking over of Project Areas.
20.3. As a minimum, the Contractor shall carry out the
following reinstatement activities:
20.3.1. If not otherwise instructed by the Engineer, all
buildings, campsites and free standing and
underground structures (e.g. piping,
underground tanks, sumps and basins) are
removed pursuant to the provisions of Sub-
Clause 4.23 of the CC. All waste and rubble is
removed in accordance to the provisions of
Clause 16 of the present ESHS Specifications.
After removal of buildings structures and rubble,
the Contractor returns Project Areas to their
original condition, according to the following
provisions.
20.3.2. Land is levelled to ensure that run-off water
drains without eroding soil or stagnating in pools.
20.3.3. Rehabilitated Project Areas do not represent
hazards for people. Areas near steep drops at
quarries are fenced off and indicated with
permanent concrete warning signs. Holes are
refilled. Sharp or unstable items are rendered
inoffensive.
20.3.4. Unless specified otherwise in the Contract, or
instructed otherwise by the Engineer, the
Contractor undertakes revegetation of all Project
Areas disturbed by the works and bears the cost
of such work.
20.4. Fertiliser application shall be limited to areas where it
is necessary to establish a rapid vegetative cover for
erosion control purposes in areas of high risk. Any
fertiliser applications must be formulated and
performed so that natural nutrient balances in
adjacent ecosystems are not altered, particularly

where there are nearby water bodies.
20.5. The Contractor shall perform routine maintenance of
revegetated areas until such time that occupation of
the land is officially handed back to the Employer or
third parties.
20.6. The Contractor shall control noxious weeds and
invasive species within revegetated areas.
20.7. Prior approval by the Engineer is required regarding
the origin of seeds and plants proposed by the
Contractor. The species used for revegetation must
be suitable for the local environmental conditions,
and selected according to the rehabilitation
programme: stabilisation of backfill, landscaping,
drainage, prevention of erosion, etc.
20.8. Revegetation is undertaken throughout the duration
of construction works, and is not limited to the
rehabilitation of Project Areas at completion of the
works.
20.9. The present Clause applies to the side casting of
waste mineral materials generated during the
construction of linear structures (roads, pipelines,
transport lines).
21. Documentation on 21.1. The Constructor documents changes in condition of
site conditions all Project Areas from the start of works until the
Performance Certificate is issued. Documentation
comprises dated and geo-referenced colour
photographs taken from a constant angle and
viewpoint.
21.2. The Project Area condition is documented as a
minimum for the following stages:
a) Before any Project Area disturbance at the start
of works;
b) On completion of works, but prior to starting
rehabilitation;
c) On completion of rehabilitation and revegetation,
if necessary, but prior to the Taking Over
Certificate issuing;
d) After the end of the Defects Notification Period
and prior to the Performance Certificate issuing.
21.3. The Contractor specifies in the C-ESMP (i) the list
of viewpoints to be used, (ii) areas to be
photographed, and (iii) methods used for taking and
archiving photographs, according to industry
photographing and archiving standards.
21.4. Adjacent areas (100 m from the perimeter of the

Project Area) are included in photographic
documentation.
C. Health and Safety
22. Health and Safety 22.1. In application of Clauses 4 and 6 of the CC, the
Plan Contractor shall develop a Health and Safety Plan
(HS Plan) section of the C-ESMP, its organization for
managing health and safety, pursuant to its Health
and Safety Management system (HSMS).
22.2. Pursuant to Clause 6 of the CC, the HS plan
identifies and specifies:
a) That Contractor understands and manages all
health and safety risks relating to the execution
of the works, including gender-specific risks;
b) Prevention and protection measures to control
risks related to the execution of the works, by
differentiating, where necessary, measures
concerning the protection of women and men;
c) Human and material resources involved;
d) Works requiring a permit (e.g. blasting, butting
of trees);
e) Emergency plans to be implemented in the
case of an accident.
22.3. The Contractor implements prevention, protection
and monitoring measures, as described in the health
and safety plan.
22.4. The Contractor shall have in place a Behavioural
Safety Based Programme and actively train and
encourage Personnel to intervene on unsafe
behaviours and situations and report on deviations.
23. Health and Safety 23.1. The Contractor shall document in a structured
Reporting system (e.g. a Site Accident record sheet) all
accidents, dangerous occurrences and
investigations, which shall be available at all, times
for inspection by the Engineer.
23.2. The Contractor shall investigate any incident and
record and report systematic follow-up of relevant
findings and recommendations. Problem areas
related to HS shall be recorded with information
about status, responsible person(s) and alternative
solutions.
23.3. As specified in Sub-Clause 4.21 of the CC, the
Contractor includes in the Progress Report to the
Engineer a monthly HS Performance Report. The

format and content of the HS Performance Report
shall be agreed with the Engineer prior to the
commencement of the works and report them to the
Engineer.
23.4. In pursuance to clauses 4 and 6 of the CC, this report
shall contain the following data, as related to the
works:
a) Progress against implementation of the
Contractor`s HS Plan
b) A list, including a brief description, of all
incidents and dangerous occurrences
c) Number of fatalities
d) Number of serious incident frequency
e) Total Recordable injury frequency
f) Number and type of accidents with and without
lost-time
g) Serious illness
h) Total number of ‘near miss events;
i) Number of theft incidents;
j) Number of security and number and type of
other incidents;
23.5. In the event that the Contractor receives
communication from the Engineer on HS under-
performance, the Contractor shall prepare and
implement an HS Improvement Plan to rectify such.
24. Accident reporting 24.1. The Engineer is informed within one hour day/night
procedure of any accident involving serious bodily injury to a
member of personnel, a visitor or any other third
party, caused by the execution of the works or the
behavior of the personnel of the Contractor.
24.2. The Engineer is informed as soon as possible of any
near-accident (near misses) relating to the execution
of the works which, in slightly different conditions,
could have led to bodily injury to people, or damage
to private property or the environment.
24.3. The Contractor shall prepare a report on each
accident or dangerous occurrence and a copy of the
report, together with witness statements and any
other relevant information, shall be submitted to the
Engineer as soon as possible.
24.4. A reportable accident shall include any accident to
any person on Site requiring medical attention or
resulting in the loss of working hours or any incident
that resulted, or could have resulted in injury,
damage or a danger to the Works, persons, property
or the environment. Contractors will also notify and

report of incidents of Subcontractors and Suppliers
(in particular those for major supply items) and their
Contractors Sites.
24.5. The Contractor shall report any HS accident, related
to Contractor activities or personnel, to national or
local authorities as required by relevant legislation. A
copy of all such reports shall be provided to the
Engineer.
24.6. The Contractor shall not notify or give any
information to the media or other units or people
without the employer’s consent.
24.7. The Contractor shall immediately rectify any
situation or condition that could result in injury or a
danger to the Works, person, property or the
environment. If the situation or condition cannot be
corrected immediately, the Contractor shall provide
temporary barriers and appropriate warning signs
and devices and/or take other appropriate action
necessary for the protection of persons, property and
the environment.
25. Health and Safety 25.1. Contractor shall ensure efficient and effective HS
meetings communication and consultation with all Personnel
involved in the Work. This includes but is not limited
to toolbox meetings prior to the start of the Work,
worksite HS meetings on a regular basis with all
parties involved (including Subcontractors, the
Engineer and third parties). It may also comprise
other forms of communication.
25.2. Contractor shall ensure that supervision, directly in
charge of construction activities, fully brief and
discuss with Personnel at HS Tool Box Talks at the
start of each work day and prior to commencing new
activities. These talks shall be conducted in a
language understood by the workforce. A checklist
shall be utilised for this purpose. At a minimum it
shall include the following;
a) Nature of the job
b) Associated hazards
c) Safe working methods to be adopted
d) Requirements of the Permit to Work
25.3. The Contractor shall convene weekly team talks,
extended to Subcontractors if applicable.
26. Security 26.1. The Contractor shall evaluate the security strategy
and arrangements required for all worksites
including transport. This evaluation shall be
performed by qualified security experts and shall
form the basis for the Worksite Security Strategy
and Plan, which shall be submitted and approved by

the Engineer as part of the C-ESMP. The Security
Strategy and Plan shall describe:
• Security risks and the identified mitigation /
management measures
• Roles and responsibilities including details of
the Contractor and Subcontractors
• Detection, monitoring and management
procedures
• Escalation plans including resources
27. Equipment and 27.1. The facilities and equipment used by the Contractor
operating standards are installed, maintained, revised, inspected and
tested pursuant to the manufacturer’s
recommendations. The recommendations are
available in the language of communication defined
under CC Sub-Clause 1.4 (or any other language
approved by the Engineer).
28. Work permit 28.1. The Contractor puts in place a work permit
procedure, prior to the starting of the works. The
procedures define the approval process between
the person qualified to issue the work permit and the
personnel (or Subcontractors) carrying out the work.
28.2. Permits are issued in writing. Unless specified
otherwise in the Contract, or instructed otherwise by
the Engineer, works which require a work permit are
defined in the health and safety plan. All other work
permits required by the Engineer will be
implemented by the Contractor.
29. Personal protective 29.1. The Contractor ensures that all personnel, visitors
equipment or third parties entering a Project Area are equipped
with Personal Protection Equipment (PPE) pursuant
to the practices and standards specified in Clause
9.
29.2. Where appropriate, PPE must be worn by women
as well as by men.
29.3. The Contractor describes in the C-ESMP the PPE
to be used per Project Area and per activity.
29.4. Personnel and visitors to Project Areas are
equipped with a safety helmet, safety shoes and a
reflective jacket as a minimum.
29.5. Adequate quantities of PPE are available on the
Project Areas. Storage conditions must be
compatible with usage pursuant to the provisions of
ESHS Specifications Clause 30.
29.6. Contractor personnel are trained in how to use and
care for PPE and the Engineer has access to
training certificates.
29.7. When handling acids, caustics, and chemicals with

corrosive or toxic properties, suitable protection
shall be worn to prevent accidental contact with the
substance.
30. Dangerous 30.1. A substance is considered dangerous if one or
substances several of its properties render it dangerous, as
defined in Appendix 2 of the present ESHS
Specifications. The Contractor identifies and
manages dangerous substances planned for use on
the Project Area in the manner described in the
present Clause.
30.2. The assessment of the impact of the toxicity of
dangerous substances on the reproductive
functions of women and men must be taken into
account.
30.3. The transport to the Project Area and use of
dangerous substances requires prior authorisation
from the Engineer.
30.4. Details of risks and related prevention and
protection measures are included in the health and
safety plan.
30.5. The Contractor obtains all necessary authorisations
and/or licenses for the storage and use of
dangerous substances from local authorities. A
copy of the authorisations is provided to the
Engineer.
30.6. For each dangerous substance used, the
Contractor will implement the recommendations
described (i) in the Material Safety Data Sheets
(SDS), and (ii) by the Globally Harmonized System
of Classification and Labelling of Chemicals
established by the United Nations for hazardous
chemicals.
30.7. Copies of MSDSs are kept on the Project Area, and
made available to personnel. The Contractor
provides the Engineer with copies of all MSDSs.
30.8. Storage of dangerous substances
30.8.1 Storage areas are designed and equipped by
the Contractor based on the chemical and
physical properties of the substances, on the
types of containers stored, the number of
people requiring access, the ventilation
requirements, the quantities of the substance
used and potential chemical reaction with
other substances (see ESHS Specifications
Sub-Clause 30.8.5 below).
30.8.2 Pursuant to ESHS Specifications in Clause
16.12, the Contractor anticipates and plans
for the storage and management of

hazardous waste.
30.8.3 Storage areas for dangerous substances are
subject to strict rules, which are regularly
checked by the ESHS manager. The rules
include the following as a minimum:
a) Access to the storage area is limited to
trained and authorised individuals;
b) An inventory is maintained up-to-date;
c) MSDSs must be available for all stored
dangerous substances, and the
substances must be clearly labelled;
d) A strict and methodical storage system
is implemented (storage plan posted,
large or heavy packaging may not be
stored at heights, equipment and tools
may not be stored in the dangerous
substance storage room);
e) Compliance with product expiry dates
and implementation of a disposal
procedure for substances which are
not needed or which have expired;
f) Entrances, exits and access to
emergency equipment are kept clear
at all times.
30.8.4 Storage areas are clearly identified with
warning signs at the entrance. The
Contractor displays the storage plan (location
of the different products, maximum
inventory), a summary of labelling system
and information on chemical
incompatibilities.
30.8.5 Chemicals which could react together
(leading to explosions, fire, projections or the
emission of dangerous gases) are physically
separated.
30.8.6 Products that react violently with water are
stored so as to prevent contact with water,
even in the event of flooding.
30.8.7 Inflammable products are stored separately
in a dedicated area with adequate ventilation
at all times.
30.8.8 Buildings used to store large quantities of
dangerous substances are isolated from
other buildings to avoid the spreading of fire.
Such buildings are constructed using solid
and non-combustible building materials, and
are equipped with evacuation systems and
the appropriate firefighting equipment.
Access to the buildings is clear, allowing for
rapid evacuation in the event of an accident.
The electrical systems are reduced to the

essential minimum, and access points are
equipped with adequate lighting (300 lux).
30.8.9 All storage areas are equipped with
secondary retentions. Each storage area acts
as a general secondary retention. Suitable
absorbents (neutralising and non-
combustible) are available in the storage
area to clean up any spills and leaks.
30.8.10 The Contractor maintains the storage area at
a suitable temperature for dangerous
substances to prevent overpressure and
bursting of containers.
31. Planning for 31.1. The Contractor shall establish an emergency plan
emergency as a section of the C-ESMP. It covers the following
situations emergency situations as a minimum:
a) e.g. Fire or explosion;
b) e.g. Collapse of structures, or scaffolding;
c) e.g. Loss of the containment of dangerous
substances;
d) e.g. Safety incident or malicious act.
31.2. The Contractor shall maintain fit-for-purpose
Emergency Response Capability, which shall be
clearly documented.
31.3. At a minimum, the Contractor shall make
contingency arrangements for calling a Doctor and
transporting injured persons to hospital. The
telephone numbers of the emergency services and
the name, address and telephone number of the
Doctor and the nearest hospital shall be prominently
displayed in the Contractor´s office.
31.4. The Contractor ensures that all personnel are
informed and aware of how to react in an
emergency situation, and responsibilities are
defined. Information and awareness training is
documented, and available on all Project Areas.
31.5. The Contractor organises and documents
emergency simulation exercises within 3 months of
the physical start of the works, and subsequently
once every 12 months up to the issue of the Taking-
Over Certificate. The Engineer is invited to
participate in each of these exercises.
31.6. Fire protection
31.6.1. Based on a fire safety risk assessment, the
Contractor will ensure that adequate and
appropriate fire safety measures are in place
to minimise the risk of injury or loss of life in
the event of a fire. Appropriate actions
include: Keeping sources of ignition and

flammable substances apart; Avoiding
accidental fires; Ensuring good
housekeeping at all times, e.g. avoiding
build-up of rubbish that could burn; Installing
smoke alarms and fire alarms or bells;
Installing fire warning systems; Having
correct fire-fighting equipment; Keeping fire
exits and escape routes clearly marked and
unobstructed at all times; Ensuring workers
receive appropriate training on procedures
they need to follow, including fire drills.
31.6.2. Fire will not be used as a method of forest or
vegetation clearance.
31.6.3. Fire extinguishers are made available in
each building at clearly identified locations,
and fires are strictly forbidden outside of the
cooking area.
31.6.4. If applicable, the Contractor makes
arrangements with local fire-brigades for
emergencies
32. Medical check-ups 32.1. The Contractor organises medical check-ups carried out
by a doctor or an appropriately qualified nurse for all
Contractor’s Personnel prior to the initial mobilisation to
the Project Area to check aptitude for the work. Medical
check-ups are adapted to the anticipated occupied
positions and carried out pursuant to the
recommendations of the International Labor
Organization. Subsequent to the check-up, a written
medical certificate is issued declaring the aptitude of the
worker for the allocated tasks.
32.2. Hearing tests are conducted for the Contractor’s
personnel exposed to noise levels above 80 dB(A) in
order to establish initial audiograms. Annual tests are
carried out to monitor any changes and detect any
deterioration.
32.3. The Engineer can request additional medical
examinations for the Contractor’s Personnel if
considered necessary, all costs to be borne by the
Contractor.
32.4. A medical examination is carried out on any Contractor’s
Personnel returning to work after leave caused by a work
related accident. A written medical certificate is issued
confirming the Contractor’s Personnel’s aptitude to
return to work at the designated workstation.
32.5. The Contractor can produce a copy of its Contractor’s
Personnel’s work aptitude certificates at the request of
the Engineer or any competent authority.
32.6. Specific arrangements for tasks’ assignments or
workstations shall be made for pregnant Personnel.
33. First-aid 33.1. The Contractor ensures a minimum of first-aid provisions

on any work site, including: suitably stocked first-aid kits;
a person, respectively an adequate number of staff
appointed and trained to take charge of first-aid
arrangements and ensure that staff and workers are
informed about first-aid arrangements. .
33.2. The Contractor equips the Project Area with a
communication system exclusively for the purposes of
communication with the first aid services. Information on
how to communicate with the first aid services is clearly
indicated near the communications equipment.
34. Medical Services 34.1. The Employer will inform the Contractor about the
and Personnel presence and number of medical personnel in the
Project Area. If not otherwise instructed by the Engineer,
in application of Clause CC 6.7, the Contractor shall
collaborate with local health authorities and make
arrangement with an appropriate number of local
doctors, and/or nurses, hospitals and ambulance
services to ensure that medical staff, first aid facilities,
sick bay and ambulance service are available at a
minimum within 45 minutes at the Site, and at any
accommodation for Contractor’s and Employer’s
Personnel or if appropriate, be based in the Project Area.
35.1. The Contractor guarantees access to health care for all
35. Health care personnel in case of accident or illness occurring during
the execution of the works.
35.2. In absence of a health centre or health post in the
vicinity, or within the Project Area, the Contractor shall
make contingency arrangement for transporting injured
persons to a hospital in application of ESHS specification
Clause 36.
36. Emergency medical 36.1. The Contractor allocates rapid emergency transportation
evacuations for first aid purposes to the first aid station pursuant to
standard NF EN 1789:2007.
36.2. In cases where there is no first aid emergency vehicle
available to evacuate severely ill or injured personnel, the
Contractor establishes an agreement with a specialised
company for the handling of personnel in the event of a
serious accident requiring an emergency medical
evacuation and ensures that transport is guaranteed any
time and as fast as possible. The Contractor will provide
a copy of the agreement to the Engineer within one
month of the physical start of works.
36.3. The agreement includes a convention with a referring
hospital where the member of personnel evacuated in
emergency conditions will be treated.
36.4. In highly remote areas or in demonstrably life threatening
cases, the agreement may cover the use of air
transportation (if available) in order to evacuate the
injured patient(s) to the referring hospital.
36.5. The telephone numbers of the emergency services and

the name of the service providers and the doctors shall be
prominently displayed in the Contractor´s site office
37. Access to health 37.1. The Contractor guarantees access to health care as
care and training defined in Clause 34 for all personnel in case of accident
or illness occurring during the execution of the works, i.e.:
a) Medical check-ups: initial (recruitment), annual
and upon returning to work after sick leave;
b) Screening, vaccinations and preventive
healthcare;
c) General healthcare during the execution of the
works;
d) Medical assistance in the event of an accident
and assistance for emergency evacuations.
37.2. Subcontractor’s personnel, other contractors, the
Employer or the Engineer, present at the Project Area,
must never be refused medical assistance, under the
pretext that they are not directly employed by the
Contractor. The Contractor may however define a unit
rate cost per medical act for personnel, other than its own
Contractor’s Personnel, display this rate in the healthcare
centre and forward the information to the Engineer.
37.3. In the event of accident or serious illness, medical
personnel must be trained, available and equipped with
the necessary material, medicines and consumables to
provide first aid for the patient, stabilise their condition,
until the patient is:
a) Either treated or discharged; or
b) Hospitalized at the camp or in a larger hospital; or
c) Evacuated to a medical centre, which is well
equipped for intensive care, if necessary.
38. Health monitoring 38.1. The Contractor cannot recruit workers in poor health.
38.2. The initial pre-recruitment examination must confirm that
applicants are physically able to carry out the tasks
required for the position.
38.3. The detection of pregnancy during the initial pre-
recruitment examination of female applicants shall not
constitute grounds for declining recruitment, unless
medical risk is proven.
38.4. The Contractor organises annual medical check-ups for
its Contractor’s Personnel and keeps up to date a medical
record for each Contractor’s Personnel. The presence of
Contractor’s Personnel for medical check-ups, treatment
and hospitalisation is incorporated into the Contractors
planning.
38.5. If applicable and as recommended by a doctor or

instructed by the Engineer, the Contractor provides the
Contractor’s Personnel with prophylaxis and vaccinations
against local diseases and vectors. In particular, the
Contractor will promote the use of impregnated mosquito
nets by its Contractor’s Personnel in camps or offsite
lodging, and distributes these nets appropriately.
38.6. The health and safety plan includes a Contractor’s
Personnel health risk assessment based on exposure to
dangerous substances and describes the medical
monitoring implemented.
39. Sanitary repatriation 39.1. The Contractor is responsible for the sanitary repatriation
of Contractor’s Personnel in the event of a serious injury
or illness, based on a diligent examination and a
statement of the doctor in charge. The Contractor will take
out the necessary insurance to cover the cost of the
sanitary repatriation of its Contractor’s Personnel.
40. Hygiene, 40.1. Drinking water
accommodation and
food 40.1.1. Pursuant to Sub-Clause 6.14 of the PC (Part B),
the Contractor provides personnel with drinking
water at all Project Areas. The quantity and quality
of this water complies with the standards of the
World Health Organization at supply points.
40.1.2. Unless the supply of drinking water is provided by
a certified supplier, the quality of the drinking water
provided to workers is tested at least at the start of
the works and then on a monthly basis. The
protocol for taking and analyzing samples is based
on the recommendations of the World Health
Organization. The results shall be documented
and made available on the Project Areas.
40.2. Accommodation conditions
40.2.1. The accommodation provided for non-resident
Personnel in a camp or an alternative structure
outside of the Project Areas, such as a hotel or
rented house, will comply with the conditions of the
present ESHS Sub-Clause in pursuance of Sub-
Clause 6.6 of the CC.
40.2.2. The person in charge of managing the
accommodation has a specific duty to report to the
ESHS manager or if existent, the HS manager, the
outbreak of any contagious diseases, food
poisoning and other important casualties. The
ESHS Manager in turn will inform the appropriate
health authorities.
40.2.3. Rooms are lit and equipped with power sockets,
beds and windows fitted with mosquito nets.
Flooring is of a hard and impervious material.
40.2.4. The temperature in rooms and common areas

shall be kept at an appropriate level during
occupied hours (20 degrees in moderate to cold
zones and providing adequate ventilation in hot
zones).
40.2.5. The Contractor provides one drinking water tap
per 10 Contractor’s Personnel, one shower per 10
Contractor’s Personnel as a minimum, one
individual toilet for 15 Contractor’s Personnel as a
minimum, and one urinal per 25 Contractor’s
Personnel at accommodation camps. Separate
showers and toilets must be made available for
women.
40.3. Hygiene in shared areas
40.3.1. Sanitary areas (showers, sinks, urinals, toilets) are
cleaned and disinfected by the Contractor’s
cleaning service at least once every 24 hours.
Cleaning operations are documented.
40.3.2. The canteen, kitchen and kitchen utensils are
cleaned after each meal service.
40.3.3. The number and location of toilets on Project Areas
shall be adapted to the number of employees and
the configuration of the Project Areas (distance,
isolated area, etc.). For urinals and toilets, usual
standards are 1 unit to max15 persons.
40.3.4. Toilet facilities are conveniently located and easily
accessible. In addition, all toilet rooms shall be well-
lit, have good ventilation or external windows, have
sufficient hand wash basins and be conveniently
located.
40.4. Food
40.4.1. In application of Sub-Clause 6.13 of the PC (Part
B) and ESHS Specifications Sub-Clause 46.1 of
the present ESHS specification, the Contractor
provides meals at a reasonable cost or free of
charge to its Contractor’s Personnel per shift in a
canteen area and according to a procurement
system which complies with the provisions of this
ESHS Specifications Sub-Clause.
40.4.2. The Contractor defines and implements actions in
order to guarantee (i) the quality and quantities of
food stuffs, (ii) compliance with health rules when
preparing meals, (iii) fitting out and servicing
premises and equipment, both in the kitchen and
food storage areas.
40.4.3. The Contractor inspects the cleanliness of food
transport vehicles, temperature control and the
cold chain, as well as best-before dates, and takes
the necessary corrective actions. The

temperatures of chillers are regularly checked.
40.4.4. The Contractor checks that health requirements
are met for food storage conditions in the kitchen
or other locations, food cooking times and
temperatures, and the conditions in which
prepared products are left prior to consumption, to
ensure no health risks. Prepared food is eaten or
thrown away, no food remains are reused.
40.4.5. The Contractor recruits trained canteen personnel
and ensures that supervisors monitor compliance
with sanitary instructions. The Contractor ensures
that canteen personnel have means of ensuring
compliance with health rules (changing rooms,
linen, hand washers, the condition of flooring and
paint, and the existence of a cleaning plan).
40.5. At the request of the Engineer, the doctor at the health
centre specified in Clause 35.2.2. of the present ESHS
Specifications, carries out an audit on all Project Areas
every 3 months, and documents the results, and includes
the conditions of hygiene in which meals are prepared and
food conserved. The results of this audit are provided to
the Engineer.
40.6. The Contractor, on the basis of the advice of the doctor at
the health centre, informs Contractor’s Personnel on
appropriate behaviour in terms of workplace hygiene. The
occasional distribution of information is not sufficient, the
Contractor regularly reiterates the importance of hygiene,
documents these reminders, and ensures that the
information is understood, easy to apply and scrupulously
complied with.
41. Substance abuse 41.1. Pursuant to Sub-Clause 6.16 of the PC (Part B), the use,
possession, distribution or sale of illegal drugs, controlled
substances (as per local regulations) and alcohol is
totally prohibited on the Project Areas. The Contractor
implements a zero tolerance policy for the consumption
of these substances.
41.2. Any person suspected by the Engineer to be under the
influence of alcohol or controlled substances on any
Project Area is immediately suspended from his position
by the Contractor, pending the results of medical tests.
D. Local labour and relations with local

communities
42. Labour conditions 42.1. The Contractor shall ensure decent labour conditions for
workers and notably compliance with applicable law and
regulations in the country of implementation of the
contract, and with the fundamental conventions of the
International Labour Organisation (ILO). This includes
workers’ rights related to wages, working hours, rest and

leave, overtime, minimum age, regular payment,
compensation and benefits, equal opportunities, a non-
discriminatory workplace, best practice on human
resource management and occupational health and
safety. Wages, benefits and conditions of work will be
comparable to employers in the relevant region of that
country/region and sector concerned.
42.2. The Contractor shall respect and facilitate workers' rights
to organize and provide a Worker Grievance Mechanism
for all workers, including the workers of subcontractors,
shall receive an induction on their rights and on the
Worker Grievance Mechanism. The Contractor will
display the contact details of the Worker Grievance
Mechanism at well visible places in all camps and work
sides.
42.3. The Contractor shall issue and implement internal
policies and procedures to assure that no employee or
job applicant will be subject to discrimination and/or
harassment.
42.4. The Contractor shall establish for their personnel and
those of their main contractors a system to monitor hours
worked on the Project and seek to identify and remedy
any practices, which lead to long working hours in excess
of national legislation.
43. Local recruitment 43.1. Local recruitment is defined as the number of positions
actually allocated to people residing in the region of the
Works (less than two hours by land transport to the
Project Area) for more than one year and citizen of the
Employer´s country.
43.2. Pursuant to Sub-Clause 6.1 of the CC, and if requested
by the Employer, the Contractor, and/or respectively the
Subcontractor hiring local workers, establishes and
initiates a local recruitment policy and a procurement
plan to ensure that recruitment procurement procedures
are transparent and disseminated to the project affected
communities for the duration of the Works.
43.3. The policy and plan shall be enforced by the
Subcontractors and suppliers of major supply items,
responsible for hiring local workers.
43.4. The Contractor demonstrates the effective
implementation of this policy to the Engineer in its
monthly activity report as defined in Sub-Clause 6.1 of
the present ESHS Specifications.
43.5. Pursuant to Clause 8 of the present ESHS Specifications
and if requested by the Employer, the Contractor
develops a training programme aiming to support the
local recruitment policy.
43.6. This training programme must be available to women and
adjusted to their level of education.
43.7. An incentive mechanism to increase the share of women

recruited by the Contractor and the Subcontractors may
be established.
43.8. Local labour needs are estimated prior to the start of
works and described in the C-ESMP with the following
information:
a) Identification of positions that could be filled by local
staff and the level of qualification required;
b) Definition of the planned procedure for the effective
recruitment of these members of staff;
c) Establishment of mechanisms to ensure non-
discrimination of women in accessing recruitment
procedures;
d) Deployment schedule for these positions;
e) Initial training to be provided by the Contractor for
each job description.
43.9. In order to prevent outsiders from entering the Project
Area, local recruitment at the Project Area, including at
the entrance, is prohibited.
43.10. Local recruitment office
43.10.1. One month prior to the start of Works, the
Contractor establishes a local recruitment
office in the district where the main Project
Area is located, at a location pre-approved by
the Engineer.
43.10.2. A representative of the Contractor is present in
this office at least two mornings each week,
from the start of the works to a date pre-
approved by the Engineer.
43.10.3. The representative provides information on job
vacancies with the Contractor for the execution
of the works (required qualifications, duration,
and location) and on the information to be
provided in applications.
43.10.4. Lists of local candidates are drafted by the
representative allocated to the office and
forwarded to the Contractor’s Humans
Resources manager on a weekly basis.
43.11. The Contractor’s Human Resources manager selects
candidates listed by the local recruitment office based on
requirements for the Works and the Contractor’s
recruitment procedures. A written contract between the
Contractor and the local Contractor’s Personnel is
drafted, signed and archived by the Contractor.
43.12. If the Project Areas are located near to several different
communities, the Human Resources manager ensures a
fair distribution of local recruitment between the different

communities.
43.13. The Human Resources manager will ensure that
recruitment campaigns in local communities have been
spread to women and that the latter have not been
discriminated in recruitments.
43.14. Pursuant to Sub-Clause 6.22 of the PC (Part B), the
Contractor maintains one record per local Contractor’s
Personnel indicating the hours worked per person
allocated to the works, the type of tasks carried out, the
wages paid and any training provided. Records are
available at the main Project Area at all times, so the
Engineer and the authorised representatives of the
government can assess the content.
44. Transport 44.1. Unless specified otherwise in the Contract, or instructed
otherwise by the Engineer, the Contractor provides or
enables access to daily transport for Contractor’s
Personnel not housed in the camps managed by the
Contractor and living more than 15 minutes' walk from
the Project Area and less than one hour by land
transport.
44.2. The transport is organised under conditions which
comply with local regulations and which ensure the
safety of the people transported.
43.3. The Contractor organises collective transport: pick-up
times and locations are defined and services organised
appropriately.
43.4. Transport from the living facilities to his wages worksite
is safe and free. If the Project Area is moved during the
working season and if the Contractor retains the local
personnel trained at the start of the works, the
accommodation of the Contractor’s Personnel is
managed by the Contractor:
a) Within a mobile camp with the other non-local
Contractor’s Personnel; or
b) In villages located near to the mobile Project
Area, in this case, each local Contractor’s
Personnel will receive a housing allowance in
addition areas within each camp and a sports field
for use by Personnel.
45. Workers´ acco- 45.1. Living facilities are located to avoid flooding and other
mmodation natural hazards.
45.2. Where possible, living facilities are located within a
reasonable distance from the worksite.
45.3. The living facilities are built with adequate materials, the
sites are adequately drained to avoid the accumulation
of stagnant water, kept in good repair and kept clean and
free from rubbish and other refuse.
45.4. Rooms shall not be mixed: separate rooms must be

made available for both men and women.
45.5. Separate toilets and locker rooms shall be provided for
women and men.
45.6. The Contractor constructs and maintains a range of
recreational facilities and shared leisure
45.7. The Contractor ensures that at campsites:
a) Workers have access to an adequate and
convenient supply of free potable water,
b) that drinking water meets national/local or WHO
drinking water standards,
c) that all tanks used for the storage of drinking water
are constructed and covered as to prevent water
stored therein from becoming polluted or
contaminated,
d) that drinking water quality is regularly monitored.
45.8. Dormitories
45.8.1. A separate bed for each worker is provided. The practice
of “hot-bedding” shall be avoided. Rooms shall not host
more than 8 individuals.
a) There is a minimum space between beds of 1
metre.
b) Double deck bunks are not advisable for fire
safety and hygiene reasons, and their use is
minimised. Where they are used, there must be
enough clear space between the lower and upper
bunk of the bed. Standards range from to 0.7 to
1.10 metres.
c) Triple deck bunks are prohibited.
d) Each worker is provided with a comfortable
mattress, pillow, cover and clean bedding.
e) Bed linen is washed frequently and applied with
repellents and disinfectants where conditions
warrant (malaria).
f) Facilities for the storage of personal belongings
for workers are provided, including 0,5 m3 and 1
meter of shelf unit.
45.9. The Contractor shall mitigate impacts of activities (e.g.
those that create noise or light) at worksites in order to
avoid any public disturbance or disturbance of camp
residents.
46. Meals 46.1. Food supplies for the meals of the Contractor personnel
will exclude any meat obtained from hunting or poaching,
with the exception of fish.
46.2. The Contractor provides for at least two meals per shift
to local Contractor’s Personnel pursuant to the hygiene
conditions specified in Clause 40 of the present ESHS
Specifications, at reasonable price for the Contractor’s
Personnel. If no canteen is available, the Contractor at
least pays for a minimum of 2 meals per day per shift.
46.3. The Contractor shall avoid any local disputes through
respecting local culture and values. The Contractor shall
ensure that workers are aware of local issues and
sensitivities, and respect local culture and values in order
to avoid any local disputes and crime.
47. Community 47.1. Commensurate with the size of Construction activities
Interaction and unsolved potential disturbances of the community
and risks to public health and safety, the Contractor shall
produce an Implementation Plan related to Community
Interaction and submit it to the Engineer for review and
acceptance prior the commencement of any works or
traffic related to works.
47.2. The plan shall include a schedule of planned work
activities which may impact a neighboring community
and describe (i) the activities per task and phase which
may impact the neighboring communities (ii) the
approach to engage and communicate with stakeholders
related to the works defined in (i); (iii) responsibilities for
community interaction per task and phase.
47.3. When meeting stakeholders in neighboring
communities, minutes of meetings shall be produced
and recorded as by Employer’s guidelines;
47.4. The Contractor shall disclose relevant information
related to the involved impacts and risks to communities
(e.g. related to Traffic Management or e.g. to entering of
private property for surveys) in local language and at a
level of complexity that is commensurate with local
realities to ensure that stakeholders fully understand the
content.
47.5. The Contractor shall include information about the
Employer´s grievance mechanism and the contact
details in all community communication materials.
48. Damage to people 48.1. The Contractor shall implement a worker´s Code of
and property Conduct and not disturb or interfere with the inhabitants
of local communities close to or in the Project Area, and
shall respect their houses, cultures, animals, properties,
customs and practices.
48.2. The Contractor`s personnel shall be trained to
understand the requirements about use of unapproved
land and the need to stay strictly within site boundaries
and within the working areas, using only approved
access and service roads.
48.3. Pursuant to Clauses 4.14 and 17.1 of the CC, the

Contractor is responsible for damages to people and
property caused by the execution of the works or the
procedures used for execution (e.g. project vehicles
demolishing local fences or houses, driving accidentally
over crops or causing any other material grievances).
48.4. Access to the Project Areas is prohibited to unauthorized
persons. The Contractor is responsible for the security
and access control of the Project Areas.
48.5. The Engineer is informed of any damage caused to
people, or the property of individuals, other than the
Contractor’s personnel, within 6 hours of the event,
regardless of the value of the prejudice.
48.6. The Contractor shall establish procedures to manage
and rectify and record incidents related to community
disturbances.
48.6.1.
49. Land acquisition 49.1. Pursuant to Sub-Clause 7.8 of the CC, the Contractor
and land take will cover (i) occupancy indemnities for the extraction or
use of construction materials and (ii) the cost of acquiring
the necessary land to stockpile excess backfill material.
49.2. The Contractor provides compensation for any prejudice
suffered by the owners of the land mentioned in Sub-
Clause 48.1 of the present ESHS Specifications, but also
for any prejudice incurred by users of this land, if these
users are not the same parties as the owners.
49.3. If not otherwise instructed by the Employer, the
Contractor demonstrates to the Engineer (i) who are the
owner and the users, if different parties have been
identified, and (ii) a written agreement governing the
temporary occupancy or acquisition of this land has been
negotiated and duly paid up to the two parties, if different.
50. Traffic management 50.1. The Contractor defines the characteristics of its fleet of
vehicles and site machinery in the C-ESMP, in the form
of a traffic management plan with the aim to prevent
construction site vehicle incidents by the effective
management of transport operations throughout the
construction process.
50.2. The Contractor defines in the traffic management plan
the itineraries used on a map for each route between the
different Project Areas and for each phase of the
construction works, and obtains the validation of the
Engineer. The Contractor requests that the Employer
obtain the authorisations of the competent administrative
authorities if public roads are used. Any Engineer’s
instruction to update the traffic management plan shall
be implemented.
50.3. To reduce accidents, the Contractor will ensure that:
a) Pedestrians and vehicles are kept apart (e.g.

through providing separate entrances,
walkways, signals)
b) Vehicle movements are minimized
c) Drivers are adequately trained and have the
appropriate permits for driving vehicles
d) Turning circles for turning vehicles are installed.
50.4. Within one month of the physical start of works, the
Contractor informs the administrative authorities of areas
crossed by the Contractor’s vehicles, of the itinerary and
characteristics (frequency of passing, size and weight of
trucks, materials carried) of the Contractor's fleet of
vehicles.
50.5. The Contractor describes in the traffic management plan
the expected traffic created by its fleet of vehicles
(frequency of trips between Project Areas, working
hours, convoys).
50.6. The Contractor also describes the number and
positioning of flagmen.
50.7. Unless specified otherwise in the Contract or instructed
otherwise by the Engineer, heavy vehicles (i.e. with a
GVWR of more than 3.5 tons) may not be used at night
between 22:00 and 06:00.
50.8. Speed limits
50.8.1. The Contractor takes action to limit and
check the speed of all vehicles and
machinery used to execute the works at an
appropriate level.
50.8.2. The maximum speed of all machinery and
vehicles of the Contractor comply with the
lowest of the following: the speed limit
defined according to the Employer’s country
regulations or the following limits.
50.8.3. 20 km/h within the Project Areas;
50.8.4. 30 km/h in villages or hamlets, in towns,
from 100m before the first house;
50.8.5. 80 km/h on unpaved roads outside of
towns, villages, hamlets and camps.
50.8.6. Pursuant to Sub-Clause 4.15 of the CC, and
in coordination with the competent
Employer’s country authorities, the
Contractor provides and installs signs for
the fleet of vehicles along public roads,
when public signs are inadequate.
50.8.7. The Contractor provides each of its drivers
with a map at the appropriate scale of the
roads authorised for the execution of the

works, clearly indicating the maximum
speeds authorised, and ensures their
understanding.
50.9. It is strictly prohibited to transport people, equipment or
products other than those required for the Works and the
management of Project Areas, on board any of the
Contractor's vehicles. This provision also applies to the
transport of live animals and meat obtained from hunting,
fishing or poaching.
50.10. The trailers and skips used to carry materials which
could be projected (sand, crushed material, aggregates,
selected materials) are covered with a tarpaulin for the
entire itinerary between two Project Areas.
51. Fossils/ 51.1. The Contractor shall establish specific procedures to
Archaeological manage the protection of archaeological and historical
Chance Finds sites, chance finds and fossils as stipulated in Sub-
Clause 4.24 of CC.
Appendix 1
Example for the Contents of a C-ESMP
1. Environmental ➢ Declaration of ESHS policy signed by the Managing director of the

policy Contractor and clearly defining the commitment of the Contractor in terms of
(i) ESHS management for its construction sites and (ii) compliance with the
ESHS Specifications of the Contract.
2. C-ESMP ➢ Target and content of the Project Area Environmental and Social
Management Plan (including Health and Safety)
➢ Preparation and updating schedule
➢ Quality assurance and validation
3. ESHS ➢ Human resources:
resources
− ESHS manager
− ESHS supervisors
− Person in charge of relations with stakeholders
− Medical personnel
➢ Logistics & communications:
− ESHS vehicles
− IT stations
− In situ noise, air and water measuring equipment
− Analysis laboratory used
➢ Reporting:
− Weekly inspections
− Monthly
− Accident/ Incident
4. ESHS ➢ Definition of standards for the applicable national ESHS regulations and the
regulations ESHS recommendations of institutions affiliated to the United Nations
(WHO, ILO, IMO, IFC), applicable to the execution of works:
− Flora and Fauna protection.....

− Noise and Vibration Soil Erosion
− Air Quality
− Solid Waste
− Hazardous Materials
− Wastewater Discharges
− Contaminated Land
− Occupational Health and Safety
− Community Health and Safety
− General Site Hazards

− Disease Prevention
− Traffic Safety
− Discharge standards
− Minimum wage
− Day and/or night traffic restrictions
− Other
➢ Definition of ESHS standards for the industry applied
5. ESHS ➢ Site tracking procedure:
operational
inspection − Frequency
resources
− Personnel
− Assessment criteria
➢ Non-conformity handling and detection procedure:
− Distribution of information
− Notification depending on the level of importance allocated to
non-conformities
− Tracking of the closing of the non-conformity

➢ Management of data on tracking and non-conformities :
− Archiving
− Use as a performance indicator
6. Project Areas ➢ Description of Project Areas (as per definition in ESHS Specifications Sub-
Clause 1.3:
− Number
− Location on a topographical map
− Activities
− Opening & closing schedule
− Access
➢ Reference to the Appendix: a Site-ESMP for each Project Area.
7. Health and ➢ Identification and characterisation of health and safety risks, including the
safety plan exposure of personnel to chemicals, biological hazards and radiation.
➢ Description of working methods to minimise hazards and control risks.
➢ List of the types of work for which a work permit is required
➢ Personal protection equipment
➢ Presentation of the medical facilities at Project Areas:
− Healthcare centre, medical equipment and allocation of medical staff
− Medical treatments that can be carried out on-site

− Ambulance, communications
− Referring hospital
➢ Evacuation procedure for medical emergencies
➢ Description of the internal organisation and action to be taken in the event of
an accident or incident
8. Training plan ➢ Basic training for non-qualified staff
➢ Health and Safety inductions
➢ Health & safety training
9. Labour ➢ Description of Human Resource Policy for construction works of direct and
Conditions indirect workers
10. Local ➢ Local labour requirements:
Recruitment
− Job descriptions and the levels of qualifications required
− Recruitment procedure and deployment schedule
− Initial training to be provided by the Contractor for each job
description
➢ Location and management of the local recruitment office(s)
11. Project ➢ Description of the fleet of vehicles/machinery used for the execution of the
machinery and works and emission levels and safety requirements
vehicle traffic
➢ Deployment (Project Area & schedule) and maintenance sites for each
vehicle and machine
➢ Mapping of itineraries, travel times, and areas where speeds are limited
➢ Dust suppression:
− Mapping or road sections where dust reduction initiatives apply

− Water points identified or to be created for refueling tanker trucks
− Capacity of the tanker trucks used and calculation of the number of
trucks required
− Width of the track to determine if one watering run or equivalent is

adequate (narrow track) or if two runs are required (wide track)
− Number of watering or equivalent operations proposed per day

depending on the climate
12. Dangerous ➢ Inventory of dangerous substances per Project Area and per period
substances
➢ Transport and storage conditions and chemical incompatibility
13. Effluents ➢ Characterisation of effluents discharged to the receiving environment
➢ Facilities for the treatment or pre-treatment of effluents including sufficient
run-off
➢ Measures for reducing the sediment content of rainwater runoff
➢ Measures for monitoring the efficiency and performance of facilities for

reducing sediment content of rainwater runoff
➢ Resources and methods for monitoring effluent and rainwater runoff quality
14. Noise and ➢ Estimation of the frequencies, duration, days of the week and noise levels
vibrations per Project Area
15. Waste ➢ Inventory of waste per Project Area and per period
➢ Collection, intermediate storage, handling and treatment methods for
ordinary or inert waste
➢ Storage and handling methods for dangerous waste
16. Clearing and ➢ Methods & schedule for clearing vegetation and earthwork activities
revegetation
➢ Methods, species and schedule for the revegetation of Project Areas
disturbed by the works
17. Biodiversity ➢ Schedule for adequate fauna and flora management
➢ Measures for minimizing impact on fauna and flora species based on the
Contracting Authority procedures
➢ Measures for monitoring the efficiency and performance of the plan in place
➢ Measures for limiting IAS
➢ Measures for monitoring the efficiency and performance of the plan in place
18. Prevention of ➢ Location of zones suffering from erosion
erosion
➢ Methods and schedule for the implementation of anti-erosive actions,
including topsoil storage
19. Documenta- ➢ List and cover of viewpoints
tion of site
condition ➢ Imaging method
➢ Archiving photographs
20. Rehabilitation ➢ Method and schedule for Project Area rehabilitation
21. Appendices ➢ Site-ESMPs (number and location specified in Section 6 “Project Areas”
above):
− Marking out of the Project Area perimeter on a map

− Definition of zones for vegetation clearing, zones for the storage of
usable timber, zones for burning of green waste
− Definition of on-site activities: construction, storage areas,

accommodation areas, offices, workshops, concrete making units
− Layout of activity areas on the Project Area: construction works,

production/operation areas, rehabilitation and closure
− Zones for the storage of topsoil, spoil from earthworks, materials

− Access routes and checkpoints
− Project Area occupancy schedule
− Organisation of Project Area preparation
− Liquid discharge outlet points
− Proposed sampling points for monitoring water quality

− Atmospheric emission outlet points
− Location of the storage site for dangerous products
− Location and mapping of waste treatment facilities when handled by
an external service provider
− Any other information relating to the environmental management of

the Project Area
➢ Emergency plan
− Description of facilities
− Characterisation of hazards
− Emergency situations
− Organisation structure - roles and responsibilities
− Emergency procedures
− Human and material resources
− Triggering of the plan
− Reporting
Appendix 2 - Properties rendering a product dangerous
1. Explosive substances and preparations which could explode in the presence of a flame or
which are more sensitive to impacts and friction than dinitrobenzene.
2. Combustive substances and preparations which, when in contact with other substances,
particularly inflammable substances, undergo strongly exothermic reactions.
3. Easily substances and preparations (i) in liquid phase (including extremely inflammable
inflammable liquids), with a flash point below 21°C, or which can heat up to the extent of
spontaneous combustion in ambient air; or (ii) in solid phase, which can burst into
flames easily in the brief presence of a source of inflammation and which will
continue to burn after the removal of the source of inflammation or (iii) in gaseous
phase, which are inflammable in air at normal pressure; or (iv) – which, when in
contact with moist air or water, produce dangerous quantities of gases which are
easily inflammable.
4. Inflammable liquid substances and preparations, with a flash point equal to or above 21°C and
less than or equal to 55°C.
5. Irritant non-corrosive substances and preparations which, when in immediate, extended or
repeated contact with the skin and mucosa, can cause inflammation.
6. Harmful substances and preparations which, in case of inhaling, swallowing or cutaneous
penetration, can lead to risks of limited severity.
7. Toxic substances and preparations (including highly toxic substances and preparations),
which, in case of inhaling, swallowing or cutaneous penetration, can lead to serious,
acute or chronic risks, and even death.
8. Carcino- substances and preparations which, in case of inhaling, swallowing or cutaneous
genic penetration, can lead to or increase the frequency of cancer.
9. Corrosive substances and preparations which, in case of contact with living tissues, can
destroy the latter.
10. Infectious substances containing viable micro-organisms or their toxins, for which it is known
or we have good reasons to believe that they cause disease in humans or other
living organisms.
11. Harmful to substances and preparations which, in case of inhaling, swallowing or cutaneous
reproductio penetration, can induce or increase the frequency of undesirable non-hereditary
n function effects in offspring or have a negative effect on reproductive functions and abilities.
12. Mutagenic substances and preparations which, in case of inhaling, swallowing or cutaneous
penetration, can lead to hereditary genetic disorders or increase the frequency of
these disorders.
13. React with substances and preparations which, in case of contact with water, air or an acid,
water release a toxic or highly toxic gas.
14. Sensitivis- substances and preparations which, in case of inhaling or cutaneous penetration,
ing can lead to a hypersensitation, so that renewed exposure to the substance or
preparation will cause characteristic harmful effects. This property can only be
considered if test methods are available.
15. Ecotoxic substances and preparations with inherent or potential immediate or deferred risks
for one or several environmental components.
16. Dangerous substances and preparations which are likely, after elimination, to lead to another
for the substance, by any means, e.g. a lixiviation product, with one of the above
environment characteristics.
d) Personnel Requirements
The Bidder must demonstrate that it has the personnel for the key positions that meet the
following requirements: [Specify requirements for each lot as applicable]
No. Position Total Work In Similar Works

Experience (years) Experience
(years)
1 ESHS Manager [responsible for 5 years 3
implementation of ESHS (in supervision and
standards and mitigation monitoring the
measures, including relations with implementation of
Stakeholders ] ESHS management
plans for construction
works)
2 Environmental Health and Safety 5 years 3
(EHS) Supervisor (Gandak), (in monitoring the
delegate one executor for each implementation of EHS
construction location management plans for
construction works)

(EHS) Supervisor (Surkhet), (in monitoring the
construction works)

(EHS) Supervisors (MMHEP), (in monitoring the
construction works)
The Bidder shall provide details of the proposed personnel and their experience records
using Forms PER-1 and PER-2 included in Section IV, Bidding Forms.
e) Equipment Requirements
Currently not applicable, but the Contractor’s EHS management plan will give more
equipment description and requirements.
2. Drawings
[Insert here the works drawings.]
3. Supplementary Information
189
PART 3 – CONDITIONS OF
CONTRACT (CC) AND CONTRACT
FORMS
Section VIII. General Conditions 190
Section VIII. General Conditions (GC)
These Standard Bidding Documents have been designed for use with the
Fédération Internationale des Ingénieurs-Conseils (FIDIC) General Conditions of
Contract for Plant and Design Build 1st edition, 1999. Due to the FIDIC copyrights,
these FIDIC General Conditions are not included in these Tender Documents
which contain instructions on how these conditions can be acquired.
191 Section VIII. General Conditions
NEPAL ELECTRICITY AUTHORITY

THE PROCUREMENT OF UTILITY-SCALE GROUND
MOUNTED PHOTOVOLTAIC SYSTEMS
Invitation for Bids No.: ICB-SEPP-EPC-SOLAR-01/2024-KfW-BMZ-PN511010
© FIDIC 1999 All rights reserved.
The conditions of Contract are the “General Conditions” which form part of the
Conditions of Contract for Plant and Design Build First edition 1999 published by
the Fédération Internationale des Ingénieurs-Conseils (FIDIC) and the following
“Particular Conditions” which are the Employer created amendments and additions
to such General Conditions.
Copies of the FIDIC Contract for Plant and Design Build can be obtained from:
International Federation of Consulting Engineers
World Trade Centre II
P.O. Box 311
CH-1215 Geneva 15
Switzerland
Phone: +41 22 799 49 00

Fax: +41 22 799 49 01
email: [email protected]
www: http://www.fidic.org
Section IX. Particular Conditions 192
Section IX. Particular Conditions (PC)
The following Particular Conditions shall supplement the GC. Whenever there is a
conflict, the provisions herein shall prevail over those in the GC.
193 Section IX. Particular Conditions
Part A - Contract Data
Conditions Sub- Data

Clause
Employer’s name and 1.1.2.2 Nepal Electricity Authority (NEA)
address Planning and Technical Services Department
Atten: Mr. Prakash Raut
[email protected] ,
[email protected]
Engineer’s name and 1.1.2.4 GOPA-International Energy Consultants GmbH

address Hindenburgring 18
61348 Bad Homburg v. d. H., Germany
Atten: Mr. Kuno Schallenberg
[email protected]
Bank’s name 1.1.2.11 KfW Development Bank (“KfW”)
Borrower’s name 1.1.2.12 Government of Nepal
Time for Completion 1.1.3.3 365 days (approx. 12 months) Refer to Table:
of the Works Summary of Sections below
Defects Notification 1.1.3.7 730 days (approx. 24 months) DLP
Period Total of 5 years Operation and Maintenance,
including DLP: 1825 days (approx. 60 months)
Foreign Currency 1.1.4.6 USD / EURO
Grant 1.1.4.13 KfW Development Bank has given the grant of

EURO 8,000,000 to Nepal Electricity Authority for
the Promotion of Solar Energy in Rural and Semi
Urban Regions II Project.
Section 1.1.5.6 Refer to Table: Summary of Sections below
Electronic 1.3 Email, Facsimile as mentioned in Contract
transmission systems Reference is made Sub-Section VII-. Project
Procedures, forming part of the Employer's
Requirements.
Contractor’s name 1.3 (b) Name: TBD
and address Address: TBD
Tel: TBD
Fax: TBD
Email: TBD
Governing Law 1.4 Law of Government of Nepal
Ruling language 1.4 English
Language for 1.4 English
communications
Time for the Parties 1.6 Within 28 days after the Letter of Acceptance is
entering into a issued
Contract Agreement or
in case of a contract clarifications meeting (Pre-
Award Discussions) – within 42 days after the

Clause
contract clarifications meeting takes place, if not
otherwise agreed between the parties.
Care and Supply of 1.8 Number of documents issued by the Contractor to
Documents the Employer:
One (1) soft (digital) copy and
No. of copies of
One (1) hard (paper) copy
Contractor’s
Documents
Time for Access to 2.1 Within 14 Days from the Commencement Date
the Site
Amount of 4.2 The Performance Security will be in the form of an
Performance Security unconditional bank guarantee in the amount(s) of
10% percent of the Contract Price (“Performance
Bond”).
The Performance security shall be released to the
contractor without any interest not later than 90
days after the successful completion of the
Defects Notification Period subject to the
approval and acceptance of the Defects
Notification Period deliverables.
The performance security shall be in the form of
the Bank guarantee as per form included in
Section 9 (Contract Forms). Bank guarantee
issued by a bank outside of Nepal must be
counter guaranteed by an "A Class" commercial
bank in Nepal.
Subcontractors 4.4 Direct payment of Sub-Contractors is allowed: No
Progress reports 4.21 Frequency of progress reports: Bi-Weekly
Period for notifying 5.1 Within 21 days from the Commencement Date
unforeseeable errors,
faults and defects in
the Employer’s
Requirements
Normal working 6.5 8 hours per day excluding Saturday (off day).
hours However, depending on the circumstances and
criticality of the work nature, working hours may
be changed. The proposed different or extended
working hours shall, at all times, be compliant with
the Country's Labor Legislation
Delay damages for 8.7 & 0.05% of the Contract Price per day, in the
the Works 14.15(b) currencies and proportions in which the Contract
Price is payable.
Maximum amount of 8.7 10% of the final Contract Price.

delay damages
Provisional Sums 13.5.(b) Not Applicable
(ii)
Adjustments for 13.8 Not Applicable
Changes in Cost

Clause
Contract Price 14.1(b) Taxation as per particular conditions Clause 14.16
14.1(e)
Percentage of 14.3(c) 5%
Retention
Limit of Retention 14.3(c) 5% of the Accepted Contract Amount
Money
Minimum Amount of 14.6 Not less than 200,000 USD or equivalent.
Interim Payment
Certificates
Contractor’s Bank 14.7 To be defined.
Account
Payment of Retention 14.9 Payment of first half Retention money after
Money issuance of all (MMHEP, Surkhet and Gandak)
Taking Over Certificates.
Statement at 14.10 To the Employer:

Completion One (1) soft (digital) copy(ies)
No. of Copies One (1) original (paper) document, and
One (1) hard (paper) copy(ies)
To the Engineer:
Application for Final 14.11 To The Employer:

Payment Certificate One (1) soft (digital) copy(ies)
No. of Copies One (1) original (paper) document, and
To the Engineer:
Currency / currencies 14.15 International Portion: US Dollar (USD) / EURO

of payment Local Portion: Nepalese Rupees (NPR)

Clause
Maximum total 17.6
liability of the As defined in Appendix – 3: Insurance
Contractor to the Requirements, Section X.
Employer
Periods for 18.1 a) 14_days from Commencement Date
submission of
b) 28_days from Commencement Date
insurance:
a. evidence of
insurance
b. relevant policies
Maximum amount of 18.2(d)
deductibles for As defined in Appendix – 3 (B): Insurance
insurance of the Requirements, Section X
Employer’s risks
Minimum amount of 18.3
third party insurance As defined in Appendix – 3: Insurance
per occurrence Requirements, Section X.
Date by which the DB 20.2 To be decided later.
shall be appointed
The DB shall be 20.2 The Dispute Board shall be one sole suitably
comprised of qualified person (member).
List of potential DB 20.2 None
sole members
Appointment (if not 20.3 Nepal Council of Arbitration (NEPCA)
agreed) to be made
by
Arbitration institution 20.6(a) As applicable from SIAC, Singapore (for
International)
As applicable from UNCITRAL, Vienna, Austria
As applicable from NEPCA, Nepal (for National)

Clause
Arbitration rules 20.6(a) a. Contract with foreign contractor:
International arbitration shall be conducted in
accordance with the rules of UNCITRAL
Arbitration Rules as at present in force.
If no rules have been specified, then the Rules of
Singapore International Arbitration Centre (SIAC)
shall apply.
Arbitration shall be administered by UNCITRAL. If
no institution has been specified, then SIAC shall
be the institution to administer the arbitration.
The place of arbitration shall be the place of the
institution administering the arbitration.
b. Contracts with contractor being national of the

Employer's country:
As per the procedures of NEPCA
Place of arbitration 20.6 The place of arbitration shall be the place of the
intuition administering the arbitration.
SIAC, Singapore
UNCITRAL, Vienna, Austria
NEPCA, Kathmandu, Nepal
Table: Summary of Sections

Section Time for Completion Damages for Delay (Sub-
Name/Description (Sub-Clause 1.1.3.3) Clause 8.7)
(Sub-Clause 1.1.5.6)
MMHEP 8 Months (including design 10% of the contract price of
and construction, and Section (0.05% of Section
excluding the time required contract price per day)
for approvals)
Surkhet 12 months (including 10% of the contract price of
design and construction, Section (0.05% of Section
and excluding the time contract price per day)
required for approvals)
Gandak 12 months (including 10% of the contract price of
design and construction, Section (0.05% of Section
and excluding the time contract price per day)
required for approvals)
Part B - Specific Provisions
Conditions Sub- Specific Provisions

Clause
Contract 1.1.1 Add under 1.1.1.1 "Contract" the sentence:
"The Contract requires the non-objection by the
Bank for becoming eligible for any disbursement
under the Bank's Grant."
Appendix to 1.1.1.9 Delete this Sub-Clause and replace by:
tender (to be “Contract Data” means the pages completed by The
replaced by Employer entitled Contract Data which constitute Part
Contract Data) A of the Particular Conditions. Wherever the term
“Appendix to Tender” is used in the Conditions of
Contract then it is to be replaced by “Contract Data”.
Parties and 1.1.2.11 Add the following new Sub-Clause:
Persons “Bank” means the financing institution (if any) named
in the Contract Data.
Borrower 1.1.2.12 Add the following new Sub-Clause:
“Borrower” means the person (if any) named as the
borrower in the Contract Data.
Defects 1.1.3.7 Add, at the end of the Sub-Clause “or taken over
Notification under Sub-Clause 10.2 [Taking Over of Parts of the
Period Works]”
The contractor warrants that the facilities or any part

thereof shall be free from defects in the design,
engineering, materials, and workmanship of the plant
supplied and of the work executed.
The Defect Liability Period shall be 730 days from the

date of Completion of the Facilities (or any part
thereof) or 1 year from the date of Operational
Acceptance of the Facilities (or any part thereof),
whichever first occurs, unless specified otherwise in
the SCC pursuant to GCC Subclause 1.1.3.7.
If during the Defect Liability Period any defect should

be found in the design, engineering, materials, and
workmanship of the Plant supplied or of the work
executed by the Contractor, the Contractor shall
promptly, in consultation and agreement with the
Employer regarding appropriate remedying of the
defects, and at its cost, repair, replace, or otherwise
make good as the Contractor shall determine at its
discretion, such defect as well as any damage to the
Facilities caused by such defect. The Contractor shall
not be responsible for the repair, replacement, or
making good of any defect or of any damage to the
Facilities arising out of or resulting from any of the
following causes:

Clause
(a) improper operation or maintenance of the
Facilities by the Employer,
(b) operation of the Facilities outside specifications
provided in the Contract, or
(c) normal wear and tear.
FATs 1.1.3.10 Add the following new sub-clause:

"FATs" means Factory Acceptance Tests
Exceptionally 1.1.6.10 Additional Sub-Clause
Adverse Climatic Reference is made to Sub-Clause 8.4 [Extension of
Conditions Time for Completion] and item (c) pertaining to
exceptionally adverse climatic conditions. By
'Exceptionally Adverse Climatic Conditions", climatic
conditions substantially departing from the ones
pertaining to site, in accordance with the relevant
information provided under Employer's
Requirements, Sub-Section VII Project Procedures,
are defined.
Non-Conformity 1.1.6.11 Major deviations, failure or refusal to the requirements
of the applicable regulations, the Employer's
Requirements, Sub-Section VII c) Specifications for
Environmental , Social, Health and Safety
Management (ESHS) of the Works
Environmental 1.6.1.14 Comprises the document in Part VII, Employer's
and Social Requirements, Sub-Section VII c) Specifications for
Requirements Environmental, Social, Health and Safety
Management (ESHS) of the Works.
Communications 1.3 Add the following at the end of item (a):
“In case of electronic transmission, these
communications shall be in the form of an un-editable
record attached to an electronic mail, such as a PDF
document for instance, and any other communication
transmitted in a different manner, such as the email
body text, shall not be construed as communication
under the Contract”.
Law and 1.4 Add at the end of the Sub-Clause:
Language All the documentation, correspondence,
communication and all the documents to be prepared
and submitted under the Contract shall be in English
and the Contract will be constituted and interpreted in
English.
The acts, protocols, certificates, as-built documents,

operational and maintenance manuals, design
documents and all other documents as required by
the laws shall be issued in the Nepalese language in
addition to English, as applicable.

Clause
Drawings shall be provided in English.
All kind of labels, markers and signs shall be in the

English and Nepalese language.
Documents, which must be submitted to the

authorities of the Nepalese Government, shall be in
the English and Nepalese language, as applicable.
The Contractor shall provide a translator fluent in

English and Nepalese language at his own expense
during meetings with the Employer, as applicable.
Priority of 1.5 Delete Sub-Clause 1.5 and replace by:
Documents The documents forming the Contract are to be taken
as mutually explanatory of one another. For the
purpose of interpretation, the priority of the documents
shall be in accordance with the relevant stipulations of
the Contract Agreement.
a. The Contract Agreement
b. Minutes of Meeting of Pre-award Discussions (if
any)
c. The Letter of Acceptance
d. The Letter of Bid
e. The signed Declaration of Undertaking
f. The Addenda Nos____ and Clarifications to the
Bidding Documents
g. Particular Conditions of Contract
h. General Conditions of Contract
i. Employer’s Requirements, including design and
drawings
j. Price Schedules
k. Clarification to Contractor’s Proposal
l. Contractor’s Proposal
Anything mentioned in the Employers’ Requirements

and not shown on the Drawings/ Technical Data
Sheets or shown on the Drawings/ Technical Data
Sheets and not mentioned in the Employers’
Requirements shall be of like effect as if shown or
mentioned in both.
In case of any difference between scaled dimensions

and figures on the Drawings, the figures shall prevail.

Clause
If an ambiguity or discrepancy is found in the
documents, the Engineer shall issue any necessary
clarification or instruction.
Contract 1.6 The first sentence is revised as follows:
Agreement The Parties shall enter into an Agreement within the
time defined in Contract Data.
The second sentence is revised as follows:

The Contract Agreement shall be based upon the
form annexed under Section X. Contract Forms of the
Bidding Document.
Add new paragraph under the Sub-Clause:

The Contract Agreement shall come into full force the
date on which all the following conditions have been
fulfilled:
• The complete set of Contract Documents has
received the KfW’s no-objection
• The Contract Agreement has been signed
• The Contractor has submitted to the Employer the
Performance Security and the Advance Payment
Guarantee
• The Advance Payment to the Contractor has been
paid.
Confidential 1.12 Add at the end of the Sub-Clause:
Details The Contractor shall treat the details of the Contract
as private and confidential, except to the extent
necessary to carry out obligations under it or to
comply with applicable Laws of the Country. The
Contractor shall not publish, permit to be published, or
disclose any particular detail of the Works in any
trade/technical paper or elsewhere without the
previous consent, in writing, of the Employer.
Inspections and 1.15 Add new Sub-Clause:
Audit by KfW “The Contractor shall permit, and shall cause its
agents (whether declared or not), sub-contractors,
sub-consultants, service providers, or suppliers and
any personnel thereof, to permit, KfW and/or persons
appointed by the KfW to inspect the Site and all
accounts and records relating to the performance of
the Contract and the submission of the Bid, and to
have such accounts and records audited by auditors
appointed by KfW if requested by KfW.
The Contractor’s attention is drawn to Sub-Clause
15.6 [Corrupt or Fraudulent Practices] which provides,
inter alia, that acts intended to materially impede the
exercise of KfW’s inspection and audit rights provided

Clause
for under Sub-Clause 1.15 constitute a prohibited
practice subject to contract termination.”
Right of Access 2.1 The first sentence of the first paragraph is modified as
to the Site following
The Employer shall give to the Contractor Right of
Access to, and possession of, all parts of the Site
within the time or times stated in the programme
submitted under Sub-Clause 8.3 [Programme].
After the first paragraph of Sub-clause 2.1, add:

Permanent permission to enter and possession of the
Site including permanent access roads will be
provided with the construction permission.
Agreements with the concerned landowners to obtain
temporary permission to access the sites fall within
the responsibility of the Contractor. As per sub-clause
4.13, the Contractor shall bear all related costs.
However, construction works at the site will only be

possible after completion of the design and granting
of permits for construction by the relevant local
authorities. The Contractor shall consider this
requirement within the Time Schedule.
In case the permits for construction will be received in

a period shorter than the aforementioned time, the
Employer/Engineer will promptly issue a relevant
notice to Contractor. As soon as reasonable and
practicable, after receipt of this notice, the Contractor
shall mobilize his relevant personnel and initiate his
activities on Site.
The Employer's 2.5 Replace the first sentence of the second paragraph
Claims as follows: “Notice shall be given as soon as
practicable but not later than 42 days after the
Employer became aware of the event or
circumstances giving rise to the claim.”
Replacement of 3.4 Not applicable
the Engineer
Contractor’s 4.1 Insert the following at the end of the 2nd
General paragraph:
Obligations “Goods and services from countries under embargo
from Germany, the European Union or the United
Nations are not eligible and shall not be used by the
Contractor.”
Add under the first paragraph:

Clause
The drawings included in the Employer's
Requirements are intended to be descriptive of the
character of the Works and to be used in conjunction
with the documents comprising the Employer's
Requirements and shall in no way limit the
Contractor's responsibility to perform all Works for
the intended purpose.
Add new paragraphs at the end of the Sub-

Clause:
It is the Contractor's obligation to familiarize himself
with the legislation in the Country and with any laws,
regulations, etc. that should be observed in relation
with the Contractor's activity under the Contract. The
failure of the Contractor to do so shall not relieve him
from any responsibility or obligation that may arise in
relation to such a failure.
All duties and taxes levied to the Contractor or his

employees and/or his subcontractors or their
employees, as per the governing law, including those
due and/or payable with respect to Contractor's or his
subcontractors' employees and/or personnel, shall
be borne by the Contractor. It is Contractor's
obligation to issue those documents under this
Contract in compliance with the governing tax law.
Performance 4.2 Delete last sentence of second paragraph and
Security replace by the sentence:
"The Performance Security shall be issued by a
reputable bank or financial institution selected by the
Contractor and requiring the NEA approval, and
shall be in the form annexed to the Particular
Conditions."
Replace first sentence of second paragraph as

follows:
"The Contractor shall deliver the Performance
Security to the Employer within 28 days after the
Letter of Acceptance and shall send a copy to the
Engineer."
Add after the second paragraph:

If the bank or financial institution issuing the
Performance Security is located outside of Nepal, it
shall have a correspondent financial institution
located in Nepal (an "A Class" commercial bank) to
make it enforceable. The Contractor shall ensure
that the guarantee is valid and enforceable until the

Clause
Contractor has executed and completed the Works
and remedied any defects.
Add the following at the end of the Sub-Clause:

If the Contractor fails to submit the Performance
Security within 28 days after the Letter of
Acceptance has been signed then these are
adequate reasons for the Employer for annulment of
the award and forfeiture of the Bid Security, in which
event the Employer may make award to the next
lowest evaluated Bidder or invite new bids.
Performance security shall be released only after the

expiration of Service Level Agreement period.
The performance security will be released to the

contractor without any interest not later than 90 days
after the successful completion of the complete SLA
period subject to the approval and acceptance of the
SLA period deliverables.
The performance security shall not be reduced on

the date of the Operational Acceptance. The
performance security shall be valid for the period
covering entire contract execution period and any
extension thereof, and defect notification period
plus one month.
Subcontractors 4.4 Add after the first sentence the following:
Subcontracting shall be limited to 30% of the total
amount of the Contract Price.
Add at the end of (a):

The list of Subcontractors accepted by the Employer
is part of the Contract. Such acceptance by the
Employer for any Subcontractor does not release the
Contractor from any of his obligations and
responsibilities under the Contract.
Add at the end of (b):

In case that the Contractor intends to modify the list
of subcontractors, he shall submit the required
modification, prior to placing any purchase order, for
approval to the Employer/Engineer, so as not to
obstacle the Works' progress. The subcontractors/
manufacturers will be evaluated against the criteria's
mentioned in the Bidding Documents, Part I, Section
III, Evaluation and Qualification Criteria set out for
Subcontractors/Manufacturers.

Clause
In case the Employer has reasonable objections to

any proposed Subcontractors, the Contractor should
propose another Subcontractor. Such approval by
the Employer/Engineer for any new subcontractor
does not release the Contractor from any of his
obligations and responsibilities under the Contract.
Add at the end of the Sub-Clause:

Subcontracting any Works is only permitted in case
the Contractor can prove that experienced
supervisors from his own company supervise the
work of the subcontractor. The contractor's
supervisions shall be specialized for the relevant
works to be performed by the subcontractor and shall
be available at any time during subcontractor's
performance of the works. If the subcontractor fails
to execute the works in accordance with the
requirements of the contract and the related terms
and regulations, the Contractor shall provide his own
personnel without any delay.

“Unless explicitly agreed to by the Engineer, the
ESHS Specifications apply to all Subcontractors and
Suppliers used for the execution of the Works. The
Contractor is fully liable for all actions, non-
compliance and negligence by Subcontractors and
Suppliers their representatives, employees and
workers, to the same degree as it would be held
liable for its own actions, non-compliance or
negligence or that of its own representatives,
employees or workers.”
Co-operation 4.6 The second last paragraph "The Contractor
….Requirements" shall be read as follows:
The Contractor shall be responsible for his
construction activities on site but is under the
obligation to coordinate his own activities with all local
authorities and utilities, as applicable.
Safety 4.8 Add the following at the end of the Sub-Clause:
Procedures f) The Contractor shall ensure compliance with the
ESHS Specifications, applicable regulations, the
Employer's Requirements, Sub-Section VII-7.
Environmental and Social Requirements and the
Construction C–ESMP. Non-conformity can result in
a notification to the Contractor by the Engineer
subject to Sub-Clause 3 Management of Non-
Conformities
Protection of the 4.18 Add the following after the last paragraph:
Environment

Clause
“These provisions are complemented by those listed
under the ESHS Specifications which the Contractor
must ensure compliance with.”
Electricity, Water 4.19 Delete the second and this paragraph so that the Sub-
and Gas Clause is read as follows:
The Contractor shall be responsible for arranging on
his own the provision and expenses related to
required power, water supplies and other services he
may require.
Progress reports 4.21 At the end of (a), add:
The Contractor shall describe major adjustments and
deviations between the updated Time Schedule and
the Base Line Schedule. Further planned and actual
disbursement schedules of the Project (S-graph) shall
be provided.
Add as Sub-Clause (j):

“(i) matters requested under the ESHS
Specifications.”
Contractor's 5.2 Add at the end of the first paragraph:
Documents The documentation provided during the Contract
implementation must consider the requirements as
set out in the Sub-Section VII. Project Procedures
elsewhere in the Employers’ Requirements. Those
shall be submitted to the Employer and to the
Engineer for review and/or approval. Should it be
found at any time after approval has been given by the
Employer or the Engineer to any documents
submitted by the Contractor that the said documents
do not comply with any documents submitted
previously, such alternations and additions, as may be
deemed necessary by the Employer or the Engineer,
shall be made therein by the Contractor and the
Works shall be carried out accordingly without extra
payment to the Contractor thereof.
Add at the end of the second paragraph:

Electronic versions of the documents shall be
provided to the Employer and to the Engineer, as
stipulated in Sub-Section VII-1. Project Description
and Procedures and elsewhere in the Employer’s
Requirements.
Replace first sentence of fourth paragraph by:

The review period shall not exceed 28 days,
calculated from the date on which the

Clause
Employer/Engineer receives a Contractor’s
Document and Contractor’s notice.

The Contractor shall, from the start of any activity at
site up to issuance of the Taking Over Certificate,
correctly keep proper site records in accordance with
standard practice and in compliance with the
regulations of the Country.
As-Built 5.6 Add at the end of the Sub-Clause:
Documents The number of copies and the date of submission of
the as-built documents shall be as per Sub-Section
VII-. Project Description and Procedures, under the
Employer’s Requirements.
Operation and 5.7 Add at the end of Sub-Clause 5.7:
Maintenance The number of copies and date of submission of the
Manuals Operation and Maintenance Manuals shall be as per
Sub-Section VII-. Project Description and Procedures,
under the Employer’s Requirements
Staff and Labour 6. Clause 6 is deleted in its entirety and replaced by the
following:
Engagement of 6.1 Replace the first paragraph with following:
Staff and Labour
Except as otherwise stated in the Specification, the
Contractor shall make arrangements for the
engagement of all staff and labour, local or otherwise,
and for their payment, feeding, transport, and, when
appropriate, housing.
Insert new second paragraph as follows:

The Contractor is encouraged, to the extent
practicable and reasonable, to employ staff and
labour with appropriate qualifications and
experience from sources within the Country.
Rates of Wages 6.2 Insert new second paragraph as follows:
and Conditions of
Labour The Contractor shall pay rates of wages, and observe
conditions of labour, which are not lower than those
established for the trade or industry where the work is
carried out. If no established rates or conditions are
applicable, the Contractor shall pay rates of wages
and observe conditions which are not lower than the
general level of wages and conditions observed
locally by employers whose trade or industry is similar
to that of the Contractor.
The Contractor shall inform the Contractor’s

Personnel about their liability to pay personal

Clause
income taxes in the Country in respect of such of
their salaries, wages, allowances and any
benefits as are subject to tax under the Laws of
the Country for the time being in force, and the
Contractor shall perform such duties in regard to
such deductions thereof as may be imposed on
him by such Laws.
Persons in the 6.3 The Contractor shall not recruit, or attempt to recruit,
Service of staff and labour from amongst the Employer’s
Employer Personnel.
Labour Laws 6.4 The Contractor shall comply with all the relevant labour
Laws applicable to the Contractor’s Personnel, including
Laws relating to their employment, health, safety,
welfare, immigration and emigration, and shall allow
them all their legal rights.
The Contractor shall require his employees to obey all
applicable Laws, including those concerning safety at
work.
Working Hours 6.5 No work shall be carried out on the Site on locally
recognised days of rest, or outside the normal working
hours stated in the Contract Data, unless:
(a) otherwise stated in the Contract,
(b) the Engineer gives consent, or
(c) the work is unavoidable, or necessary for the

protection of life or property or for the safety of
the Works, in which case the Contractor shall
immediately advise the Engineer.
Facilities for Staff 6.6 Except as otherwise stated in the Specification, the
and Labour Contractor shall provide and maintain all necessary
accommodation and welfare facilities for the
Contractor’s Personnel. The Contractor shall also
provide facilities for the Employer’s Personnel as
stated in the Specification.
The Contractor shall not permit any of the

Contractor’s Personnel to maintain any temporary or
permanent living quarters within the structures
forming part of the Permanent Works.
Foreign 6.12 Insert new sub-clause “6.12 Foreign Personnel”

Personnel after sub-clause 6.11 as follows:
The Contractor may bring in to the Country any

foreign personnel who are necessary for the
execution of the Works to the extent allowed by the

Clause
applicable Laws. The Contractor shall ensure that
these personnel are provided with the required
residence visas and work permits. The Employer will,
if requested by the Contractor, use his best
endeavours in a timely and expeditious manner to
assist the Contractor in obtaining any local, state,
national or government permission required for
bringing in the Contractor’s personnel.
The Contractor shall be responsible for the return

of these personnel to the place where they were
recruited or to their domicile. In the event of the
death in the Country of any of these personnel or
members of their families, the Contractor shall
similarly be responsible for making the
appropriate arrangements for their return or
burial.
Supply of Water 6.14 Insert new sub-clause “6.14 Supply of Water”
after new sub-clause 6.13 as follows:
The Contractor shall, having regard to local

conditions, provide on the Site an adequate supply of
drinking and other water for the use of the
Contractor’s Personnel.
Alcoholic Liquor 6.16 Insert new sub-clause “6.16 Alcoholic Liquor or
or Drugs Drugs” after new sub-clause 6.15 as follows:
The Contractor shall not, otherwise than in

accordance with the Laws of the Country, import, sell,
give, barter or otherwise dispose of any alcoholic
liquor or drugs, or permit or allow importation, sale,
gift, barter or disposal thereof by Contractor's
Personnel.
Arms and 6.17 Insert new sub-clause “6.17 Arms and
Ammunition Ammunition” after new sub-clause 6.16 as
follows:
The Contractor shall not give, barter, or otherwise

dispose of, to any person, any arms or ammunition of
any kind, or allow Contractor's Personnel to do so.
Festivals and 6.18 Insert new sub-clause “6.18 Festivals and
Religious Religious Customs” after new sub-clause 6.17 as
Customs follows:
The Contractor shall respect the Country's recognized

festivals, days of rest and religious or other customs.
Funeral Arrange- 6.19 Insert new sub-clause “6.19 Funeral
ments Arrangements” after new sub-clause 6.18 as
follows:

Clause
The Contractor shall be responsible, to the extent

required by local regulations, for making any funeral
arrangements for any of his local employees who may
die while engaged upon the Works.
Prohibition of 6.20 Insert new sub-clause “6.20 Prohibition of Forced
Forced or or Compulsory Labour” after new sub-clause 6.19
Compulsory as follows:
Labour
The Contractor shall not employ forced labour, which
consists of any work or service, not voluntarily
performed, that is exacted from an individual under
threat of force or penalty, and includes any kind of
involuntary or compulsory labour, such as indentured
labour, bonded labour or similar labour-contracting
arrangements.
Prohibition of 6.21 Insert new sub-clause “6.21 Prohibition of
Harmful Child Harmful Child Labour” after new sub-clause 6.20
Labour as follows:
The Contractor shall not employ children in a manner

that is economically exploitative, or is likely to be
hazardous, or to interfere with, the child’s education,
or to be harmful to the child’s health or physical,
mental, spiritual, moral, or social development. Where
the relevant labour laws of the Country have
provisions for employment of minors, the Contractor
shall follow those laws applicable to the Contractor.
Children below the age of 18 years shall not be
employed in dangerous work.
Employment 6.22 Insert new sub-clause “6.22 Employment Records
Records of of Workers” after new sub-clause 6.21 as follows:
Workers
The Contractor shall keep complete and accurate
records of the employment of labour at the Site. The
records shall include the names, ages, genders,
hours worked and wages paid to all workers. These
records shall be summarized on a monthly basis and
submitted to the Engineer. These records shall be
included in the details to be submitted by the
Contractor under Sub-Clause 6.10 [Records of
Contractor’s Personnel and Equipment].
Workers’ Organi- 6.23 Insert new sub-clause “6.23 Workers
sations Organisation” after new sub-clause 6.22 as
follows:
In countries where the relevant labour laws recognise

workers’ rights to form and to join workers’
organisations of their choosing without interference
and to bargain collectively, the Contractor shall

Clause
comply with such laws. Where the relevant labour
laws substantially restrict workers’ organisations, the
Contractor shall enable alternative means for the
Contractor’s Personnel to express their grievances
and protect their rights regarding working conditions
and terms of employment. In either case described
above, and where the relevant labour laws are silent,
the Contractor shall not discourage the Contractor’s
Personnel from forming or joining workers’
organisations of their choosing or from bargaining
collectively, and shall not discriminate or retaliate
against the Contractor’s Personnel who participate, or
seek to participate, in such organisations and bargain
collectively. The Contractor shall engage with such
workers’ representatives. Workers’ organisations are
expected to fairly represent the workers in the
workforce.
Non- 6.24 Insert new sub-clause “6.24 Non-Discrimination
Discrimination and Equal Opportunity” after new sub-clause 6.23
and Equal as follows:
Opportunity
The Contractor shall not make employment decisions
on the basis of personal characteristics unrelated to
inherent job requirements. The Contractor shall base
the employment relationship on the principle of equal
opportunity and fair treatment, and shall not
discriminate with respect to aspects of the
employment relationship, including recruitment and
hiring, compensation (including wages and benefits),
working conditions and terms of employment, access
to training, promotion, termination of employment or
retirement, and discipline. In countries where the
relevant labour laws provide for non-discrimination in
employment, the Contractor shall comply with such
laws. When the relevant labour laws are silent on non-
discrimination in employment, the Contractor shall
meet this Sub-Clause’s requirements. Special
measures of protection or assistance to remedy past
discrimination or selection for a particular job based
on the inherent requirements of the job shall not be
deemed discrimination.
Remedial Work 7.6 Add new paragraph at the end of the Sub-Clause:
The Contractor shall be held responsible for all

damage that is caused by his work, or anyone
employed by him. The Contractor shall take all
necessary precautions to protect the work and/or
property from damage caused by his operations. The
Contractor shall remedy and/or replace all damage
caused by his operation to the property owner's

Clause
satisfaction and at no expense to the Employer.
Should the Contractor unable to carry out the work,
the Employer may arrange others to do the work;
however, the Contractor shall compensate the
Employer all the costs of carrying out the work and/or
shall provide property owner's with compensation.
Furthermore, if Contractor fails to carry the cost and
compensation, the Employer shall deduct the relevant
amount from Interim Payment Certificate.
Commencement 8.1 The complete Sub-clause is deleted and replaced
of Works by the following:
The Commencement Date is the date of which all the
following conditions have been fulfilled:
• The complete set of contract documents have
received KfW's no-objection.
• The contract agreement has been signed.
• The contractor has submitted to the Employer
the Performance Guarantee and the Advance
Payment Guarantee, in line with the provisions
of the contract.
• The advance payment to the contractor has
been made.
The contractor shall register the local branch office in

Nepal and site offices within 56 days after the
Contractor receives the Letter of Acceptance.
The site office should be well equipped with furniture,

printers and internet connectivity and have a provision
of rooms to accommodate the representatives of
Employer and Engineer.
In case the above-mentioned conditions will not be

fulfilled due to the fault of the contractor latest 3
months after the receipt of the Letter of Acceptance,
the Employer reserves the right to cancel the whole
award.
“As defined in the ESHS Specifications, no physical work
may commence on any Project Area until such time the
Contractor has prepared and submitted to the Engineer the
C-ESMP, and the Engineer has approved this.”
Programme 8.3 Add after the first sentence of the first paragraph:
The approved time programme (Time Schedule), as
the Baseline Time Schedule, shall form the basis for
reviewing the progress of Works.
After second sentence of first paragraph, add:

This revised program shall compare the update
version with the Base Line. After Contract signature
the Contactor shall monthly update the Time

Clause
Schedule assuring a safe and continuous operation
of the plant. If not otherwise agreed the Contractor
shall apply for outages three weeks in advance.
However, a tentative outage schedule shall be
included to the progress reports.
After the last paragraph, add:

The Contractor shall give his best efforts and
consider the interface coordination with the
Transmission Line or Substation Package Contractor
in his programme. Further details are included in
Employer’s Requirements, VII-1 Project Description
and Scope of Works.
Delay Damages 8.7 Add new paragraph at the end of the Sub-Clause:
The resulting amount shall be paid according to the
Employer's instructions.
Suspension of 8.8 Add the following after the last sentence of the Sub-
Work Clause:
“As an example, and without limitation to other
possible causes, any suspension of work caused by
any failure from the Contractor to comply with the
obligations stated :
(a) Under the ESHS Specifications (if any), in the
event of a level 3 non-compliance;
(b) Under Sub-Clause 4.8 as to safety
procedures;
(c) Under Sub-Clause 4.9 as to the quality
assurance;
(d) Under Sub-Clause 4.18 as to the protection of
the environment; or
(e) Under Sub-Clause 6.7 as to health and safety;
shall be considered as cause of suspension which is
the responsibility of the Contractor”.
Taking Over of 10.1 The complete last paragraph of the Sub-Clause is
deleted and replaced as follows:
the Works and
Sections The date on which the Works or Sections were
completed in accordance with the Contract (including
the Tests on completion as per Clause 9) will be the
date applied for by the Contractor in accordance with
this Sub-Clause.
The procedure for reduction of Delay Damages of

Sub-Clause 10.2 shall apply.

Clause
Extension of 11.3 Add after the first paragraph of the Sub-Clause:
Defects In case any defects or damages are found during the
Notification Defects Notification Period, the reasonable time for
Period remedying of the defects or damages will be made
known by the Contractor to the Employer. The
necessary period of remedying of the defects or
damages will be added to the Defects Notification
Period for the damaged, as well as for other affected
equipment or component of the Works. The
Contractor shall extend the validity of Performance
Security accordingly.

Clause
Failure to Reach 12.5 In the event that the Contractor fails to achieve the
Production production outputs required under the Contract, the Parties
Outputs shall jointly establish the cause of such failure.
a. If the cause of the failure lies with the Employer or
any of his servants or agents, then, after
consultation with the Contractor, the Employer shall
give written instruction to the Contractor of the
measures which the Employer requires the
Contractor to take.
If the Contractor suffers any additional cost as a
result of the failure or the measures instructed by
the Employer, the Employer, subject to Sub-Clause
3.5 [Determinations] and Sub-Clause 20.1
[Contractor's Claims], shall pay the Contractor his
Cost Plus Profit.
b. if the cause of the failure lies with the Contractor
then, after due consultation with the Employer, the
Contractor shall take all steps necessary to restore
the output to the levels required under the Contract.
If the Employer suffers any loss as a result of the
failure or the measures taken by the Contractor, the
Contractor, subject to Sub-Clause 3.5
[Determinations], shall pay the Employer the
following performance damages:
After commissioning the actual energy produced each
year will be compared with the energy that should have
been produced as per the Functional Guarantees in
Employer’s Requirements, Section 6.4.3.1.
In case of deficit of performance ratio, when compared

with the guaranteed values, the performance damages will
be equal to the deficit in performance ration during the
year multiplied by 400,000 EUR/%.
and
In case of deficit of production, when compared with the
guaranteed values, the performance damages will be
equal to the deficit of energy produced during the year
multiplied by 150 EUR/MWh.
For avoidance of doubt, PV production will be measured
continuously during the first five years after Operational
Acceptance, and annual Liquidated Damages for each of
these years will be calculated and paid at the end of the
corresponding year based on the actual production during
this year.
Right to Vary 13.1 Add at the end of the Sub-Clause:

Any changes can only be made by means of a formal
Amendment to the Contract (i), and non-objected by
the KfW/NEA (ii) signed by both Parties.
Currencies of 14.15 At the end of Sub-Clause 14.15, add:
payment
Payments shall be made in the same currencies and
amount as listed in Schedule No. 7 - Grand Summary

Clause
Contract Price 14.1 (e)
Add as new item (e ) and (f) the following:
(e ) All prices quoted in the Price Schedules (including
prices of Mandatory Spare Parts and Tools and Prices
of Recommended Spare Parts and Tools) are fixed
and firm prices up to the date of issuing the
Performance Certificate.
(f) The Employer reserves the right to order
additionally or to reduce the supply of material and
services up to an amount of plus and minus 10%
of the goods and services of the total value of the
contract price prior to contract signature, without
the variation of the Unit Price items quoted in Price
Schedule.
Advance 14.2 Delete last sentence of third paragraph and replace

Payment by the sentence: "This guarantee shall be issued by a
Contractor and requiring the KfW's/NEA no objection,
and shall be in the form annexed to the Particular
Conditions."
If the bank or financial institution issuing guarantee is
located outside of Nepal, it shall have a
correspondent bank located in Nepal (an "A Class"
commercial bank) to make it enforceable in the form
of counter guarantee.
At the end of the third paragraph add the sentence
"Guarantees are to be made payable to the
Employer's account at the Bank as listed in the
annexed form."
At the beginning of fourth paragraph, add:
The Advance payment Guarantee's validity must
exceed twenty-eight (28) days the Time of
Completion.
At the beginning of fourth paragraph, add:

At fifth paragraph, replace sub-paragraph (a) and (b)
with following:
(a) The deduction shall commence from the
first invoice submitted by the Contractor
(excluding Advance Payment invoice)
and
(b) The deduction shall be made at the
amortization rate of ten percent (10%) of
the amount of each invoice (excluding
Advance Payment invoice), until such
time as the Advance Payment has been
repaid.

Clause
Application for 14.3
Interim Payment The first paragraph is deleted and replaced as
Certificates follows:
The Contractor shall submit monthly statement to the
Employer and the Engineer (in the number of copies
Copies of specified in the Contract Data), showing in detail the
Statement amounts to which the Contractor considers himself to
be entitled, together with supporting documents which
shall include the relevant report on progress in
accordance with Sub-Clause 4.21 [Progress Reports
and Progress Meetings] and in the form approved by
the Employer. The Interim Payments will be made in
accordance with the conditions mentioned in the
contract.
Replace (a) by:

The estimated contract value of the Works executed
in accordance with the Price Schedules and the
Contractor's Documents produced up to the end of the
month.
Copies to the Employer:

One (1) soft (digital) copy(ies)
One (1) hard (original) copy (ies) and
Copies to the Engineer:

One (1) soft (digital) copy (ies) and
One (1) hard (paper) copy (ies)
Schedule of 14.4 Schedule No. 1 - Plant and Mandatory Spare Parts

Payments Supplied from Abroad
Schedule No. 2 - Plant and Mandatory Spare Parts
Supplied within Employer's Country
Schedule No. 3 – Local Transportation, Insurance and
other incidental services
Schedule No. 4 - Design Services
Schedule No. 5 - Installation and other Services
Schedule No. 6 - ESHS Requirements
The Contractor shall be paid the Contract Price in the

following manner, adjusted so as to give effect to such
additions thereto and such deductions there from as
per the provisions of the General and Particular
Conditions of Contract:

Supplied from Abroad:
In respect of Plant and mandatory spare parts
supplied from abroad, the following payments
shall be made:
Ten percent (10%) of the total CIP amount as an

advance payment against receipt of invoice and an
irrevocable advance payment security for the
equivalent amount made out in favor of the Employer.
The advance payment security may be reduced in
proportion to the value of the Plant and Equipment
shipped or delivered to the site, as evidenced by
shipping and delivery documents.
Seventy percent (70%) of the total or pro rata CIP

amount upon delivery to site within 56 days after
receipt of invoice and shipping documents including
delivery certificates shall be paid through direct
disbursement.
KfW shall pay the amount certified for each Interim

Payment Certificate until KfW´s funds dedicated to the
interim payment are used. After the complete
utilization of these KfW funds, NEA shall pay to the
Contractor the amount certified for each Interim
Payment Certificate until the 70% of Price Schedule I
Plant and Mandatory Spare Parts Supplied from
Abroad is reached.
Ten percent (10%) after the erection of the supplied

part.
Five percent (5%) of the total or pro rata CIP amount

upon issue of the Taking Over Certificate within 56
days after receipt of invoice.
Five percent (5%) of the total or pro rata CIP amount

upon issue of the Performance Certificate, within 56
days after receipt of invoice (subject to fulfilling of
functional guarantees as per contract conditions and
SLA document).
Any changes on tax laws of Nepal shall attract the

change in the Terms of Payment as per contract
provisions.

Supplied from within the Employer’s Country:
In respect of Plant and mandatory spare parts
supplied from within the Employer's country, the
following payments shall be made:
Ten percent (10%) of the total EXW amount as an

proportion to the value of the Plant and Equipment
shipped or delivered to the site, as evidenced by
shipping and delivery documents.
Seventy percent (70%) of the total or pro rata EXW

amount upon delivery to site within 56 days after
receipt of invoice and delivery certificates.
Ten percent (10%) after the erection of the supplied

part.
Five percent (5%) of the total or pro rata EXW amount

upon issue of the Taking Over Certificate within 56
Five percent (5%) of the total or pro rata EXW amount

upon issue of the Performance Certificate, within 56
Schedule No. 3 – Local Transportation, Insurance

and other incidental services (including port
clearance, etc.) applicable for supply of Plant &
Equipment
In respect of Local Transportation, Insurance and

other incidental services (including port clearance
etc.) the following payments shall be made:
Ten percent (10%) of the total Local

Transportation, Insurance and other Incidental
services (including port clearance etc.) amount as
an advance payment against receipt of invoice and
an irrevocable advance payment security for the
equivalent amount made out in favor of the

Employer. The advance payment security may be
reduced in proportion to the value of work
performed by the Contractor as evidenced by the
invoices for installation services.
Eighty five percent (85%) of Local Transportation,

Insurance and other Incidental services (including
port clearance etc.) shall be paid to the Contractor
on pro-rata basis within 56 days after receipt of
invoice, as per the unit rates indicated in the
Contract Agreement, after receipt of
materials/items at site and on presentation of the
invoices along with supporting documents by the
Contractor. However, these charges will be subject
to a limitation that the aggregate of all invoices
does not exceed the total amount indicated in the
Contract Agreement
Five percent (5%) of the total or pro rata value of

services performed by the Contractor as evidenced by
the Employer’s authorization of the Contractor’s
monthly applications, upon issue of the Performance
Certificate, within 56 days after receipt of invoice.
Schedule No. 4 - Design Services:

In respect of other items and services, the
following payments shall be made:
Ten percent (10%) of the total amount as an advance

payment against receipt of invoice and an irrevocable
advance payment security for the equivalent amount
made out in favor of the Employer.
Eighty five percent (85%) of the total or pro rata

amount other items and services amount, as listed in
Schedule No. 4, performed by the Contractor,
evidenced by the Employers’ authorization of the
Contractor’s application, will be made within 56 days
after receipt of invoice.

Schedule No. 5 - Installation and other Services:

In respect of erection, installation, commissioning
services and other works, the following payments
shall be made:
Ten percent (10%) of the total services amount as an


proportion to the value of Work performed by the
Contractor as evidenced by the invoices for services.
Eighty percent (80%) of the measured value of Work

performed by the Contractor, as identified in the said
Progress Report, during the preceding month, as
evidenced by the Employer’s authorization of the
Contractor’s application, will be made monthly within
56 days after receipt of invoice.

monthly applications, upon issue of the Taking Over

Schedule No. 6 - ESHS Requirements:
Ten percent (10%) of the total services amount as an

proportion to the value of Work performed by the
Contractor as evidenced by the invoices for services.
Eighty percent (80%) of the measured value of ESMP

Requirements performed by the Contractor, as
identified in the said Progress Report, during the
preceding month, as evidenced by the Employer’s
authorization of the Contractor’s application, will be
made monthly within 56 days after receipt of invoice.

ESMP services performed by the Contractor as
Contractor’s monthly applications, upon issue of the
Taking Over Certificate, within 56 days after receipt of
invoice.

ESMP services performed by the Contractor as
Contractor’s monthly applications, upon issue of the
Performance Certificate, within 56 days after receipt
of invoice.
Ninety five percent (95%) of the value of Operation and

Maintenance performed by the Contractor, as
Contractor’s application, will be made at the end of
each year of O&M (annually) within 56 days after
receipt of invoice.
Five percent (5%) of the total value of O&M services

performed by the Contractor as evidenced by the
Employer’s authorization of the Contractor’s
applications, upon issue of the Performance
Payment Procedures:
When applying for certification and making

payments, the procedures shall be as follows:
a. Foreign Currency
The Employer shall make/arrange payments
promptly within fifty six (56) days of
submission of an invoice/claim by the
Contractor, complete in all respects and
supported by the requisite documents and
fulfillment of stipulated conditions, if any. All
the payment shall be released to the
Contractor directly except the payment of
seventy percent (70%) of the total or pro rata
CIP amount upon Incoterm “CIP” after receipt
of invoice and shipping documents for Plant
and Equipment including mandatory spares to
be supplied from abroad by KfW on Direct
Disbursement basis based on the certification
of the Employer. Necessary details to this
effect shall be tied-up with the successful
bidder.
b. Local Currency
The Employer shall make/arrange payments
promptly within fifty six (56) days of
submission of an invoice/claim by the
Contractor, complete in all respects and
supported by the requisite documents and
fulfillment of stipulated conditions, if any. All
the payment shall be released to the
Contractor directly by KfW on Direct
Disbursement basis based on the certification
of the Employer. Necessary details to this
effect shall be tied-up with the successful
bidder.
Note: Pro-rata shall refer to functionally

complete part(s) of the facilities, for
which unit rates are identified in the
contract.
c. Invoices
The Contractor shall submit the invoices
(original) in triplicate to the Project Office
whenever an invoice is required to be
submitted as per provision of the Contract.
Invoices should be duly certified by Project
Manager.
d. Documentation Required for Payment

Claims for payment must be supported by
the following documentation as specified
hereinafter; Requests for reimbursement
for the cost of equipment materials, freight,
transportation and insurance shall be
supported by the documents as specified/
required for supply of plant and equipment
(each copy to be certified by the Contractor
or the Contractor’s representative to be a
true copy of the document of which it is a
copy).
Application for payment upon shipment:

Applications for payment upon arrival of shipment of
Plant on site shall be in accordance with the
conditions of GCC and PCC Sub-Clause 14.3
A statement in respect of Plant shipped or enroute for

delivery to the final destination broken down by each
separate shipment for which payment is claimed,
clearly identifying the Plant and its value in the order
of the Price Schedules shall be submitted to the
Employer together with the following documents:
▪ original invoice with two copies
▪ one original and two copies of clean, non-
negotiable sets of International Railway Bill
(CIM) or Airway Bill (AWB) or Bill of Lading
(BOL), or CMR, marked “Freight Prepaid” to
final destination
▪ Certificates of Origin certified by an authorized
agency in the Contractor’s country for major
components (for all other components, the
origin of the goods must be stated elsewhere)
▪ two copies of Cargo Insurance Policy in
compliance with Clause 18.2
▪ one original and one copy of packing lists
▪ one original and one copy of pre-shipment
inspection certificate
▪ one original and one copy of export
declaration
▪ confirmation of Employer/Engineer certifying

the complete arrival of the shipment on site.
This confirmation does not relieve the
Contractor from any obligation regarding the
condition and completeness of the equipment.
One set of these documents (copies only) shall be

submitted to the Engineer.
The Contractor shall notify the Employer and

Engineer in writing about the date of shipments, the
description of Plant and Material, the name of ship or
other means of transport, the date of the ship’s
departure and scheduled arrival together with other
documents mentioned below and shall furnish a copy
thereof to the Employer and Engineer at least three
weeks before the departure.
The notification shall include (i) pro-forma invoice and

(ii) border of entrance.
Should the Contractor fail to comply with the request

above, the Employer will not release the goods from
the customs and the Contractor will bear all extra-
costs and the consequences.
Application for Payment on Erection and

Construction Works:
A certificate of completion of all Works on site
providing evidence that the conditions of Sub-Clause
14.3 have been fulfilled shall be provided, certified by
the Employer and Engineer.
Disbursement Schedule:
The Contractor shall submit, together with each
application for payment/invoice, a disbursement
schedule showing invoice number, type of invoice,
invoicing date, invoiced amount, amount received,
and date received. An updated version shall be added
to the Progress Reports.
The Contractor shall submit the current status of

invoicing for each item of the supply & services, by
extending the price sheets by the following: already
invoiced amount, current invoice and invoiced
amount, remaining amount to be invoiced. An
electronic copy of the modified price sheets shall be
submitted together with each invoice.
Reimbursement Clause
Any reimbursements, guarantee or similar

claimable payments and any insurance payments
shall be made for account of the Borrower to
Account No.: 9900001460000955 maintained at

Clause
NMB Bank Limited, Babarmahal, Kathmandu
(Account holder: NEA-Promotion of Solar Energy
Project).
Plant and 14.5 The entire Sub-Clause is deleted and replaced by

the following:
Materials
intended for the The Employer shall pay to the Contractor the
Works relevant Plant and Materials intended for the Works
in accordance with the prices mentioned in the Price
Schedules, the General and Particular Conditions of
Contract and under the condition that Plant and
Materials have been delivered to and properly stored
on the site, are protected against loss, damage or
deterioration and appear to be in accordance with
the Contract.
Issue of Interim 14.6 (c) After paragraph (b) add paragraph (c) as follows:
Payment In the event of an unresolved level 3 non-compliance
Certificates specified in the ESHS Specifications, the Engineer
shall reduce the value of the Interim Payment
Certificates as follows:
(i) If Level 3 Non-conformity not resolved
after the first occurrence: by 33,3% for
the first Interim Payment Certificate
(ii) If Level 3 Non-conformity still not
resolved: by 66,6% for the second Interim
Payment Certificate
(iii) If Level 3 Non-conformity still not
resolved: by 100% for the third Interim
Payment Certificate
If the Level 3 Non-conformity is still not resolved after

the last Interim Payment Certificate in (iii) above then
payments will be suspended indefinitely until such
time as the Level 3 Non-conformity has been
resolved.
Following the resolution of the Level 3 Non-
Conformity, the reduction(s) will be included in the
next Interim Payment Certificate for payment. No
interest will be paid on any reductions or suspended
payment amounts.

Clause
Time for Payment 14.7 In (b) after “56 days” and before “after” insert:
of Interim “or such time as may be stated in the Contract Data”
Payment Delete the last paragraph of Sub-Clause 14.7 and
Certificates replace by:
All the payments to the Contractor, and as stated in
the Contract Data, will be made in the currency
mentioned in the Contract and under the conditions
mentioned in the Contract.
Add at the end of Sub-Clause 14.7:

Part of payments shall be conducted in accordance
with the Direct Disbursement Procedure of KfW
Development Bank. The remaining portion of
payments shall be conducted in accordance with NEA
Procedures.
KfW shall disburse both the Advance Payment and
the retention money to the Contractor. Furthermore,
KfW shall pay the amount certified in each Interim
Payment Certificate until the funds from KfW, the one
dedicated to the interim payment, are used. After the
complete utilization of these KfW funds, NEA will will
pay to the contractor the amount certified in each
Interim Payment Certificate until the Project
completion.
”
Contractor’s 14.7 In the last sentence after “Contractor” insert:
Bank Account “and as stated in the Contract Data”
Delayed Payment 14.8 In the second paragraph after “Conditions,” add:
Interest “for local currency payments only”
Replace the second paragraph by the following:
These financing charges shall be calculated on the basis
of the amount defined in Contract Data.

Clause
Payment of 14.9 Insert at the beginning of Sub-Clause 14.9:
Retention Money The amount of the Retention Money shall be as stated
in the Contract Data. The Retention Money shall be
certified by the Employer for payment to the
Contractor upon the occurrence of the following
conditions:
The Taking-Over Certificate has been issued and the

Works has been passed successfully all specified
tests.
Replace the words “first half of the Retention

Money” in the first paragraph by “the first part of
the Retenion Money”.
Replace the words “the second half” in the

second paragraph by “the second part”.
In the first paragraph, delete first sentence and

replace by the sentence:
"Unless otherwise stated in the Particular Conditions,
when the Taking-Over Certificate has been issued for
the Works, and the first half of the Retention Money
has been certified for payment by the Engineer, the
Contractor may substitute a guarantee issued by a
Contractor and requiring the Bank's non-objection, for
the second half of the Retention Money. The
guarantee for the release of the Retention Money has
to be acceptable in form and substance to the KfW."
In the fourth paragraph, replace the words “of

either half” with the words “of either part”.
Statement at 14.10 In the 1st paragraph, replace “six copies” by “the
Completion number of copies stated in the Contract Data”
Application for 14.11 In the 1st paragraph, replace “six copies” by “the
Final Payment number of copies stated in the Contract Data”
Certificate

Clause
Taxation 14.16 Add the following sub-clause 14.16
In Nepal
General:
(a) Unless otherwise specifically declared in the
contract documents, the prices quoted by the bidder
in their bid and its suppliers and subcontractors shall
include business taxes and other taxes that may be
levied in accordance with the laws and regulations in
force or in effect in Nepal as of 28 days prior to the
closing date for submission of tenders in the
Employer's country on the Equipment, Plant,
Materials and Supplies (permanent, temporary and
consumables) acquired for the purpose of the
Contract and on the services performed under the
Contract. Whatsoever provisions made in the
Contract document shall not relieve the Contractor, its
suppliers and subcontractors from their responsibility
to pay income tax that may be levied in the Employer's
country on profits made by the Contractor, its
suppliers and subcontractors in respect of the
Contract.
(b) Value Added Tax (VAT): the Contractor,

Subcontractor or its nominated Subcontractor, shall
be eligible for a refund of Value Added Tax (VAT) on
all imported equipment and materials to be supplied
and delivered exclusively for use in the Project.
(c) In the event that the origin of any of the

Contractor’s or its Subcontractor’s or the nominated
Subcontractor’s plant, equipment and materials is
India, the provisions for the exemption of customs
duties and VAT as is mentioned in this clause shall be
applied only under the following conditions. Failure to
comply with these conditions will result in application
of normal customs duties, VAT as per prevailing rules
and regulations of Government of Nepal (GoN).
a) Should the Contractor request payment (in
other convertible currencies), the equipment
and materials must have been imported under
“In Bond Transfer Procedures”.
Staff Income Tax:

The Contractor's staff, personnel and laborers, and
those of its subcontractors, will be liable to pay
personal income taxes in the Employer's country,
irrespective of whether they are local or foreign
nationals on income earned including salaries and
wages as applicable under the laws and regulations
of Nepal. The Contractor shall perform such duties in
regard to Tax Deduction at Source (TDS) thereof as
may be applicable by such laws and regulations.
Import License:
The Contractor shall inform the Employer and the
Engineer in writing the details of the equipment and
materials to be imported into Nepal for use on the
Works at least 56 days prior to arrival of shipment at
disembarkation port and shall submit a formal written
request for assistance from the Employer for
importation processing. The Employer will assist the
Contractor to obtain necessary permits for import of
such equipment and materials into Nepal. Import
license fees or any other charges shall be at the cost
of the Contractor. The Contractor shall be responsible
for transport from the Port of disembarkation to the
Site or location of the Works. The Contractor shall be
fully responsible to determine these rates and the
amount payable at the time of preparing tender
document and include such costs in its bids. In failing
to do so, the Employer shall not be liable to pay such
costs and the Contractor shall pay such charges as
local or any customs authorities en-route may impose,
which will not be an eligible item for refund from the
Employer.
Duties on Equipment, Plant, Materials and Supplies:

(a) Notwithstanding the provisions of this document,
the Contractor's Plant and Equipment, including

Clause
essential tools thereof, imported for the sole purpose
of executing the Contract on condition of re-export
upon completion of the Works, shall be exempt from
payment of customs duties, VAT and applicable
taxes. However, the Contractor shall deposit the
amount or provide a Bank Guarantee to the GoN
Customs office equal to amount of customs duties
and other taxes as per the prevailing laws, rules and
regulations of Nepal for those imported equipment,
plant, materials and supplies at the time of import.
Such deposited amounts shall be refunded, or the
Bank guarantee cancelled by the Customs Office after
Re-export of those imported equipment, plant,
materials and supplies.

Clause
(a) Any plant, materials or supplies imported (e.g. for
temporary use) by the Contractor for the
performance of the Works but not incorporated in
the Works shall be taken out of Nepal within 90
(Ninety) days from the date of issuance of the
Performance Certificate. If the Contractor
disposes off or consumes any equipment, spare
parts, materials or supplies within Nepal, it shall
pay all customs duties, VAT, income tax on the
sales proceeds and taxes applicable on such items
under the laws and regulation of Nepal in force.
(b) Equipment, plant, materials and supplies,
imported by the Contractor for execution of the
Works, shall be subject to payment of customs
duty at a special rate of one percent (1%) of CIP
or Customs entry point value. This customs duty
shall be paid by the Contractor at the time of import
and will be reimbursed by the Employer to the
Contractor upon submission of the original receipt
issued by the Customs Department.
(c) VAT shall be exempted on all imported materials
& equipment purchased for the use in the Works
(shall be reimbursed by the Employer in case the
Employer is unable to avail exempt facility).
(d) VAT applicable on plant & equipment supplied
directly from manufacturing plant in the Employer's
country shall be reimbursed.
(e) The Contractor shall maintain records satisfactory
to the Employer documenting use of all Plant,
Materials and Supplies imported into and/or
procured for the performance of the Works. If any
of such Plant, Materials and/or Supplies, imported
into Nepal or otherwise supplied to the Project at a
special or preferential rate of Customs Duties or
taxes, are misused or found to be used or
appropriated for any purpose other than the
Project, the Contractor shall be held fully
responsible, and liable to pay customs duties, VAT
and other taxes and/or any penalties as may be
imposed in accordance with the prevailing laws
and regulations of Nepal.
(f) Income tax assessed in accordance with the
prevailing Income Tax Act of Nepal and as per the
provision of any specific Double Taxation
Agreement, shall be imposed on the Contractor, its
sub-contractors and nominated subcontractors.
An advance income tax as per the prevailing
income Tax Act and Finance Act shall be deducted
from the monthly progress payment of the
Contractor.

Clause
(g) Except Custom Duty & VAT as specified above,
the Contractor shall pay all duties, taxes, fees and
contributions levied in Nepal in Nepalese Rupees
as directed by the relevant governmental
department or office, or any other local statutory
agency or body in accordance with the relevant
rules and regulations.
(h) The Contractor or nominated subcontractors

employed on the Works are subject to Tax
Deduction at Source (TDS) as below:
• For the goods supplied from abroad to Nepal
and payment to be received abroad: 5% of the
taxable invoiced amount.
• For the goods supplied from abroad to Nepal
and payment to be received in Nepal: 1.5% of
the taxable invoiced amount against the VAT
invoice.
(i) The provisions of this clause shall apply equally to

foreign subcontractors or nominated
subcontractors of the Contractor employed for the
Works.
(j) The Contractor and any foreign subcontractors or
nominated subcontractors employed on the
Works, if not already registered in Nepal, shall be
required to get registered with the Inland Revenue
Department (IRD) for the purpose of the Contract,
which shall be undertaken within 28 days after
signing of the Contract Agreement. The
Contractor, sub-contractor or the nominated
subcontractor shall submit Certified copies of the
Registration Certificate(s) to the Project Manager
within 14 days of registration.
Other local fees and charges (toll taxes) shall be

applied in accordance with the prevailing laws and
regulations of Nepal.
Corrupt or 15.6 Add the following at the end of the Sub-Clause:
Fraudulent
“In addition to the provisions of this Sub-Clause, the
Practices
Contractor is also bound by the provisions found
under Appendix 1 to the Particular Conditions of
Contract, named “Corrupt and Fraudulent Practices
Policy – Social and Environmental Responsibility”.”
Contractor's 16.1 At the end of the second paragraph add the sentence:
Entitlement to "The Bank has no legal obligations towards the
Suspend Work Contractor and is not obliged to inform the Contractor
about suspension of disbursements or any other
circumstances or conduct."

Clause
General 18.1 In the sixth paragraph, replace the sentence:
Requirements for
Insurance
“The relevant insuring Parts shall, within the
respective periods stated in the Appendix to Tender
(calculated from the Commencement Date), submit to
the other Party”
By:
“Within the period stated in the Contract Data
(calculated from the Commencement Date), the
Contractor shall submit to the Employer:”

All insurance policies shall be valid from the date by
which the evidence and policies are to be submitted
(as per Contract Data), until the date of issue of the
Performance Certificate. The insurance shall cover an
amount of a minimum of 110% of the contract value
of the goods.
The details are provided in Appendix – 3: Insurance

Requirements, Section X.

Clause
Insurance for 18.2 Replace the second sentence of the first paragraph
Works and by:
Contractor's
This insurance shall be effective from the date by
Equipment
which the evidence and policy are to be submitted (in
line with Contract Data), until the date of issue of the
Performance Certificate.

The Contractor shall arrange an all-risk cargo
insurance, in the contractual currency, from a
reputable insurance company, covering all costs and
expenditures for insurance until the material is
covered by the inland transportation insurance.
Cargo insurance:
The contracted insurance shall be in accordance with
the Institute Cargo Clauses (A) or (AIR) or (All Risks)
and if necessary, the Institute War Clauses (Cargo) or
(AIR CARGO) and the Institute Strikes Clauses
(Cargo) or (AIR CARGO) of the Institute of London
Underwriters, 1982 edition, or any similar set of
clauses.
Inland transport insurance:

The Contractor shall arrange an all-risk insurance for
inland transportation from a reputable insurance
company against loss and damage during customs
clearance and inland transport, i.e. covering the
materials from unloading, handling, customs
clearance etc. until the material is covered by the
erection insurance.
Shipment of imported goods on deck or by any

chartered vessel over 15 years of age is prohibited
and the suppliers will be made liable to compensate
losses, damages and short deliveries etc., should
they fail to comply with the above terms and
conditions.
In addition, the Contractor will replace short and

damaged deliveries etc., of goods to ensure
completion of project erection work on time.

Clause
Insurance coverage shall be in accordance with the
prevailing laws and regulations of the Country.
Insurance costs and payments:

Insurance cover has to be taken out in freely
convertible currency as far as foreign exchange costs
are concerned.
The insurance cover note shall provide for payments

to be made for the account of the Employer directly.
The details are provided in Appendix – 3: Insurance

Requirements, Section X.

Clause
Insurance against 18.3 The first paragraph is replaced by:
injury to Persons
The Contractor in accordance with governing law
and Damage to
shall effect and maintain a professional indemnity
Property
insurance, which shall cover his and his
Subcontractors’ (if any) professional negligence
liability for any loss, damage, death or bodily injury
which may occur to any physical property (except
things insured under Sub-clause 18.2) or to any
person (except persons insured under Subclause
18.4).
This insurance shall be in full force and effect per each

year during the performance of the Contract until the
issue of the Performance Certificate. The Contractor
undertakes to notify the Employer promptly of any
difficulty in extending, renewing or reinstating this
insurance.
Sub-paragraph (b) is revised as follows:

(b)shall be in the name of the Contactor as party
insured.
Add at the end of the sub-clause:

The insured liability limit per event shall be the
Contract Price. When the event causing insurance
payments has been occurred, the Contractor shall
recover the balance up to the amount of insured
liability limit.
Deductible limits shall be no more than 5% of the

amount for each event.
Validity: from the Commencement Date of the

Contract until the issue of the Performance
Certificate.

Clause
Claims, Disputes 20.1 Insert at the end of the first paragraph:
and Arbitration
The notice shall include a reference to this sub-clause
20.1. The notice shall be in writing (fax or letter and
will not be accepted as such if submitted and/or
included in another document, e.g. progress report
etc.). For each Claim a separate Claim Notice shall be
submitted by the Contractor.
Any notice not fulfilling these requirements will be

considered as failure to notify a claim.
The approval time of the Engineer and NEA (42 days)

does not include any approval time required by KfW.
Failure to Agree 20.3 Add at the end of the first sentence of the last
Dispute paragraph after the words "of the DAB" the words "out
Adjudication of the international or related national lists of certified
Board adjudicators"

The appointing entity or official shall be as indicated
in the Contract Data.
Arbitration 20.6 Insert before the first words of the first paragraph the
words:
"Subject to the provisions of Sub-Clause 20.7"
Failure to Comply 20.7 Replace Sub-Clause 20.7 as follows:
with Dispute
If a Party fails to comply with the Decision of the
Adjudication
Dispute Adjudication Board, then the other Party may,
Board's Decision
without prejudice to any other rights it may have, refer
the failure itself to arbitration under Sub-Clause 20.6
[Arbitration].
Sub-Clause 20.4 [Obtaining Dispute Adjudication

Board’s Decision] and Sub-Clause 20.5 [Amicable
Settlement] shall not apply to this reference.
Appendix 1 to Particular Conditions of Contract

KfW Policy – Sanctionable Practice –
1. Sanctionable Practice
The PEA and the Contractors (including all members of a Joint Venture and
proposed or engaged Subcontractors) must observe the highest standard of ethics
during the Tender Process and performance of the Contract.
By signing the Declaration of Undertaking the Contractors declare that (i) they did
not and will not engage in any Sanctionable Practice likely to influence the Tender
Process and the corresponding Award of Contract to the PEA’s detriment, and that
(ii) in case of being awarded a Contract they will not engage in any Sanctionable
Practice.
Moreover, KfW requires to include in the Contracts a provision pursuant to which
Contractors must permit KfW and in case of financing by the European Union also
to European institutions having competence under European law to inspect the
respective accounts, records and documents relating to the Tender Process and
the performance of the Contract , and to have them audited by auditors appointed
by KfW.
KfW reserves the right to take any action it deems appropriate to check that these
ethics rules are observed and reserves, in particular, the rights to:
(a) reject an Offer for Award of Contract if during the Tender Process the Bidder
who is recommended for the Award of Contract has engaged in Sanctionable
Practice, directly or by means of an agent in view of being awarded the
Contract;
(b) declare misprocurement and exercise its rights on the ground of the Funding
Agreement with the PEA relating to suspension of disbursements, early
repayment and termination if, at any time, the PEA, Contractors or their legal
representatives or Subcontractors have engaged in Sanctionable Practice
during the Tender Process or performance of the Contract without the PEA
having taken appropriate action in due time satisfactory to KfW to remedy the
situation, including by failing to inform KfW at the time they knew of such
practices.
KfW defines, for the purposes of this provision, the terms set forth below as follows:
Coercive Practice The impairing or harming, or threatening to impair or harm,

directly or indirectly, any person or the property of the person
with a view to influencing improperly the actions of a person.
Collusive Practice An arrangement between two or more persons designed to

achieve an improper purpose, including influencing
improperly the actions of another person.
Corrupt Practice The promising, offering, giving, making, insisting on,

receiving, accepting or soliciting, directly or indirectly, of any
illegal payment or undue advantage of any nature, to or by
any person, with the intention of influencing the actions of any
person or causing any person to refrain from any action.
Fraudulent Practice Any action or omission, including misrepresentation that

knowingly or recklessly misleads, or attempts to mislead, a
person to obtain a financial benefit or to avoid an obligation.
Obstructive Means (i) deliberately destroying, falsifying, altering or

Practice concealing evidence material to the investigation or the
making of false statements to investigators, in order to
materially impede an official investigation into allegations of a
Collusive Practice, or threatening, harassing or intimidating
any Person to prevent them from disclosing their knowledge
of matters relevant to the investigation or from pursuing the
investigation, or (ii) any act intended to materially impede the
exercise of KfW's access to contractually required information
in connection with an official investigation into allegations of a
Collusive Practice.
Sanctionable Any Coercive Practice, Collusive Practice, Corrupt Practice,

Practice Fraudulent Practice or Obstructive Practice (as such terms
are defined herein) which is unlawful under the Financing
Agreement.
2. Social and Environmental Responsibility

Projects financed in whole or partly in the framework of Financial Cooperation have
to ensure compliance with international Environmental, Social, Health and Safety
(ESHS) standards (including issues of sexual exploitation and abuse and gender
based violence) Contractors in KfW-financed projects shall consequently
undertake in the respective Contracts to:
(a) comply with and ensure that all their Subcontractors and major suppliers,
i.e. for major supply items comply with international environmental and
labour standards, consistent with applicable law and regulations in the
country of implementation of the respective Contract and the fundamental
conventions of the International Labour Organisation18 (ILO) and
international environmental treaties and;
discrimination.
(b) implement any environmental and social risks mitigation measures, as

identified in the environmental and social impact assessment (ESIA) and
further detailed in the environmental and social management plan (ESMP)
as far as these measures are relevant to the Contract and implement
measures for the prevention of sexual exploitation and abuse and gender-
based violence.
241 Section X. Contract Forms
Section X. Contract Forms
Table of Forms
Notification of Award............................................................................................242
Contract Agreement .............................................................................................243
Performance Security...........................................................................................255
Advance Payment Security..................................................................................257
Retention Money Security....................................................................................259
Section X. Contract Forms 242
Notification of Award
Letter of Acceptance
[Letterhead paper of the Employer]
[Date]
To: [name and address of the Contractor]
This is to notify you that your Bid dated [date] for execution of the [name of the Contract
and identification number, as given in the Contract Data] for the Contract Price [amount
in numbers and words] [name of currency], as corrected and modified in accordance
with the Instructions to Bidders, is hereby accepted by our institution.
You are requested to furnish the Performance Security within 28 days in accordance
with the Conditions of Contract, using for that purpose the Performance Security Form
included in Section X, Contract Forms, of the Bidding Documents.
Authorized Signature:
Name and Title of Signatory:
Name of institution:
Attachment: Contract Agreement
Contract Agreement
THIS AGREEMENT made the ________ day of ________________________, _____,

between ______________________________________of __________________________
(hereinafter “the Employer”), of the one part, and ______________________ of
_____________________ (hereinafter “the Contractor”), of the other part:
WHEREAS the Employer desires that the Works known as
_______________________________ should be executed by the Contractor, and has
accepted a Bid by the Contractor for the execution and completion of these Works and the
remedying of any defects therein, in the sum of [insert Contract Price or Ceiling in words and
figures, expressed in the Contract currency(ies)] (hereafter called “the Contract Price”).
The Employer and the Contractor agree as follows:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Contract documents referred to.
2. The following documents shall be deemed to form and be read and construed as part of
this Agreement. This Agreement shall prevail over all other Contract documents.
(i) The Letter of Acceptance;
(ii) The Letter of Bid (including the signed Declaration of Undertaking);
(iii) The addenda Nos ________(if any);
(iv) The Particular Conditions including Appendix 1;
(v) The General Conditions;
(vi) The Employer’s Requirements;
(vii) The completed Schedules; and
(viii) The Contractor’s Bid and any other documents forming part of the contract.
3. The Appendixes listed in the attached List of Appendixes shall be deemed to form an
integral part of this Contract Agreement:
Appendix 1 - Price Adjustment
Appendix 2 - Insurance Requirements
Appendix 3 - Time Schedule
Appendix 4 - List of Major Items of Plant and Services and List of Approved
Subcontractors
Appendix 5 - Scope of Works and Supply by the Employer
Appendix 6 - List of Documents for Approval or Review
Appendix 7 - Functional Guarantees
Reference in the Contract to any Appendix shall mean the Appendixes attached hereto,
and the Contract shall be read and construed accordingly.
4. In consideration of the payments to be made by the Employer to the Contractor as specified

in this Agreement, the Contractor hereby covenants with the Employer to execute the
Works and to remedy defects therein in conformity in all respects with the provisions of the
Contract.
5. The Employer hereby covenants to pay the Contractor in consideration of the execution
and completion of the Works and the remedying of defects therein, the Contract Price 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 Agreement to be executed in
accordance with the laws of _____________________________ on the day, month and year
specified above.
Signed by ________________________________________________ (for the Employer)
Signed by __________________________________________________ (for the Contractor)
Appendix 1 - Price Adjustment
Not Applicable
APPENDIX 2 - INSURANCE REQUIREMENTS
(A) Types of Insurance to Be Taken Out by the Contractor
In accordance with the provisions of GCC Clause 34, the Contractor shall at its expense
take out and maintain in effect, or cause to be taken out and maintained in effect, during
the performance of the Contract, the types of insurance set forth below in the sums and
with the deductibles and other conditions specified. The identity of the insurers and the
form of the policies shall be subject to the approval of the Employer, such approval not
to be unreasonably withheld.
(a) Cargo Insurance

Covering loss or damage occurring, while in transit from the supplier’s or manufacturer’s
works or stores until arrival at the Site, to the Facilities (including spare parts therefore)
and to the construction equipment to be provided by the Contractor or its
Subcontractors.
Deductible Parties
Amount From To
limits insured
[in [in
[names] [place] [place]
currency(ies)] currency(ies)]
110% of total price
Dispatch Site
for plant and (*) Contractor
Certificate Delivery
equipment
(*) Excess 5% of claimed amount subject to minimum of NRs. 20,000 for Normal and
NRs. 80,000 for act of God perils and collapse.
(b) Installation All Risks Insurance

Covering physical loss or damage to the Facilities at the Site, occurring prior to
completion of the Facilities, with an extended maintenance coverage for the
Contractor’s liability in respect of any loss or damage occurring during the defect liability
period while the Contractor is on the Site for the purpose of performing its obligations
during the defect liability period.
Deductible Parties
Amount From To
limits insured
[in [in
110% of total price
Site Final
for plant and (*) Contractor
Delivery Acceptance
equipment
(*) Excess 5% of claimed amount subject to minimum of NPRs. 500,000 for Normal and
NPRs. 15,000,000 for testing period
(c) Third Party Liability Insurance
Covering bodily injury or death suffered by third parties (including the Employer’s
personnel) and loss of or damage to property (including the Employer’s property and
any parts of the Facilities that have been accepted by the Employer) occurring in
connection with the supply and installation of the Facilities.
Deductible Parties
Amount From To
limits insured
[in [in
currency(ies) currency(ies) [names] [place] [place]
] ]
NRs. Contractor’ Final
Commenceme
1,000,000 as s Acceptanc
nt of work
in (b) above Employee e
NRs. Final
Third Party Commenceme
1,000,000 as Acceptanc
Personnel nt of work
in (b) above e
NRs. Final
Third Party
1,000,000 as Site Delivery Acceptanc
Personnel
in (b) above e
(d) Automobile Liability Insurance

Covering use of all vehicles used by the Contractor or its Subcontractors (whether
owned by them or not) in connection with the supply and installation of the Facilities.
Comprehensive insurance in accordance with statutory requirements.
(e) Workers’ Compensation

In accordance with the statutory requirements applicable in any country where the
Facilities or any part thereof is executed.
(f) Employer’s Liability

In accordance with the statutory requirements applicable in any country where the
Facilities or any part thereof is executed.
(g) Other Insurance

The Contractor is also required to take out and maintain at its own cost the following
types of insurance:
Details:
Deductible
Amount Parties insured From To
limits
[in [in
The Employer shall be named as co-insured under all insurance policies taken out by
the Contractor pursuant to GCC Subclause 34.1, except for the Third Party Liability,
Workers’ Compensation, and Employer’s Liability Insurance, and the Contractor’s
Subcontractors shall be named as co-insureds under all insurance policies taken out by
the Contractor pursuant to GCC Subclause 34.1, except for the Cargo, Workers’
Compensation and Employer’s Liability Insurance. All insurer’s rights of subrogation

against such co-insureds for losses or claims arising out of the performance of the
Contract shall be waived under such policies.
(B) Types of Insurance to Be Taken Out by the Employer
The Employer shall at its expense take out and maintain in effect during the performance
of the Contract the following insurance policies. NONE
Details:
Deductible
Amount Parties insured From To
limits
[in [in
APPENDIX 3 - TIME SCHEDULE
The Completion Schedule shall be as follows:
Sl. Completion of Duration in Days from the

No. Effective Date of Contract
1.0 365 days
1.1 The activity(ies) under the Contractor’s program for Project Completion shall be in the
form of a master network (MNW) and shall identify the various activities like design,
engineering, manufacturing, supply, installation, factory testing, transportation to site,
site testing and commissioning, trial operation and Taking Over etc. of the Facilities or
specific part thereof (where specific parts are specified in SCC). The network shall
conform to the above Project Completion Schedule.
This master network will be discussed and agreed before Award in line with above,
engineering drawing and data submission schedule shall also be discussed and finalized
before Award. Liquidated damages for delay in successful completion of the Facilities or
specific part thereof (where specific parts are specified in SCC) and Operational
Acceptance at rates specified in relevant SCC clause shall be applicable beyond the
date specified above.
1.2 The Employer reserves the right to request minor changes in the work schedule at the
time of Award of Contract to the successful Bidder.
1.3 The successful Bidder shall be required to prepare detailed Network(s) and project
implementation plans & program and finalize the same with the Employer as per the
requirement specified in Technical Specifications, which shall from a part of the
Contract.
APPENDIX 4 - LIST OF MAJOR ITEMS OF PLANT AND SERVICES AND LIST OF APPROVED
SUBCONTRACTORS
A list of major items of plant and services is provided below.
The following Subcontractors and Manufacturers are approved for carrying out the item
of the facilities indicated. Where more than one Subcontractor is listed, the Contractor
is free to choose between them, but it must notify the Employer of its choice in good
time prior to appointing any selected Subcontractor. In accordance with GCC
Subclause 19.1, the Contractor is free to submit proposals for Subcontractors for
additional items from time to time. No Subcontracts shall be placed with any such
Subcontractors for additional items until the Subcontractors have been approved in
writing by the Employer and their names have been added to this list of Approved
Subcontractors.
Major Items of
Approved Subcontractors and
Plant and Nationality
Manufacturers
Services
APPENDIX 5 - SCOPE OF WORKS AND SUPPLY BY THE EMPLOYER
Personnel, facilities, works, and supplies will NOT be provided or supplied by the
Employer.
APPENDIX 6 - LIST OF DOCUMENTS FOR APPROVAL OR REVIEW
Pursuant to GCC Clause 5 Design, the Contractor shall prepare, or cause its
Subcontractor to prepare, and present to the Project Manager the following documents
for
(A) Approval
1. Work Program
2. Work Procedure
3. Manufacturers, prior to placing of order
4. Design, calculations and drawings of Plant & Equipment
5. All Civil design and drawings
(B) Review
None
APPENDIX 7 - FUNCTIONAL GUARANTEES
Refer to Functional Guarantees in Employer’s Requirements, Section 6.4.3.1
Performance Security

PERFORMANCE GUARANTEE No.: [Insert guarantee reference number]
letterhead]
We have been informed that [Insert name and address of contractor, which in the case
of a joint venture shall be the name and address of the joint venture] (hereinafter called
“the Applicant”) has entered into Contract No. [Insert reference number of the contract]
dated [Insert contract date] with the Beneficiary, for the execution of [Insert object of
the contract and brief description of Works] (hereinafter called “the Contract”).
Furthermore we understand that, according to the conditions of the Contract, a
performance guarantee is required for [Insert percentage in words and figures] % of
the contract price.
independently undertake to pay the Beneficiary any sum or sums not exceeding in total
an amount of [Insert guarantee amount and currency in words and figures]19 upon
receipt by us of the Beneficiary’s first demand, supported by the Beneficiary’s
statement, whether in the demand itself or a separate signed document accompanying
or identifying the demand, stating that the Applicant is in breach of its obligation(s)
under the Contract, without the Beneficiary needing to prove or to show grounds for
the demand or the sum specified therein.
In the event of any claim under this guarantee, payment shall be effected to account
No.: 9900001460000955 maintained at NMB Bank Limited, Babarmahal, Kathmandu
(Account holder: NEA-Promotion of Solar Energy Project)
telecommunication.
It is understood that you will return this guarantee to us on expiry or after payment of
the total amount to be claimed hereunder.
[As preferred option regarding guarantee rules insert21: This guarantee is subject to
the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication
No. 758, except that the supporting statement under Article 15(a) is hereby excluded.]
19 This guarantee shall be issued in the contract currency only.

20 This guarantee shall be valid for at least 28 days from the date of contractual contract completion
(including warranty obligations).
21 In the case the issuing bank will not add the preferred option, the following must be added instead:
This guarantee is governed by the laws of [Insert country of jurisdiction]. Note: the country of
jurisdiction shall be the country where the bank’s branch issuing the guarantee is physically located.
Place, date Guarantor’s authorized signature(s)
Advance Payment Security

ADVANCE PAYMENT GUARANTEE No.: [Insert guarantee reference number]
letterhead]
Furthermore we understand that, according to the conditions of the Contract, an
advance payment in the sum of [Insert amount and currency in words and figures]22,
representing [Insert percentage in words and figures] % of the contract price, is to be
made against an advance payment guarantee.
independently undertake to pay the Beneficiary, any sum or sums not exceeding in
total an amount of [Insert guarantee amount and currency in words and figures] upon
receipt by us of the Beneficiary’s first demand, supported by the Beneficiary’s
statement, whether in the demand itself or a separate signed document accompanying
or identifying the demand, stating that the Applicant is in breach of its obligation(s)
under the Contract, without the Beneficiary needing to prove or to show grounds for
the demand or the sum specified therein.
The advance payment guarantee shall come into force and effect as soon as the
advance payment has been credited to the Applicant on its account. Minor deductions
of the above mentioned amount notably due to bank fees shall have no effect on the
entry into force.
[For guarantees issued in foreign currency insert the following:
In the event of any claim under this guarantee, payment shall be effected to [Either
insert the account on which payments are to be made with prior approval from KfW or,
if no particular account is provided, insert instead:] KfW, Frankfurt am Main (BIC:
KFWIDEFF, BLZ 500 204 00), account no. 38 000 000 00 (IBAN: DE53 5002 0400
3800 0000 00), for the account of [Insert name of the Purchaser and the Purchaser’s
country].
[For guarantees issued in local currency insert the following:
In the event of any claim under this guarantee, payment shall be effected to [Insert the
account on which payments are to be made], for the account of [Insert name of the
Purchaser and the Purchaser’s country].
The maximum amount of this guarantee shall be progressively reduced by the amount
of the advance payment repaid by the Applicant as specified in copies of interim
22 This guarantee must be issued in the contract currency only.
statements or payment certificates which shall be presented to us. This guarantee shall
expire, at the latest, upon our receipt of a copy of the interim payment certificate
indicating that ninety (90) per cent of the Accepted Contract Amount, less provisional
sums, has been certified for payment, or on the [Insert date], whichever is earlier.
Consequently, any demand for payment under this guarantee must be received by us
at this office on or before that date, by letter or encoded telecommunication.
23 In the case the issuing bank will not add the preferred option, the following must be added instead:
jurisdiction shall be the country where the bank’s branch issuing the guarantee is physically
located.
Retention Money Security

RETENTION MONEY GUARANTEE No.: [Insert guarantee reference number]
letterhead]
Furthermore we understand that, according to the conditions of the Contract, the
Beneficiary retains moneys up to the limit set forth in the Contract (“the Retention
Money”), and that when the Taking-Over Certificate has been issued under the
Contract and the first half of the Retention Money has been certified for payment,
payment of [insert the second half of the Retention Money or if the amount guaranteed
under the Performance Guarantee when the Taking-Over Certificate is issued is less
than half of the Retention Money, the difference between half of the Retention Money
and the amount guaranteed under the Performance Security] is to be made against a
Retention Money guarantee.
independently undertake to pay the Beneficiary any sum or sums not exceeding in total
an amount of [insert guarantee amount and currency in words and figures] 24 upon
receipt by us of the Beneficiary’s first demand supported by the Beneficiary’s
statement, whether in the demand itself or in a separate signed document
accompanying or identifying the demand, stating that the Applicant is in breach of its
obligation(s) under the Contract, without the Beneficiary needing to prove or show
grounds for the demand or the sum specified therein.
The retention money guarantee shall come into force and effect as soon as the second
half of the Retention Money has been credited to the Applicant on its account. Minor
deductions of the above mentioned amount notably due to bank fees shall have no
effect on the entry into force.
[For guarantees issued in foreign currency insert the following:
In the event of any claim under this guarantee, payment shall be effected to [either
insert the account on which payments are to be made with prior approval from KfW or,
if no particular account is provided, insert instead:] KfW, Frankfurt am Main (BIC:
KFWIDEFF, BLZ 500 204 00), account no. 38 000 000 00 (IBAN: DE53 5002 0400
24
The Guarantor shall insert an amount representing the amount of the second half of the Retention
Money or if the amount guaranteed under the Performance Guarantee when the Taking-Over
Certificate is issued is less than half of the Retention Money, the difference between half of the
Retention Money and the amount guaranteed under the Performance Security and denominated in
the contract currency(ies) only.
3800 0000 00), for the account of [Insert name of the Purchaser and the Purchaser’s
country].
[For guarantees issued in local currency insert the following:
In the event of any claim under this guarantee, payment shall be effected to [Insert the
account on which payments are to be made], for the account of [Insert name of the
Purchaser and the Purchaser’s country].
telecommunication.
25Insert the same expiry date as set forth in the performance security, representing the date twenty-
eight days after the completion date described in the Appendix to Bid. The Employer should note that
in the event of an extension of this date for completion of the Contract, the Employer would need to
request an extension of this guarantee from the Guarantor. Such request must be in writing and must
be made prior to the expiration date established in the guarantee. In preparing this guarantee, the
Employer might consider adding the following text to the form, at the end of the penultimate
paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to
exceed [six months][one year], in response to the Beneficiary’s written request for such extension,
such request to be presented to the Guarantor before the expiry of the guarantee.”
26In the case the issuing bank will not add the preferred option, the following must be added instead:
jurisdiction shall be the country where the bank’s branch issuing the guarantee is physically located.

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NEPAL ELECTRICITY AUTHORITY

(An Undertaking of Government of Nepal)

KfW Development Bank (No.: 2019 69 203)

THE PROCUREMENT OF UTILITY-SCALE GROUND

INTERNATIONAL COMPETITIVE BIDDING (ICB)

Single-Stage, Two Envelope

Issued on: 22nd July 2024

Invitation for Bids

A complete set of bidding documents is available to the interested Bidders at

German Financial Cooperation with the Federal

Democratic Republic of Nepal

Promotion of Solar Energy in Rural and Semi-urban

Procurement of utility-scale ground-mounted

Employer: Nepal Electricity Authority (NEA)

ICB No.: ICB-SEPP-EPC-SOLAR-01/2024-KfW-BMZ-

PART 1 – Bidding Procedures .................................................................7

PART 2 – Employer’s Requirements ...................................................124

PART 3 – Conditions of Contract (CC) and Contract Forms .............189

PART 1 – BIDDING PROCEDURES

Section I. Instructions to Bidders

B. Contents of Bidding Documents .......................................................12

C. Preparation of Bids ............................................................................15

D. Submission and Opening of Bids .....................................................26

E. Evaluation of Technical Bids .............................................................30

F. Evaluation and Comparison of Financial Bids .................................33

G. Award of Contract ..............................................................................37

Section I. Instructions to Bidders

(b) Except where the context requires otherwise,

(c) “Day” means calendar day.

4. Eligible Bidders 4.1 A Bidder may be a private entity or a government-

specifications of the works that are the subject

5. Eligible Materials, 5.1 The Plant and Installation Services to be supplied

B. CONTENTS OF BIDDING DOCUMENTS

and which should be read in conjunction with any

PART 1 Bidding Procedures

no later than fourteen (14) days prior to the deadline

ITB 6.3. Any modification to the Bidding Documents

(i) Letter of Technical Bid, indicating the Bidder’s

(x) Any other document required in the BDS.

(b) FINANCIAL BID

12.2 The Letter of Financial Bid and appropriate Price

be accepted except as provided under ITB 20.4. All

14. Documents 14.1 To establish the eligibility of the Plant and

15. Documents 15.1 To establish its eligibility and continued

maintenance and training services and such other

included and priced under Schedule No. 4,

(f) Recommended spare parts shall be quoted

charges, which shall apply, in terms of the

of a Bid Security, in the amount and currency

20.3 The Bid Security shall be a demand guarantee in the

20.8 The Bid Security of a JV shall be in the name of the

21.4 Any inter-lineation, erasures, or overwriting shall be

D. SUBMISSION AND OPENING OF BIDS

for the misplacement or premature opening of the

23.2 The Employer may, at its discretion, extend the

In the first public session, only the Bidders’

modification; Power of Attorney, nominating the

including any discounts and alternative Financial

E. EVALUATION OF TECHNICAL BIDS