SPD RFP Underground Works Two Stage SEASH July 2023

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STANDARD PROCUREMENT

DOCUMENT

Trial Edition
Request for Proposals
Works
Underground Works

(Two-Stage Request for Proposals, after Initial Selection)

(where the Bank’s Disqualification mechanism for non-compliance with


SEA/SH obligations applies)

July 2023
This document is subject to copyright.

This document may be used and reproduced for non-commercial purposes only. Any commercial
use, including without limitation reselling, charging to access, redistribute, or for derivative
works such as unofficial translations based on this document is not allowed.
i

Revisions

July 2023
This revision requires that the successful proposer shall submit the Beneficial Ownership
Disclosure Form in accordance with the requirements of the RFP.
This revision includes provisions to manage cyber security risk, to apply for contracts that have
been assessed to present potential or actual cyber security risks.
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Preface
This Standard Procurement Document (SPD) Request for Proposals (RFPs) for Underground
Works has been prepared by the World Bank (Bank). Underground Works as defined in the
FIDIC “Emerald book”, and applied in this SPD, means all Works located beneath the natural or
man-made surface of the earth, including ancillary surface works.

This SPD incorporates provisions to reflect, as appropriate, the Bank’s Environmental and Social
Framework (2017). This SPD also incorporates provisions on disqualification of contractors, and
their proposed subcontractor/s as applicable, from being awarded Bank financed contracts for
noncompliance with SEA/SH obligations. These provisions apply in the case of procurement of
Works for contracts under Projects assessed as high risk for Sexual Exploitation and Abuse
(SEA) and/or Sexual Harassment (SH).

This SPD shall be used for international competitive procurement, after Initial Selection, for a
Two stage Request for Proposals (RFP) selection method. If as result of the Project Procurement
Strategy for Development (PPSD), a single-stage process would be more appropriate, then the
corresponding SPD for a single-stage process should be applied. Both SPDs assume that an
initial selection has been carried out, which should normally be the case for an RFP selection
method. If the PPSD for justified reasons has not identified the need for initial selection, then the
relevant provisions of these SPDs should be modified accordingly.

This SPD applies to the procurement of Underground Works funded by IBRD or IDA financed
projects whose Legal Agreement makes reference to the Procurement Regulations for IPF
Borrowers, and where the Project Procurement Strategy for Development (PPSD) has assessed
and recommended to apply this approach for the procuremnt of Underground Works, as opposed
to application of other SPDs such as for Design and Build.

The Conditions of Contract are the “General Conditions” which form part of the “Conditions of
Contract for Underground Works (“Emerald book”), First Edition, 2019” reprinted 2023 with
amendments published by the Federation Internationale Des Ingenieurs – Conseils (FIDIC) and
the “Particular Conditions” to be used by Borrowers when applying these “General Conditions”.

An original copy of the FIDIC publication i.e., “Conditions of Contract for Underground Works”
(Emerald book) must be obtained from FIDIC.

The SPD includes mandatory requirements that the successful proposer shall submit the
Beneficial Ownership Disclosure Form in accordance with the requirements of the RFP.

Further, this revision includes provisions to manage cyber security risks, to apply for contracts
that have been assessed to present potential or actual cyber security risk.
The Conditions of Contract for Underground Works includes provisions to address the risks
related to subsurface physical conditions which are not possible to assess in advance of the
contract with adequate precision, and therefore cannot be assigned entirely to the contractor. The
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following are some the features of this contractual approach. For more information, including on
preparation of the GBR and contents recommendation, refer to the relevant notes included in the
Emerald book.

 Geotechnical Baseline Report (GBR): The GBR is very relevant to the successful
operation of this contracting approach for Underground Works. It should be prepared by
the Employer, supported as appropriate with professionals well experienced in the field,
and attached to the RFP document. The GBR, as the contractual document, and
referenced to in the contract, describes the anticipated subsurface conditions to be
encountered in the execution of the works, allocates the subsurface conditions risks
between the Employer and the Contractor.
 Geotechnical Data Report: The Employer shall also make available to proposers the
Geotechnical Data Report which includes the relevant geological, hydrogeological,
hydrology and geotechnical data.

 Schedule of Baselines sets out the Excavation and Lining Works activities and
corresponding quantities based on the subsurface physical conditions described in the
GBR, and the corresponding production rates to be provided by the proposer, based
upon, but not limited to, its own estimation of its production rates. As the subsurface
physical conditions are within the risk zone of the Employer and the production rates are
within the risk zone of the Contractor, the time available to the contractor for the
Underground Excavation and Lining Works are measured and adjusted against the
difference between the expected subsurface physical conditions (described in the GBR
and quantified in the Schedule of Baselines) and the subsurface physical conditions
encountered.

 Bill of Quantities (BoQ): Excavation and Lining Works are to be measured and paid for
using rates and prices set out in the Bill of Quantities against the Employer’s estimated
quantities. Given that normally a major portion of the costs incurred by the Contractor is
time-related (such as overheads, depreciation and maintenance of equipment) rather than
quantities-related, , the BoQ should distinguish between time-related items, quantity-
related items and fixed- rate items for the execution of the Works. All other works (e.g.,
ancillary surface works) are to be paid on a lump sum basis.

The Employer should carry-out appropriate actions prior to issuing the RFP, including, but not
limited to:

(a) appropriate risk assessment, including on ES risks and impacts, and risk mitigation plan (
see Environmental and Social (ES) requirements in Section VII);

(b) Site Investigations ( GC Sub-Clause 2.5) to provide a sufficient range of information


commensurate with the size, nature and complexities of the contract;

(c) permission for and physical access to the Site as well as availability of the working areas
on-and off-Site should be investigated prior to issuance of the RFP, in a manner that it
will not be a constraint once the contract is signed;
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(d) preparation of Employer’s Reference Design ( GC Sub-Clauses 1.1.39, 4.10 and 5.1),
cover the Permananent Works and the excavation and support procedure for the
Underground Excavation and Lining Works, that is compatible with the Employer’s
Requirements, the Employer’s preferred assessment of acceptable physical risks, and be
be based on and consistent with the conclusions of the preliminary investigations in the
GDR, be consistent with the GBR and the various relevant Schedules; and

(e) Exploring and securing suitable treatment and diposal facilities of materials from the
Underground Works should be explored and secured.

To obtain further information on procurement under World Bank funded projects or for question
regarding the use of this SPD, contact:
Chief Procurement Officer
The World Bank
1818 H Street, NW
Washington, D.C. 20433 U.S.A.
http://www.worldbank.org
v

Standard Procurement Document


Summary
Specific Procurement Notice
Specific Procurement Notice - Request for Proposal (RFP) to Initially Selected
Proposers
This SPD covers a two stage process following the Initial Selection of Proposers. The
Instructions to Proposers (ITPs) describe the provisions that apply to both stages. The stages are:
Stage 1: Request for First Stage Proposals (Technical) (single envelope);
Stage 2: Request for Second Stage Proposals (Technical and Financial) (two envelope).

PART 1 – REQUEST FOR PROPOSAL PROCEDURES


Section I - Instructions to Proposers (ITP)
This Section provides relevant information to help Proposers prepare their
Proposals. It is based on a two stage procurement process. Information is also
provided on the submission, opening, and evaluation of Proposals and on the
award of Contracts. Section I contains provisions that are to be used without
modification.
Section II - Proposal Data Sheet (PDS)
This Section consists of provisions that are specific to each procurement and that
supplement the information or requirements included in Section I, Instructions to
Proposers.
Section III - Evaluation and Qualification Criteria
This Section specifies the methodology that will be used to determine the Most
Advantageous Proposal.
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Section IV - Proposal Forms


This Section contains the forms which are to be completed by the Proposer and
submitted as part of the Proposal.
Section V - Eligible Countries
This Section contains information regarding eligible countries.
Section VI - Fraud and Corruption
This section includes the Fraud and Corruption provisions which apply to this
Request for Proposal process.

PART 2 – EMPLOYER’S REQUIREMENTS


Section VII - Employer’s Requirements
This section set out a description of the functional and/or performance
specification of the works to be designed and constructed. It shall present, as
appropriate, a statement of the required standards for materials, plant, supplies,
and workmanship to be provided.
The Employer’s Requirements also include the environmental and social (ES)
requirements.

PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS


Section VIII - General Conditions (GC)

This Section refers to the “General Conditions” which form part of the
“Conditions of Contract for Underground Works (“Emerald book”), First Edition,
2019” reprinted 2023 with amendments published by the Federation
Internationale Des Ingénieurs – Conseils (FIDIC).

Section IX - Particular Conditions (PC)


This Section includes particular conditions of the contract consisting of: Part A-
Contract Data; Part B -Special Provisions, PART C – Fraud and Corruption; and
PART D – Environmental and Social (ES) Reporting Metrics for Progress
Reports. The contents of this Section supplement the General Conditions and shall
be completed by the Employer.
Section X - Contract Forms
This Section contains the Letter of Acceptance, Contract Agreement and other
relevant forms.
vii

Notice of Request for Proposals


Stage 1 Template

Request for First Stage Proposals


Works
(Underground Works)
(After Initial Selection)

Employer: [insert the name of the Employer’s agency]


Project: [insert name of project]
Contract title: [insert the name of the contract]
Country: [insert country where RFP is issued]
Loan No. /Credit No. / Grant No.: [insert reference number for loan/credit/grant]
RFP No: [insert RFP reference number from Procurement Plan]
Issued on: [insert date when RFP is issued to the market]

To: [Proposer’s name and address]

1. The [insert name of Borrower/Beneficiary/Recipient] [has received/has applied for/intends


to apply for] financing from the World Bank toward the cost of the [insert name of project
or grant], and intends to apply part of the proceeds toward payments under the contract 1for
[insert title of contract]2. [Insert if applicable: “For this contract, the Borrower shall
process the payments using the Direct Payment disbursement method, as defined in the
World Bank’s Disbursement Guidelines for Investment Project Financing.”]
2. The [insert name of implementing agency] now invites sealed Proposals from the following
initially selected eligible Applicants for [insert brief description of the Underground
Works]3.
[Insert names of initially selected Applicants]
3. The procurement will be conducted through international competitive procurement using
Request for Proposals (RFP) as specified in the World Bank’s “Procurement Regulations
1
Substitute “contracts” where Proposals are called concurrently for multiple contracts. Add a new para. 3 and
renumber paras 3 - 8 as follows: “Proposers may submit Proposal for one or several contracts, as further defined in
the RFP Document.”
2
Insert if applicable: “This contract will be jointly financed by [insert name of cofinancing agency]. Procurement
process will be governed by the World Bank’s Procurement Regulations.”
3
A brief description of the type(s) of the Underground Works that should be provided, including location, Design
and construction period, Functional/performance requirements and other information necessary to enable potential
Proposers to decide whether or not to respond to the Request for Proposals.
viii

for IPF Borrowers” [insert date of applicable Procurement Regulations edition as per
legal agreement] (“Procurement Regulations”), and is open to all initially selected eligible
Proposers.
4. Initially selected eligible Proposers may obtain further information from [insert name of
implementing agency, insert name and e-mail of officer in charge] 4 and inspect the RFP
Document during office hours [insert office hours if applicable i.e. 0900 to 1700 hours] at
the address given below [state address at the end of this RFP] 5.
5. The RFP Document in [insert name of language] may be purchased by initially selected
eligible Proposers upon the submission of a written application to the address below and
upon payment of a nonrefundable fee6 of [insert amount in Borrower’s currency or in a
convertible currency]. The method of payment will be [insert method of payment].7 The
document will be sent by [insert delivery procedure].8
6. A two-stage RFP process will be used which will proceed as follows:
(a) The First Stage process will consist of submission of a Technical Proposal, without
any reference to prices. Following the evaluation of First Stage Proposals, a
Proposer that has submitted a sufficiently responsive Technical Proposal may be
invited to attend a clarification meeting(s), during which the Proposer’s Proposal
will be reviewed. Any required Proposal-specific changes, additions, deletions and
other adjustments will be noted and recorded in a memorandum, or, if amendments
are of a general nature, will be promulgated via an addendum to the RFP
Documents. Following the clarification meetings, Proposers may not be invited to
submit Second Stage Proposals, if their First Stage proposals contain departures
from the requirements to the extent that it cannot be expected to be responsive
through the second stage RFP process. All other suitably qualified and eligible
Proposers shall receive invitations to submit Second Stage Proposals.
(b) The Second Stage process will consist of submission and evaluation of: (i), the
updated technical part incorporating all changes required as recorded in the
proposer-specific memorandum, and/or as necessary to reflect any Addenda to the
RFP documents issued subsequent to the first stage; and (ii), the financial part.
7. First Stage Proposals must be delivered to the address below [state address at the end of
this RFP]9 on or before [insert time and date]. Electronic Procurement will [will not] be
4
If electronic procurement will be used, insert link or web site address and any additional relevant information,
as appropriate.
5
The office for inquiry and issuance of RFP Document and that for Proposal submission may or may not be the
same.
6
The fee chargeable should only be nominal to defray reproduction and mailing costs. An amount between US$50
and US$300 or equivalent is deemed appropriate.
7
For example, cashier’s check, direct deposit to specified account number, etc.
8
The delivery procedure is usually airmail for overseas delivery and surface mail or courier for local delivery. If
urgency or security dictates, courier services may be required for overseas delivery. With the agreement of the
World Bank, documents may be distributed by e-mail, downloading from authorized web site(s) or electronic
procurement system.
9
Substitute the address for Proposal submission if it is different from address for inquiry and issuance of RFP
Document.
ix

permitted. Late Proposals will be rejected. Proposals will be publicly opened in the
presence of the Proposers’ designated representatives and anyone who chooses to attend at
the address below [state address at the end of this RFP] on [insert time and date].
8. Attention is drawn to the Procurement Regulations requiring the Borrower to disclose
information on the successful Proposer’s beneficial ownership, as part of the Contract
Award Notice, using the Beneficial Ownership Disclosure Form as included in the RFP
document.
9. Please confirm receipt of this letter immediately in writing by electronic mail or fax. If
you do not intend to submit proposal, we would appreciate being so notified in writing at
your earliest opportunity.
10. The address (es) referred to above is (are): [insert detailed address (es)]

[Insert name of office]


[Insert name of officer and title]
[Insert postal address and/or street address, postal code, city and country]
[Insert telephone number, country and city codes]
[Insert facsimile number, country and city codes]
[Insert email address]
[Insert web site address]
x

Notice of Request for Proposals


Stage 2 Template

Request for Second Stage Proposals


Works
(Underground Works)
Employer: [insert the name of the Employer’s agency]
Project: [insert name of project]
Contract title: [insert the name of the contract]
Country: [insert country where RFP is issued]
Loan No. /Credit No. / Grant No.: [insert reference number for loan/credit/grant]
RFP No: [insert RFP reference number from Procurement Plan]
Issued on: [insert date when RFP is issued to the market]
To: [Proposer’s name and address]
Dear Ladies and/or Gentlemen,
1. We hereby inform you that you are invited to submit a sealed Second Stage Proposal for the
execution and completion of the Contract cited above for which you submitted a First Stage
Proposal on [insert: date of submission of First Stage Proposal], that was reviewed [if
applicable, add “and discussed during the clarification meeting(s) held on {insert:
date(s)}”] and has been found sufficiently technically responsive to the requirements of the
first stage.
2. Your Second Stage Proposal should include an updated technical Proposal [if appropriate,
replace by or add: “and/or accepted and updated alternative technical Proposal(s)”]
reflecting (a), any addenda to the RFP Documents issued to all Proposers invited to the
second stage together with the invitation or subsequently, as well as (b), the memorandum,
if any, specific to your Proposal and titled “Changes Required Pursuant to First Stage
Evaluation.” Addendum and/or memorandum, if applicable, are listed at the end of, and are
included with, this invitation. The Second Stage Proposal should also include the Financial
Parts such as, Proposal price, price schedules, Proposal security, etc., as detailed in the RFP
Documents. The technical and financial parts of the Second Stage proposals shall be
submitted in two separate envelopes
3. The Proposal shall be submitted no later than [insert: time, date and address for Second
Stage Proposal submission]10. Electronic Procurement will [will not] be permitted. Late
Proposals will be rejected. The Technical Part will be publicly opened in the presence of the
10
The time given to Proposers for the preparation of their Second Stage Proposals should be adequate for the effort
needed to update their First Stage Proposals in line with any addendum issued with the invitation and any
Proposer-specific memoranda, the expected complexity of price schedules, and any other factors that may be
relevant. However, the allotted time should normally not be less than four weeks so that Proposers have at least
one week for the submission of any further clarification questions.
xi

Proposers’ designated representatives and anyone who chooses to attend at the address below
[state address at the end of this RFP] on [insert time and date].
4. The financial part shall be opened in public unless Best and Final Offer (BAFO) or
negotiations apply in which case the Financial Parts will not be opened in public and will be
opened in the presence of a Probity Assurance Provider appointed by the Employer.
5. The Proposal shall be valid, until [insert date] or any extended date if amended by the
Employer in accordance with the RFP. [insert day, month, and year, taking into account
reasonable time needed to complete the proposal evaluation, obtain necessary approvals
and the Bank’s No-objection (if subject to prior review).] [To minimize errors by
proposers, the proposal validity period is a specific date and not linked to the deadline for
submission of proposals.].
6. All Proposals must be accompanied by a [insert “Proposal Security” or “Proposal-Securing
Declaration,” as appropriate] of [insert amount and currency in case of a Proposal
Security11.]
7. All Proposals must be accompanied by a Sexual Exploitation and Abuse (SEA) and/or Sexual
Harassment (SH) Declaration.
8. Please confirm receipt of this letter immediately in writing by electronic mail or fax. If you
do not intend to submit proposal, we would appreciate being so notified in writing at your
earliest opportunity.
Yours truly,

[Authorized signature]
[Insert: name and title]
[Insert: Employer’s name]
ENCLOSURE(S): [if appropriate, insert:
1. Addendum No. [insert: number of the addendum] to the RFP documents
and/or
2. Memorandum for [name of Proposer as taken from the top of this invitation] of
Changes Required Pursuant to First Stage Evaluation
or state: There are no enclosures

The dates of the deadline for Proposal submission and of Proposal opening should be the same, and the time for
proposal opening should be same or immediately after the time for proposal submission.

The period should be sufficient to permit completion of the Second Stage Proposal evaluation, review of the
recommended selection by the Bank if required, obtaining of approvals and notification of award. A realistic
period (e.g., not less than sixty [60] days) should be specified in order to avoid the need for extension.

11
If the RFP Documents allow for lots or slices that may be procured separately, the amounts of Proposal security
have to be defined per lot or slice. The amount of security should not be set so high as to discourage Proposers. If
no Proposal security is required, this paragraph should say so.
Request for Proposals
Works
Underground Works
(Two-Stage RFP after Initial Selection)

Procurement of:
[Insert identification of the Works]
_______________________________
Employer: [insert the name of the Employer’s agency]
Project: [insert name of project]
Contract title: [insert the name of the contract]
Country: [insert country where RFP is issued]
Loan No. /Credit No. / Grant No.: [insert reference number for loan/ credit/
grant]
RFP No: [insert RFP reference number from Procurement Plan]
Issued on: [insert date when RFP is issued to the market]
Table of Content

PART 1 – Request for Proposal Procedures................................................2


Section I - Instructions to Proposers (ITP)......................................................................3
Section II - Proposal Data Sheet (PDS).........................................................................45
Section III. Evaluation and Qualification Criteria.........................................................55
Section IV - Proposal Forms.........................................................................................64
Section V - Eligible Countries.....................................................................................133
Section VI - Fraud and Corruption..............................................................................134
PART 2 –Employer’s Requirements....................................................136
Section VII. Employer’s Requirements.......................................................................137
PART 3 – Conditions of Contract and Contract Forms................................158
Section VIII - General Conditions (GC).....................................................................159
Section IX - Particular Conditions (PC)......................................................................160
Section X - Contract Forms.........................................................................................223
PART 1 – REQUEST FOR PROPOSAL PROCEDURES
Section I - Instructions to Proposers (ITP) 3

SECTION I - INSTRUCTIONS TO PROPOSERS (ITP)

TABLE OF CONTENT
A. General.................................................................................... 5
1. Scope of Proposal.......................................................................................................5
2. Source of Funds..........................................................................................................6
3. Fraud and Corruption..................................................................................................7
4. Eligible Proposers.......................................................................................................7
5. Eligible Materials, Equipment, and Services............................................................10
B. Contents of RFP Document.............................................................10
6. Sections of RFP Document.......................................................................................10
7. Clarification of RFP Document, Site Visit, Pre-Proposal Meeting..........................11
8. Amendment of RFP Document................................................................................12
9. Cost of Proposals......................................................................................................12
10. Contacting the Employer.......................................................................................12
11. Language of Proposals...........................................................................................13
C. Preparation of First Stage Technical Proposals.......................................13
12. Documents Comprising the Proposal.....................................................................13
13. Alternative Technical Proposals............................................................................14
14. Documents Establishing the Qualification of the Proposer...................................14
15. Documents Establishing Conformity of the Works...............................................15
16. First Stage Technical- Proposal Submission Form................................................16
17. Format and Signing of First Stage Proposal..........................................................16
D. Submission of First Stage Technical Proposals........................................16
18. Sealing and Marking of First Stage Technical Proposal........................................16
19. Deadline for Submission of First Stage Technical- Proposals...............................17
20. Late Proposals........................................................................................................17
21. Withdrawal, Substitution, and Modification of Proposals.....................................17
E. Opening and Evaluation of First Stage TECHNICAL PROPOSALS...............18
22. Opening of First Stage Technical Proposals by Employer....................................18
23. Determination of Responsiveness of First Stage Technical Proposals..................19
24. Technical Evaluation of First Stage Technical Proposals......................................19
25. Evaluation of Proposer’s Qualification..................................................................20
26. Clarification of First Stage Technical Proposals and Review of Proposers’ Proposed
Deviations and Alternative Solutions...................................................................20
F. Invitation to Second Stage Combined Technical and Financial Proposals..........22
27. Invitation to Submit Second Stage Combined Technical and Financial Proposals22
G. Preparation of Second Stage Technical and Financial Proposals....................23
28. Documents Comprising the Second Stage Technical and Financial Proposal.......23
29. Letter of Proposal, and Schedules..........................................................................25
Section I - Instructions to Proposers (ITP) 4

30. Proposal Prices.......................................................................................................25


31. Proposal Currencies...............................................................................................27
32. Securing the Proposal.............................................................................................27
33. Period of Validity of Proposals..............................................................................29
34. Format and Signing of Second Stage Technical and Financial Proposal..............30
H. Submission of Second Stage Technical and Financial Proposals.....................31
35. Submission, Sealing and Marking of Proposals.....................................................31
36. Deadline for Submission of Proposals...................................................................31
37. Late Proposals........................................................................................................31
38. Withdrawal, Substitution, and Modification of Stage 2 proposals........................31
I. Second Stage: Public Opening of Technical Parts.....................................32
39. Public Opening Second Stage of Technical Part...................................................32
J. Second Stage: Evaluation of Technical Part...........................................33
40. Confidentiality.......................................................................................................33
41. Clarification of Proposals.......................................................................................33
42. Determination of Responsiveness..........................................................................34
43. Evaluation of Technical Proposals.........................................................................34
44. Notification of evaluation of Technical Parts........................................................34
K. Second Stage: Opening of Financial Parts.............................................35
45. Public Opening of Financial Parts when BAFO or negotiations do not apply......35
46. Opening of Financial Parts when BAFO or negotiations apply.............................36
L. Second Stage: Evaluation of Financial Part...........................................37
47. Nonmaterial Nonconformities................................................................................37
48. Arithmetic Correction............................................................................................37
49. Conversion to Single Currency..............................................................................38
50. Margin of Preference.............................................................................................38
51. Evaluation Process Financial Parts........................................................................38
52. Abnormally Low Proposals...................................................................................39
53. Unbalanced or Front Loaded Proposals.................................................................39
M. Stage 2: Evaluation of Combined Technical and Financial Part....................40
54. Evaluation of Combined Technical and Financial Proposals................................40
55. Best and Final Offer (BAFO).................................................................................40
56. Most Advantageous Proposal (MAP)....................................................................40
57. Negotiations...........................................................................................................40
58. Employer’s Right to Accept Any Proposal, and to Reject Any or All Proposals..41
59. Standstill Period.....................................................................................................41
60. Notification of Intention to Award.........................................................................41
N. Award of Contract......................................................................41
61. Award Criteria........................................................................................................41
62. Notification of Award............................................................................................42
63. Debriefing by the Employer...................................................................................42
64. Signing of Contract................................................................................................43
65. Performance Security.............................................................................................43
Section I - Instructions to Proposers (ITP) 5

66. Procurement Related Complaint............................................................................44


Section I - Instructions to Proposers (ITP) 6

Section I - Instructions to Proposers


A. GENERAL
1. Scope of 1.1 The Employer, as specified in the PDS, issues this Request for
Proposal Proposals (RFP) Document for the Underground Works as
specified in Section VII, Employer’s Requirements. The name,
identification and number of lots (contracts) of this RFP are
specified in the PDS.
1.2 Unless otherwise stated, throughout this RFP Document
definitions and interpretations shall be as prescribed in the
Section VIII, General Conditions.
1.3 Throughout this RFP Document:
(a) the term “in writing” means communicated in written
form (e.g. by mail, e-mail, fax, including if specified in
the PDS, distributed or received through the electronic-
procurement system used by the Employer) with proof of
receipt;
(b) if the context so requires, “singular” means “plural” and
vice versa;
(c) “Day” means calendar day, unless otherwise specified as
“Business Day”. A Business Day is any day that is an
official working day of the Borrower. It excludes the
Borrower’s official public holidays;
(d) “Works” refers to all works (Permananent and/or
Temporary Works, as defined in the Contract), subject of
this request for proposals document;
(e) “Underground Works” means all Works located
beneath the natural or man-made surface of the earth,
including ancillary surface Works i.e. surface facilities
and Works inherent and necessary to the Underground
Works
(f) “ES” means environmental and social (including Sexual
Exploitation and Abuse (SEA) and Sexual Harassment
(SH));
(g) “Sexual Exploitation and Abuse” “(SEA)” means the
following:
Sexual Exploitation is defined as any actual or
attempted abuse of position of vulnerability,
differential power, or trust, for sexual purposes,
including, but not limited to, profiting monetarily,
socially, or politically from the sexual exploitation
Section I - Instructions to Proposers (ITP) 7

of another.
Sexual Abuse is defined as the actual or threatened
physical intrusion of a sexual nature, whether by
force or under unequal or coercive conditions;
(h) “Sexual Harassment” “(SH)” is defined as unwelcome
sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature by the
Contractor’s Personnel with other Contractor’s or
Employer’s Personnel;
(i) “Contractor’s Personnel” is as defined in Sub-Clause
1.1.22 of the General Conditions; and
(j) “Employer’s Personnel” is as defined in Sub-Clause
1.1.38 of the General Conditions.
(k) “Excavation” is as defined in Sub-Clause 1.1.43 of the
General Conditions;
(l) “Lining” is as defined in Sub-Clause 1.1.60 of the General
Conditions;
(m) “Geotechnical Baseline Report” or “GBR”) is as defined
in Sub-Clause 1.1.51 of the General Conditions and
included in Section VII- Employer’s Requirements;
(n) “Geotechnical Data Report” or “GDR”) is as defined in
Sub-Clause 1.1.52 of the General Conditions, and
included in Section VII- Employer’s Requirements;
(o) “Completion Schedule” is as defined in Sub-Clause 1.1.8
of the General Conditions, to be submitted by the
Proposer in accordance with Section IV- Proposal Forms;
(p) “Schedule of Baselines” is as defined in Sub-Clause
1.1.84 of the General Conditions, to be completed and
submitted by the Proposer in accordance with Section IV-
Proposal Forms;
(q) “Schedule of Rates and Prices” is as defined in Sub-
Clause 1.1.88 of the General Conditions; and
(r) “Bill of Quantities” is as defined in Sub-Clause 1.1.5 of
the General Conditions.
A non-exhaustive list of (i) behaviors which constitute SEA and
(ii) behaviors which constitute SH is attached to the Code of
Conduct form in Section IV.
2. Source of 2.1 The Borrower or Recipient (hereinafter called “Borrower”)
Funds indicated in the PDS has applied for or received financing
(hereinafter called “funds”) from the International Bank for
Section I - Instructions to Proposers (ITP) 8

Reconstruction and Development or the International


Development Association (hereinafter called “the Bank”) in an
amount specified in the PDS toward the project named in the
PDS. The Borrower intends to apply a portion of the funds to
eligible payments under the contract(s) for which this RFP
Document is issued.
2.2 Payments by the Bank will be made only at the request of the
Borrower and upon approval by the Bank in accordance with
the terms and conditions of the Loan (or other financing)
Agreement between the Borrower and the Bank (hereinafter
called the Loan Agreement), and will be subject in all respects
to the terms and conditions of that Loan (or other financing)
Agreement. The Loan (or other financing) Agreement prohibits
a withdrawal from the loan account for the purpose of any
payment to persons or entities, or for any import of equipment,
materials or any other goods, if such payment or import is
prohibited by a decision of the United Nations Security Council
taken under Chapter VII of the Charter of the United Nations.
No party other than the Borrower shall derive any rights from
the Loan (or other financing) Agreement or have any claim to
the proceeds of the Loan (or other financing).
3. Fraud and 3.1 The Bank requires compliance with the Bank’s Anti-Corruption
Corruption Guidelines and its prevailing sanctions policies and procedures
as set forth in the World Bank Group’s Sanctions Framework,
as set forth in Section VI.
3.2 In further pursuance of this policy, Proposers shall permit and
shall cause their agents (where declared or not), subcontractors,
sub-consultants, service providers, suppliers, and personnel, to
permit the Bank to inspect all accounts, records and other
documents relating to any initial selection process,
prequalification process, bid submission, proposal submission
and contract performance (in the case of award), and to have
them audited by auditors appointed by the Bank.
4. Eligible 4.1 A Proposer may be a firm that is a private entity, a state-owned
Proposers enterprise or institution subject to ITP 4.6—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, all members shall be jointly and severally liable for the
execution of the Contract in accordance with the Contract
terms. The JV shall nominate a Representative who shall have
the authority to conduct all business for and on behalf of any
and all the members of the JV during the RFP process and, in
Section I - Instructions to Proposers (ITP) 9

the event the JV is awarded the Contract, during contract


execution. Unless specified in the PDS, there is no limit on the
number of members in a JV.
4.2 A Proposer shall not have a conflict of interest. Any Proposer
found to have a conflict of interest shall be disqualified. A
Proposer may be considered to have a conflict of interest for the
purpose of this RFP process, if the Proposer:
(a) directly or indirectly controls, is controlled by or is under
common control with another Proposer; or
(b) receives or has received any direct or indirect subsidy
from another Proposer; or
(c) has the same legal representative as another Proposer; or
(d) has a relationship with another Proposer, directly or
through common third parties, that puts it in a position to
influence the Proposal of another Proposer, or influence
the decisions of the Employer regarding this RFP process;
or
(e) any of its affiliates participates as a consultant in the
preparation of the Employer’s Requirements for the
Works that are the subject of the Proposal; or
(f) or any of its affiliates has been hired (or is proposed to be
hired) by the Employer or Borrower as the Engineer for
the Contract implementation; or
(g) would be providing goods, works, or non-consulting
services resulting from or directly related to consulting
services for the preparation or implementation of the
project specified in the PDS ITP 2.1 that it provided or
were provided by any affiliate that directly or indirectly
controls, is controlled by, or is under common control
with that firm; or
(h) has a close business or family relationship with a
professional staff of the Borrower (or of the project
implementing agency, or of a recipient of a part of the
loan) who: (i) are directly or indirectly involved in the
preparation of the RFP Document or specifications of the
Contract, and/or the Proposal 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 Bank throughout the RFP
process and execution of the Contract.
4.3 A firm that is a Proposer (either individually or as a JV
Section I - Instructions to Proposers (ITP) 10

member) shall not participate in more than one Proposal, except


for permitted alternative Proposals. This includes participation
as a subcontractor in other Proposals. Such participation shall
result in the disqualification of all Proposals in which the firm is
involved. A firm that is not an individual Proposer or a JV
member in a Proposal may participate as a subcontractor in
more than one Proposal.
4.4 A Proposer may have the nationality of any country, subject to
the restrictions pursuant to ITP 4.8. A Proposer shall be deemed
to have the nationality of a country if the Proposer is
constituted, incorporated or registered in and operates in
conformity with the provisions of the laws of that country, as
evidenced by its articles of incorporation (or equivalent
documents of constitution or association) and its registration
documents, as the case may be. This criterion also shall apply to
the determination of the nationality of proposed sub-contractors
or sub-consultants for any part of the Contract including related
Services.
4.5 A Proposer that has been sanctioned by the Bank, pursuant to
the Bank’s Anti-Corruption Guidelines, and in accordance with
its prevailing sanctions policies and procedures as set forth in
the World Bank Group’s Sanctions Framework as described in
Section VI paragraph 2.2 d., shall be ineligible to be initially
selected for, prequalified for, bid for, submit proposal for, or be
awarded a Bank-financed contract or benefit from a Bank-
financed contract, financially or otherwise, during such period
of time as the Bank shall have determined. The list of debarred
firms and individuals is available at the electronic address
specified in the PDS.
4.6 Proposers that are state-owned enterprises or institutions in the
Employer’s Country may be eligible to compete and be awarded
a Contract(s) only if they can establish, in a manner acceptable
to the Bank, that they (i) are legally and financially autonomous
(ii) operate under commercial law, and (iii) are not under
supervision of the Employer.
4.7 A Proposer shall not be under suspension from submitting
proposals by the Employer as the result of the operation of a
Bid Securing Declaration or Proposal-Securing Declaration.
4.8 Firms and individuals may be ineligible if so indicated in
Section V and (a) as a matter of law or official regulations, the
Borrower’s country prohibits commercial relations with that
country, provided that the Bank is satisfied that such exclusion
does not preclude effective competition for the supply of goods
or the contracting of works or services required; or (b) by an act
Section I - Instructions to Proposers (ITP) 11

of compliance with a decision of the United Nations Security


Council taken under Chapter VII of the Charter of the United
Nations, the Borrower’s country prohibits any import of goods
or contracting of works or services from that country, or any
payments to any country, person, or entity in that country.
When the procurement is implemented across jurisdictional
boundaries (and more than one country is a Borrower, and is
involved in the procurement), then exclusion of a firm or
individual on the basis of ITP 4.8 (a) above by one country may
be applied to that procurement across other countries involved,
if the Bank and the Borrowers involved in the procurement
agree.
4.9 A Proposer shall provide such documentary evidence of
eligibility satisfactory to the Employer, as the Employer shall
reasonably request.
4.10 A firm that is under a sanction of debarment by the Borrower
from being awarded a contract is eligible to participate in this
procurement, unless the Bank, at the Borrower’s request, is
satisfied that the debarment; (a) relates to fraud or corruption,
and (b) followed a judicial or administrative proceeding that
afforded the firm adequate due process.
5. Eligible 5.1 The materials, equipment and services to be supplied under the
Materials, Contract may have their origin in any country subject to the
Equipment, restrictions specified in Section V, Eligible Countries, and all
and Services expenditures under the Contract will not contravene such
restrictions. At the Employer’s request, Proposers may be
required to provide evidence of the origin of materials,
equipment and services.

B. CONTENTS OF RFP DOCUMENT


6. Sections of 6.1 The RFP Document consists of Parts 1, 2, and 3, which include
RFP all the sections indicated below, and should be read in
Document conjunction with any Addenda issued in accordance with ITP 8:
PART 1 Request for Proposal Procedures
Section I - Instructions to Proposers (ITP)
Section II - Proposal Data Sheet (PDS)
Section III - Evaluation and Qualification Criteria
Section IV - Proposal Forms
Section V - Eligible Countries
Section VI - Fraud and Corruption
Section I - Instructions to Proposers (ITP) 12

PART 2 Employer’s Requirements


Section VII - Employer’s Requirements
PART 3 Conditions of Contract and Contract Forms
Section VIII - General Conditions
Section IX - Particular Conditions
Section X - Contract Forms
6.2 The Specific Procurement Notice, Notice of Request for
Proposals (RFP) issued by the Employer, is not part of this RFP
Document.
6.3 Unless obtained directly from the Employer, the Employer is not
responsible for the completeness of the document, responses to
requests for clarification, the Minutes of the pre-Proposal
meeting (if any), or Addenda to the RFP Document in
accordance with ITP 8. In case of any contradiction, documents
obtained directly from the Employer shall prevail.
6.4 The Proposer is expected to examine all instructions, forms,
terms, and specifications in the RFP Document and to furnish
with its Proposal all information or documentation as is required
by the RFP Document.
7. Clarification 7.1 A Proposer requiring any clarification of the RFP Document
of RFP shall contact the Employer in writing at the Employer’s address
Document, specified in the PDS or raise its enquiries during the pre-
Site Visit, Proposal meeting if provided for in accordance with ITP 7.4.
Pre- The Employer will respond to any request for clarification,
Proposal provided that such request is received prior to the deadline for
Meeting submission of Proposals within a period specified in the PDS.
The Employer shall forward copies of its response to all
Proposers who have acquired the RFP Document in accordance
with ITP 6.3, including a description of the inquiry but without
identifying its source. If so specified in the PDS, the Employer
shall also promptly publish its response at the web page
identified in the PDS. Should the Employer deem it necessary to
amend the RFP Document as a result of a request for
clarification, it shall do so following the procedure under ITP 8
and ITP 27.1
7.2 The Proposer is advised to visit and examine the Site of the
Works and its surroundings and obtain for itself on its own
responsibility all information that may be necessary for
preparing the Proposal and entering into a contract. The costs of
visiting the site shall be at the Proposer’s own expense.
7.3 The Proposer and any of its personnel or agents will be granted
Section I - Instructions to Proposers (ITP) 13

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 Proposer, 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 Proposer’s designated representative is invited to attend a
pre-Proposal meeting and/or a site visit, if provided for in the
PDS. The purpose of the meeting will be to clarify issues and to
answer questions on any matter that may be raised at that stage.
Nonattendance at the pre-Proposal meeting will not be a cause
for disqualification of a Proposer.
7.5 The Proposer is requested to submit any questions in writing, to
reach the Employer not later than one week before the meeting.
7.6 Minutes of the pre-Proposal 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 Proposers who have
acquired the RFP Document in accordance with ITP 6.3. Any
modification to the RFP Document that may become necessary
as a result of the pre-Proposal meeting shall be made by the
Employer exclusively through the issue of an Addendum
pursuant to ITP 8 and not through the minutes of the pre-
Proposal meeting.
8. Amendment 8.1 At any time prior to the deadline for submission of Proposals, the
of RFP Employer may amend the RFP Document by issuing addenda.
Document
8.2 Any addendum issued shall be part of the RFP Document and
shall be communicated in writing to all who have obtained the
RFP Document from the Employer in accordance with ITP 6.3.
The Employer shall also promptly publish the addendum on the
Employer’s web page in accordance with ITP 7.1.
8.3 To give prospective Proposers reasonable time in which to take
an addendum into account in preparing their Proposals, the
Employer may, at its discretion, extend the deadline for the
submission of Proposals, pursuant to ITP 19.2 and ITP 36.2.
9. Cost of 9.1 The Proposer shall bear all costs associated with the preparation
Proposals and submission of its Proposal, and the Employer will in no case
be responsible or liable for those costs.
10. Contacting 10.1 From the time of Proposal opening to the time of Contract
the
Section I - Instructions to Proposers (ITP) 14

Employer award, if any Proposer wishes to contact the Employer on any


matter related to the Proposal, it should do so in writing.
10.2 If a Proposer tries to directly influence the Employer or
otherwise interfere in the Proposal evaluation process and the
Contract award decision, its Proposal may be rejected.
11. Language of 11.1 Unless otherwise specified in the PDS, the Proposal prepared by
Proposals the Proposer and all correspondence and documents related to
the Proposal exchanged by the Proposer and the Employer shall
be written in the English Language, or, if the PDS so provides,
in either one of two languages specified there. Any printed
literature furnished by the Proposer as part of its Proposal may
be in a language not specified in the PDS, as long as such
literature is accompanied by a translation of its pertinent
passages into the language of the Proposal, in which case, for
purposes of interpretation of the Proposal, the translation shall
govern.

C. PREPARATION OF FIRST STAGE TECHNICAL PROPOSALS


12. Documents 12.1 The First Stage technical proposal submitted by the Proposer shall
Comprising comprise the following:
the
Proposal (a) Letter of First Stage Proposal;
(b) alternative technical proposals in accordance with ITP 13;
(c) written confirmation authorizing the signatory of the Proposal
to commit the Proposer, in accordance with ITP 17.2;
(d) documentary evidence that the proposer continues to be
eligible and qualified to perform the contract if its Proposal is
accepted;
(e) method statement, equipment, personnel, completion
schedule, schedule of baselines and any other information as
stiplulated in Section IV, Proposal Forms;
(f) documentary evidence in accordance with ITP 15 that the
Works offered by the Proposer conform to the RFP
Document;
(g) Proposers shall give details of all departures in their First
Stage Technical- Proposal with respect to the contractual
terms and conditions and/or to the required technical features
specified in the performance and/or functional requirements,
that they would like the Employer to consider during the
evaluation of First Stage Technical Proposals and any
Section I - Instructions to Proposers (ITP) 15

Clarification Meeting(s) with the Proposer, pursuant to ITP


23 through ITP 26;
(h) in the case of a technical proposal 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 Works to
be executed by the respective partners;
(i) list of subcontractors, in accordance with ITP 15.4; and
(j) any other document required in the PDS.
13. Alternative 13.1 Proposers shall note that they are permitted to propose technical
Technical alternatives with their First Stage technical proposals in addition
Proposals to or in lieu of the requirements specified in the RFP Documents,
provided that they: (i) document that the proposed technical
alternatives are to the benefit of the Employer, that they fulfill the
principal objectives of the contract, and that they meet the basic
performance and technical criteria specified in the RFP
Documents, and (ii) provide all information to enable the
Employer to evaluate the alternative Proposal and in particular
any changes in the risk allocation, a schedule of Baselines and a
Completion Schedule that are applicable to the alternative
Proposal, details of the proposed alternatives for the preliminary
design, proposed alternate methods of construction for excavation
and support, relevant supporting Schedules, drawings, design
calculations, technical specifications, and other relevant details.
13.2 Any alternative technical proposal submitted by Proposers as part
of their First Stage technical proposal will be the subject of
clarification with the Proposer, pursuant to ITP 26.
14. Documents 14.1 In accordance with Section III, Evaluation and Qualification
Establishin Criteria, to establish that the Proposer continues to meet the
g the qualification criteria used at the time of Initial Selection, the
Qualificatio Proposer shall provide updated information on any assessed
n of the aspect that changed from that time including on Sexual
Proposer Exploitation and Abuse (SEA) / SH disqualification status.
14.2 If a margin of preference applies in accordance with ITP 50.1,
domestic Proposers, individually or in joint ventures, applying for
eligibility for domestic preference shall supply all information
required to satisfy the criteria for eligibility specified in
accordance with ITP 50.1.
14.3 Any change in the structure or formation of a Proposer after being
initially selected and invited to submit First Stage Proposals
(including, in the case of a JV, any change in the structure or
formation of any member and any change in any Specialized
Section I - Instructions to Proposers (ITP) 16

Subcontractor) shall be subject to the written approval of the


Employer prior to the deadline for submission of First Stage
Proposals. Such approval shall be denied if (i) a Proposer
proposes to associate with a disqualified Proposer or in case of a
disqualified joint venture, any of its members; (ii) as a
consequence of the change, the Proposer no longer substantially
meets the qualification criteria set forth in the Initial Selection
Documents; (iii) no longer continues to be in the list of Initially
Selected Proposers as a result of the Employer’s re-evaluation of
the Application in accordance with criteria specified in the Initial
Selection Documents; or (iv) in the opinion of the Employer, the
change may result in a substantial reduction in competition. Any
such change should be submitted to the Employer not later than
fourteen (14) days after the Notice of Request for Proposals for
the First Stage.
15. Documents 15.1 Pursuant to ITP 12.1 (e), the Proposer shall furnish, as part of its
Establishin Proposal, documents establishing the conformity of the proposed
g Works to the RFP Documents.
Conformity
of the 15.2 The documentary evidence of the conformity of the Works with
Works the RFP documents may be in the form of literature, drawings and
data, and shall include:
(a) the documents specified in Section IV (Proposal Forms) -
Technical Proposal
(b) detailed description of the essential technical and
functional/performance characteristics of the proposed
Works, in response to the Employer’s Requirements
(c) adequate evidence demonstrating the substantial
responsiveness of the Works to the Employer’s
Requirements. Proposers shall note that standards for
workmanship, materials and equipment designated by the
Employer in the RFP Document are intended to be
descriptive (establishing standards of quality and
performance) only and not restrictive. The Proposer may
substitute alternative standards, in its technical proposal,
provided that it demonstrates to the Employer’s
satisfaction that the substitutions are substantially
equivalent or superior to the standards designated in the
Performance / Functional requirements specified by the
Employer.
15.3 For their Second Stage Combined Technical and Financial
Proposals, the invited Proposers are expected to offer the same
technical proposal as in the First Stage, unless changes are
explicitly permitted or required in the Proposer-specific
memorandum entitled “Changes Required Pursuant to First Stage
Section I - Instructions to Proposers (ITP) 17

Evaluation” pursuant to ITP 26.7, or are implied or triggered by


Addenda to the RFP Documents issued in the Second Stage.
Proposers that deviate from their First Stage Technical Proposals
without specific endorsement by their memorandum or without a
reason clearly established by Addenda issued in the Second Stage,
place their Proposal at risk of being rejected.
15.4 The Proposer shall be responsible for ensuring that any proposed
subcontractor complies with the requirements of ITP 4, and that
any Works to be provided by the subcontractor comply with the
requirements of ITP 5 and ITP 15.1. The Proposer shall submit
its Code of Conduct that meets the requirements setout in Section
IV – Proposal Forms.
16. First Stage 16.1 The Proposer shall complete the Letter of First Stage Proposal
Technical- furnished in the Proposal Forms (Section IV) in the manner and
Proposal detail indicated in this section and submit this form with the
Submission Proposal.
Form
17. Format and 17.1 The Proposer shall prepare an original and the number of
Signing of copies/sets of the Proposal specified in the PDS, clearly marking
First Stage each one as: “FIRST STAGE TECHNICAL PROPOSAL – ORIGINAL,” “
Proposal FIRST STAGE TECHNICAL PROPOSAL – COPY NO. 1,” “FIRST
STAGE TECHNICAL PROPOSAL -- COPY NO. 2,” etc., as
appropriate. In the event of any discrepancy between the original
and any copy, the original shall govern.
17.2 The original and all copies of the Proposal shall be typed or
written in indelible ink and shall be signed by a person or persons
duly authorized to sign on behalf of the Proposer. The
authorization must be in writing as specified in the PDS and
included in the Proposal pursuant to ITP 12.1 (c). The name and
position held by each person signing the authorization must be
typed or printed below the signature. All pages of the Proposal,
where entries or amendments have been made shall be signed or
initialed by the person or persons signing the Proposal.
17.3 The Proposal shall contain no interlineations, erasures, or
overwriting, except to correct errors made by the Proposer, in
which case such corrections shall be initialed by the person or
persons signing the Proposal.
17.4 Signing and submission of a First Stage Technical Proposal shall
not bind or obligate the Proposer to submit a Second Stage
Combined Technical and Financial Proposal.
Section I - Instructions to Proposers (ITP) 18

D. SUBMISSION OF FIRST STAGE TECHNICAL PROPOSALS


18. Sealing and 18.1 The Proposer shall seal the original First Stage Technical
Marking of Proposal and each copy of the Proposal in separate envelopes,
First Stage each containing the documents specified in ITP 12, and shall
Technical mark the envelopes as “First Stage Technical Proposal –
Proposal Original,” and “First Stage Technical Proposal – Copy No.
[number],” all duly marked as required in ITP 17.1. The
envelopes shall be sealed in an outer envelope.
18.2 The inner and outer envelopes shall:
(a) bear the name and address of the Proposer;
(b) be addressed to the Employer, at the address given in the
PDS for ITP 19.1; and
(c) bear the Contract(s) name, the Invitation for Proposals (RFP)
title and number, as specified in the PDS for ITP 1.1, and
the statement “First Stage Technical Proposal – Do Not
Open Before [time and date],” to be completed with the time
and date specified in the PDS for ITP 19.1.
18.3 If the outer envelope is not sealed and marked as required by
ITP 18.1 and ITP 18.2, the Employer will assume no
responsibility for the Proposal’s misplacement or premature
opening.
19. Deadline 19.1 First Stage Technical Proposals must be received by the
for Employer at the address specified, and no later than the time and
Submission date specified, in the PDS. Proposers have the option of
of First submitting their Proposals electronically if specified in the PDS.
Stage
Technical- 19.2 The Employer may, at its discretion, extend the deadline for
Proposals submission of Proposals by amending the RFP Documents in
accordance with ITP 8.3, in which case all rights and obligations
of the Employer and Proposers will thereafter be subject to the
deadline as extended.
20. Late 20.1 The Employer shall not consider any Proposal that arrives after
Proposals the deadline for submission of Proposals, in accordance with ITP
19. Any Proposal received by the Employer after the deadline for
submission of Proposals shall be declared late, rejected, and
returned unopened to the Proposer.
21. 21.1 A Proposer may withdraw, substitute, or modify its Proposal after
Withdrawa it has been submitted, and before the deadline for submission of
l, proposals, by sending a written notice, duly signed by an
Substitutio authorized representative, including a copy of the authorization in
Section I - Instructions to Proposers (ITP) 19

n, and accordance with ITP 17.2, (except that withdrawal notices do not
Modificatio require copies). The corresponding substitution or modification of
n of the Proposal must accompany the respective written notice. All
Proposals notices must be:
(a) prepared and submitted in accordance with ITP 17 and ITP 18
(except that withdrawals notices do not require copies), and in
addition, the respective envelopes shall be clearly marked
“First Stage Proposal - Withdrawal,” “First Stage Proposal -
Substitution,” “First Stage Proposal - Modification;” and
(b) received by the Employer prior to the deadline prescribed for
submission of Proposals, in accordance with ITP 19.

E. OPENING AND EVALUATION OF FIRST STAGE TECHNICAL


PROPOSALS
22. Opening of 22.1 Except as in the cases specified in ITP 20 and ITP 21, the
First Stage Employer shall conduct the Proposal opening in public, in the
Technical presence of Proposers` designated representatives and anyone
Proposals by who chooses to attend, and at the address, date and time
Employer specified in the PDS. Any specific electronic Proposal opening
procedures, if permitted, shall be as specified in the PDS.
22.2 First, the written notice of withdrawal in the envelopes marked
“First Stage Proposal - Withdrawal” shall be opened and read out
and the envelope with the corresponding Proposal shall not be
opened, but returned to the Proposer. No Proposal withdrawal
shall be permitted unless the corresponding withdrawal notice
contains a valid authorization to request the withdrawal and is
read out at Proposal opening.
22.3 Next, envelopes marked “Substitution” shall be opened and read
out and exchanged with the corresponding First Stage Technical
Proposal being substituted, and the substituted Proposal shall not
be opened, but returned to the Proposer. No Proposal substitution
shall be permitted unless the corresponding substitution notice
contains a valid authorization to request the substitution and is
read out at Proposal opening.
22.4 Envelopes marked “Modification” shall be opened and read out
with the corresponding Proposal. No Proposal modification shall
be permitted unless the corresponding modification notice
contains a valid authorization to request the modification and is
read out at Proposal opening.
22.5 Next, all remaining envelopes shall be opened one at a time,
reading out the names of all Proposers and other such details as
Section I - Instructions to Proposers (ITP) 20

the Employer, at its discretion, may consider appropriate and


recorded in the minutes of the First Stage Technical Proposal
opening. The Employer will promptly convey these minutes in
writing to all Proposers that met the deadline for submitting
Proposals.
22.6 Only Proposals that are opened and read out at Proposal opening
shall be considered further. The Employer shall neither discuss
the merits of any Proposal nor reject any Proposal (except for
late Proposals, in accordance with ITP 20.1).
23. 23.1 The Employer will examine the First Stage Technical Proposals,
Determinati including any alternatives submitted by Proposers, to determine
on of whether they are complete, have been properly signed, and are
Responsiven generally in order.
ess of First
Stage 23.2 The Employer will also determine if the Proposals contain
Technical departures from the requirements of the RFP Documents (e.g.,
Proposals documentary evidence, responsiveness of the technical proposal)
in such numbers or of such nature that the Proposal cannot
reasonably be expected to become responsive within the
framework of the two-stage process. In this case, the Employer,
at its discretion, may exclude the Proposal from further
consideration and not issue a Request for Proposals - Second
Stage to this Proposer. For all other Proposals, the Employer,
through the detailed First Stage Technical Proposal evaluation
process, will identify and communicate to the Proposers,
pursuant to ITP 26, all those areas for which their Proposals
depart from the requirements
24. Technical 24.1 The Employer will carry out a detailed technical evaluation of
Evaluation each First Stage Technical Proposal that was determined to be
of First responsive in accordance with to ITP 23, in order to determine
Stage whether the technical aspects of the Proposal are responsive to
Technical the requirements set forth in the RFP Documents. In order to
Proposals reach such a determination, the Employer will examine the
information supplied by the Proposers, pursuant to ITP 12 to
ITP 15, and in response to other requirements in the RFP
Documents, taking into account the following factors:
(a) overall completeness and compliance with the Employer
Requirements, the technical merits of any alternatives offered,
conformity of the Works with specified functional/
performance requirements in the request for proposals
document;
(b) quality of the technical proposal including, as appropriate,
the design methodology, method statements for construction
Section I - Instructions to Proposers (ITP) 21

activities, Site organization, Completion Schedule, team


composition, qualifications and experience of Contractor’s
Personnel, Key Equipment strategy and risk and risk
assessment;
(c) suitability of the proposed Works in relation to the
environmental and climatic conditions prevailing at the site;
(d) suitability of the Completion Schedule and any alternative
time schedules offered by Proposers, as evidenced by a
milestone schedule provided in the Technical Proposal;
(e) any proposed deviations in the Proposal to the contractual
provisions stipulated in the RFP Documents;
(f) suitability of the Proposer’s Code of Conduct; and
(g) any other relevant technical factors that the Employer deems
necessary or prudent to take into consideration as specified in
Section III- Evaluation and Qualification Criteria.
24.2 The Employer will also review complete alternative technical
proposals, if any, offered by the Proposer, pursuant to ITP 13, to
determine whether such alternatives may constitute an acceptable
basis for a Second Stage Proposal to be submitted on its own
merits.
25. Evaluation 25.1 The Employer shall ascertain to its satisfaction that, on the basis
of of updated documentary evidence submitted in accordance with
Proposer’s ITP 12.1 (d), and Section III- Evaluation and Qualification
Qualificatio Criteria the Proposer continues to be qualified to satisfactorily
n perform the Contract. If there are issues with the continued
qualification of the proposer, the Employer may explore ways to
address the issues with the Proposer during clarification
meeting(s) pursuant to ITP 26.
25.2 Prior to Contract award, the Employer will verify that the
successful Proposer (including each member of a JV) is not
disqualified by the Bank due to noncompliance with contractual
SEA/SH prevention and response obligations. The Employer will
conduct the same verification for each subcontractor proposed by
the successful Proposer. If any proposed subcontractor does not
meet the requirement, the Employer will require the Proposer to
propose a replacement subcontractor.
26. Clarification 26.1 The Employer may conduct clarification Meeting/Meetings with
of First each responsive proposer to clarify aspects of the First Stage
Stage Technical Proposals that require explanation and to review any
Technical Proposer’s proposed alternative solutions or reservations to the
Section I - Instructions to Proposers (ITP) 22

Proposals commercial or contractual provisions of the RFP Documents.


and Review The purpose of the meetings shall be broad enough to permit
of discovery and clarification of technical aspects as well as
Proposers’ commercial terms and conditions. Such a meeting shall review
Proposed suitability of the proposed solutions.
Deviations
and 26.2 During the discovery and clarification meetings, the Employer
Alternative will be able to engage in a process to refine its requirements and
Solutions identify appropriate changes to the technical and commercial
terms. The Proposer may also bring to the Employer’s attention
any changes it would like to make to its First Stage Technical
proposal in the Second Stage Combined Technical and Financial
Proposal.
26.3 There is no obligation upon the Proposer to attend a Clarification
Meeting. If the Proposer is unable, or declines, to attend a
Clarification Meeting, the Employer will undertake a reasonable
effort to achieve the required clarification by correspondence
with the Proposer or by other means such as audio or
videoconference as may be available. Any reduction in the scope
for obtaining complete clarification of a First Stage Technical
Proposal due to having to use these alternative methods is at the
Proposer’s risk of its Proposal being rejected.
26.4 The Employer will advise the Proposer, pursuant to ITP 12.1 (f),
of any deviations the Proposer made or proposed in the First
Stage Technical Proposal that the Employer finds:
(a) unacceptable and that must be withdrawn in the Second Stage
Combined Technical and Financial Proposal;
(b) acceptable and that will be incorporated into the RFP
Documents by way of an Addendum that shall be sent to all
Proposers invited to submit a Second Stage Proposal.
If any deviation is waived for a proposer, the Employer will
ensure that this deviation is also waived for all other Proposers,
as applicable.
26.5 Each Clarification Meeting must be attended by a person or
persons that, through a written power of attorney, is/are duly
authorized to represent Proposer in the discussions and to reach
agreement with the Employer on the specific changes in the
Proposer’s First Stage Technical Proposal that are required if the
Proposer is to submit a Second Stage Technical and Financial
Proposal. The Employer will not be responsible for any costs
incurred by the Proposer’s party for and in attending the
Clarification Meeting(s). An invitation for, and attendance at,
Section I - Instructions to Proposers (ITP) 23

Clarification Meetings does not necessarily imply that the


Proposer will be invited for the second stage. However, if
Clarification Meetings are held, all Proposers that have been
determined to be responsive in accordance with ITP 23.2 will be
offered the opportunity of such a meeting, even if their
Proposals, in the Employer’s opinion, do not require face to face
clarification.
26.6 Neither the Proposer-specific memorandum pursuant to ITP
26.7, nor any minutes written of the Clarification Meeting(s) or
any correspondence exchanged between a specific Proposer and
the Employer, will be shared with other Proposers. Except for
the memorandum, no requirements upon the Proposer’s Second
Stage Combined Technical and Financial Proposal will be
implied from any additional Proposer-specific minutes of
meetings or correspondence. However, Employer and Proposer
might use these documents, as appropriate, as clarification
information in the second stage of Proposal preparation or
evaluation, respectively.
26.7 At the end of the clarification process, the Employer will prepare
a Proposer-specific memorandum entitled “Changes Required
Pursuant to First Stage Evaluation” and conveyed this to the
relevant Proposer as part of the Invitation for Proposals – Second
Stage Combined Technical and Financial Proposal.
The Employer will record in each Proposer-specific
memorandum:
(a) all changes to the First Stage Technical Proposal and further
elaborations required in the Second Stage Combined
Technical and Financial Proposal;
(b) list any deviations pursuant to ITP 12.1 (f) and ITP 26.4
which are unacceptable to the Employer and which the
Proposer must withdraw in the Second Stage Combined
Technical and Financial Proposal;
(c) any Subcontractors which the Proposer must change, including
justification for the change; and
(d) if there is no requirement for any Proposer-specific changes
for a Proposer, the Request for Proposals - Second Stage will
state so.
Section I - Instructions to Proposers (ITP) 24

F. INVITATION TO SECOND STAGE COMBINED TECHNICAL AND


FINANCIAL PROPOSALS
27. Invitation to 27.1 Having concluded the First Stage Technical evaluation
Submit (including any Clarification Meetings), the Employer:
Second
Stage (a) may issue an Addendum to the RFP Documents amending,
Combined among others, PDS, the PCC, and the Technical Requirements
Technical with the objective of improving competition without
and compromising the essential performance and/functional
Financial requirements (e.g., acceptable deviations brought to the
Proposals Employer’s attention by one or more Proposers; sharpened
formulation of certain Technical Requirements; adjustments to
the Implementation Schedule; etc.):
(b) will either:
(i) invite the Proposer to submit Second Stage
Technical and Financial Proposal, with an updated
technical Proposal (reflecting the Proposer-specific
memorandum entitled “Changes Required Pursuant
to First Stage Technical Evaluation” and/or in
Addenda to the RFP Documents) and a
corresponding financial Proposal, or
(ii) notify the Proposer that its Proposal has been
rejected on the grounds of being non-responsive, or
that the Proposer does not continue to meet the
minimum qualification requirements set forth in the
Initial Selection Document and in Section III-
Evaluation and Qualification Criteria.
27.2 Proposers invited to submit Second Stage Technical and
Financial Proposals are required to promptly acknowledge to the
Employer the receipt of the Invitation for Proposals -- Second
Stage Technical and Financial Proposal and the attachments, if
any, listed in it.
27.3 The deadline and address for the submission of Second Stage
Technical and Financial Proposals will be specified in the
Invitation for Proposals – Second Stage Technical and Financial
Proposal. Similarly, required Proposal-securing Declaration or
the amount of the required Proposal Security will also be
communicated in the same Invitation.
27.4 Proposers are not allowed to form a Joint Venture with other
Proposers, nor change the partner(s) or structure of the Joint
Venture without the Employer’s approval.
Section I - Instructions to Proposers (ITP) 25

G. PREPARATION OF SECOND STAGE TECHNICAL AND FINANCIAL


PROPOSALS
28. Documents 28.1 The Proposal shall comprise two Parts, namely the Technical
Comprising Part and the Financial Part. These two Parts shall be submitted
the Second simultaneously in two separate sealed envelopes. One envelope
Stage shall contain only information relating to the Technical Part and
Technical the other, only information relating to the Financial Part.
and
Financial 28.2 The Technical Part shall comprise the following:
Proposal (a) Letter of Proposal: Second Stage - Technical Part, in
accordance to ITP 29.1;
(b) Security: Proposal Security or Proposal-Securing
declaration, in accordance with ITP 32;
(c) Authorization: written confirmation authorizing the
signatory of the Proposal to commit the Proposer, in
accordance with ITP 34.2;
(d) the updated First Stage technical proposal, comprising any
modifications required to the first stage technical proposal
as recorded in the Memorandum entitled “Changes
Required Pursuant to First Stage Evaluation”;
(e) documentary evidence regarding any changes that may have
occurred between the time of submitting the First and
Second Stage Proposals that have any material effect on the
Proposer’s eligibility and qualifications to perform the
Contract;
(f) documentary evidence establishing that any additional or
varied Works in accordance with the requirements of the
Memorandum entitled “Changes Required Pursuant to First
Stage Evaluation”, are technically acceptable. The
documentary evidence of the conformity of the Works to the
requirements of the Memorandum entitled “Changes
Required Pursuant to First Stage Evaluation” may be in the
form of literature, drawings and data;
(g) If the Proposer proposes to engage any Subcontractors
additional to or different from those named in its First Stage
technical proposal for major items of the Works, the
Proposer shall give details of the name and nationality of
the proposed Subcontractors for each of those items. In
addition, the Proposer shall include in its Proposal
information establishing compliance with the requirements
Section I - Instructions to Proposers (ITP) 26

specified by the Employer for these items; and


(h) Sexual Exploitation and Abuse (SEA), and/or Sexual
Harassment (SH) Declaration using the form included in
Section IV,
(i) Proposal Forms; other documentation and information
which may be specified in the PDS.
28.3 The First Stage Proposal on which the Second Stage Proposal is
based, while not having to be resubmitted, remains an implied,
integral part of the Second Stage Proposal. The Proposal validity
period pursuant to ITP 33 will include any parts or provisions of
the First Stage Proposal as referenced, assumed or implied by the
Second Stage Proposal.
28.4 The Financial Part shall comprise the following:
(a) Letter of Proposal – Second Stage - Financial Part:
prepared in accordance with ITP 29;
(b) Price Schedules: completed prepared in accordance with
ITP 30 and ITP 31;
(c) Financial Disclosure: The Proposer shall furnish in the
Letter of Proposal information on commissions and
gratuities, if any, paid or to be paid to agents or any other
party relating to this Proposal; and
(d) Other: any other document required in the PDS.
28.5 The Proposer shall furnish in the Letter of Proposal: Second
Stage-Technical Part, three names of the potential DAAB
members and attach their curriculum vitae. The list of potential
DAAB members proposed by the Employer (Contract Data 21.1)
and by the Proposer (Letter of Proposal) shall be subject to
Bank’s No-objection.
29. Letter of 29.1 The Proposer shall complete the Letter of Proposal Second Stage
Proposal, – Technical Part and Letter of Proposal Second Stage - Financial
and Part using the relevant forms furnished in Section IV, Proposal
Schedules Forms. The forms must be completed without any alterations to
the text, and no substitutes shall be accepted except as provided
under ITP 17.3. All blank spaces shall be filled in with the
information requested.
30. Proposal 30.1 Unless otherwise specified in the PDS, only the Excavation and
Prices Lining Works shall be subject to measurement, and the Proposal
Price is deemed to cover all the Contractor’s obligations
Section I - Instructions to Proposers (ITP) 27

mentioned in or to be reasonably inferred from the RFP


Document in respect of the design, manufacture, including
procurement and subcontracting (if any), delivery, construction
and completion of the Works. This includes all requirements
under the Contractor’s responsibilities for testing, pre-
commissioning and commissioning (as applicable) of the Works
and, where so required by the RFP 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 RFP Document, all in
accordance with the requirements of the General Conditions.
30.2 For the Excavation and Lining Works, Proposers shall fill in
the rates and prices for all items of the Works described in the
Bill of Quantities. Items against which no rate or price is entered
by the Proposer shall be deemed covered by the rates for other
items in the Bill of Quantities and will not be paid for separately
by the Employer. An item not listed in the priced Bill of
Quantities shall be assumed to be not included in the Proposal,
and provided that the Proposal is determined substantially
responsive notwithstanding this omission, the average price of
the item quoted by substantially responsive Proposers will be
added to the Proposal price and the equivalent total cost of the
Proposal so determined will be used for price comparison.
30.3 For Works that are not within the scope of Excavation and
Lining Works, the Proposer shall give a breakdown of the prices
in the manner and detail called for in the Schedule of Priced
Activities and Sub-activities included in Section IV, Proposal
Forms with further breakdown prices for sub activities, as
appropriate. The total of the prices of the items in the Schedule
of Priced Activities is the Proposer’s offer to complete the
works. The cost of any items that the Proposer may have omitted
is deemed to be included in the Schedule of Priced Activities and
Sub-activities and will not be paid for separately by the
Employer.
30.4 The prices shall be either fixed or adjustable as specified in the
PDS.
30.5 In the case of Fixed Price, prices quoted by the Proposer shall be
fixed during the Proposer’s performance of the contract and not
subject to variation on any account. A Proposal submitted with
an adjustable price quotation will be treated as non-responsive
and rejected.
30.6 In the case of Adjustable Price, prices quoted by the Proposer
shall be subject to adjustment during performance of the contract
Section I - Instructions to Proposers (ITP) 28

to reflect changes in the cost elements such as labor, material,


transport and Contractor’s equipment in accordance with the
procedures specified in the corresponding Schedule of Cost
Indexation. A Proposal submitted with a fixed price quotation
will not be rejected, but the price adjustment will be treated as
zero. Proposers are required to indicate the source of labor and
material indices in the corresponding Form in Section IV,
Proposal Forms.
30.7 If so indicated in ITP 1.1, Proposals are being invited for
individual lots (contracts) or for any combination of lots
(packages). Proposers wishing to offer any price reduction
(discount) for the award of more than one Contract shall specify
in their Letter of Proposal 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. However, discounts for the award of more that one
contract will not be considered for proposal evaluation
purpose.
30.8 Proposers wishing to offer any unconditional discount shall
specify in their Letter of Proposal the offered discounts and the
manner in which price discounts will apply.

30.9 All duties, taxes, and other levies payable by the Contractor under
the Contract, or for any other cause, as of the date 28 days prior
to the deadline for submission of Proposals, shall be included in
the Proposal price submitted by the Proposer.
31. Proposal 31.1 The currency (ies) of the Proposal and the currency (ies) of
Currencies payments shall be the same and shall be as specified in the PDS.
31.2 Proposers 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 Schedule of Priced Activities and the Schedule of Rates and
Prices, and shown in the Table of Adjustment Data in the
Appendix to the Proposal are reasonable, in which case a
detailed breakdown of the foreign currency requirements shall be
provided by Proposers.
32. Securing the 32.1 The Proposer shall furnish as part of its Proposal, either a
Proposal Proposal-Securing Declaration or a Proposal Security as
specified in the PDS, in original form and, in the case of a
Proposal Security, in the amount and currency specified in the
PDS.
32.2 A Proposal-Securing Declaration shall use the form included in
Section I - Instructions to Proposers (ITP) 29

Section IV, Proposal Forms.


32.3 If a Proposal Security is specified pursuant to ITP 32.1, the
Proposal security shall be a demand guarantee in any of the
following forms at the Proposer’s option:
(a) an unconditional guarantee issued by a bank or a non-bank
financial institution (such as an insurance, bonding or
surety company);
(b) an irrevocable letter of credit;
(c) a cashier’s or certified check; or
(d) another security indicated in the PDS,
from a reputable source from an eligible country. If an
unconditional guarantee is issued by a non-bank financial
institution located outside the Employer’s Country the issuing
non-bank financial institution shall have a correspondent
financial institution located in the Employer’s Country to make it
enforceable unless the Employer has agreed in writing, prior to
Proposal submission, that a correspondent financial institution is
not required.
32.4 In the case of a bank guarantee, the Proposal Security shall be
submitted either using the Proposal Security Form included in
Section IV, Proposal Forms or in another substantially similar
format approved by the Employer prior to Proposal submission.
In either case, the form must include the complete name of the
Proposer. The Proposal Security shall be valid for twenty-eight
days (28) beyond the original date of expiry of the Proposal
validity, or beyond any extended date if requested under ITP
33.2.
32.5 If a Proposal Security or a Proposal-Securing Declaration is
specified pursuant to ITP 32.1, any Proposal not accompanied by
a substantially responsive Proposal Security or Proposal-Securing
Declaration shall be rejected by the Employer as non-responsive.
32.6 If a Proposal Security is specified in accordance with ITP 32.1,
the Proposal Security of the Proposers shall be returned as
promptly as possible once the successful Proposer has signed the
Contract, furnished the required Performance Security, and if
required in the PDS, the Environmental and Social (ES )
Performance Security.
32.7 The Proposal Security may be forfeited:
Section I - Instructions to Proposers (ITP) 30

(a) if a Proposer withdraws its Proposal prior to the expiry


date of the Proposal validity specified by the Proposer on
the Letter of Proposal or any extended date provided by
the Proposer; or
(b) if the successful Proposer fails to:
(i) sign the Contract in accordance with ITP 64; or
(ii) furnish a Performance Security and if required in the
PDS, the Environmental and Social (ES ) Performance
Security., in accordance with ITP 65.
32.8 The Proposal Security or the Proposal-Securing Declaration of a
JV shall be in the name of the JV that submits the Proposal. If
the JV has not been legally constituted into a legally enforceable
JV at the time of submission of Proposals, the Proposal Security
or the Proposal-Securing Declaration shall be in the names of all
future members as named in the letter of intent referred to in ITP
4.1.
32.9 If a Proposal Security is not required in the PDS, and:
(a) if a Proposer withdraws its Proposal prior to the expiry
date of the Proposal validity specified by the Proposer on
the Letter of Proposal or any extended date provided by
the Proposer; or
(b) if the successful Proposer fails to:
(i) sign the Contract in accordance with ITP 64; or
(ii) furnish a performance security and if required in the
PDS, the Environmental and Social (ES) Performance
Security, in accordance with ITP 65,
the Employer may, if provided for in the PDS, declare the
Proposer disqualified to be awarded a contract by the Employer
for a period of time as stated in the PDS.
33. Period of 33.1 Proposals shall remain valid until the date specified in the
Validity of Request for Second Stage Proposals or any extended date if
Proposals amended by the Employer in accordance with ITP 8. A Proposal
that is not valid until the date specified in the Request for Second
Stage Proposals or any extended date if amended by the
Employer in accordance with ITP 8, shall be rejected by the
Employer as nonresponsive.
33.2 In exceptional circumstances, prior to the date of expiry of the
Proposal validity, the Employer may request that the Proposers
Section I - Instructions to Proposers (ITP) 31

extend the date of of validity until a specified date. The request


and the responses to the request shall be made in writing. A
Proposer may refuse the request without risking execution of the
Proposal-Securing Declaration or forfeiting the Proposal Security.
Except as provided in ITP 33.3, a Proposer agreeing to the request
will not be required or permitted to modify its Proposal, but will
be required to ensure that the Proposal Security is extended for a
correspondingly longer period, pursuant to ITP 32.4.
33.3 In the case of fixed price contracts, if the award is delayed by a
period exceeding fifty-six (56) days beyond the date of expiry of
the Proposal validity specified in accordance with ITP 33.1, the
contract price will be adjusted as specified in the PDS. Proposal
evaluation will be based on the Proposal prices without taking into
consideration the above correction.
34. Format and 34.1 The Proposer shall prepare an original and the number of
Signing of copies/sets of the Proposal specified in the PDS, clearly marking
Second each one as: “Stage 2 Proposal – Original” and “Stage 2 Proposal
Stage – copy”. In the event of any discrepancy between them, the
Technical original shall govern.
and
Financial 34.2 The original and all copies of the Proposal, each consisting of the
Proposal documents listed in ITP 28.2, shall be typed or written in
indelible ink and shall be signed by a person or persons duly
authorized to sign on behalf of the Proposer. The authorization
must be in writing as specified in the PDS, and included in the
Proposal pursuant to ITP 28.2 (c). The name and position held
by each person signing the authorization must be typed or
printed below the signature. All pages of the Proposal where
entries or amendments have been made shall be signed or
initialed by the person signing the Proposal.
34.3 In case the Proposer is a JV, the Proposal 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.
34.4 The Proposal shall contain no interlineations, erasures, or
overwriting, except to correct errors made by the Proposer, in
which case such corrections shall be initialed by the person or
persons signing the Proposal.
34.5 The Proposer shall furnish in the Technical and Financial
Proposal Submission Forms (Section IV) information regarding
commissions or gratuities, if any, paid or to be paid to agents
relating to this procurement and to the execution of the Contract
Section I - Instructions to Proposers (ITP) 32

should the Proposer be successful.

H. SUBMISSION OF SECOND STAGE TECHNICAL AND FINANCIAL


PROPOSALS
35. Submission, 35.1 Unless the PDS states that Proposals are to be submitted
Sealing and electronically the following procedures shall apply.
Marking of
Proposals (a) The Proposer shall deliver the Proposal in two separate,
sealed envelopes. One envelope containing the Technical
Part and the other the Financial Part. These two envelopes
shall be enclosed in a sealed outer envelope and clearly
marked “Stage 2 Proposal - Original”.
(b) In addition, the Proposer shall prepare copies of the
Proposal, in the number specified in the PDS. Copies of
the Technical Part shall be placed in a separate sealed
envelope marked “Copies: Stage 2 Proposal Technical
Part”. Copies of the Financial Part shall be placed in a
separate sealed envelope marked “Copies: Stage 2
Proposal Financial Part”. The Proposer shall place both of
these envelopes in a separate, sealed outer envelope
marked “Stage 2 Proposal - Copies”. In the event of any
discrepancy between the original and the copies, the
original shall prevail.
36. Deadline for 36.1 Stage 2 Proposals must be received by the Employer at the
Submission address and no later than the date and time indicated in the
of Proposals Request for Second Stage Proposals.
36.2 The Employer may, at its discretion, extend this deadline for
submission of Proposals by amending the RFP Documents in
accordance with ITP 8.3, in which case all rights and obligations
of the Employer and Proposers will thereafter be subject to the
deadline as extended.
37. Late 37.1 Any Proposal received by the Employer after the Proposal
Proposals submission deadline as specified in the Invitation for Proposals –
Second Stage Combined Technical and Financial Proposal, will
be rejected and returned unopened to the Proposer.
38. Withdrawal, 38.1 A Proposer may withdraw, substitute, or modify its Proposal
Substitution, after it has been submitted, and before the deadline for
and submission of proposals, by sending a written notice, duly
Modification signed by an authorized representative, including a copy of the
of Stage 2 authorization in accordance with ITP 34.2, (except that
proposals withdrawal notices do not require copies). The corresponding
substitution or modification of the Proposal must accompany the
Section I - Instructions to Proposers (ITP) 33

respective written notice. All notices must be:


(a) prepared and submitted in accordance with ITP 34 and ITP
35 (except that withdrawals notices do not require copies),
and in addition, the respective envelopes shall be clearly
marked “Stage 2 Proposal - Withdrawal”; “Stage 2 Proposal
– Substitution (“Technical Part” and/or “Financial Part” )”;
“Stage 2 Proposal – Modification (“Technical Part” and/or
“Financial Part” );” and
(b) received by the Employer prior to the deadline prescribed
for submission of Proposals, in accordance with ITP 36.

I. SECOND STAGE: PUBLIC OPENING OF TECHNICAL PARTS


39. Public 39.1 The Employer shall conduct the Second Stage public opening of
Opening Technical Parts in the presence of Proposers` designated
Second representatives and anyone who chooses to attend, and at the
Stage of address, date and time specified in the request to submit Second
Technical Stage Proposals. Any specific electronic Proposal opening
Part procedures required if permitted, shall be as specified in the
PDS:
(a) first, the written notice of withdrawal in the envelopes
marked “Stage 2 Proposal - Withdrawal” shall be opened
and read out and the envelope with the corresponding
Proposal shall not be opened, but returned to the Proposer.
No Proposal withdrawal shall be permitted unless the
corresponding withdrawal notice contains a valid
authorization to request the withdrawal and is read out at
Proposal opening;
(b) next, the envelopes marked “Stage 2 Proposal –
Substitution-Technical Part” shall be opened and read out
and exchanged with the corresponding Proposal being
substituted, and the substituted Proposal shall not be
opened, but returned to the Proposer. No Proposal
substitution shall be permitted unless the corresponding
substitution notice contains a valid authorization to request
the substitution and is read out at Proposal opening;
(c) next, envelopes marked “Stage 2 Proposal – Modification –
Technical Part” shall be opened and read out with the
corresponding Proposal. No Proposal modification shall be
permitted unless the corresponding modification notice
contains a valid authorization to request the modification
and is read out at Proposal opening. Only Proposals that are
opened and read out at Proposal opening shall be
Section I - Instructions to Proposers (ITP) 34

considered further;
(d) next, all other envelopes marked “Stage 2 Proposal –
Technical Part” shall be opened one at a time. All envelopes
marked “Stage 2 Proposal – Financial Part” shall remain
sealed, and kept by the Employer in safe custody until they
are opened, at a later public opening, following the
evaluation of the Technical Part of the Proposals. On
opening the Technical Part envelopes, the Employer shall
read out: the name of the Proposer and whether there is a
modification; the presence or absence of a Proposal security
or a Proposal-Securing Declaration; and any other details as
the Employer may consider appropriate
(e) no Proposal shall be rejected at the public opening except
for late Proposals, in accordance with ITP 37.1.
39.2 The Employer shall prepare a record of the public opening that
shall include, as a minimum: the name of the Proposer and
whether there is a withdrawal, substitution, or modification. The
Proposers’ representatives who are present shall be requested to
sign the record. The omission of a Proposer’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 Proposers who
submitted Proposals in time, and posted online when electronic
procurement is permitted.

J. SECOND STAGE: EVALUATION OF TECHNICAL PART


40. 40.1 Information relating to the evaluation of the Technical Part shall
Confidentiali not be disclosed to Proposers or any other persons not officially
ty concerned with the RFP process until the Notification of
evaluation of the Technical Part in accordance with ITP 44.
40.2 Information relating to the evaluation of the Financial Part, the
evaluation of combined Technical Part and Financial Part, and
the recommendation of contract award shall not be disclosed to
Proposers, or any other persons not officially concerned with
such process until information on Intention to Award the
Contract is transmitted to all Proposers in accordance with ITP
60.
40.3 Any effort by a Proposer to influence the Employer in the
evaluation of the Proposals may result in the rejection of its
Proposal.
40.4 Notwithstanding ITP 44, from the time of Proposal opening to
the time of Contract award, if any Proposer wishes to contact the
Employer on any matter related to the RFP process, it should do
Section I - Instructions to Proposers (ITP) 35

so in writing.
41. Clarification 41.1 To assist in the examination, evaluation, and comparison of the
of Proposals Proposals, and qualification of the Proposers, the Employer may,
at its discretion, ask any Proposer for a clarification of its
Proposal. Any clarification submitted by a Proposer 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.
41.2 If a Proposer does not provide clarifications of its Proposal by
the date and time set in the Employer’s request for clarification,
its Proposal may be rejected.
42. 42.1 The Employer’s determination of a Proposal’s substantial
Determinati responsiveness is to be based on the contents of the Proposal
on of itself. For purposes of this determination, a substantially
Responsiven responsive Proposal is one that (a) materially conforms with the
ess First Stage Proposal and/or any alternative components or
alternative Proposals which the Employer invited the Proposer
to offer in its Second Stage Proposal, (b) incorporates the
modifications, if any, listed in the Proposer-specific
memorandum titled “Changes Required Pursuant to First Stage
Evaluation” pursuant to ITP 26.7, and (c), reflects amendments,
if any, to the RFP Documents issued as Addenda together with
or subsequent to the Invitation for Proposals -- Second Stage,
pursuant to ITP 27.1.
42.2 Provided that a Proposal is substantially responsive, the
Employer may waive any nonmaterial nonconformity in the
Proposal.
42.3 Provided that a Proposal is substantially responsive, the
Employer may request that the Proposer submit the necessary
information or documentation, within a reasonable period of
time, to rectify nonmaterial nonconformities in the Proposal
related to documentation requirements.
43. Evaluation 43.1 The Employer’s evaluation of technical proposals will be carried
of Technical out as specified in Section III, Evaluation and Qualification
Proposals Criteria.
43.2 The scores to be given to technical factors and sub factors are
specified in the PDS.
44. Notification 44.1 Following the completion of the evaluation of the Technical
of evaluation Parts of Proposals, the Employer shall make the following
of Technical notifications:
Parts
Section I - Instructions to Proposers (ITP) 36

(a) Notify in writing those Proposers whose Proposals were


considered substantially non-responsive to the
requirements in the RFP, advising them of the following
information:
(i) the grounds on which their Technical Part has been
considered to be non-responsive;
(ii) their envelope marked “Financial Part” will be
returned to them unopened after the completion of
the Proposal evaluation process and the signing of
the Contract;
(b) simultaneously, notify in writing those Proposers whose
Proposals were considered substantially responsive to the
requirements in the RFP, advising them that their Proposal
has been evaluated as substantially responsive to the RFP;
and
(c) notify all Proposers in accordance with the one of
following two options:
(i) Option 1: when BAFO or negotiations is not to be
applied, the date, time and location of the public
opening of the envelopes marked ‘Financial Part”,
or;
(ii) Option 2: when BAFO or negotiations apply as
specified in the PDS ITP 55 and ITP 57
respectively, that: (i) the envelopes marked
‘Financial Part’ will not be opened in public, but in
the presence of a Probity Assurance Provider
(Probity Auditor) appointed by the Employer, and
that (ii) the announcement of the names of the
Proposers whose Financial Parts will be opened and
the total Proposal prices will be deferred to the time
that the Notification of Intention to Award the
contract is issued.

K. SECOND STAGE: OPENING OF FINANCIAL PARTS


45. Public 45.1 When BAFO or negotiations do not apply as specified in the
Opening of PDS, the Financial Parts will be opened in public by the
Financial Employer in the presence of Proposers, or their designated
Parts when representatives, and anyone else who chooses to attend. The
BAFO or opening date shall be no less than ten (10) Business Days from
negotiations the date of notification of the results of the technical evaluation,
do not apply described in ITP 44.1. However, if the Employer receives a
complaint on the results of the technical evaluation within the
Section I - Instructions to Proposers (ITP) 37

ten (10) Business Days, the opening date shall be subject to ITP
66.1. Each envelope marked “Financial Part” shall be inspected
to confirm that it has remained sealed and unopened. These
envelopes shall then be opened by the Employer. The Employer
shall read out the names of each Proposer, the technical score,
the total Proposal prices, per lot (contract) if applicable,
including any discounts, the presence or absence of a Proposal
Security or Proposal-Securing Declaration, if required and any
other details as the Employer may consider appropriate. Only
discounts read out at the public opening shall be considered for
evaluation. The Letter of Proposal - Financial Part and the Price
Schedules are to be initialed by representatives of the Employer
attending the public opening in the manner specified in the PDS.
45.2 The Employer shall prepare a record of the Financial Part of the
Proposal opening that shall include, as a minimum:
(a) the name of the Proposers whose Financial Part was
opened;
(b) the Proposal prices, per lot (contract) if applicable,
including any discounts.
45.3 The Proposers whose envelopes marked “Financial Part” have
been opened, or their representatives who are present, shall be
requested to sign the record. The omission of a Proposer’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 Proposers.
46. Opening of 46.1 When, as specified in the PDS, BAFO or negotiations apply the
Financial Financial Parts will not be opened in public, and will be opened
Parts when in the presence of a Probity Assurance Provider appointed by the
BAFO or Employer.
negotiations
apply 46.2 At the opening each of the envelopes marked “Financial Part”
shall be inspected to confirm that they have remained sealed and
unopened. These envelopes shall then be opened by the
Employer. The Employer shall record the names of each
Proposer, and the total Proposal prices and any other details as
the Employer may consider appropriate. The Letter of Proposal -
Financial Part and the Price Schedules are to be initialed by
representatives of the Employer attending the public opening and
by the Probity Assurance Provider.
46.3 The Employer shall prepare a record of the opening of the
Financial Part envelopes that shall include, as a minimum:
(a) the name of the Proposers whose Financial Part was
opened;
Section I - Instructions to Proposers (ITP) 38

(b) the Proposal prices including any discounts. And


(c) the Probity Assurance Provider’s report of the opening of
the Financial Part.
46.4 The Probity Assurance Provider shall sign the record. The
contents of the envelopes marked ‘Financial Part’ and the record
of the opening shall be kept in safe custody by the Employer and
not disclosed to anyone until the time of the transmission of the
Notification of Intention to Award the contract.

L. SECOND STAGE: EVALUATION OF FINANCIAL PART


47. Nonmaterial 47.1 Provided that a Proposal is substantially responsive, the
Nonconformi Employer shall rectify quantifiable nonmaterial nonconformities
ties related to the Proposal Price. To this effect, the Proposal Price
shall be adjusted, for comparison purposes only, to reflect the
price of a missing or non-conforming item or component by
adding the average price of the item or component quoted by
substantially responsive Proposers. If the price of the item or
component cannot be derived from the price of other
substantially responsive Proposers, the Employer shall use its
best estimate.
48. Arithmetic 48.1 The Employer shall correct arithmetical errors on the following
Correction basis:
(a) Schedule of Priced Sub-activities: where there are errors
between the total of the amounts given under the column
for Sub-activity Price and the amount given under the total
for the Sub-activity, the former shall prevail and the latter
will be corrected accordingly;
(b) Schedule of Priced Activities: where there are errors
between the total of the amounts given under the column
for the Activity Price and the amount given under the total
price of Activities, the former shall prevail and the latter
will be corrected accordingly;
(c) where there are errors between the total of the amounts in
the Schedule of Priced Sub-activities and the
corresponding amount in the Schedule of Priced
Activities, the former shall prevail and the latter will be
corrected accordingly;
(d) Schedule of Rates and Prices: if there is a discrepancy
between the unit price and the total price that is obtained
by multiplying the unit price and quantity, the unit price
shall prevail and the total price shall be corrected, unless
Section I - Instructions to Proposers (ITP) 39

in the opinion of the Employer there is an obvious


misplacement of the decimal point in the unit price, in
which case the total price as quoted shall govern and the
unit price shall be corrected;
(e) Schedule of Rates and Prices: if there is an error in a
total corresponding to the addition or subtraction of
subtotals, the subtotals shall prevail, and the total shall be
corrected;
(f) Grand Summary: where there are errors between (i) the
total price of Activities in the Schedule of Priced
Activities and the total of the Schedule of Rates and
Prices respectively, and (ii) the amount given in Grand
Summary, (i) shall prevail and the latter will be corrected
accordingly; and
(g) 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) to (f) above.
48.2 A Proposer shall be requested to accept the correction of
arithmetical errors. Failure to accept the correction in accordance
with ITP 48.1 shall result in the rejection of the Proposal.
49. Conversion 49.1 For evaluation and comparison purposes, the currency (ies) of
to Single the Proposal shall be converted into a single currency as
Currency specified in the PDS.
50. Margin of 50.1 Unless otherwise specified in the PDS, a margin of preference for
Preference domestic Proposers1 shall not apply.
51. Evaluation 51.1 To evaluate each Proposal’s Financial Part, the Employer shall
Process consider the following:
Financial
Parts (a) the Proposal price, excluding provisional sums and the
provision, if any, for contingencies in the Schedule of
Priced Activities and the Schedule of Rates and Prices, but
including Daywork items, where priced competitively;
(b) price adjustment for correction of arithmetic errors in
1
An individual firm is considered a domestic Proposer for purposes of the margin of preference if it is registered in the
country of the Employer, has more than 50 percent ownership by nationals of the country of the Employer, and if it does not
subcontract more than 10 percent of the contract price, excluding provisional sums, to foreign contractors. JVs are
considered as domestic Proposer and eligible for domestic preference only if the individual member firms are registered in
the country of the Employer or have more than 50 percent ownership by nationals of the country of the Employer, and the
JV shall be registered in the country of the Borrower. The JV shall not subcontract more than 10 percent of the contract
price, excluding provisional sums, to foreign firms. JVs between foreign and national firms will not be eligible for domestic
preference.
Section I - Instructions to Proposers (ITP) 40

accordance with ITP 48.1;


(c) price adjustment due to discounts offered in accordance
with ITP 30.7;
(d) price adjustment due to quantifiable nonmaterial
nonconformities in accordance with ITP 47.1;
(e) converting the amount resulting from applying (a) to (c)
above, if relevant, to a single currency in accordance with
ITP 49.1; and
(f) any additional evaluation factors indicated in the PDS and
detailed in Section III, Evaluation and Qualification
Criteria.
51.2 If price adjustment is allowed in accordance with ITP 30.5, 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 Proposal
evaluation.
51.3 If this RFP allows Proposers to quote separate prices for
different lots (contracts), each lot will be evaluated separately to
determine the most advantageous proposal using the
methodology specified in Section III, Evaluation and
Qualification Criteria. Discounts that are conditional on the
award of more than one lot, or slice shall not be considered
for proposal evaluation.
52. Abnormally 52.1 An Abnormally Low Proposal is one where the Proposal price,
Low in combination with other elements of the Proposal, appears so
Proposals low that it raises material concerns as to the capability of the
Proposer to perform the Contract for the offered Proposal Price.
52.2 In the event of identification of a potentially Abnormally Low
Proposal, the Employer shall seek written clarifications from the
Proposer, including detailed price analyses of its Proposal price
in relation to the subject matter of the contract, scope, proposed
methodology, schedule, allocation of risks and responsibilities
and any other requirements of the RFP Document.
52.3 After evaluation of the price analyses, in the event that the
Employer determines that the Proposer has failed to demonstrate
its capability to perform the Contract for the offered Proposal
Price, the Employer shall reject the Proposal.
53. Unbalanced 53.1 If the Proposal that is evaluated as the lowest evaluated cost is,
or Front in the Employer’s opinion, seriously unbalanced or front loaded
Loaded the Employer may require the Proposer to provide written
Proposals clarifications. Clarifications may include detailed price analyses
Section I - Instructions to Proposers (ITP) 41

to demonstrate the consistency of the Proposal prices with the


scope of the Works, proposed methodology, schedule and any
other requirements of the RFP Document.
53.2 After the evaluation of the information and detailed price
analyses presented by the Proposer, the Employer may:
(a) accept the Proposal, or
(b) if appropriate, require that the total amount of the
Performance Security be increased, at the expense of the
Proposer, to a level not exceeding twenty percent (20%) of
the Contract Price; or
(c) reject the Proposal.

M. STAGE 2: EVALUATION OF COMBINED TECHNICAL AND


FINANCIAL PART
54. Evaluation 54.1 The Employer’s evaluation of responsive Second Stage Proposals
of Combined will take into account technical factors, in addition to cost factors
Technical in accordance with Section III – Second Stage Evaluation and
and Qualification Criteria. The weight to be assigned for the
Financial Technical factors and cost is specified in the PDS. The Employer
Proposals will rank the proposals based on the evaluated proposal score (B).
55. Best and 55.1 After completion of the combined technical and financial
Final Offer evaluation of proposals, if specified in the PDS, the Employer
(BAFO) may invite those Proposers to submit their BAFOs. The procedure
for submitting BAFOs will be specified in the PDS. BAFO is a
final opportunity for Proposers to improve their Proposals without
changing the specified business function and performance
requirements in accordance with the invitation to Submit Second
Stage Combined Technical and Financial Proposals. Proposers are
not obliged to submit a BAFO. Where BAFO is used there will be
no negotiation after BAFO.
55.2 BAFO will apply a two envelope procurement process. The
submission of BAFOs, opening of the Technical Parts and
Financial Parts and the evaluation of Proposals will follow the
procedures described for the Technical, Financial and Combined
evaluation above, as appropriate.
56. Most 56.1 The Most Advantageous Proposal is the Proposal of the Proposer
Advantageo that meets the Qualification Criteria, and whose Proposal has
us Proposal been determined to be:
(MAP)
(a) substantially responsive to the RFP; and
Section I - Instructions to Proposers (ITP) 42

(b) the best evaluated Proposal i.e. the highest scoring Proposal,
in the combined technical and financial evaluation.
57. Negotiations 57.1 If specified in the PDS, the Employer may conduct negotiations
following the evaluation of Second Stage Proposals and before
the final contract award. The procedure of the negotiations will be
specified in the PDS.
57.2 Negotiations shall be held in the presence of Probity Assurance
Provider appointed by the Employer.
57.3 Negotiations may address any aspect of the contract so long as
they do not change the specified business function and
performance requirements.
57.4 The Employer may negotiate first with the Proposer that has the
Most Advantageous Proposal. If the negotiations are unsuccessful
the Employer may negotiate with the Proposer that has the next
best Most Advantageous Proposal, and so on down the list until a
successful negotiated outcome is achieved.
58. Employer’s 58.1 The Employer reserves the right to accept or reject any Proposal,
Right to and to annul the RFP process and reject all Proposals at any time
Accept Any prior to contract award, without thereby incurring any liability to
Proposal, Proposers. In case of annulment, all Proposals submitted and
and to specifically, Proposal securities shall be promptly returned to the
Reject Any Proposers.
or All
Proposals
59. Standstill 59.1 The Contract shall not be awarded earlier than the expiry of the
Period Standstill Period. The Standstill Period shall be ten (10) Business
Days unless extended in accordance with ITP 63. The Standstill
Period commences the day after the date the Employer has
transmitted to each Proposer (that has not already been notified
that it has been unsuccessful) the Notification of Intention to
Award the Contract. Where only one Proposal is submitted, or if
this contract is in response to an emergency recognized by the
Bank, the Standstill Period shall not apply.
60. Notification 60.1 The Employer shall send to each Proposer (that has not already
of Intention been notified that it has been unsuccessful) the Notification of
to Award Intention to Award the Contract to the successful Proposer. The
Notification of Intention to Award shall contain, at a minimum,
the following information:
(a) the name and address of the Proposer submitting the
successful Proposal;
Section I - Instructions to Proposers (ITP) 43

(b) the Contract price of the successful Proposal;


(c) the total combined score of the successful Proposal;
(d) the names of all Proposers who submitted Proposals, and
their Proposal prices as readout and as evaluated prices and
technical score;
(e) a statement of the reason(s) the Proposal (of the unsuccessful
Proposer to whom the notice is addressed) was unsuccessful;
(f) the expiry date of the Standstill Period; and
(g) instructions on how to request a debriefing or submit a
complaint during the standstill period;

N. AWARD OF CONTRACT
61. Award 61.1 Subject to ITP 58.1, the Employer shall award the Contract to the
Criteria Proposer with the Most Advantageous Proposal, provided that the
Proposer is determined to be eligible and qualified to perform the
Contract satisfactorily.
62. Notification 62.1 Prior to the date of expiry of the Proposal validity, and upon
of Award expiry of the Standstill Period, specified in ITP 59.1 or any
extension thereof, and upon satisfactorily addressing any
complaint that has been filed within the Standstill Period, the
Employer shall notify the successful Proposer, in writing, that its
Proposal has been accepted. The notification of award (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 Supplier in consideration of the execution of the
Contract (hereinafter and in the Conditions of Contract and
Contract Forms called “the Contract Price”).
62.2 Within ten (10) Business days from the transmission of the Letter
of Acceptance, the Employer shall publish the Contract Award
Notice which shall contain, at a minimum, the following
information:
(a) name and address of the Employer;
(b) name and reference number of the contract being awarded,
and the selection method used;
(c) names of all Proposers that submitted Proposals, and their
Proposal prices as read out at Proposal opening, and as
evaluated;
(d) name of Proposers whose Proposals were rejected and the
reasons for their rejection;
Section I - Instructions to Proposers (ITP) 44

(e) the name of the successful Proposer, the final total contract
price, the contract duration and a summary of its scope; and
(f) successful Proposer’s Beneficial Ownership Disclosure Form.
62.3 The Contract Award Notice shall be published on the Employer’s
website with free access if available, or in at least one newspaper
of national circulation in the Employer’s Country, or in the official
gazette. The Employer shall also publish the contract award notice
in UNDB online.
62.4 Until a formal contract is prepared and executed, the Letter of
Acceptance shall constitute a binding Contract.
63. Debriefing 63.1 On receipt of the Borrower’s Notification of Intention to Award
by the referred to in ITP 60, an unsuccessful Proposer has three (3)
Employer Business Days to make a written request to the Employer for a
debriefing. The Employer shall provide a debriefing to all
unsuccessful Proposers whose request is received within this
deadline.
63.2 Where a request for debriefing is received within the deadline, the
Employer shall provide a debriefing within five (5) Business Days,
unless the Employer decides, for justifiable reasons, to provide the
debriefing outside this timeframe. In that case, the standstill period
shall automatically be extended until five (5) Business Days after
such debriefing is provided. If more than one debriefing is so
delayed, the standstill period shall not end earlier than five (5)
Business Days after the last debriefing takes place. The Employer
shall promptly inform, by the quickest means available, all
Proposers of the extended standstill period.
63.3 Where a request for debriefing is received by the Employer later
than the three (3)-Business Day deadline, the Employer should
provide the debriefing as soon as practicable, and normally no later
than fifteen (15) Business Days from the date of publication of
Public Notice of Award of contract. Requests for debriefing
received outside the three (3)-day deadline shall not lead to
extension of the standstill period.
63.4 Debriefings of unsuccessful Proposers may be done in writing or
verbally. The Proposer shall bear their own costs of attending such
a debriefing meeting.
64. Signing of 64.1 The Employer shall send to the successful Proposer the Letter of
Contract Acceptance including the Contract Agreement, and a request to
submit the Beneficial Ownership Disclosure Form providing
additional information on its beneficial ownership. The Beneficial
Ownership Disclosure Form shall be submitted within eight (8)
Section I - Instructions to Proposers (ITP) 45

Business Days of receiving this request.


64.2 The successful Proposer shall sign, date, and return to the
Employer, the Contract Agreement within twenty-eight (28) days
of its receipt.
65. 65.1 Within twenty-eight (28) days of the receipt of the Letter of
Performanc Acceptance from the Employer, the successful Proposer shall
e Security furnish the Performance Security and if required in the PDS, the
Environmental and Social (ES ) Performance Security, in
accordance with the General Conditions, subject to ITP 53.2 (b),
using the Performance Security and ES Performance Security
Forms included in Section X, Contract Forms, or another form
acceptable to the Employer. If the performance security furnished
by the successful Proposer is in the form of a bond, it shall be
issued by a bonding or insurance company that has been
determined by the successful Proposer to be acceptable to the
Employer. A foreign institution providing a bond shall have a
correspondent financial institution located in the Employer’s
Country, unless the Employer has agreed in writing that a
correspondent financial institution is not required.
65.2 Failure of the successful Proposer to submit the above-mentioned
Performance Security and if required in the PDS, the
Environmental and Social (ES ) Performance Security, or sign the
Contract shall constitute sufficient grounds for the annulment of
the award and forfeiture of the Proposal security. In that event the
Employer may award the Contract to Most Advantageous
Proposal.
66. 66.1 The procedures for making a Procurement-related Complaint are as
Procureme specified in the PDS.
nt Related
Complaint
Section II - Proposal Data Sheet (PDS) 46

SECTION II - PROPOSAL DATA SHEET (PDS)

The following specific data for the proposed Works shall complement, supplement, or amend the
provisions in the Instructions to Proposers (ITP). Whenever there is a conflict, the provisions
herein shall prevail over those in ITP.
[Where an e-procurement system is used, modify the relevant parts of the PDS accordingly to
reflect the e-procurement process]
[Instructions for completing the Proposal Data Sheet are provided, as needed, in the notes in
italics mentioned for the relevant ITP. All notes in italics, other than those intended for the
Proposer, should be deleted]

ITP
Reference A. General

ITP 1.1 The reference number of the Request for Proposals is: [insert reference number of
the Request for Proposals]
The Employer is: [insert name of the Employer]
The name of the RFP is: [insert name of the RFP]
The number and identification of lots (contracts) comprising this RFP is: [insert
number and identification of lots (contracts)]

ITP 2.1 The Borrower is: [insert name of the Borrower and statement of relationship with
the Employer, if different from the Borrower. This insertion should correspond to
the information provided in the Invitation for Proposals]

ITP 2.1 Loan or Financing Agreement amount: [insert US$ equivalent]


____________________________
The name of the Project is: [insert name of the project]

ITP 1.3 (a) [delete if not applicable]


“Electronic – Procurement System
The Employer shall use the following electronic-procurement system to manage this
procurement process:
[insert name of the e-system and url address or link]
The electronic-procurement system shall be used to manage the following aspects of
the Procurement process:
[insert aspects e.g. issuing RFP, submissions of Proposals, opening of Proposals]”
Section II - Proposal Data Sheet (PDS) 47

ITP 4.1 Maximum number of members in the JV shall be: [insert a number]
_______________

ITP 4.5 A list of debarred firms and individuals is available on the Bank’s external website:
http://www.worldbank.org/debarr.

B. RFP Document
ITP 7.1 For Clarification of Proposal purposes only, the Employer’s address is:
[insert the corresponding information as required below. This address may be the
same as or different from that specified under provision ITP 19.1 for Proposal
submission]
Attention: [insert full name of person, if applicable]
Address: [insert street address and number]
Floor/ Room number: [insert floor and room number, if applicable]
City:] [insert name of city or town]
ZIP Code: [insert postal (ZIP) code, if applicable]
Country: [insert name of country]
Telephone: [insert telephone number, including country and city codes]
Facsimile number: [insert fax number, including country and city codes]
Electronic mail address: [insert email address, if applicable]
Requests for clarification should be received by the Employer no later than: [insert
no. of days].

ITP 7.1 Web page: [in case used, identify the widely used website or electronic portal of
free access where RFP process information is
published]_______________________________________________

ITP 7.4 A Pre-Proposal meeting_________ take place at the following date, time and place:
Date: ________________________________________________________
Time: ________________________________________________________
Place: ________________________________________________________
A site visit conducted by the Employer ___________[insert “shall be” or “shall not
be”] organized.

C. Preparation of Proposals
Section II - Proposal Data Sheet (PDS) 48

ITP 11.1 The language of the Proposal is: [insert “English” or” Spanish” or “French”].

[Note: In addition to the above language, and if agreed with the Bank, the Employer
has the option to issue translated versions of the RFP Document in another language
which should either be: (a) the national language of the Employer; or (b) the
language used nation-wide in the Employer’s Country for commercial transactions.
In such case, the following text shall be added:]
“In addition, the RFP Document is translated into the [insert national or nation-wide
used] language [if there are more than one national or nation-wide used language,
add “and in the ____________” [insert the second national or nation-wide language].
Proposals shall have the option to submit their Proposal in any one of the languages
stated above. Proposers shall not submit Proposals in more than one language.]”
All correspondence exchange shall be in ____________ language.
Language for translation of supporting documents and printed literature is
_______________________. [specify one language].

ITP 12.1(j) The Proposer shall submit with its Proposal the following additional documents:
[list any additional document not already listed in ITP 12.1 that must be submitted
with the Proposal. The list of additional documents shall include the following:]
Code of Conduct for Contractor’s Personnel (ES)

The Proposer shall submit its Code of Conduct that will apply to Contractor’s
Personnel (as defined in Sub-Clause 1.1.22 of the General Conditions), to ensure
compliance with the Contractor’s Environmental and Social (ES) obligations under
the Contract. The Proposer shall use for this purpose the Code of Conduct form
provided in Section IV. No substantial modifications shall be made to this form,
except that the Proposer may introduce additional requirements, including as
necessary to take into account specific Contract issues/risks.

[If the contract has been assessed to present potential or actual cyber security risks,
the method statement, risk assessment and management plans must also be required
to include method statement, management strategies, implementation plans and
innovations to manage cyber security risks. Similarly if there are assessed supply
chain risks, the risk assessment and proposed management plan, must include
proposed supply chain risks management plans.]

ITP 17.1, In addition to the original of the Proposal, the number of copies is: [insert number of
ITP 34.1 copies]
and, ITP
35.1

ITP 17.2 The written confirmation of authorization to sign on behalf of the Proposer shall
and ITP consist of: [insert the name and description of the documentation required to
Section II - Proposal Data Sheet (PDS) 49

34.2 demonstrate the authority of the signatory to sign the Proposal].

D. Submission of First Stage Technical Proposals


ITP 19.1 For Proposal submission purposes only, the Employer’s address is : [This address
may be the same as or different from that specified under provision ITP 7.1 for
clarifications]
Attention: [insert full name of person, if applicable]
Street Address: [insert street address and number]
Floor/Room number: [insert floor and room number, if applicable]
City: [insert name of city or town]
ZIP Code: [insert postal (ZIP) code, if applicable]
Country: [insert name of country]
The deadline for Proposal submission is:
Date: [insert day, month, and year, e.g. 15 June, 2017]

Time: [insert time, and identify if a.m. or p.m., e.g. 10:30 a.m.]
[The date and time should be the same as those provided in the Request for Proposals,
unless subsequently amended pursuant to ITP 19.2]

ITP 19.1, Proposers _______________ [insert “shall” or “shall not”] have the option of
ITP 35.1 submitting their Proposals electronically.
and ITP [The following provision should be included and the required corresponding
36.1 information inserted only if Proposers have the option of submitting their
Proposals electronically. Otherwise omit.]
The electronic Proposal submission procedures shall be: [insert a description of the
electronic Proposal submission procedures.]

ITP 22.1 The Proposal opening shall take place at:


Street Address: [insert street address and number]
Floor/Room number: [insert floor and room number, if applicable]
City: [insert name of city or town]

Country: [insert name of country]

Date: [insert day, month, and year, e.g. 15 June, 2017]


Section II - Proposal Data Sheet (PDS) 50

Time:
[insert time, and identify if a.m. or p.m. e.g. 10:30 a.m.] [Date and time should be
the same as those given for the deadline for submission of Proposals in ITP 19.1]

ITP 22.1 [The following provision should be included and the required corresponding
and ITP information inserted only if Proposers have the option of submitting their
39.1 Proposals electronically. Otherwise omit.]
The electronic Proposal opening procedures shall be: [insert a description of the
electronic Proposal opening procedures.]

ITP 28.2 (i) ‘The Proposer shall submit with its Proposal the following additional documents:
[list any additional document not already listed in ITP 28.2 that must be submitted
with the Second Stage Financial Proposal]’ otherwise state ‘none’.

ITP 28.4 (d) ‘The Proposer shall submit with its Proposal the following additional documents:
[list any additional document not already listed in ITP 28.4 that must be submitted
with the Second Stage Financial Proposal]’ otherwise state ‘none’.

ITP 30.1 [Normally, based on this contractual approach, only the Excavation and Lining
Works shall be subject to measurement. Specify if there are any other Works that
shall be subject to measurement. Otherwise, state: “Not Applicable”.]

ITP 30.3 The prices quoted by the Proposer [insert “shall “or “shall not”] ___________ be
subject to adjustment during the performance of the Contract.

ITP 31.1 The currency(ies) of the Proposal and the payment currency(ies) shall be in
accordance with Alternative _________ as described below:
Alternative A (Proposers to quote entirely in local currency):
(a) The prices shall be quoted by the Proposer in the Schedules of Priced Activities
and Sub-activities and the Schedule of Rates and Prices entirely in
__________________[Insert the name of the currency of the Employer’s
Country,] and further referred to as “the local currency”. A Proposer expecting
to incur expenditures in other currencies for inputs to the Works supplied from
outside the Employer’s country (referred to as “the foreign currency
requirements”) shall indicate in the Appendix to Proposal - Table C, the
percentage(s) of the Proposal Price (excluding Provisional Sums), needed by
the Proposer for the payment of such foreign currency requirements, limited to
no more than three foreign currencies.
(b) The rates of exchange to be used by the Proposer in arriving at the local
currency equivalent and the percentage(s) mentioned in (a) above shall be
specified by the Proposer in the Appendix to Proposal - Table C, and shall
Section II - Proposal Data Sheet (PDS) 51

apply for all payments under the Contract so that no exchange risk will be borne
by the successful Proposer.
Alternative B (Proposers allowed to quote in local and foreign currencies):
(a) The prices shall be quoted by the Proposer in the Schedules of Priced Activities
and Sub-activities and the Schedule of Rates and Prices separately in the
following currencies:
(i) for those inputs to the Works that the Proposer expects to supply from
within the Employer’s country, in __________________[Insert the
name of the currency of the Employer’s Country], and further referred
to as “the local currency”; and
(ii) for those inputs to the Works that the Proposer expects to supply from
outside the Employer’s country (referred to as “the foreign currency
requirements”), in up to any three foreign currencies.

ITP 32 [If a Proposal Security shall be required, a Proposal-Securing Declaration shall


not be required, and vice versa.]
A Proposal Security [insert “shall be” or “shall not be”] required.
A Proposal-Securing Declaration [insert “shall be” or “shall not be”] required.
If a Proposal Security shall be required, the amount and currency of the Proposal
Security shall be
[If a Proposal Security is required, insert amount and currency of the Proposal
Security. Otherwise insert “Not Applicable”.] [In case of lots, please insert amount
and currency of the Proposal Security for each lot]
[Note: Proposal Security is required for each lot as per amounts indicated against
each lot. Proposers have the option of submitting one Proposal Security for all lots
(for the combined total amount of all lots) for which Proposals have been
submitted, however if the amount of Proposal Security is less than the total
required amount, the Employer will determine for which lot or lots the Proposal
Security amount shall be applied.]
[The following provision should be included and the required corresponding
information inserted only if a Proposal security is not required under provision
ITP 32.1 and the Employer wishes to declare the Proposer ineligible for a period of
time should the Proposer performs the actions mentioned in provision ITP 32.9.
Otherwise omit.]
If the Proposer performs any of the actions prescribed in subparagraphs (a) or (b) of
this provision, the Borrower will declare the Proposer ineligible to be awarded
contracts by the Employer for a period of ______ years [insert period of time],
starting from the date the Proposer performs any of the actions specified in ITP 32.9
(a) or (b.)

ITP 32.3 (d) Other types of acceptable securities:


Section II - Proposal Data Sheet (PDS) 52

[Insert names of other acceptable securities. Insert “None” if no Proposal Security


is required under provision ITP 32.1 or if Proposal Security is required but no
other forms of Proposal securities besides those listed in ITP 32.3 (a) through (c)
are acceptable.]

ITP 33.3 The Proposal price shall be adjusted by the following factor(s): ________
[The local currency portion of the Contract price shall be adjusted by a factor
reflecting local inflation during the period of extension, and the foreign currency
portion of the Contract price shall be adjusted by a factor reflecting the
international inflation (in the country of the foreign currency) during the period of
extension.]

ITP 43.2 The technical factors (sub-factors) and the corresponding weight are: [If the contract
has been assessed to present potential or actual cyber security risks, the risk
assessment and proposed management plans technical factor must be required to
include, among other key risks, method statement, management strategies,
implementation plans and innovations to manage cyber security risks. Similarly, if
there are assessed supply chain risks, the risk assessment and proposed management
plan, must include proposed supply chain risks management plans.]
weight in percentage
Technical Factor
[insert weight in %]
1. to what extent the proposed Works exceed the
Employer’s Requirements
2. Design Proposal;
3. Method Statements for construction activities;
4. Code of Conduct
5. Completion Schedule
6. Site organization, team composition, qualfifications and
experience of Contractor’s Personnel
7. Key Equipment Strategy
8. Quality of Sustainable Procurement Proposal
9. [Include any other factors as appropriate]
10. [The above are proposed headings. Expand as 11.
appropriate to enable evaluation. Modify and/or add
any other factors as appropriate]…
12.

[The above technical factors may be modified as appropriate ensuringthat the


documents requested from Proposers as part of their technical proposals (Section
Section II - Proposal Data Sheet (PDS) 53

IV) enable evaluation of the technical factors.]


[The weights should be allocated in terms of the relative significance of the
technical factors. To enable evaluation of the technical factors, insert technical sub-
factors consistent with the expectation and corresponding weights, as appropriate].

ITP 45.1 The Letter of Proposal and Price Schedules shall be initialed by [insert number]
representatives of the Employer conducting Proposal opening. [Insert procedure:
Example: Each Proposal shall be numbered and any modification to the unit or
total price shall be initialed by the Representative of the Employer, etc.]

ITP 49.1 The currency that shall be used for Proposal evaluation and comparison purposes to
convert, at the selling exchange rate, all Proposal prices expressed in various
currencies into a single currency is: [Insert name of currency]
The source of exchange rate shall be: ________ [Insert name of the source of
exchange rates (e.g., the Central Bank in the Employer’s Country).]
The date for the exchange rate shall be the deadline for submission of Second Stage
Proposals as specified in ITP 36, unless otherwise specified by the Employer.
The currency(ies) of the Proposal shall be converted into a single currency in
accordance with the procedure under Alternative _____ that follows:
Alternative A: Proposers quote entirely in local currency
For comparison of Proposals, the Proposal Price, corrected pursuant to ITP 48.1, shall
first be broken down into the respective amounts payable in various currencies by
using the selling exchange rates specified by the Proposer in accordance with ITP
31.1.
In the second step, the Employer will convert the amounts in various currencies in
which the Proposal Price is payable (excluding Provisional Sums but including
Daywork 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.
OR
Alternative B: Proposers quote in local and foreign currencies
The Employer will convert the amounts in various currencies in which the proposal
Price, corrected pursuant to ITP 48.1, is payable (excluding Provisional Sums but
including Daywork 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.

ITP 50.1 [The following provision should be included and the required corresponding
information inserted only if the Employer intends to apply margin of preference
and it is allowed in the Procurement Plan for the subject contract. Otherwise
delete]
Section II - Proposal Data Sheet (PDS) 54

A margin of domestic preference [insert either “shall” or “shall not”]


_________apply.
[If a margin of preference applies, the application methodology shall be defined in
Section III – Evaluation and Qualification Criteria.]

ITP 51.1 (f) The adjustments shall be determined using the following criteria as detailed in
Section III:
(a) Deviation in Time Schedule: [insert Yes or No. If yes insert the adjustment
factor in Section III, Evaluation and Qualification Criteria];
(b) Life cycle costs: the projected operating and maintenance costs for the Works
[insert Yes or No. If yes, insert the Methodology and criteria in Section III,
Evaluation and Qualification Criteria]; and
(c) [insert any other specific criteria here and provide details in Section III,
Evaluation and Qualification Criteria]

ITP 54.1 The weight to be given for cost is: ________ [indicate weight for cost such that
weight for cost plus weight for total technical score is 1(one).]

ITP 55.1 BAFO ( “applies” / “does not apply”)


If BAFO applies, the procedure will be: _________________________________

ITP 57.1 Negotiation ( “applies” / “does not apply”)


If negotiation applies, the procedure will be:
______________________________

ITP 65.1 [Delete the following if not applicable]


and 65.2 The successful Proposer shall be required to submit an Environmental and Social (ES
) Performance Security.
[The ES Performance Security shall normally be required where ES risks are high.]

ITP 66.1 The procedures for making a Procurement-related Complaint are detailed in the
“Procurement Regulations for IPF Borrowers (Annex III).” If a Proposer wishes to
make a Procurement-related Complaint, the Proposer shall submit its complaint
following these procedures, In Writing (by the quickest means available, such as by
email or fax), to:
For the attention: [insert full name of person receiving complaints]
Title/position: [insert title/position]
Employer: [insert name of Employer]
Email address: [insert email address]
Section II - Proposal Data Sheet (PDS) 55

Fax number: [insert fax number] delete if not used


In summary, a Procurement-related Complaint may challenge any of the following:
1. the terms of this RFP document;
2. the Employer’s decision to exclude a Proposer from the procurement process
prior to the award of contract; and
3. the Employer’s decision to award the contract.
Section III – Evaluation and Qualification Criteria 56

SECTION III. EVALUATION AND QUALIFICATION CRITERIA

Contents

First Stage Technical Proposals................................................56


1. Evaluation (ITP 24.1 (g)).....................................................................................56
2. Qualification.........................................................................................................56
Second Stage Financial and Technical Proposals.......................58
1. Evaluation of Technical Part (ITP 43).................................................................58
2. Margin of Preference............................................................................................59
3. Evaluation of Financial Part (ITP 51.1(f) )..........................................................61
4. Combined Evaluation (ITP 54)............................................................................62
5. Multiple Contracts (ITP 51.3)..............................................................................63
Section III – Evaluation and Qualification Criteria 57

First Stage Technical Proposals

1. Evaluation (ITP 24.1 (g))


In addition to the criteria listed in ITP 24.1 (a) – (f) the following factors shall apply:
________________________________________________________________________

2. Qualification
2.1 Update of Information
The Proposer and any subcontractors shall meet or continue to meet the criteria
used at the time of initial selection.

2.2 Financial Resources


Using the relevant Form No FIN 3.3 in Section IV, Proposal Forms, the Proposer
must demonstrate access to, or availability of, financial resources such as liquid
assets, unencumbered real assets, lines of credit, and other financial means, other
than any contractual advance payments to meet:
(i) the following cash-flow requirement:
...................................................................................................................................
and
(ii) the overall cash flow requirements for this contract and its current works
commitment.
2.3 Contractor’s Representative and Key Personnel
The Proposer must demonstrate that it will have a suitably qualified Contractor’s
Representative and suitably qualified (and in adequate numbers) minimum Key
Personnel, as described in the Employer’s Requirements.
The Proposer shall provide details of the Contractor’s Representative and Key
Personnel and such other Key Personnel that the Proposer considers appropriate,
together with their academic qualifications and work experience. The Proposer
shall complete the relevant Forms in Section IV, Proposal Forms. [If the contract
has been assessed to present potential or actual cyber security risks, the
Proposer must be required to include Cyber security expert/s among the Key
Personnel.]
2.4 Equipment
The Proposer shall provide its strategy for acquiring and maintaining the key
equipment that may be needed to execute the Works in accordance with the Work
Program.
Section III – Evaluation and Qualification Criteria 58

The Proposer shall provide details in the relevant Form in Section IV.

2.5 Subcontractors
Any Specialized Sub-contractor identified at the time of Initial Selection shall
continue to meet the applicable requirements.

Any other additional subcontractors for the following activities/ subactivities must
meet the following minimum criteria:

[Activity/
Subactivity Description of Item Minimum Criteria to be met
No.]
1
2
3

Section III – Evaluation and Qualification Criteria 59

Second Stage Financial and Technical Proposals


1. Evaluation of Technical Part (ITP 43)
Assessment of adequacy of Technical Proposal with Requirements in accordance with
ITP 43.1:
………………………………………………………………………………………………
[Insert minimum technical requirements, if any, (or refer to appropriate technical
requirements parts) that have to be met by the technical proposals prior to being
considered for technical evaluation by applying the scored technical factors/subfactors
in accordance with PDS ITP 43.2.]
The technical factors, and sub factors if any, to be evaluated and the scores to be given
to each technical factor and sub factors are specified in the PDS ITP 43.2.
...............................................................................................................................................
...............................................................................................................................................
TECHNICAL PROPOSAL SCORING METHODOLOGY
[NOTE TO THE EMPLOYER: The Employer shall develop a scoring methodology to
be included here] The following is only an example and can be modified to fit the
purpose:]

Score (of the Description Remarks


total score for
the
factor/subfactor
as applicable)
0 Required feature is absent; no relevant
information to demonstrate how the
requirement is met
1 Required feature present with deficiencies
such as insufficient or information that lacks
clarity
2 Sufficient information to demonstrate how the
requirement will be met
3 Sufficient information to demonstrate that the
requirement will be marginally exceeded
4 Sufficient information that significantly
exceed the requirement/proposal contributes
to significant value addition

If as per ITP 43.2, the technical factors (and sub- factors, if applicable) are weighted in
terms of relevance, the total technical score would be the weighted average in percent.
Section III – Evaluation and Qualification Criteria 60

The score for each sub- factor (i) within a factor (j) will be combined with the scores of
sub- factors in the same factor as a weighted sum to form the Factor Technical Score
using the following formula:
k
S j≡∑ t ji∗w ji
i=1

where:
tji = the technical score for sub- factor “i” in factor “j”
wji = the weight of sub- factor “i” in factor “j”,
k = the number of scored sub-factors in factor “j”
k
∑ w ji=1
i=1
and
The Factor Technical Scores will be combined in a weighted sum to form the total
Technical Proposal Score using the following formula:
n
T ≡∑ S j∗W j
j=1

where:
Sj = the Factor Technical Score of factor “j”
Wj = the weight of factor “j” as specified in the PDS
n = the number of Factors
n
∑ W j =1
j=1
and

2. Margin of Preference
If the PDS so specifies, the Employer will grant a margin of preference of 7.5% (seven
and one-half percent) to domestic contractors, in accordance with, and subject to, the
following provisions:

(a) Contractors applying for such preference shall be asked to provide, as part of the
data for qualification, such information, including details of ownership, as shall be
required to determine whether, according to the classification established by the
Borrower and accepted by the Bank, a particular contractor or group of contractors
qualifies for a domestic preference. The request for proposals document shall
clearly indicate the preference and the method that will be followed in the
evaluation and comparison of Proposals to give effect to such preference.
Section III – Evaluation and Qualification Criteria 61

(b) After Proposals have been received and reviewed by the Employer, responsive
Proposals shall be classified into the following groups:

(i) Group A: Proposals offered by domestic contractors eligible for the preference.

(ii) Group B: Proposals offered by other contractors.

All evaluated Proposals in each group shall, as a first evaluation step, be compared to
determine the Most Advantageous Proposal, and the most advantageous proposal in each
group shall be further compared with each other. If a result of this comparison, a Proposal
from Group A is the Most Advantageous Proposal, it shall be selected for the award, if
the Proposer is qualified. If a Proposal from Group B is the Most Advantageous Proposal,
as a second evaluation step, all Proposals from Group B shall then be further compared
with the Most Advantageous Proposal from Group A. For the purpose of this further
comparison only, an amount equal to 7.5% (seven and one-half percent) of the respective
proposal price corrected for arithmetical errors, including unconditional discounts but
excluding provisional sums and the cost of day works, if any, shall be added to the
evaluated cost offered in each Proposal from Group B. If the Proposal from Group A is
the Most Advantageous Proposal, it shall be selected for award. If not, the Most
Advantageous Proposal from Group B based on the first evaluation step shall be selected.
Section III – Evaluation and Qualification Criteria 62

3. Evaluation of Financial Part (ITP 51.1(f) )


The following factors and methods will apply: [use one or more of the following
adjustment factors consistent with ITP 51.1 (f) of the PDS]

(a) Time Schedule


Time for completion of the Works from the Commencment Date shall be as
specified in the Particular Conditions Part A-Contract Data Sub-clause 1.1.86. No
credit will be given for earlier completion. No credit will be given for earlier
completion.

Or

Time to complete the Works from the from the Commencment Date shall be
between ____________ minimum and ____________ maximum. The adjustment rate
in the event of completion beyond the minimum period shall be _______ (%) for
each week of delay from that minimum period. No credit will be given for
completion earlier than the minimum designated period. Proposals offering a
completion date beyond the maximum designated period shall be rejected.
(b) Life Cycle Costs
[Life cycle costing should be used when the costs of operation and/or maintenance
over the specified life of the Works are estimated to be considerable in comparison
with the initial cost and may vary among different Proposals. It shall be evaluated
on a net present value basis. If life cycle costing is to be applied for proposal
evaluation, the Employer shall specify the relevant information on its application
here:]

[State either life cycle costing “shall” or “shall not apply”. If life cycle costing
applies for proposal evaluation, the methodology and the information expected
from Proposers shall be specified]

The factors for calculation of the life cycle cost are:


(i) number of years for life cycle: ____[Insert number of years],
(ii) operating costs [state how they will be determined],
(iii) maintenance costs, including the cost of spare parts for the initial period of
operation [state how they will be determined], and
(iv) Discount rate: ________[insert discount rate in percent] to be used to
discount to present value all annual future costs calculated under (ii) and
(iii) above for the period specified in (i).
(c) Specific additional criteria
The relevant evaluation method, if any, shall be as follows:
Section III – Evaluation and Qualification Criteria 63

.........................................................................................................................................
.........................................................................................................................................

Any adjustments in price that result from the above procedures shall be added, for
purposes of comparative evaluation only, to arrive at an “Evaluated Proposal Cost
(C).”
(d) Sustainable Procurement

[Specify adjustments, if any, to be made for financial proposal evaluation


purposes for quantifiable sustainable procurement requirements. Ensure that there
is no duplication (double counting) with the point system technical
factors/subfactors specified in PDS ITP 31.2.]

(e) Specific additional criteria


The relevant evaluation method, if any, shall be as follows: ..........................................

4. Combined Evaluation (ITP 54)


The Employer will evaluate and compare the Proposals that have been determined to be
substantially responsive.
An Evaluated Proposal Score (B) will be calculated for each responsive Proposal using
the following formula, which permits a comprehensive assessment of the evaluated cost
and the technical merits of each Proposal:

Clow T
B= ∗X∗100+ ∗(1−X )∗100
C T high

where
C = Evaluated Proposal Cost
C low = the lowest of all Evaluated Proposal Cost among responsive
Proposals
T = the total Technical Score awarded to the Proposal
Thigh = the Technical Score achieved by the Proposal that was scored
best among all responsive Proposals
X = weight for Cost as specified in the PDS
The Proposal with the best evaluated Proposal Score (B) among responsive Proposals
shall be the Most Advantageous Proposal provided the Proposer is qualified to perform
the Contract.
Section III – Evaluation and Qualification Criteria 64

5. Multiple Contracts (ITP 51.3)


If not applicable state ‘Not Applicable’
If in accordance with ITP 1.1, Proposals are invited for more than one lot, the
contract will be awarded to the Proposer or Proposers with the Most Advanageous
Proposal for the individual lots.
However, if a Proposer, with Proposals that are substantially responsive and with
highest evaluated score for individual lots, is not qualified for the combination of
the lots, then the award will be made based on the highest total score for
combination of lots for which Proposers are qualified.
[Note - Example of the above scenario: A Proposer who was initially selected for
either Lot A or Lot B but not both submits Proposals for Lots A and B. These two
Proposals are substantially responsive and get the highest total score for Lot A
and Lot B respectively. In such a case, a decision has to be made on whether this
Proposer should be awarded Lot A or Lot B by considering the combined scores
of Proposers for Lot A and Lot B.]
Cross discounts for award of multiple lots will not be considered.
Section IV – Proposal Forms

SECTION IV - PROPOSAL FORMS

Table of Forms
Proposal Forms........................................................................66
Letter of First Stage Proposal........................................................................................66
Letter of Second Stage Proposal - Technical Part.........................................................69
Letter of Second Stage Proposal - Financial Part..........................................................72
Appendix to Proposal...............................................................75
Schedule of Cost Indexation..........................................................................................75
Table of Adjustment Data.............................................................................................77
Table A. Local Currency...............................................................................................77
Table B. Foreign Currency (FC)...................................................................................78
Table C. Summary of Payment Currencies...................................................................79
Schedule of Priced Activities and Sub-activities..........................................................81
Sample Schedule of Priced Activities Table.................................................................82
Sample Schedule of Priced Sub-activities Table...........................................................83
Schedule of Rates and Prices.........................................................................................84
Sample Bill of Quantities- Excavation and Lining Works............................................85
Bill of Quantities...........................................................................................................87
Daywork Schedule........................................................................................................90
Schedule of Daywork Rates: 1. Labor...........................................................................93
Schedule of Daywork Rates: 2. Materials.....................................................................94
Schedule of Daywork Rates: 3. Contractor’s Equipment..............................................95
Daywork Summary........................................................................................................96
Specified Provisional Sums...........................................................................................97
Grand Summary............................................................................................................98
Schedule of Payments...................................................................................................99
Schedule of Performance Guarantees and Performance Damages.............................100
Technical Proposal Forms.......................................................101
Design Proposal...........................................................................................................102
Method Statements for Construction Activities..........................................................103
Sustainable Procurement Proposal..............................................................................105
Code of Conduct for Contractor’s Personnel (ES) Form............................................106
Schedule of Baselines..................................................................................................110
Completion Schedule..................................................................................................112
Contractor’s Personnel Organization Chart................................................................113
Personnel: Form PER -1: Key Personnel qualifications and resource schedule.........114
Form PER-2: Resume and Declaration: Contractor’s Representative and Key
Personnel............................................................................................................115
Form EQU: Schedule of Contractor’s Key Equipment...............................................117
Subcontractors: Proposed Subcontractors...................................................................118
Section IV – Proposal Forms

Qualification Forms................................................................119
Proposer Information Sheet.........................................................................................119
Party to JV Information Sheet.....................................................................................120
Historical Contract Non-Performance, Pending Litigation and Litigation History....121
Environmental, and Social Performance Declaration.................................................123
Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment Performance
Declaration.........................................................................................................125
Current Contract Commitments / Works in Progress..................................................127
Financial Resources.....................................................................................................128
Others..........................................................................................................................129
Form of Proposal Security – Demand Guarantee......................130
Form of Proposal-Securing Declaration...................................131
Form of Sexual Exploitation and Abuse (SEA), and/or Sexual
Harassment (SH) Declaration..................................................132
Section IV – Proposal Forms

Proposal Forms
Letter of First Stage Proposal
Date: [Proposer insert: date of Proposal]
Loan/Credit No.: [Employer insert: number]
RFP: [Employer insert: RFP name and number]
Contract: [Employer insert: name of Contract]

To: [Employer insert: name and address of Employer]


Dear Sir or Madam:
Having examined the request for proposal (RFP) document, including Addenda Nos. [Insert
numbers], the receipt of which is hereby acknowledged, we, the undersigned, offer to
______________, in conformity with the RFP document, the following
Works:___________________________.
We confirm that if you invite us to attend a Clarification Meeting(s) for the purpose of
reviewing our First Stage Proposal at a place and date of your choice, we will endeavor to
attend this/these meeting(s) at our own cost, and will duly note the amendments and
additions to, and omissions from, our First Stage Proposal that you may require. We accept
that we alone carry any risk for failing to reach clarification of our Proposal in case this
failure is due to our inability to attend duly scheduled Clarification Meeting(s).
We undertake, upon receiving your written invitation, to proceed with the preparation of our
Second Stage Proposal, updating the First Stage Proposal in accordance with the
requirements, if any, specified in (a), the memorandum, specific for our First Stage Proposal,
titled “Changes Required Pursuant to First Stage Evaluation” and any updates to this
memorandum, and (b), Addenda to the RFP document issued together or after the invitation
for the second stage. The Second Stage Proposal will also include our commercial Proposal
in accordance with the requirements of the RFP Documents for second stage Proposals, for
performing the Works in accordance with our updated technical Proposal.
We hereby certify that we meet the eligibility requirements and have no conflict of interest in
accordance with ITP 4.

Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH): [select the
appropriate option from (i) to (v) below and delete the others].

We [where JV, insert: “including any of our JV members”], and any of our subcontractors:
(i) [have not been subject to disqualification by the Bank for non-compliance with
SEA/ SH obligations.]
(ii) [are subject to disqualification by the Bank for non-compliance with SEA/ SH
obligations.]
Section IV – Proposal Forms

(iii) [had been subject to disqualification by the Bank for non-compliance with SEA/
SH obligations. An arbitral award on the disqualification case has been made in
our favor.]
(iv) [had been subject to disqualification by the Bank for non-compliance with SEA/
SH obligations for a period of two years. We have subsequently provided and
demonstrated that we have adequate capacity and commitment to comply with
SEA and SH prevention and response obligations.]
(v) [had been subject to disqualification by the Bank for non-compliance with SEA/
SH obligations for a period of two years. We have attached documents
demonstrating that we have adequate capacity and commitment to comply with
SEA and SH prevention and response obligations.]

We, along with any of our subcontractors, suppliers, consultants, manufacturers, or service
providers for any part of the contract, are not subject to, and not controlled by any entity or
individual that is subject to, a temporary suspension or a debarment imposed by the World
Bank Group or a debarment imposed by the World Bank Group in accordance with the
Agreement for Mutual Enforcement of Debarment Decisions between the World Bank and
other development banks. Further, we are not ineligible under the Employer’s Country laws
or official regulations or pursuant to a decision of the United Nations Security Council;
We hereby certify that we have taken steps to ensure that no person acting for us or on our
behalf engages in any type of Fraud and Corruption.
State-owned enterprise or institution: [select the appropriate option and delete the other]
[We are not a state-owned enterprise or institution] / [We are a state-owned enterprise or
institution but meet the requirements of ITP 4.6];
We agree to abide by this First Stage Proposal, which, in accordance with ITP 12, consists of
this letter (First Stage Proposal Form) and the enclosures listed below. Together with the
above written undertakings, the Proposal shall remain binding on us. We understand that we
may withdraw our Proposal, or any alternative Proposal included in it, at any time by so
notifying you in writing. However, we accept that if invited to the second stage, once we
have submitted a Second Stage Proposal, this Proposal (and the parts of the First Stage
Proposals it includes and updates) can only be withdrawn before the deadline for submission
of Second Stage Proposals, and only by the formal Second Stage Proposal withdrawal
procedure stipulated in the RFP Documents.

_________________________________________________________________
Name of the Proposer: *[insert complete name of the Proposer]

_________________________________________________________________
Name of the person duly authorized to sign the Proposal on behalf of the Proposer: **
[insert complete name of person duly authorized to sign the Proposal]
Section IV – Proposal Forms

_________________________________________________________________
Title of the person signing the Proposal: [insert complete title of the person signing the
Proposal]

_________________________________________________________________
Signature of the person named above: [insert signature of person whose name and
capacity are shown above]

_________________________________________________________________
Date signed [insert date of signing] day of [insert month], [insert year]

ENCLOSURE(S):
Section IV – Proposal Forms

Letter of Second Stage Proposal - Technical Part


INSTRUCTIONS TO PROPOSERS
INSTRUCTIONS TO PROPOSERS: DELETE THIS BOX ONCE YOU HAVE
COMPLETED THE DOCUMENT
Place this Letter of Proposal in the first envelope “TECHNICAL PART”.
The Proposer must prepare the Letter of Proposal on stationery with its letterhead clearly
showing the Proposer’s complete name and business address.
Note: All italicized text in black font is to help Proposers in preparing this form and
Proposers shall delete it from the final document.

Date of this Proposal submission: [insert date (as day, month and year) of Proposal
submission]
RFP No.: [insert number of RFP process]
Request for Proposal No.: [insert identification]
Alternative No.: [insert identification No if this is a Proposal for an alternative]

To: [Employer insert: name and address of Employer]

Dear Sir or Madam:

We, the undersigned Proposer, hereby submit our Proposal, in two parts, namely:
(a) the Technical Part, and
(b) The Financial Part.
Having examined the RFP Documents, the Addenda issued during the first stage, Addenda
Nos. [insert: numbers] issued with or after the Request for Proposals – Second Stage, the
receipt of which is hereby acknowledged, as well as the requirements listed in the
memorandum titled “Changes Required Pursuant to First Stage Evaluation” specific to our
First Stage Proposal, and any updates to this memorandum, we, the undersigned, offer to
_________, in full conformity with the said RFP Documents, Addenda and memorandum.
We undertake, if our Proposal is accepted, to commence the Works and achieve Completion
within the respective times stated in the RFP Documents.
We hereby certify that we, including any subcontractors for any part of the contract, meet the
eligibility requirements and have no conflict of interest in accordance with ITP 4.

Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH): [select the
appropriate option from (i) to (v) below and delete the others].

We [where JV, insert: “including any of our JV members”], and any of our subcontractors:
Section IV – Proposal Forms

(i) [have not been subject to disqualification by the Bank for non-compliance with
SEA/ SH obligations.]
(ii) [are subject to disqualification by the Bank for non-compliance with SEA/ SH
obligations.]
(iii) [had been subject to disqualification by the Bank for non-compliance with SEA/
SH obligations. An arbitral award on the disqualification case has been made in
our favor.]
(iv) [had been subject to disqualification by the Bank for non-compliance with SEA/
SH obligations for a period of two years. We have subsequently provided and
demonstrated that we have adequate capacity and commitment to comply with
SEA and SH prevention and response obligations.]
(v) [had been subject to disqualification by the Bank for non-compliance with SEA/
SH obligations for a period of two years. We have attached documents
demonstrating that we have adequate capacity and commitment to comply with
SEA and SH prevention and response obligations.]
We, along with any of our subcontractors, suppliers, consultants, manufacturers, or service
providers for any part of the contract, are not subject to, and not controlled by any entity or
individual that is subject to, a temporary suspension or a debarment imposed by the World
Bank Group or a debarment imposed by the World Bank Group in accordance with the
Agreement for Mutual Enforcement of Debarment Decisions between the World Bank and
other development banks. Further, we are not ineligible under the Employer’s Country laws
or official regulations or pursuant to a decision of the United Nations Security Council;
We hereby certify that we have taken steps to ensure that no person acting for us or on our
behalf engages in any type of Fraud and Corruption.
State-owned enterprise or institution: [select the appropriate option and delete the other]
[We are not a state-owned enterprise or institution] / [We are a state-owned enterprise or
institution but meet the requirements of ITP 4.6];

Potential DAAB Members: We hereby propose the following three persons, whose
curriculum vitae are attached, as potential DAAB members:
Name Address
1. …………
2. …………
3. …………

We agree to abide by this Proposal, which, in accordance with ITP 28 and ITP 29, consists
of this letter (Second Stage Technical Part) and enclosures until [ insert day, month and year
in accordance with ITP 33.1], and it shall remain binding upon us and may be accepted by
you at any time on or before this date.
Section IV – Proposal Forms

Until the formal final Contract is prepared and executed between us, this Proposal, together
with your written acceptance thereof included in your Letter of Acceptance, shall constitute a
binding contract between us.

_________________________________________________________________
Name of the Proposer: *[insert complete name of the Proposer]

_________________________________________________________________
Name of the person duly authorized to sign the Proposal on behalf of the Proposer:
** [insert complete name of person duly authorized to sign the Proposal]

_________________________________________________________________
Title of the person signing the Proposal: [insert complete title of the person signing the
Proposal]

_________________________________________________________________
Signature of the person named above: [insert signature of person whose name and
capacity are shown above]

_________________________________________________________________
Date signed [insert date of signing] day of [insert month], [insert year]

*: In the case of the Proposal submitted by a Joint Venture specify the name of the Joint
Venture as Proposer.
**: Person signing the Proposal shall have the power of attorney given by the Proposer. The
power of attorney shall be attached with the Proposal Schedules.

ENCLOSURE(S):
Section IV – Proposal Forms

Letter of Second Stage Proposal - Financial Part


INSTRUCTIONS TO PROPOSERS
INSTRUCTIONS TO PROPOSERS: DELETE THIS BOX ONCE YOU HAVE
COMPLETED THE DOCUMENT
Place this Letter of Proposal in the second envelope “FINANCIAL PART”.

The Proposer must prepare the Letter of Proposal on stationery with its letterhead clearly
showing the Proposer’s complete name and business address.

Note: All italicized text in black font is to help Proposers in preparing this form and
Proposers shall delete it from the final document.

Date of this Proposal submission: [insert date (as day, month and year) of Proposal
submission]
RFP No.: [insert number of RFP process]
Request for Proposal No.: [insert identification]
Alternative No.: [insert identification No if this is a Proposal for an alternative]

To: [Employer insert: name and address of Employer]

Dear Sir or Madam:

We, the undersigned Proposer, hereby submit the second part of our Proposal, the Financial
Part

Having examined the RFP Documents, the Addenda issued during the first stage, Addenda
Nos. [insert: numbers] issued with or after the Request for Proposals – Second Stage, the
receipt of which is hereby acknowledged, as well as the requirements listed in the
memorandum titled “Changes Required Pursuant to First Stage Evaluation” specific to our
First Stage Proposal, and any updates to this memorandum, we, the undersigned, offer to
_________, in full conformity with the said RFP Documents, Addenda and memorandum for
the total Proposal Price, excluding any discounts offered as follows:

[Insert one of the options below as appropriate]

Option 1, in case of one lot: Total price: [insert the total price of the Proposal in
words and figures, indicating the various amounts and the respective currencies];

Or
Section IV – Proposal Forms

Option 2, in case of multiple lots: (a) Total price of each lot [insert the total price of
each lot in words and figures, indicating the various amounts and the respective
currencies]; and (b) Total price of all lots (sum of all lots) [insert the total price of all
lots in words and figures, indicating the various amounts and the respective
currencies];
The discounts offered and the methodology for their application is:
(i) The discounts offered are: [Specify in detail each discount offered]
(ii) The exact method of calculations to determine the net price after application of
discounts is shown below: [Specify in detail the method that shall be used to apply
the discounts];
If our Proposal is accepted, we undertake to provide an advance payment security, and a
Performance Security [and an Environmental and Social (ES ) Performance Security. Delete
if not applicable] in the forms, in the amounts, and within the times specified in the RFP
Documents.
We agree to abide by this Proposal, which, in accordance with ITP 28 and ITP 29, consists
of this letter (Second Stage Proposal Form) and the enclosures listed below, until [ insert day,
month and year in accordance with ITP 33.1], and it shall remain binding upon us and may
be accepted by you at any time on or before this date.
Commissions, gratuities and fees: We have paid, or will pay the following commissions,
gratuities, or fees with respect to the RFP process or execution of the Contract: [insert
complete name of each Recipient, its full address, the reason for which each commission or
gratuity was paid and the amount and currency of each such commission or gratuity].

Name of Recipient Address Reason Amount

(If none has been paid or is to be paid, indicate “none.”)

Until the formal final Contract is prepared and executed between us, this Proposal, together
with your written acceptance thereof included in your Letter of Acceptance, shall constitute a
binding contract between us.

_________________________________________________________________
Name of the Proposer:*[insert complete name of the Proposer]

_________________________________________________________________
Section IV – Proposal Forms

Name of the person duly authorized to sign the Proposal on behalf of the Proposer:
** [insert complete name of person duly authorized to sign the Proposal]

_________________________________________________________________
Title of the person signing the Proposal: [insert complete title of the person signing the
Proposal]

_________________________________________________________________
Signature of the person named above: [insert signature of person whose name and
capacity are shown above]

_________________________________________________________________
Date signed [insert date of signing] day of [insert month], [insert year]

*: In the case of the Proposal submitted by a Joint Venture specify the name of the Joint
Venture as Proposer.
**: Person signing the Proposal shall have the power of attorney given by the Proposer. The
power of attorney shall be attached with the Proposal Schedules.

ENCLOSURE(S):
Section IV – Proposal Forms

Appendix to Proposal
Schedule of Cost Indexation
[Note to Employer: Schedule for Cost Indexation shall normally be applied for contracts
where the specified Time for Completion exceeds 18 months. Contracts for shorter specified
Time for Completion, where local or foreign inflation is expected to be high, shall also
include Schedule for Cost Indexation as appropriate.

It is recommended that the Employer is advised by a professional with experience in


construction costs and the inflationary effect on construction costs when preparing the
contents of the Schedule of Cost Indexation. In the case of very large and/or complex works
contracts, it may be necessary to specify several families of price adjustment formulae
corresponding to the different works involved]. As applicable, include seperate Schedules of
Cost Indexation to apply for prices based on the Schedule of Rates and Prices and the
Schedule of Priced Activities respectively. When finalizing the contract document, ensure
that the finalized Schedule of Cost Indexation is attached to the Contract Agreement.]

[The formulae for price adjustment shall be of the following general type:]

If in accordance with GC 13.7, prices shall be adjustable, the following method shall be used
to calculate the price adjustment:

Prices payable to the Contractor, in accordance with the Contract, shall be subject to
adjustment during performance of the Contract to reflect changes in the cost of labor and
material components, in accordance with the following formula:

Pn= a + b Ln / Lo + c En/ Eo + d Mn/Mo + ........

where:

“Pn” is the adjustment multiplier to be applied to the estimated contract value in the relevant
currency of the work carried out in period “n”, this period being a month unless otherwise
stated in the Contract Data;

“a” is a fixed coefficient, stated in the relevant table of adjustment data, representing the non-
adjustable portion in contractual payments;

“b”, “c”, “d”, ... are coefficients representing the estimated proportion of each cost element
related to the execution of the Works as stated in the relevant table of adjustment data; such
tabulated cost elements may be indicative of resources such as labour, equipment and
materials;

“Ln”, “En”, “Mn”, ... are the current cost indices or reference prices for period “n”, expressed
in the relevant currency of payment, each of which is applicable to the relevant tabulated cost
Section IV – Proposal Forms

element on the date 49 days prior to the last day of the period (to which the particular
Payment Certificate relates); and

“Lo”, “Eo”, “Mo”, ... are the base cost indices or reference prices, expressed in the relevant
currency of payment, each of which is applicable to the relevant tabulated cost element on
the Base Date.

The cost indices or reference prices stated in the Table of Adjustment Data shall be used. If
their source is in doubt, it shall be determined by the Engineer. For this purpose, reference
shall be made to the values of the indices at stated dates (quoted in the fourth and fifth
columns respectively of the table).

If the currency in which the Contract price is expressed is different from the currency of the
country of origin of the labour and/or materials indices, a correction factor will be applied to
avoid incorrect adjustments of the Contract price. The correction factor shall be: Z 0 / Z1,
where,

Z0 = the number of units of currency of the origin of the indices which equal to one unit of
the currency of the Contract Price on the Base date, and

Z1 = the number of units of currency of the origin of the indices which equal to one unit of
the currency of the Contract Price on the Date of Adjustment.
Section IV – Proposal Forms

Table of Adjustment Data


[As applicable, include seperate tables to apply for prices based on the Schedule of Rates
and Prices and the Schedule of Priced Activities respectively. ]

[In Tables A, B, and C, below, the Proposer shall (a) indicate its amount of local currency
payment, (b) indicate its proposed source and base values of indices for the different foreign
currency elements of cost, (c) derive its proposed weightings for local and foreign currency
payment, and (d) list the exchange rates used in the currency conversion. In the case of very
large and/or complex works contracts, it may be necessary to specify several families of
price adjustment formulae corresponding to the different works involved.]

Table A. Local Currency


Index Index Source of Base value Proposer’s Proposer’s
code* description* index* and date* related proposed
currency weighting
amount
Nonadjustable — — — a: *
b: *
c: *
d: *
e: *
Total 1.00

[* To be entered by the Employer. Whereas “a” should a fixed percentage, b, c, d and e


should specify a range of values and the Proposer will be required to specify a value within
the range such that the total weighting = 1.00]
Section IV – Proposal Forms

Table B. Foreign Currency (FC)


State type: .................................................................................................... [If the Proposer
is allowed to receive payment in foreign currencies this table shall be used. If Proposer
wishes to quote in more than one foreign currency (up to three currencies permitted) then
this table should be repeated for each foreign currency.]

Index Index Source of Base Proposer’s Equivalent Proposer’s


code description index value and related in FC1 proposed
date source weighting
currency in
type/amount
Nonadjustable — — — a: *

b: *

c: *

d: *

e: *

Total 1.00

[* To be entered by the Employer. Whereas “a” should a fixed percentage, b, c, d and e


should specify a range of values and the Proposer will be required to specify a value within
the range such that the total weighting = 1.00]
Section IV – Proposal Forms

Table C. Summary of Payment Currencies


Table: Alternative A

For .................................................................................. [insert name of Section of the


Works]

A B C D
Name of Amount of Rate of Local currency Percentage of
payment currency exchange equivalent Total Proposal
currency (local currency C=AxB Price (TPP)
per unit of 100xC
foreign) TPP
Local currency 1.00

Foreign
currency #1

Foreign
currency #2

Foreign
currency #

Total Proposal 100.00


Price

Provisional [To be [To be entered


sums expressed entered by by the
in local the Employer]
currency Employer]

TOTAL
PROPOSAL
PRICE
(including
provisional
sum)
Section IV – Proposal Forms

Table: Alternative B

[To be used only with Alternative B Prices directly quoted in the currencies of payment.
(ITP 31.1)]

Summary of currencies of the Proposal for [insert name of Section of the


Works]

Name of currency Amounts payable


Local currency:
Foreign currency #1:
Foreign currency #2:
Foreign currency #3:
Provisional sums expressed in local currency [To be entered by the Employer]
Section IV – Proposal Forms

Schedule of Priced Activities and Sub-activities


[See ITP 30.1 of the Proposal Data Sheet if any adaptation is needed to the text below]

Unless stated otherwise in the Contract, consistent with Sub-Clause 13.8, with the exception
of the Excavation and Lining works paid on the basis of BoQ and subject to measurement,
the total of the prices of the activities in the Schedule of Priced Activities is the Proposer’s
offer to execute the Works.

The price of any activity or sub-activity that the Proposer may have omitted is deemed to be
included in the price of other activities or sub-activities in the Schedule of Priced Activities
and Sub-activities and will not be paid for separately by the Employer.
Section IV – Proposal Forms

Sample Schedule of Priced Activities Table


[To be completed by the Proposer (more tables to be used by the Proposer as appropriate)]

Activity Description of Activity Activity Price


No.
1. ---

2. ---

3. ---

4. ---

5. ---

Total price of Activities carried forward to Grand


Summary, Page ____
Section IV – Proposal Forms

Sample Schedule of Priced Sub-activities Table


[to be completed by the Proposer (more tables to be used by the proposer as appropriate)]

Activity: _____________________________

Sub-activity Description of Sub-activity Sub-activity Price


No.
1. ……………..

2. ………………

3. ………………

4. ………………

Total price of Sub-activities carried forward


to the Priced Activity Schedule, Page ____
Section IV – Proposal Forms

Schedule of Rates and Prices


These Notes for Preparing a Bill of Quantities are intended only as information for the
Employer or the team drafting the request for proposals document. They should not be
included in the final RFP documents.
[In accordance with GC Sub-Clauses 14.1 and 13.8, the subsurface items of work shall be
remunerated through remeasurement.
In accordance with GC Sub-Clause 13.8.2, the Bill of Quantities sets out the quantities, units
of measurement and applicable unit rates and prices for all Excavation and Lining Works.
The Schedule of Rates and Prices should include a Bill of Quantities (BoQ) structured as
follows: (i) initial quantities shall be determined by the Employer, consistent with the
Employer’s reference design, the Geotechnical Baseline Report (GBR) and the Schedule of
Baselines, at a level of detail sufficient to enable the Proposer to establish unit rates or
prices for each activity or, if agreed, group of activities; and (ii) the Proposer completes the
BoQ by inserting its unit rates and prices.
In accordance with the GC Sub-Clause 13.8.2 , the BoQ for the Excavation and Lining
Works shall include fixed rate items, time-related rate items and quantity related rate items
as follows:
a) fixed rate items: lump sum or unit prices for, as appropriate, the provision of
Contractor’s Equipment, facilities, and supervision, facilities and services required
by the Employer’s Personnel, fees for relevant Contractor’s overhead charges, and
the maintenance of such provisions for the relevant section of the Excavation and
Lining Works for the period necessary according to the Completion Schedule;
b) time-related rate items: for, as appropriate, the extended or reduced availability and
maintenance of the fixed rate items in a) above, expressed, unless otherwise specified,
in units for an extension or reduction for a calendar day;
c) quantity- related rate items: for the Excavation and Lining Works, and Plant supply
and installation for the relevant portion of the Works such as unit prices for
preliminary ground treatment, excavation, support and final lining items, lump sum
for other items;
d) value-related charges: unless provided otherwise in the Contract, value-related
charges for compliance with the contractual provisions such as, without limitation,
insurance, securities, permits and levies for the relevant portion of the Excavation
and Lining Works; included as percentage additions in the rates described in a), b)
and c) above.
The BoQ shall be based on and consistent with the Employer’s reference design.]
Section IV – Proposal Forms

Sample Bill of Quantities- Excavation and Lining Works


A. Preamble

1. The Bill of Quantities for the Excavation and Lining Works shall be read in
conjunction with the Instructions to Proposers, General and Particular Conditions,
Technical Specifications, Drawings and other relevant provisions of the RFP.
2. The quantities given in the Bill of Quantities are estimated and provisional, and are
given to provide a common basis for the proposals. The basis of payment will be the
actual quantities of work carried out, as measured by the Contractor and verified by
the Engineer and valued at the rates and prices proposed in the priced Bill of
Quantities, where applicable, and otherwise at such rates and prices as the Engineer
may fix within the terms of the Contract.
3. The rates and prices proposed in the priced Bill of Quantities shall, except insofar as
it is otherwise provided under the Contract, include all Constructional Plant, labour,
supervision, materials, erection, maintenance, insurance, profit, taxes, and duties,
together with all general risks, liabilities, and obligations set out or implied in the
Contract.
4. A rate or price shall be entered against each item in the priced Bill of Quantities,
whether quantities are stated or not. The cost of items against which the Contractor
has failed to enter a rate or price shall be deemed to be covered by other rates and
prices entered in the Bill of Quantities. The unit rates and prices for Excavation and
Lining Works shall not vary with changes in measured quantities and shall be deemed
to cover the entire remuneration of the Contractor for the excavation and Lining
Works [GC Sub-Clause 13.8.2]
5. The cost of complying with the provisions of the Contract for Excavation and Lining
Works shall be included in the items provided in the priced Bill of Quantities, and
where no Items are provided, the cost shall be deemed to be distributed among the
rates and prices entered for the related Items of Work.
6. General directions and descriptions of work and materials are not necessarily repeated
nor summarized in the Bill of Quantities. References to the relevant sections of the
Contract documentation shall be made before entering prices against each item in the
priced Bill of Quantities.
7. Provisional Sums included and so designated in the Bill of Quantities shall be
expended in whole or in part at the direction and discretion of the Engineer in
accordance with GC Sub-Clauses 13.4 and 13.5 except with respect to DAAB Fees
and Expenses for which no instruction will be required from the Engineer.
8. Provisional Sums included and so designated in the Bill of Quantities shall be
expended in whole or in part at the direction and discretion of the Engineer in
accordance with GC Sub-Clauses 13.4 and 13.5.
9. The method of measurement shall be as stated in the Contract Data (Sub-Clause
13.8.1).
Section IV – Proposal Forms

10. If PDS-ITP 31.1 (a) applies, Proposers shall price the Bill of Quantities in local
currency only and shall indicate in the Appendix to Proposals the percentage expected
for payment in foreign currency or currencies. If PDS-ITP 31.1 (b) applies Proposers
shall price the Bill of Quantities in the applicable currency or currencies.
[Note to the Employer: The tables in BOQ must be prepared in accordance with the
currency alternative retained in PDS – ITP 31.1.]
Section IV – Proposal Forms

Bill of Quantities

Bill No. --: ----

Item no. Description Unit Quantity Rate Amount

Total for Bill No. --


(carried forward to Summary, p. )
Section IV – Proposal Forms

Bill No. ---: ---

Item no. Description Unit Quantity Rate Amount

Total for Bill No. ---


(carried forward to Summary, p. )
Section IV – Proposal Forms

Bill No. ---: ----

Item no. Description Unit Quantity Rate Amount

Total for Bill No. ---


(carried forward to Summary, p. )
Section IV – Proposal Forms

Daywork Schedule
[Note to the Employer:

For work of a minor or incidental nature, the Engineer may instruct that a variation shall be
executed on a daywork basis. The preferred alternative is to value the additional work in
accordance with the Conditions of Contract. If a Daywork Schedule is to be included in the
RFP documents, it is preferable to include nominal quantities against the items most likely to
be used, and to carry the sum of the extended amounts forward into the Proposal Summary in
order to make the basic Schedule of Daywork Rates competitive.

If a Day work schedule is not included, Sub-Clause 13.5 of the General Conditions will not
apply].

General

1. Reference is made to Sub-Clause 13.5 of the General Conditions. Work shall not be
executed on a daywork basis except by written order of the Engineer. Proposers shall
enter basic rates for daywork items in the Schedules, which rates shall apply to any
quantity of daywork ordered by the Engineer. Nominal quantities have been indicated
against each item of daywork, and the extended total for Daywork shall be carried
forward as a Provisional Sum to the Summary Total Proposal Amount. Unless
otherwise adjusted, payments for daywork shall be subject to price adjustment in
accordance with the provisions in the Conditions of Contract.

Daywork Labour

2. In calculating payments due to the Contractor for the execution of daywork, the hours
for labour will be reckoned from the time of arrival of the labour at the job site to
execute the particular item of daywork to the time of return to the original place of
departure, but excluding meal breaks and rest periods. Only the time of classes of
labour directly doing work ordered by the Engineer and for which they are competent
to perform will be measured. The time of gangers (charge hands) actually doing
work with the gangs will also be measured but not the time of foremen or other
supervisory personnel.

3. The Contractor shall be entitled to payment in respect of the total time that labour is
employed on daywork, calculated at the basic rates entered by the Contractor in the
Schedule of Daywork Rates: 1. Labour, together with an additional percentage
payment on basic rates representing the Contractor’s profit, overheads, etc., as
described below:

(a) The basic rates for labour shall cover all direct costs to the Contractor, including
(but not limited to) the amount of wages paid to such labour, transportation time,
overtime, subsistence allowances, and any sums paid to or on behalf of such
Section IV – Proposal Forms

labour for social benefits in accordance with [country of Borrower] law. The basic
rates will be payable in local currency only.

(b) The additional percentage payment to be quoted by the proposer and applied to
costs incurred under (a) above shall be deemed to cover the Contractor’s profit,
overheads, superintendence, liabilities, and insurances and allowances to labour,
timekeeping, and clerical and office work, the use of consumable stores, water,
lighting, and power; the use and repair of stagings, scaffolding, workshops, and
stores, portable power tools, manual plant, and tools; supervision by the
Contractor’s staff, foremen, and other supervisory personnel; and charges
incidental to the foregoing. Payments under this item shall be made in the
following currency proportions:
(i) foreign: percent (to be stated by proposer).2
(ii) local: percent (to be stated by proposer).

[Note to the Employer:


This method of indicating profit and overheads separately facilitates the addition of further
items of daywork, if needed, the basic costs of which can then be checked more easily. An
alternative is to make Daywork rates all-inclusive of the Contractor’s overhead and profit,
etc., in which case this paragraph and the relevant Daywork Schedule should be modified
accordingly.]

Daywork Materials

4. The Contractor shall be entitled to payment in respect of materials used for daywork
(except for materials for which the cost is included in the percentage addition to
labour costs as detailed heretofore), at the basic rates entered by the Contractor in the
Schedule of Daywork Rates: 2. Materials, together with an additional percentage
payment on the basic rates to cover overhead charges and profit, as follows:

(a) the basic rates for materials shall be calculated on the basis of the invoiced price,
freight, insurance, handling expenses, damage, losses, etc., and shall provide for
delivery to store for stockpiling at the Site. The basic rates shall be stated in local
currency, but payment will be made in the currency or currencies expended upon
presentation of supporting documentation.
(b) the additional percentage payment shall be quoted by the proposer and applied to
the equivalent local currency payments made under (a) above. Payments under
this item will be made in the following currency proportions:

(i) foreign: percent (to be stated by the proposer);3


(ii) local: percent (to be stated by the proposer);
2
The proposer shall state the percentage in a common foreign currency equivalent required for payment and the
exchange rates and official sources used.
Section IV – Proposal Forms

(c) the cost of hauling materials for use on work ordered to be carried out as daywork
from the store or stockpile on the Site to the place where it is to be used will be
paid in accordance with the terms for Labour and Construction in this schedule.

Daywork Contractor’s Equipment


5. The Contractor shall be entitled to payments in respect of Contractor’s Equipment
already on Site and employed on daywork at the basic rental rates entered by the
Contractor in the Schedule of Daywork Rates: 3. Contractor’s Equipment. Day
work rates is exclusive of rental or lease costs for all Contractor’s Equipment,
available or required on Site. Said rates shall be deemed to include due and complete
allowance for depreciation, interest, indemnity, and insurance, repairs, maintenance,
supplies, fuel, lubricants, and other consumables, and all overhead, profit, and
administrative costs related to the use of such equipment. [Note to the Employer:
This is an example of wording to include overhead and profit, etc., in the daywork
rates. A separate percentage addition could be used as for labour and materials.] The
cost of drivers, operators, and assistants will be paid for separately as described under
the section on Daywork Labour. [Note to the Employer: An alternative, sometimes
adopted for administrative convenience, is to include the cost of drivers, operators,
and assistants in the basic rates for Contractor’s Equipment. The last sentence of this
paragraph 5 should then be modified accordingly.]

6. In calculating the payment due to the Contractor for Contractor’s Equipment


employed on daywork, only the actual number of working hours will be eligible for
payment, except that where applicable and agreed with the Engineer, the travelling
time from the part of the Site where the Contractor’s Equipment was located when
ordered by the Engineer to be employed on daywork and the time for return journey
thereto shall be included for payment.

7. The basic rental rates for Contractor’s Equipment employed on daywork shall be
stated in local currency, but payments to the Contractor will be made in currency
proportions, as follows:

(a) foreign: percent (to be stated by the proposer).4

(b) local: percent (to be stated by the proposer).

3
The proposer shall state the percentage in a single foreign currency equivalent and the exchange rates and
official sources used.
4
The proposer shall state the percentage in a single foreign currency equivalent and the exchange rates and
official sources used.
Section IV – Proposal Forms

Schedule of Daywork Rates: 1. Labor


Item Description Unit Nominal Rate Extended
no. quantity amount
----- day ----- -----
-----

Subtotal
Allow percent a of Subtotal for Contractor’s overhead,
profit, etc.

Total for Daywork: Labor


(carried forward to Daywork
Summary, p. )
a. To be entered by the Proposer.
Section IV – Proposal Forms

Schedule of Daywork Rates: 2. Materials


Item no. Description Unit Nominal Rate Extended
quantity amount

Subtotal
Allow percent of Subtotal for Contractor’s overhead,
profit, etc.

Total for Daywork: Materials


(carried forward to Daywork Summary, p. )
a. To be entered by the Proposer.
Section IV – Proposal Forms

Schedule of Daywork Rates: 3. Contractor’s Equipment


Item no. Description Nominal Basic Extended
quantity hourly amount
(hours) rental rate

Subtotal
Allow percenta of Subtotal for Contractor’s
overhead, profit, etc.

Total for Daywork: Contractor’s Equipment


(carried forward to Daywork Summary, p. )
a. To be entered by the Proposer.
Section IV – Proposal Forms

Daywork Summary
Amounta %
( ) Foreign
1. Total for Daywork: Labor
2. Total for Daywork: Materials
3. Total for Daywork: Contractor’s Equipment
Total for Daywork (Provisional Sum)
(carried forward to Proposal Summary, p. )
a. The Employer should insert local currency unit.
Section IV – Proposal Forms

Specified Provisional Sums


Item no. Description Amount
1

4 [To be entered by the Employer. The provisional sums shall


include an estimated amount to cover the Employer’s portion
(50%) of DAAB’s fees and expenses.] provisional sums for the
Employer’s portion of DAAB costs
[To be entered by the Employer; Delete if not applicable:]
Provisional sums for any specific ES outcomes.

etc.

Total for Specified Provisional Sums


(carried forward to Grand Summary (B), p. )
Section IV – Proposal Forms

Grand Summary
General Summary Page Amount

total of Priced Activities (A)1


total of Bills (A)2
Total for Daywork (Provisional Sum)* (B)
Specified Provisional Sums ii (C) [sum]
Total of Activities, Bills and Provisional Sums (A1 + A2 + B + C) (D)
Add Provisional Sum for Contingency Allowance (if any) ii (E) [sum]
Proposal Price (D + E) (Carried forward to Letter of Proposal) (F)

i) All Provisional Sums are to be expended in whole or in part at the direction and discretion of the Engineer
in accordance with Sub-Clauses 13.4 and 13.5 of the General Conditions. except with respect to DAAB Fees
and Expenses for which Sub-Clause 13.4 of the Particular Conditions – Part B shall apply.
ii) To be entered by the Employer.
* For evaluation purposes, Provisional Sum, other than Daywork will be excluded
Section IV – Proposal Forms

Schedule of Payments

[Note to the Employer

If payments to the Contractor are to be made in instalments pursuant to GC Sub-Clause


14.4, then the Employer shall include an indicative table of instalments here. Please note the
default position in accordance with GC Sub-Clause 14.4 [Schedule of Payments] when the
Contract does not include a Schedule of Payments. Include the following if the indicative
table of installments is provided here by the Employer:

“The Proposer shall propose the Payment Schedule considering the indicative table of
installments provided by the Employer consistent with the Completion Schedule. For the
avoidance of doubt, this does not apply to Excavation and Lining Works, for which payments
will be based upon measurement according to GC Sub-Clause 13.8 [Measurement of
Excavation and Lining Works and Adjustemnt of Time for Completion and Contrct Price.]
Section IV – Proposal Forms

Schedule of Performance Guarantees and Performance


Damages

[ If applicable, insert the gurantees required by the Employer for performance of the Works
or any part of the Works (as the case may be), and stating the applicable Performance
Damages payable in the event of failure to attain any of the guranteed performance (s). See
GC Sub-Clauses 1.1.87, 9.1 and 12.4]
Section IV – Proposal Forms

Technical Proposal Forms


1. Design Proposal

2. Method Statements for construction activities

3. Sustainable Procurement Proposal

4. Code of Conduct for Contractor’s Personnel (ES)

5. Schedule of Baselines

6. Completion Schedule

7. Contractor’s Personnel Organization Chart

8. Schedule of Contractor’s Key Equipment

9. Subcontractors

10. Others
Section IV – Proposal Forms

Design Proposal

In accordance with GC Sub-Clause 5.1, the Contractor shall carry out, and be responsible for,
the design of the Works to the extent specified in the Employer’s Requirements, and , where
applicable, in accordance with the Geotechnical Baseline Report.

Accordingly, the Proposer shall submit a design proposal which addresses as a minimum the
following:

(a)organizational arrangements for the design proposal including: team structure, roles and
responsibilities, interface arrangements, design review and approval procedures and
quality assurance arrangements;
(b)Proposed design deliverables [Employer to specify any mandatory requirements
appropriate to good international industry practice];
(c)design statement setting out how the Employers Requirements will be achieved;
(d)Any added value the Proposer will bring including examples of innovative aspects of the
design;
(e)Comments, if any, on the Employer's Requirements, including design criteria and
caculations, if any, and the Geotechnical Baseline Report (providing such comments
does not relive the Contractor from scrutunizing the Employer’s Requirements
(including design criteria and caculations, if any) and the Geotechnical Baseline Report
in accordance with Sub-Clause 5.1 [General Design Obligations]:
(f) Sustainable Procurement: sustainability aspects (e.g. energy efficiency, reduction of
wastages, material reduction, sources of materials etc.) demonstrating the Proposer’s
approach and commitment to sustainable design and construction practices;
(g)strategy for gathering baseline ES information in time to inform design development;
(h)details of how the ES requirements, and any proposal to enhance ES outcomes, will be
incorporated into all design stages, and how the implications for the construction phase
has been considered;
(i) details of the approach to managing risks, stakeholder engagement, consultation and
environmental permits/consents;
(j) value engineering (value management) arrangements, including consideration of
ESissues; and
(k)software systems intended to be employed for planning, design, records and reporting.
(l) [modify/include any other relevant information, as appropriate.]
Section IV – Proposal Forms

Method Statements for Construction Activities

The Proposer shall submit method statements for construction activties which addresses
aspects, including:
(a) organizational arrangements for the construction management including: team
structure, roles and responsibilities, interface arrangements, approval procedures and
quality assurance arrangements;
(b) subcontractor selection and management;
(c) proposals for training all personnel attending site;
(d) stakeholder engagement;
(e) obtaining and managing consents, permits and approvals;
(f) execution of Permanent Works according to Sections as speciifed in the GBR;
(g) execution of the Temporary works including Site establishment;
(h) site setup proposals including access, accommodation, welfare facilities, arrangement
for plant and storage of material in partcular those involving waste and hazardous
materials;
(i) interface requirements for utility connections at various locations on and around the
Site;
(j) operation of borrow pits, disposal areas and transport within, or to and from, the Site;
(k) construction phasing proposals including sequence of work and management of
conflicting activities;
(l) ensuring that any geotechnical investigations or other advance works meet the ES
requirements;
(m) analysis of production cycles
(n) risk management approach for geotechnical and subsurface aspects of the Works;
(o) quality management system including a draft of the quality management plan;
(p) sustainability aspects demonstrating the Proposer’s approach and commitment to
sustainable construction practices (e.g. energy efficiency, reduction of wastages,
material reduction and sources of materials etc.);
(q) preparation, approval and implementation of the Contractor’s environmental and
social management plan;
(r) preparation, approval and implementation of the Contractor’s health and safety
manual;
(s) grievance redress mechanisms;
(t) reporting arrangements, including topics (that include ES) and timescales in
accordance with the Particular Conditions – Part B Sub-Clause 4.20;
(u) arrangements for testing upon completion of the works;
Section IV – Proposal Forms

(v) arrangements for site handover, including completion of as-built drawings,


preparation of operation and maintenance manuals, and any other relevant aspects;
(w) additional issues as stated in the Employer’s Requirements; and
(x) [(i) If the contract has been assessed to present potential or actual cyber security
risks require that the method statements, include management strategies and
implementation plans and innovations, to manage cyber security risks; (ii) if there
are assessed supply chain risks, require that the method statements, include proposed
supply chain risks management plan.]

(y) [modify/include any other relevant information, as appropriate.]


Section IV – Proposal Forms

Sustainable Procurement Proposal


[Note to Proposer: In addition to submitting the required ES Management Strategies and
Implementation Plans, the Proposer shall provide its proposal to demonstrate how
additional sustainable procurement requirements, if any, specified in Section VII- Works’
Requirements would be addressed. The Proposer shall also provide its proposal, if any, for
exceeding the sustainable procurement requirements.]
Section IV – Proposal Forms

Code of Conduct for Contractor’s Personnel (ES) Form


Note to the Employer:
The following minimum requirements shall not be modified. The Employer may add
additional requirements to address identified issues, informed by relevant environmental
and social assessment.
The types of issues identified could include risks associated with: labor influx, spread of
communicable diseases, and Sexual Exploitation and Abuse (SEA) etc.
Delete this Box prior to issuance of the RFP documents.

Note to the Proposer:


The minimum content of the Code of Conduct form as set out by the Employer
shall not be substantially modified. However, the Proposer may add requirements as
appropriate, including to take into account Contract-specific issues/risks.

The Proposer shall initial and submit the Code of Conduct form as part of its proposal.

CODE OF CONDUCT FOR CONTRACTOR’S PERSONNEL


We are the Contractor, [enter name of Contractor]. We have signed a contract with [enter
name of Employer] for [enter description of the Works]. These Works will be carried out at
[enter the Site and other locations where the Works will be carried out]. Our contract
requires us to implement measures to address environmental and social risks related to the
Works, including the risks of sexual exploitation, sexual abuse and sexual harassment.

This Code of Conduct is part of our measures to deal with environmental and social risks
related to the Works. It applies to all our staff, labourers and other employees at the Works
Site or other places where the Works are being carried out. It also applies to the personnel of
each subcontractor and any other personnel assisting us in the execution of the Works. All
such persons are referred to as “Contractor’s Personnel” and are subject to this Code of
Conduct.

This Code of Conduct identifies the behavior that we require from all Contractor’s Personnel.

Our workplace is an environment where unsafe, offensive, abusive or violent behavior will
not be tolerated and where all persons should feel comfortable raising issues or concerns
without fear of retaliation.

REQUIRED CONDUCT
Contractor’s Personnel shall:
Section IV – Proposal Forms

1. carry out his/her duties competently and diligently;


2. comply with this Code of Conduct and all applicable laws, regulations and other
requirements, including requirements to protect the health, safety and well-being of
other Contractor’s Personnel and any other person;
3. maintain a safe working environment including by:
a. ensuring that workplaces, machinery, equipment and processes under each
person’s control are safe and without risk to health;
b. wearing required personal protective equipment;
c. using appropriate measures relating to chemical, physical and biological
substances and agents; and
d. following applicable emergency operating procedures.
4. report work situations that he/she believes are not safe or healthy and remove
himself/herself from a work situation which he/she reasonably believes presents an
imminent and serious danger to his/her life or health;
5. treat other people with respect, and not discriminate against specific groups such as
women, people with disabilities, migrant workers or children;
6. not engage in any form of Sexual Harassment, which means unwelcome sexual
advances, requests for sexual favors, and other verbal or physical conduct of a sexual
nature with other Contractor’s or Employer’s Personnel;
7. not engage in Sexual Exploitation, which means any actual or attempted abuse of
position of vulnerability, differential power or trust, for sexual purposes, including,
but not limited to, profiting monetarily, socially or politically from the sexual
exploitation of another;
8. not engage in Sexual Abuse, which means the actual or threatened physical intrusion
of a sexual nature, whether by force or under unequal or coercive conditions;
9. not engage in any form of sexual activity with individuals under the age of 18, except
in case of pre-existing marriage;
10. complete relevant training courses that will be provided related to the environmental
and social aspects of the Contract, including on health and safety matters, Sexual
Exploitation and Abuse (SEA), and Sexual Harassment (SH);
11. report violations of this Code of Conduct; and
12. not retaliate against any person who reports violations of this Code of Conduct,
whether to us or the Employer, or who makes use of the grievance mechanism for
Contractor’s Personnel or the project’s Grievance Redress Mechanism.
RAISING CONCERNS
If any person observes behavior that he/she believes may represent a violation of this Code of
Conduct, or that otherwise concerns him/her, he/she should raise the issue promptly. This can
be done in either of the following ways:
1. Contact [enter name of the Contractor’s Social Expert with relevant experience in
handling sexual exploitation, sexual abuse and sexual harassment cases, or if such
Section IV – Proposal Forms

person is not required under the Contract, another individual designated by the
Contractor to handle these matters] in writing at this address [ ] or by telephone at [ ]
or in person at [ ]; or
2. Call [ ] to reach the Contractor’s hotline (if any) and leave a message.
The person’s identity will be kept confidential, unless reporting of allegations is mandated by
the country law. Anonymous complaints or allegations may also be submitted and will be
given all due and appropriate consideration. We take seriously all reports of possible
misconduct and will investigate and take appropriate action. We will provide warm referrals
to service providers that may help support the person who experienced the alleged incident,
as appropriate.
There will be no retaliation against any person who raises a concern in good faith about any
behavior prohibited by this Code of Conduct. Such retaliation would be a violation of this
Code of Conduct.
CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT
Any violation of this Code of Conduct by Contractor’s Personnel may result in serious
consequences, up to and including termination and possible referral to legal authorities.

FOR CONTRACTOR’S PERSONNEL:

I have received a copy of this Code of Conduct written in a language that I comprehend. I
understand that if I have any questions about this Code of Conduct, I can contact [enter name
of Contractor’s contact person with relevant experience] requesting an explanation.

Name of Contractor’s Personnel: [insert name]

Signature: __________________________________________________________

Date: (day month year): _______________________________________________

Countersignature of authorized representative of the Contractor:


Signature: ________________________________________________________
Date: (day month year): ______________________________________________
ATTACHMENT 1: Behaviors constituting Sexual Exploitation and Abuse (SEA) and behaviors
constituting Sexual Harassment (SH)
Section IV – Proposal Forms

ATTACHMENT 1 TO THE CODE OF CONDUCT FORM

BEHAVIORS CONSTITUTING SEXUAL EXPLOITATION AND ABUSE (SEA) AND


BEHAVIORS CONSTITUTING SEXUAL HARASSMENT (SH)
The following non-exhaustive list is intended to illustrate types of prohibited behaviors.
(1) Examples of sexual exploitation and abuse include, but are not limited to:
 A Contractor’s Personnel tells a member of the community that he/she can get them jobs
related to the work site (e.g. cooking and cleaning) in exchange for sex.
 A Contractor’s Personnel that is connecting electricity input to households says that he can
connect women headed households to the grid in exchange for sex.
 A Contractor’s Personnel rapes, or otherwise sexually assaults a member of the community.
 A Contractor’s Personnel denies a person access to the Site unless he/she performs a sexual
favor.
 A Contractor’s Personnel tells a person applying for employment under the Contract that
he/she will only hire him/her if he/she has sex with him/her.
(2) Examples of sexual harassment in a work context
 Contractor’s Personnel comment on the appearance of another Contractor’s Personnel (either
positive or negative) and sexual desirability.
 When a Contractor’s Personnel complains about comments made by another Contractor’s
Personnel on his/her appearance, the other Contractor’s Personnel comment that he/she is
“asking for it” because of how he/she dresses.
 Unwelcome touching of a Contractor’s or Employer’s Personnel by another Contractor’s
Personnel.
 A Contractor’s Personnel tells another Contractor’s Personnel that he/she will get him/her a
salary raise, or promotion if he/she sends him/her naked photographs of himself/herself.
Section IV – Proposal Forms

Schedule of Baselines
In accordance with GC Sub-Clause 1.1.84, the Schedule of Baselines is the document setting
out the Excavation and Lining Works activities or items and their corresponding quantities
based on the subsurface physical conditions described in the Geotechncial Baseline Report
(GBR), and their corresponding production rates as provided by the Proposer.

The Proposer shall complete the schedule of Baselines, based upon, but not limted to, its own
estimates of its production rates. The rates of production entered by the Proposer shall be
consistent with the GBR, the proposed characterstics of the Contractor’s key Equipment and
the experience of the Contractor’s Key Personnnel.

The Schedule of Baselines shall be based on the GBR and on the Employer’s reference
design. The Schedule of Baselines shall contain all the activities and their anticiapted
quanties for the Underground Excavation and Lining, typically allocated by Sections and
drives.

The Schedule of Baselines shall include, as applicable and without limitation, the following
information and/or measures relating to:

e) location, dimensions, nature and characterstics of expected utilities and underground


structures;
f) excavation and support classes as described in the GBR and the Employer’s reference
design;
g) probe drilling and other investigations related to assessing subsurface physical
conditions;
h) complementry support;
i) advanced ground treatment, such as poor or contaminted ground;
j) consolidation and waterproofing grouting;
k) seepage, water ingress treatment and related hindernaces;
l) treatment of geological overbreak and related hindrances;
m) waterproffing;
n) construction of final lining;
o) interruotions due changes in the method of construction for Excavation and Lining
Works;
p) interruptions due to Unforseeable subsurface physical conditions i.e. those included
in te GBR; and
q) anticipated interruptions and hindrances anticipated due to the Employer or
Authorities

The Schedule of Baselines shall also include other relevant conditions of the Works specified
in the Contract, such as working time per shift/per day/per week, number of shifts per week,
number of working days per week, compulsory holidays etc.
Section IV – Proposal Forms

The Schedule of Baselines shall be divided into nits (typically individual drives and/or
methods of construction per zone) that reflect a Section or Part of the Works,if applicable, to
enable the computation of the time avaibale to the Contractor for the specific corresponding
production times for the Undeground Excavation and Lining of the same.

The corresponding total time available for each unit shall be the sum of all the individual
production times for the realization of the individual items of work itemized in the relevant
Schedule of Baselines.

The time for realization of an individual item of work shall be calculated by divding the
quantity specified by the Employer by the corresponding production rate submitted by the
Contractor taking into any time for leranin curves into account.

[For more information and example of Schedule of Baselines refer to the relevant
notes included in the Emerald book]
Section IV – Proposal Forms

Completion Schedule
The Proposer shall submit the Completion Schedule based on and consistent with:
(a) the Schedule of Baselines, including the tendered production rates;
(b) the milestones that are independent of the criteria set out in the Schedule of
Baselines; and
(c) the details of the production rates defined in the Proposer’s proposal
(d) any other requirements and timelines including:
(e) No-objection to the Contractor’s MSIPs, which collectively form the C-ESMP, in
accordance with the Particular Conditions Part B- Sub-Clause 4.1;
(f) Constitution of the DAAB;
(g) SEA and SH orientation conference;
(h) submission of the design deliverables, review and approval of the design by the
Engineer
(i) processes and deliverables needed to commence the Works;
(j) completing the Works within the Time for Completion;
(k) testing, commissioning and handing over of the completed Works; and
(l) [insert any other relevant information, as appropriate.]

The Completion Schedule shall include the logical links between all Sections and
Milestones and the distinct activities comprising the required items of work linked to the
Sections and Milestones.
Once completed and accepted by the Employer, the Completion Schedule shall be included
in the Contract and referenced to in the Contract Data (1.1.8).
Section IV – Proposal Forms

Contractor’s Personnel Organization Chart


The Proposer shall provide an organization chart illustrating the proposed management
structure and reporting lines for delivery of the Contract. The organization chart shall
include the names of all Key Personnel.
Section IV – Proposal Forms

Personnel: Form PER -1: Key Personnel qualifications


and resource schedule
Proposers should provide the names and details of the suitably qualified Contractor’s
Representative and Key Personnel to perform the Contract. The data on their experience should
be supplied using the Form PER-2 below for each candidate. Proposers should submit a fully
detailed Key Personnel resource schedule for the whole contract implementation period. The
resource schedule must include:
 the name and role for each Key Personnel position
 The duration of each Key Personnel appointment
 The level of effort (time) allocated to each Key Personnel position and its distribution
throughout the contract implementation period.

Title of position Name of candidate


1. [Contractor’s Representative]
2. [Cyber security Expert/s] [Include as
required]
Key Personnel for Design
3. [Design Manager]
4. [Environmental Impact Assessment
Specialist]
5. [Social Impact Assessment Specialist]
6. 13. [Health and Safety Specialist]
7. [Biodiversity, Air quality, Noise etc.
Specialists]
8. [Modify/add others as appropriate]
Key Personnel for Construction
9. [Construction Manager]
10. [Environmental Specialist]
11. [Health and Safety Specialist]
12. [Social Specialist]
13 [Survey Manager]
14. [Sexual Exploitation, Abuse and
Harassment Expert(s)
[Where a Project SEA risks are assessed to
be substantial or high, Key Personnel shall
include an expert (s) with relevant experience
in addressing sexual exploitation, sexual
abuse and sexual harassment] cases]
15. [Modify/add others as appropriate]
Section IV – Proposal Forms

Form PER-2: Resume and Declaration: Contractor’s


Representative and Key Personnel

Name of Proposer

Position [#1]: [title of position from Form PER-1]

Personnel Name: Date of birth:


information
Address: E-mail:

Professional qualifications:

Academic qualifications:

Language proficiency: [language and levels of speaking, reading and


writing skills]

Details
Address of employer:

Telephone: Contact (manager / personnel


officer):

Fax:

Job title: Years with present employer:

Summarize professional experience in reverse chronological order. Indicate particular technical


and managerial experience relevant to the project.
Duration of
Project Role Relevant experience
involvement
[main [role and
[describe the experience relevant to this
project responsibilities on the [time in role]
position]
details] project]

Declaration
Section IV – Proposal Forms

I, the undersigned Key Personnel, certify that to the best of my knowledge and belief, the
information contained in this Form PER-2 correctly describes myself, my qualifications and
my experience.
I confirm that I am available as certified in the following table and throughout the expected
time schedule for this position as provided in the Proposal:
Commitment Details
Commitment to duration of [insert period (start and end dates) for which this Key
contract: Personnel is available to work on this contract]
Time commitment: [insert the number of days/week/months/ that this Key
Personnel will be engaged]

I understand that any misrepresentation or omission in this Form may:


(a) be taken into consideration during Proposal evaluation;
(b) result in my disqualification from participating in the Proposal;
(c) result in my dismissal from the contract.

Name of Key Personnel: [insert name]___________________________________________

Signature: __________________________________________________________________

Date: (day month year): _______________________________________________________

Countersignature of authorized representative of the Proposer:

Signature: __________________________________________________________________

Date: (day month year): _______________________________________________________


Section IV – Proposal Forms

Form EQU: Schedule of Contractor’s Key Equipment


The Proposer shall provide its strategy for acquiring and maintaining the Key Equipment
specified in the Employer’s Requirements, and other proposed Key Equipment, needed to
execute the Works in accordance with the Completion Schedule. In the strategy, the Proposer
shall specify the number, manufacturer, characterstics (weight, diameter, bucket capacity
etc.), model, power rating, energy source ( electricity, diesel, gasoline etc.), age and
maintenance condition, availability on site, and how it will ensure that the equipment is
maintained in accordance with manufacturer’s specifications for the duration of the Contract.
The Proposer shall specify whether it will own, lease, rent or specially manufacture the key
equipment.
[Example- Schedule of Contractor’s Key Equipment]
BoQ Type Brand Commisioning Power Characterstic Energy Number Used for Availabilit Remarks
item year source of items Baseline y (weeks) e.g.Asset
No. Schedule value of
no. equipment
(New/Used)
Section IV – Proposal Forms

Subcontractors: Proposed Subcontractors


The following Subcontractors and/or manufacturers are proposed for carrying out the
activity/subactivity indicated. For any additional subcontractor (that is not the Specialized
Subcontractor accepted in the initial selection process or subsequently approved by the
Employer in accordance with ITP 14.3), Proposers are free to propose more than one
Subcontractor for each activity/subactivity.

Activity/Sub-Activity Proposed Subcontractors Nationality


Section IV – Proposal Forms

Qualification Forms

Form ELI 1.1


Proposer Information Sheet
Date: ______________________
RFP No.: ___________________
Page ________ of _______ pages

1. Proposer’s Legal Name


2. In case of JV, legal name of each party:

3. Proposer’s actual or intended Country of Registration:

4. Proposer’s Year of Registration:

5. Proposer’s Legal Address in Country of Registration:

6. Proposer’s Authorized Representative Information


Name:
Address:
Telephone/Fax numbers:
Email Address:
7. 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 ITP 4.4
 In case of JV, letter of intent to form JV or JV agreement, in accordance with ITP 4.1
 In case of state-owned enterprise or institution, in accordance with ITP 4.6, documents
establishing:
 Legal and financial autonomy
 Operation under commercial law
 Establishing that the Proposer is not under the supervision of the Employer
8. Included are the organizational chart, a list of Board of Directors, and the beneficial
ownership. The successful Proposer shall provide additional information on beneficial
ownership, using the Beneficial Ownership Disclosure Form.
Section IV – Proposal Forms

Form ELI 1.2

Party to JV Information Sheet


Date: ______________________
RFP No.: ___________________
Page ________ of _______ pages

1. Proposer’s Legal Name:

2. JV’s Party legal name:

3. JV’s Party Country of Registration:

4. JV’s Party Year of Registration:

5. JV’s Party Legal Address in Country of Registration:

6. JV’s Party Authorized Representative Information


Name:
Address:
Telephone/Fax numbers:
Email Address:
7. Attached are copies of original documents of
 Articles of Incorporation (or equivalent documents of constitution or association), and/or
registration documents of the legal entity named above, in accordance with ITP 4.4.
 In case of a state-owned enterprise or institution, documents establishing legal and financial
autonomy, operation in accordance with commercial law, and that they are not under the
supervision of the Employer, in accordance with ITP 4.6.
8. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
The successful Proposer shall provide additional information on beneficial ownership for each JV
member using the Beneficial Ownership Disclosure Form.
Section IV – Proposal Forms

Form CON – 2

Historical Contract Non-Performance, Pending Litigation


and Litigation History
[This form should be used only if the information submitted at the time of initial selection
requires updating. The following table shall be filled in for the Proposer and for JVs, each
member of the Joint Venture]

Proposer’s Name: [insert full name]


Date: [insert day, month, year]
JV Member’s Name: [insert full name]
RFP No. and title: [insert RFP number and title]
Page [insert page number] of [insert total number] pages
Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria
of the Initial Selection document
 Contract non-performance did not occur since 1st January [insert year]
 Contract(s) not performed since 1st January [insert year]
Year Non- Contract Identification Total Contract
performed Amount (current
portion of value, currency,
contract exchange rate and
US$ equivalent)
[insert [insert amount Contract Identification: [indicate complete [insert amount]
year] and contract name/ number, and any other
percentage] identification]
Name of Employer: [insert full name]
Address of Employer: [insert
street/city/country]
Reason(s) for nonperformance: [indicate main
reason(s)]
Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria of the
Initial Selection document
 No pending litigation
 Pending litigation
Section IV – Proposal Forms

Year of Amount in Contract Identification Total Contract


dispute dispute Amount
(currency) (currency), USD
Equivalent
(exchange rate)
Contract Identification: ________________
Name of Employer: ___________________
Address of Employer: _________________
Matter in dispute: _____________________
Party who initiated the dispute: __________
Status of dispute: _____________________

Litigation History in accordance with Section III, Evaluation and Qualification Criteria of
the Initial Selection document
 No Litigation History
 Litigation History
Year of Outcome as Contract Identification Total Contract
award percentage of Amount (currency),
Net Worth USD Equivalent
(exchange rate)
[insert [insert Contract Identification: [indicate [insert amount]
year] percentage] complete contract name, number, and
any other 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”]
Reason(s) for Litigation and award
decision [indicate main reason(s)]
Section IV – Proposal Forms

Form CON – 3
Environmental, and Social Performance Declaration
[This form should be used only if the information submitted at the time of initial selection
requires updating. The following table shall be filled in for the Proposer and for JVs, each
member of the Joint Venture and each Specialized Subcontractor]

Proposer’s Name: [insert full name]


Date: [insert day, month, year]
Joint Venture Member’s or Specialized Subcontractor’s Name: [insert full name]
RFP No. and title: [insert RFP number and title]
Page [insert page number] of [insert total number] pages

Environmental and Social Performance Declaration


in accordance with Section III, Qualification Criteria, and Requirements of the Initial Selection
document
 No suspension or termination of contract: An employer has not suspended or terminated a
contract and/or called the performance security for a contract for reasons related to
Environmental and Social (ES) performance since the date specified in Section III,
Qualification Criteria, and Requirements, Sub-Factor 2.5.
 Declaration of suspension or termination of contract: The following contract(s) has/have
been suspended or terminated and/or Performance Security called by an employer(s) for
reasons related to Environmental and Social (ES) performance since the date specified in
Section III, Qualification Criteria, and Requirements, Sub-Factor 2.5. Details are described
below:
Year Suspended or Contract Identification Total Contract
terminated Amount (current
portion of value, currency,
contract exchange rate and
US$ equivalent)
[insert [insert amount Contract Identification: [indicate complete [insert amount]
year] and percentage] contract name/ number, and any other
identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for suspension or termination:
[indicate main reason(s) e.g. gender-based
violence; sexual exploitation or sexual abuse
breaches]
Section IV – Proposal Forms

[insert [insert amount Contract Identification: [indicate complete [insert amount]


year] and percentage] contract name/ number, and any other
identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for suspension or termination:
[indicate main reason(s)]
… … [list all applicable contracts] …

Performance Security called by an employer(s) for reasons related to ES performance


Year Contract Identification Total Contract
Amount (current
value, currency,
exchange rate and
US$ equivalent)
[insert Contract Identification: [indicate complete contract name/ [insert amount]
year] number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for calling of performance security: [indicate main
reason(s) e.g. gender-based violence; sexual exploitation or sexual
abuse breaches]
Section IV – Proposal Forms

Form CON – 4

Sexual Exploitation and Abuse (SEA) and/or Sexual


Harassment Performance Declaration
[This form should be used only if the information submitted at the time of Initial Selection requires
updating. The following table shall be filled in for the Proposer, each member of a Joint Venture
and each Subcontractor]
Proposer’s Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Member’s or Subcontractor’s Name: [insert full name]
RFP No. and title: [insert RFP number and title]
Page [insert page number] of [insert total number] pages

SEA and/or SH Declaration


in accordance with Section III, Qualification Criteria, and Requirements of the Initial Selection
Document

We:
 (a) have not been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations
 (b) are subject to disqualification by the Bank for non-compliance with SEA/ SH obligations
 (c) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations . An
arbitral award on the disqualification case has been made in our favor.
 (d) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations for
a period of two years. We have subsequently demonstrated that we have adequate capacity and
commitment to comply with SEA/ SH obligations.
 (e) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations for
a period of two years. We have attached evidence demonstrating that we have adequate capacity
and commitment to comply with SEA/ SH obligations.

[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the issues
underlying the disqualification.]

[If (d) or ( e) above are applicable, provide the following information:]

Period of disqualification: From: _______________ To: ________________

If previously provided on another Bank financed works contract, details of evidence that demonstrated
adequate capacity and commitment to comply with SEA/ SH obligations (as per (d) above)
Name of Employer: ___________________________________________
Name of Project: _____________________________________
Contract description: _____________________________________________________
Section IV – Proposal Forms

Brief summary of evidence provided: ________________________________________


______________________________________________________________________
Contact Information: (Tel, email, name of contact person): _______________________
______________________________________________________________________

As an alternative to the evidence under (d), other evidence demonstrating adequate capacity and
commitment to comply with SEA/ SH obligations (as per (e) above) [attach details as appropriate].
Section IV – Proposal Forms

Form CCC
Current Contract Commitments / Works in Progress
Proposers and each partner 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.

Name of contract Employer, Value of Estimated Average


contact outstanding completion date monthly
address/tel/fax work (current invoicing over
US$ equivalent) last six months
(US$/month)
1.

2.

3.

4.

5.

etc.
Section IV – Proposal Forms

Form FIN 3.3


Financial Resources
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 indicated in Section III,
Evaluation and Qualification Criteria
Source of financing Amount (US$ equivalent)
1.

2.

3.

4.
Section IV – Proposal Forms

Others
Commercial or contractual aspects of the RFP documents that the Proposer would like to
discuss with the Employer during clarifications.
Section IV – Proposal Forms

Form of Proposal Security – Demand Guarantee


Beneficiary: __________________________________________________
Request for Proposals No: ______________________________________
Date: ________________________________________________________
PROPOSAL GUARANTEE No.: ________________________________
Guarantor: __________________________________________________
We have been informed that __________________________ (hereinafter called “the
Applicant”) has submitted or will submit to the Beneficiary its Proposal (hereinafter called
“the Proposal”) for the execution of ________________ under Request for Proposals No.
___________ (“the RFP”).
Furthermore, we understand that, according to the Beneficiary’s conditions, Proposals must
be supported by a Proposal guarantee.
At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________
(____________) upon receipt by us of the Beneficiary’s complying 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 Proposal prior to the Proposal validity expiry date set forth in the
Applicant’s Letter of Proposal (“the Proposal Validity Period”), or any extension
thereto provided by the Applicant; or
(b) having been notified of the acceptance of its Proposal by the Beneficiary prior to the
expiry date of the Proposal validity or any extension thereto provided by the Applicant,
(i) has failed to execute the contract agreement, or (ii) has failed to furnish the
Performance Security and, if required, an Environmental and Social (ES ) Performance
Security, in accordance with the Instructions to Proposers (“ITP”) of the Beneficiary’s
RFP document.
This guarantee will expire: (a) if the Applicant is the successful Proposer, upon our receipt of
copies of the contract agreement signed by the Applicant and the Performance Security and,
if required, an Environmental and Social (ES ) Performance Security, issued to the
Beneficiary in relation to such contract agreement; or (b) if the Applicant is not the
successful Proposer, upon the earlier of (i) our receipt of a copy of the Beneficiary’s
notification to the Applicant of the results of the RFP process; or (ii) twenty-eight days after
the expiry date of the Proposal validity.
Consequently, any demand for payment under this guarantee must be received by us at the
office indicated above on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758.
__________________________________________
[signature(s)]
Section IV – Proposal Forms

Form of Proposal-Securing Declaration

Date: ______________________
Proposal No.:______________________
Alternative No.:______________________

To:
We, the undersigned, declare that:
We understand that, according to your conditions, Proposals must be supported by a
Proposal-Securing Declaration.
We accept that we will automatically be suspended from being eligible for submitting
proposals or bidding in any contract with the Employer for the period of time specified in
Section II – Proposal Data Sheet, if we are in breach of our obligation(s) under the Proposal
conditions, because we:
(a) have withdrawn our Proposal prior to the expiry date of the Proposal validity specified
in the Letter of Proposal or any extended date provided by us; or
(b) having been notified of the acceptance of our Proposal by the Employer prior to the
expiry date of the Proposal validity in the Letter of Proposal or any extended date
provided by us, (i) fail or refuse to execute the Contract, if required, or (ii) fail or refuse
to furnish the Performance Security and, if required, an Environmental and Social (ES )
Performance Security, in accordance with the ITP 65.
We understand this Proposal-Securing Declaration shall expire if we are not the successful
Proposer, upon the earlier of (i) our receipt of your notification to us of the name of the
successful Proposer; or (ii) twenty-eight days after the expiry date of of the Proposal validity.

Name of the Proposer* _____________________________________________________

Name of the person duly authorized to sign the Proposal on behalf of the Proposer**

Title of the person signing the Proposal ______________________

Signature of the person named above ______________________

Date signed ________________________________ day of ___________________, _____


*: In the case of the Proposal submitted by joint venture specify the name of the Joint
Venture as Proposer
**: Person signing the Proposal shall have the power of attorney given by the Proposer
attached to the Proposal
Section IV – Proposal Forms

[Note: In case of a Joint Venture, the Proposal-Securing Declaration must be in the name of
all members to the Joint Venture that submits the Proposal.]
Section IV – Proposal Forms

Form of Sexual Exploitation and Abuse (SEA), and/or


Sexual Harassment (SH) Declaration
Date: _______________ RFP No.: _____________________
Alternative No.: ________________

Contract Title: ________________________________

To:

We, the undersigned, declare that:

We understand that Proposals must be supported by a SEA and/or SH Declaration.


We accept that, if awarded the Contract, we, including our Subcontractors, are required to
comply with the SEA/SH Prevention and Response Obligations under the Contract, and we
further accept that the Bank may disqualify us from being awarded a Bank-financed contract
for a period of two years, if it is determined by Dispute Avoidance/Adjudication Board
(DAAB) decision that we:

(a) have failed to correct non-compliance with identified SAE/SH Prevention and
Response Obligation; and/or
(b) were non-compliant with such obligations at the time of an alleged incident,

and, in the event of recourse to the Emergency Arbitration provisions under the International
Chamber of Commerce Arbitration Rules, an order to reverse the DAAB Decision is not
issued by the Emergency Arbitrator under the Rules.

Name of the Proposer*

Name of the person duly authorized to sign the Proposal on behalf of the Proposer**
_______

Title of the person signing the Proposal ______________________

Signature of the person named above ______________________

Date signed ________________________________ day of ___________________, _____


*: In the case of the Proposal submitted by joint venture specify the name of the Joint Venture as Proposer

**: Person signing the Proposal shall have the power of attorney given by the Proposer attached to the Proposal

[Note: In case of a Joint Venture, the SEA and/or SH Declaration must be in the name of all members to the
Joint Venture that submits the Proposal.]
Section V – Eligible Countries

SECTION V - ELIGIBLE COUNTRIES

Eligibility for the Provision of Goods, Works and non-consulting Services in Bank-
Financed Procurement

In reference to ITP 4.8 and ITP 5.1, for the information of the Proposers, at the present time
firms, goods and services from the following countries are excluded from this RFP process:

Under ITP 4.8(a) and ITP 5.1: [insert a list of the countries following approval by the Bank
to apply the restriction or state “none”].

Under ITP 4.8(b) and ITP 5.1: [insert a list of the countries following approval by the Bank to
apply the restriction or state “none”]
Section VI – Fraud and Corruption

SECTION VI - FRAUD AND CORRUPTION


(Section VI shall not be modified)

1. Purpose
1.1 The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement
under Bank Investment Project Financing operations.
2. Requirements
2.1 The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders
(applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-
consultants, service providers or suppliers; any agents (whether declared or not); and any
of their personnel, observe the highest standard of ethics during the procurement process,
selection and contract execution of Bank-financed contracts, and refrain from Fraud and
Corruption.
2.2 To this end, the Bank:
a. Defines, for the purposes of this provision, the terms set forth below as follows:
i. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of another
party;
ii. “fraudulent practice” is any act or omission, including misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain
financial or other benefit or to avoid an obligation;
iii. “collusive practice” is an arrangement between two or more parties designed to
achieve an improper purpose, including to influence improperly the actions of
another party;
iv. “coercive practice” is impairing or harming, or threatening to impair or harm,
directly or indirectly, any party or the property of the party to influence
improperly the actions of a party;
v. “obstructive practice” is:
(a) deliberately destroying, falsifying, altering, or concealing of evidence
material to the investigation or making false statements to investigators
in order to materially impede a Bank investigation into allegations of a
corrupt, fraudulent, coercive, or collusive practice; and/or threatening,
harassing, or intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the investigation or from pursuing the
investigation; or
(b) acts intended to materially impede the exercise of the Bank’s inspection
and audit rights provided for under paragraph 2.2 e. below.
Section VI – Fraud and Corruption

b. Rejects a proposal for award if the Bank determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants,
sub-contractors, service providers, suppliers and/ or their employees, has, directly or
indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices
in competing for the contract in question;
c. In addition to the legal remedies set out in the relevant Legal Agreement, may take
other appropriate actions, including declaring misprocurement, if the Bank
determines at any time that representatives of the Borrower or of a recipient of any
part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or
obstructive practices during the procurement process, selection and/or execution of
the contract in question, without the Borrower having taken timely and appropriate
action satisfactory to the Bank to address such practices when they occur, including
by failing to inform the Bank in a timely manner at the time they knew of the
practices;
d. Pursuant to the Bank’s Anti-Corruption Guidelines, and in accordance with the
Bank’s prevailing sanctions policies and procedures, may sanction a firm or
individual, either indefinitely or for a stated period of time, including by publicly
declaring such firm or individual ineligible (i) to be awarded or otherwise benefit
from a Bank-financed contract, financially or in any other manner; 1 (ii) to be a
nominated2 sub-contractor, consultant, manufacturer or supplier, or service provider
of an otherwise eligible firm being awarded a Bank-financed contract; and (iii) to
receive the proceeds of any loan made by the Bank or otherwise to participate further
in the preparation or implementation of any Bank-financed project;
e. Requires that a clause be included in bidding/request for proposals documents and in
contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers),,
consultants, contractors, and suppliers, and their sub-contractors, sub-consultants,
service providers, suppliers, agents, personnel, permit the Bank to inspect 3 all
accounts, records and other documents relating to relating to the procurement process,

1
For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation,
(i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated
sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of
such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing
contract.
2
A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service
provider (different names are used depending on the particular bidding document) is one which has been: (i) included
by the bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how
that allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.
3
Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities
undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits,
such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms.
Such activity includes but is not limited to: accessing and examining a firm's or individual's financial records and
information, and making copies thereof as relevant; accessing and examining any other documents, data and
information (whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies
thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits;
and obtaining third party verification of information.
Section VI – Fraud and Corruption

selection and/or contract execution, and to have them audited by auditors appointed
by the Bank.
Part 2 – Employer’s Requirements 139

PART 2 –EMPLOYER’S REQUIREMENTS


Section VII – Employer’s Requirements 140

SECTION VII. EMPLOYER’S REQUIREMENTS

Table of Content
Employer’s Requirements.......................................................138
Environmental and Social (ES) requirements...........................144
Scope of the Works................................................................148
Site Data and Items of Reference............................................149
The Geotechnical Baseline Report (GBR).................................150
The Geotechnical Data Report (GDR).......................................151
Contractor’s Representative and Key Personnel......................152
Contractor’s Key Equipment...................................................154
Specifications........................................................................155
Drawings...............................................................................156
Supplementary Information....................................................157
Section VII – Employer’s Requirements 141

Employer’s Requirements
Notes on preparing the Employer’s Requirements

The Employer’s Requirements should be carefully prepared by experts who are familiar with the
requirements and with the technical aspect of the Works. The Employer should remember that if
any matters are not referered to or covered, the Contractor may well be releived of any
responsibility in respect of such matters.

The Employer’s Requirements should specify the particular requirements of the completed
Works, including functional requirements, quality and scope. The Employer’s Requirements
shall also include relevant information about and without limitation on:

a) design and construction management requirements (data exchange, calculations, design,


programing and/or monitoring software, formatting etc.);
b) design requirements (life cycle expectancy, compliance with Employer’s reference design
and with other designs agreed in the Letter of Accptance, compliance with performance
or Materials and workmanship specifications, if any, etc.)
c) investigations and testing of Goods with long lead times;
d) quality requirements and quality testing instructions;
e) survey and monitoring instructions (subsurface and above surface, interfaces,
information and alarm systems, etc.)
f) the Contractor’s Key Equipment;
g) expected utilities and treatment thereof.

In addition, the Employer’s Requirements shall include the Employer’s reference design and
corresponding drawings, based on the preliminary investigations and the analyses of the
relevant data consistent with the Geotechnical Base Line Reprt (GBR).

If the Works are to include fixtures, fitting equipment (for example, sepertaed ventilation or
utility ducts, runing surfaces, drainage within the Lining Works etc.) and other similar items, the
scope of such work must be defined in the Employer’s Requirements, including the extent to
which the Works are to be fully equipped, ready for operation, with spare parts and
consumables provided for operation (for a specified period), typically by the Employer. If the
Contractor is required to operate the Works, either for a few months’ trial operation under sub-
paragraph (c) Sub-Clause 9.1 [ Contractor’s Obligations] or for some years’ operation, this
should be specified and detailed in the Employer’s Requirements.

The Employer’s Requirements must be drawn up to permit the widest, possible competition and,
at the same time, present a clear statement of the required standards of workmanship, materials
performance and/or functions of the Works. The Employer’s Requirements should stipulate that
all goods and materials to be incorporated in the Works are new, unused, of the most recent or
current models and incorporate all recent improvements in design and materials.

Care must be taken when drafting the Employer’s Requirements to ensure that the requirements
are not restrictive. Recognized international standards should be used as much as possible for
Section VII – Employer’s Requirements 142

the description of goods, materials and workmanship. Where other particular standards are
specified, whether national standards of the Borrower’s country or other standards, it should be
stated that goods, materials and workmanship meeting other authoritative standards and which
promise to ensure equal or higher quality than the standards specified, will also be acceptable.
Where a brand name of a product is specified it should always be qualified with the terms “or
equivalent”.

The Employer should carry-out appropriate pre-contract actions including:

(a) appropriate ES assessment and risk mitigation ( see Environmental and Social (ES)
requirements sub-section in this Section VII);

(b) Site Investigations (Sub-Clause 2.5)

Site Investigations should provide a sufficient range of information commensurate with


the size, nature and complexities of the contract and cover at the least the following:

(i) Adjacent Property and Relations with Third Parties (Sub-Clause 2.1;

(ii) Access to the Site and Working Areas (Sub-Clause 2.1, 4.13,4.14 and 4.15):
Permission for and physical access to the Site as well as availability of the working
areas on-and off-Site should be investigated prior to issuance of the RFP. Sufficient
time, should be allocated for the related permananet or temporary expropiation
and/or possession of the requistte areas if required;
(iii) Geology, hydrogeology, Hydrology and Geotechnics (Sub-Clause 4.10): The
relevant data for the realization of the Works should be collected, analyzed and, if
applicable, monitored. Investigations may include, among others, extensive study of
available literature and data, geophysical surveys, destructive and non- destructive
probe drilling, down-the hole- testing, surface testing and laboratory testing, as well
as related digital modelling. The data, so collected, shall be identifed and described
in the Geotechincal Data Report (GDR).

(c) Employer’s Reference Design ( GC Sub-Clauses 1.1.39,4.10 and 5.1): The Employer’s
reference design should:

(i) be compatible with the Employer’s Requirements, and the Employer’s preferred
assessment of acceptable physical risks;
(ii) be based on and consistent with the conclusions of the preliminary investigations in
the GDR;
(iii) cover the Permananent Works and the excavation and support procedure for the
Underground Excavation and Lining Works; and
(iv) be consistent with the GBR and the various relevant Schedules.

The Employer’s reference design should be produced by a qualified and experienced


designer and reviewed prior to issue.
Section VII – Employer’s Requirements 143

(d) Disposal of excavated and Waste Materials (GC Sub-Clauses 7.1 and 7.8)

Appropriate disposal of excavated material is crucial to the success of the contract. Suitable
treatment and diposal facilities of materials to be re-used or removed from the Underground
Works should be explored and secured for the:
(i) material to be exzcavated and/or recycled, and
(ii) typical waste material removed from the Works during construction including those
subjected to varying degrees of contamination and/or hazardous slurries and water.

(e) Material Testing

Critical parts of Underground Works may be difficult to access after construction. Their
durability is essential. If no long-term performance data is available for the materials
and systems to be provided for any such part of the Works, either accelerated testing of
such materials should be undertaken, or access be ensured by partcualr arrangements.
Such situations should be identified at an early stage in the risk assessment of the
contract.

The Employer’s Requirements should include, as appropriate, information of a technical nature


for the following non-exhaustive list of Sub-Clauses of the Conditions of Contract that make
reference to matters to be included in the Employer’s Requirements. However, it may also be
necessary under other Sub-Clauses for the Employer to give specific information in the
Employer’s Requirements e.g. Sub-Clause 7.2 [ Samples]. For additional information to be
included in regards to Environmental and Social (ES) aspects, please see “Environmental and
Social requirements below”.

Sub-Clause
No. Sub-Clause Remarks
1.8 Care and Supply of Documents

1.9 Errors in the Employer’s


Requirements and/or in the
Geotechnical Baseline Report
1.11 Contractor’s Use of Employer’s
Documents
1.13 Compliance with Laws
1.16 Contract Risk Register and Contract
Risk Management Plan
2.1 Right of Access to the Site Please also refer to Sub-Clause 2.1
(Part A- Contract Data) to ensure
consistency and applicability.
2.5 Site Data and Items of Reference
Section VII – Employer’s Requirements 144

Sub-Clause
No. Sub-Clause Remarks
2.6 Employer-Supplied materials and
Employer’s Equipment
4.1 Contractor’s General Obligations This is also included under
“Environmental and Social
Requirements” below.
4.5 Nominated Subcontractors If any
4.6 Cooperation This is also included under
“Environmental and Social
Requirements” below.
4.8 Health and Safety Obligations This is also included under
“Environmental and Social
Requirements” below.
4.9 Quality Management and Compliance
Verification Systems
4.10 Use of Site Data, of the Geotechnical Also mentioned above.
Baseline Report and of the
Geotechnical Data Report
4.16 Transport of Goods
4.17 Contractor’s Equipment to be included in the section for
specifying Contractor’s Key
Equipment
4.18 Protection of the Environment This is also included under
“Environmental and Social
Requirements” below.
4.19 Temporary Utilities
4.20 Progress Reports
4.24 Excavation and Lining Works
4.25 Milestones
5.1 General Design Obligations Proposers should be advised of the
extent to which the Employer’s
reference design is a suggestion or a
requirement
5.2 Contractor’s Documents As appropriate, specify which
Contractor’s Documents the Employer
requires the Contractor to prepare
and identify which of the Contractor’s
Documents the Employer requires the
Section VII – Employer’s Requirements 145

Sub-Clause
No. Sub-Clause Remarks
Contractor to submit to the Engineer
for Review. As appropriate, also
include any applicable requirements
for mandatory review/checking and/or
verification of, for example, design of
structural elements by competent
autthorities or proffesionals. If so,
include: (i) the processes required and
whether, and to what extent, such
reviews and/or verification of an
element of design (and the
Contractor’s documents associated
with such element) shall replace the
Engineer’s review under this Sub-
Clause.

5.4 Technical Standards and Regulations This is also included under


“Environmental and Social
Requirements” below.
5.5 Training
5.6 As- Built Records
5.7 Operation and Maintenance Manuals
6.6 Facilities for Staff and Labour
6.7 Health and Safety of Personnel
6.12 Key Personnel
7.3 Inspection
7.4 Testing by the Contractor
7.8 Royalties
8.3 Programme Recommended that the programming
software that is perferable to the
Engineer (in its monitoring of the
Contractor’s progress in executing the
Works) be clearly identified
9.1 (Tests on Completion)- Contractor’s
Obligations
10.2 Taking Over Parts
11.11 Clearance of Site
Section VII – Employer’s Requirements 146

Sub-Clause
No. Sub-Clause Remarks
12.1 Procedure for Tests after Completion
13.1 Right to Vary

Any additional sustainable procurement technical requirements (in addition to the ES


requirements stated in the Environmental and Social Requirements section below) for the Works
shall be clearly specified. Please refer to the Bank’s Procurement Regulations for Borrowers
and Sustainable procurement guidance notes for further information. The sustainable
procurement requirements shall be specified to enable evaluation of such requirements This is a
broad area and the requirements should be consistent with the objectives of the contract;
(examples of such broad areas to be detailed as appropriate may include, but not limited to,
energy efficiency, emission reduction, other methods for minimizing the carbon impact in the
execution of the Works and/or the completed Works etc.). To encourage Proposers’ innovation
in addressing sustainable procurement requirements, as long as the Proposal evaluation criteria
specify the mechanism for monetary adjustments and/or rated criteria evaluation for the purpose
of Proposals comparison, Proposers may be invited to offer Works that exceed the specified
minimum sustainable procurement requirements.

[If the contract has been assessed to present potential or actual cyber security risks, the
Employer shall specify cyber security requirements, including cyber security accreditations as
appropriate.]

[If there are supply chain risks, the Employer shall require the Proposer to include its
assessment of supply chain risks and proposal to manage the risks]
Section VII – Employer’s Requirements 147

Environmental and Social (ES) requirements


The Employer’s team preparing the ES requirements should include a suitably qualified
Environmental and Social specialist/s.
In preparing detailed specifications for ES requirements the Borrower should refer to and
consider the applicable environmental and social standards in the ESF including the specific
requirements set out in the Environmental and Social Commitment Plan (ESCP), EHSGs and
other GIIP as well as SEA and SH prevention and management obligations.
The ES requirements should be prepared in manner that does not conflict with the relevant
General Conditions (and the corresponding Particular Conditions if any) and other parts of the
Employer’s Requirements.

The following is a non-exhaustive list of Sub-Clauses of the Conditions of Contract that make
reference to ES matters stated in the Employer’s Requirements
Sub-Clause/
Clause No. Sub-Clause/Clause Remarks
4.6 Co-operation Indicate specific aspects (if any) that
require contractor’s cooperation
such as to conduct environmental
and social assessment.
4.8 Health and Safety Obligations Indicate if there would be a health
service provider
Indicate if access to or provision of
services that accommodate physical,
social and cultural needs of
Contractor’s Personnel is required.
Indicate any additional requirements
for the health and safety manual
4.18 Protection of the Environment Specify any values for emissions,
surface discharges, effluent and any
other pollutants from the
Contractor’s activities that shall not
be exceeded. The Contractor’s C-
ESMP shall set out the measures the
Contractor will take to ensure
compliance with these limit values.
4.21 Security of the Site State any additional requirements for
the security arrangements (ESS4 of
the ESF states the principles of
porportionality, GIIP and applicable
Laws. Include any other requirement
set out in the ESCP.
4.23 (c) Archeological and Geological Specify other requirements if any in
Findings accordance with the ESF – ESS8
5.4 Technical Standards and State any:
Section VII – Employer’s Requirements 148

Sub-Clause/
Clause No. Sub-Clause/Clause Remarks
Regulations  applicable technical standards
and requirements including to
address:
 climate change
considerations,
 universal access,
 risks of the public’s potential
exposure to operational
accidents or natural hazards,
including extreme weather
events,
6.2 Rate of Wages and Conditions of State applicable requirements in
Labour accordance with the labour
management procedure.
6.5 Working Hours State applicable requirements in
accordance with the labour
management procedure.
6.28 Training of Contractor’s Personnel As set out in the ESCP, specify, ,
details of any training to relevant
Contractor’s Personnel to be
provided by the Employer’s
Personnel on environmental and
social aspects. (whom, what, when,
where, how long etc.)

In addition to provisions in the above table, the Employer shall specify the following as
applicable.
Management and Safety of Hazardous Materials
As applicable, specify requirements for the management and safety of hazardous materials (see
ESF - ESS4 para. 17 and 18 and relevant guidance notes).
Resource Efficiency and Pollution Prevention and Management
As applicable specify Resource Efficiency and Pollution Prevention and Management measures
(see ESF -ESS3 and relevant guidance notes).
 Resource efficiency
The Employer shall specify, as applicable, measures for improving efficient consumption of
energy, water and raw materials, as well as other resources.
Section VII – Employer’s Requirements 149

• Energy: When the Works have been assessed to involve a potentially significant use
of energy, specify any applicable measures to optimize energy usage.
• Water: When the Works have been assessed to involve a potentially significant use of
water or will have potentially significant impacts on water quality, specify any
applicable measures that avoid or minimize water usage so that the Works’ water use
does not have significant adverse impacts on communities, other users and the
environment.
• Raw material: When the Works have been assessed to involve a potentially
significant use of raw materials, specify any applicable measures to support efficient
use of raw materials.
 Pollution prevention and management
• Management of air pollution: specify any measure to avoid or minimize Works
related air pollution. See also Sub-Clause 4.18 of the Special Provisions and the
table above on Conditions of Contract that make reference to ES matters in the
Employer’s Requirements. Management of hazardous and nonhazardous wastes:
specify any applicable measures to minimize the generation of waste, and reuse,
recycle and recover waste in a manner that is safe for human health and the
environment including storage, transportation and disposal of hazardous wastes. See
also Sub-Clauses 4.8 and 4.18 of the Special Provisions and the table above on
Conditions of Contract that make reference to ES matters in the Employer’s
Requirements.
• Management of chemicals and hazardous materials: specify any applicable
measures to minimize and control the release and use of hazardous materials for
Works activities including the production, transportation, handling, and storage of
the materials. See also Sub-Clauses 4.8 and 4.18 of the Special Provisions and the
table above on Conditions of Contract that make reference to ES matters in the
Employer’s Requirements.
 Biodiversity Conservation and Sustainable Management of Living Natural Resources
The Employer shall specify, as applicable, Biodiversity Conservation and Sustainable
Management of Living Natural Resources (see ESF - ESS6 and relevant guidance notes).
This includes, as applicable:
 invasive alien species: managing the risk of invasive alien species during the
execution of the Works;
 sustainable management of living natural resources; and
 certification and verification requirements for the supply of natural resource
materials where there is a risk of significant conversion or significant degradation of
natural or critical habitats.
See also Sub-Clause 4.18 of the Special Provisions and the table above on Conditions of
Contract that make reference to ES matters in the Employer’s Requirements.
Section VII – Employer’s Requirements 150

Road Safety
 State any specific traffic and road safety requirement, as applicable. See also Sub-
Clause 4.15 of the Special Provisions. For details, refer to the Guidance Note on
Road safety.

SPECIFIED PROVISIONAL SUMS FOR ES OUTCOMES


The Proposal price includes all of the Contractor’s ES obligations under the Contract.
Provisional sums may be specified by the Employer for achieving specific ES outcomes. (e.g. for
HIV counselling service, and SEA and SH awareness and sensitization or to encourage the
contractor to deliver ES outcomes beyond the requirement of the Contract).
Section VII – Employer’s Requirements 151

Scope of the Works


[Insert scope]
Section VII – Employer’s Requirements 152

Site Data and Items of Reference


[In accordance with GC Sub-Clause 2.5, the Employer shall provide all relevant data in its
possesion on the topography of the Site, on hydrological, claimatic and environemntal
conditions at the Site and adjacent property, and on the geological, geotechnical and
hydrological data of the subsurface of the Site.
The orginal survey control points, lines and levfels of reference (the “items of reference” in the
Conditions of Contract) shall be specified in the Employer’s Requirements or issued to the
Contractor by a Notice from the Engineer.
In partcular, the Employer shall provide: (a) the Geotechnical Base Line Report; and (b) the
Geotechnical Data Report (GDR).]
Section VII – Employer’s Requirements 153

The Geotechnical Baseline Report (GBR)


[The Employer shall provide the Geotechnical Basel Line Report. The GBR allocates the
subsurface risks between the Employer and the Contractor for the elements of work as set out in
the Schedule of Baselines.Consequently, it is the single source contractual document that
describes the anticiapted subsurface conditions to be encountered in bthe excution of the Works.
The GBR contains descriptions, data, information, and warnings of anticipated physical and
behavioral conditions. The GBR is used to design the work, plan and equip the excavation
process, and help adjudicate disputes with unforseen subsurface physical conditions.
The design concept selected by the Employer and the interpretaions stated in the GBR
collectively represent the Employer’s preffered risk allocation for the subsurface physical
conditionsFor more information on GBR and and content recommendation

For more information on GBR and proposed content recommendations, see the relevant
guidance included in the Conditions of Contract for Underground Works (Emerald book).]
Section VII – Employer’s Requirements 154

The Geotechnical Data Report (GDR)


[The Employer shall provide the Geotechnical Data Report (GDR). As stated in GC Sub-Clause
1.1.52, the Geotechnical Data Report (GDR) should specify the geological, geotechnical and
hydrological data deemed to be in the Employer’s possession at the Base Date. The GDR
collates all geotechnical and related data as described under Sub-Clause 2.5 [ Site Data and
Items of Reference]. References to investigations and assessment of foundation methods,
structural integrity and status etc., which have been alyzed and reported elsehwhere should be
sumarized in the GDR.]
Section VII – Employer’s Requirements 155

Contractor’s Representative and Key Personnel


[Note: Insert in the following table, the minimum key specialists required to execute the
contract, taking into account the nature, scope, complexity and risks of the contract.]
Contractor’s Representative and Key Personnel
Item Minimum years
Position/ Relevant academic
No. of relevant work
specialization qualifications
experience
1 [Contractor’s e.g. degree in relevant e.g.[years] working on
Representative] field. road projects in similar
work environments
2. [If the contract has been
assessed to present potential
or actual cyber security
risks, the Proposer must be
required to include Cyber
security expert/s among the
Key Personnel.]
Key Personnel for Design
3. [Design Manager]
4. 14. [Environmental Impact
Assessment Specialist]
5. [Social Impact Assessment
Specialist]
6. 15. [Health and Safety
Specialist]
7. [Biodiversity, Air quality,
Noise etc. Specialists]
Key Personnel for Construction
8. [Construction Manager]
9. [Environmental Specialist]
10. [Health and Safety Specialist]
11. [Social Specialist]
12. [Biodiversity, Air quality,
Noise etc. Specialists]
13. Survey Manager
Section VII – Employer’s Requirements 156

14. Sexual Exploitation, Abuse [e.g. 5 years of


and Harassment Expert(s) monitoring and
managing risks related
[Where a Project SEA risks to gender-based
are assessed to be substantial violence, out of which 3
or high, Key Personnel shall years of relevant
include an expert (s) with experience in addressing
relevant experience in issues related to sexual
addressing sexual exploitation, sexual
exploitation, sexual abuse abuse and sexual
and sexual harassment cases] harassment]
15. [Modify/add others as
appropriate]
Section VII – Employer’s Requirements 157

Contractor’s Key Equipment


[Specify Key Equipment, as appropriate, to be completed by the Proposer in accordance with
Form EQU in Section IV-Proposal Forms.]
Section VII – Employer’s Requirements 158

Specifications
[insert specifications]
Section VII – Employer’s Requirements 159

Drawings
Section VII – Employer’s Requirements 160

Supplementary Information
PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS 161

PART 3 – CONDITIONS OF CONTRACT AND


CONTRACT FORMS
Section VIII – General Conditions (GC) 162

SECTION VIII - GENERAL CONDITIONS (GC)

Emerald Book:

© FIDIC-ITA 2019. All rights reserved.

The Conditions of Contract are the “General Conditions” which form part of the “Conditions
of Contract for Underground Works (“Emerald book”), First Edition, 2019” reprinted 2023
with amendments published by the Federation Internationale Des Ingenieurs – Conseils
(FIDIC) and the following “Particular Conditions” which comprise of the World Bank’s
COPA and the amendments and additions to such General Conditions.

An original copy of the above FIDIC publication i.e. “Conditions of Contract for Underground
Works” must be obtained from FIDIC.

International Federation of Consulting Engineers (FIDIC)

FIDIC Bookshop – Box- 311 – CH – 1215 Geneva 15 Switzerland

Fax: +41 22 799 49 054

Telephone: +41 22 799 49 01

E-mail: [email protected]

www.fidic.org

FIDIC code: ISBN: 978-2-88432-084-9


Section IX – Particular Conditions (PC) 163

SECTION IX - PARTICULAR CONDITIONS (PC)

The following Particular Conditions shall supplement the General Conditions. Whenever there is
a conflict, the provisions herein shall prevail over those in the General Conditions.
Section IX – Particular Conditions (PC) 164

Particular Conditions

Part A – Contract Data

Conditions Sub- Data


Clause

Base Date 1.1.4 __-----


[If the Employer makes significant
data/information available to Proposers 28
days or less before the latest deadline for
submission of Proposals, the Employer should
consider revising this date]

Completion Schedule 1.1.8 Attached as Particular Conditions Part A-


Completion Schedule

Where the Contract allows for 1.1.26 ______%


Cost Plus Profit, percentage
profit to be added to the Cost

Employer’s name and address 1.1.36

Engineer’s name and address 1.1.41

Site 1.1.77 [Describe any other places as forming part of


the Site]

Schedule of Baselines 1.1.84 Attached as Particular Conditions Part A-


Schedule of Baselines

Time for Completion 1.1.99 _____________days


If Sections are to be used, refer to Table:
Summary of Sections below

Bank’s name 1.1.105

Borrower’s name 1.1.106

Defects Notification Period 1.1.33 365 days (one year)

Sections 1.1.89 If Sections are to be used, refer to Table:


Summary of Sections below

Milestones 1.1.63 For events defined as milestone in the


Section IX – Particular Conditions (PC) 165

Conditions Sub- Data


Clause

Completion Schedule, refer to Table:


Definition of Milestones below

Electronic transmission system 1.3 (a) (ii)

Address of Employer for 1.3(d)


communications:

Address of Engineer for 1.3(d)


communications:

Address of Contractor for 1.3(d)


communications:

Governing Law 1.4

Ruling language 1.4

Language for communications 1.4

Time for the Parties to sign a 1.6 28 days after receipt of the Letter of
Contract Agreement Acceptance

Number of additional paper 1.8


copies of Contractor’s
Documents

Total liability of the Contractor 1.15 __________ (sum)


to the Employer under or in
connection with the Contract

Time for access to the Site 2.1 [ Ideally, the right of access to and possession
of all parts of the Site shall be given by the
Commencement Date. If this is the case, insert:
“No later than the Commencement Date”]
[If it is not practical or feasible to give the
right of access to and possession of all parts of
the Site by the Commencement Date, select
either of the following options and delete the
remaining text in this Particular Conditions,
Sub-Clause 2.1:
Option 1
“No later than the Commencement Date,
Section IX – Particular Conditions (PC) 166

Conditions Sub- Data


Clause

except for the following parts ((include


description of parts concerned) in a time and
manner stated in the Employer’s
Requirements.”
Option 2
“No later than the Commencement Date,
except for the following parts (include
description of parts concerned): within such
times as may be required to enable the
Contractor to proceed in accordance with the
Programme or, if there is no Programme at
that time, the initial programme submitted
under Sub-Clause 8.3 [Programme”]]

Engineer’s Duties and Authority 3.2 Variations resulting in an increase of the


Accepted Contract Amount in excess of ____%
shall require written consent of the Employer.

Cyber security- Contractor’s 4.1 If the contract has been assessed to present
obligations potential or actual cyber security risks, state
that the cyber security provision at the end of
Part B- Special Provisions- Sub-Clause 4.1
applies; otherwise state: “N/A”]

Performance Security 4.2 The Performance Security will be in the form


of a ____ [insert either one of “demand
guarantee” or “performance bond”] in the
amount(s) of [insert % figures] percent of the
Accepted Contract Amount and in the same
currency (ies) of the Accepted Contract
Amount.

Environmental and Social (ES) 4.2 [Delete this provision if ES Performance


Performance Security Security is not required.]
The ES Performance Security will be in the
form of a “demand guarantee” in the amount(s)
of [insert % figure(s) normally 1% to 3%] of
the Accepted Contract Amount and in the same
currency (ies) of the Accepted Contract
Amount.
[The sum of the total “demand guarantees”
(Performance Security and ES Performance
Section IX – Particular Conditions (PC) 167

Conditions Sub- Data


Clause

Security) shall normally not exceed 10% of the


Accepted Contract Amount.]

Maximum allowable 4.4(a) _______%


accumulated value of work
subcontracted (as a percentage
of the Accepted Contract
Amount)

Parts of the Works for which 4.4(b)


subcontracting is not permitted

Period for notification of errors 4.7.2 ___________ days “[state number of days,
in the items of reference normally not less than 28 days]”

Period of payment for temporary 4.19 ___________ days


utilities

Number of additional paper 4.20


copies of progress reports

Cyber security 4.20 [If the contract has been assessed to present
potential or actual cyber security risks,
indicate that the Progress Reports shall
include cyber security aspects in accordance
with Part B- Special Provisions- Sub-Clause
4.20; otherwise state: “N/A”.]

Cyber security-immediate 4.20 [If the contract has been assessed to present
reporting potential or actual cyber security risks,
indicate Cyber security incidents to be
immediately reported in accordance with Part
B- Special Provisions- Sub-Clause 4.20;
otherwise state: “N/A”.]

Normal working hours 6.5

Number of additional paper 8.3


copies of program
Section IX – Particular Conditions (PC) 168

Conditions Sub- Data


Clause

Delay damages payable for each 8.8 “ ________ % of the Accepted Contract Amount,
day of delay less provisional sum for DAAB. [If Sections and/
or Milestones are to be used, refer to Table:
Definition of Sections and Table: Definition of
Milestones below]

Maximum amount of delay 8.8 ______% of the Accepted Contract Amount less
damages provisional sum for DAAB. [normally not
exceeding 10%]

Cyber security- Variation 13.3.1(a) [If the contract has been assessed to present
potential or actual cyber security risks, state
that the detailed particulars to be submitted to
the Engineer shall include sufficient
information to enable assessment of cyber
security risks.]

Percentage rate to be applied to 13.4 (b)(ii) _______%


Provisional Sums for overhead
charges and profit

Responsibility for measurement 13.8.1 Intervals for measurement: _____Months

Responsibility for measurement 13.8.1 Method of measurement for the Schedule of


Baselines document reference number _______

Responsibility for measurement 13.8.1 Method of measurement for the Bill of


Quantities document reference number
_______

Total advance payment 14.2 ________ % Percentage of the Accepted


Contract Amount payable in the currencies and
proportions in which the Accepted Contract
Amount is payable
Section IX – Particular Conditions (PC) 169

Conditions Sub- Data


Clause

Repayment of Advance payment 14.2.3 (a) exceeds ______% of the portion of the
Accepted Contract Amount payable in that
currency less Provisional Sums
(b) deductions shall be made at the
amortisation rate of ________%_
[provided that the advance payment shall be
completely repaid prior to the time when 90
percent (90%) of the Accepted Contract
Amount less Provisional Sums has been
certified for payment]]

Period of payment 14.3

Number of additional paper 14.3(b)


copies of Statements

Percentage of retention 14.3(iv) _________________% [Insert percentage of


retention, normally 5% and not exceeding 10%]

Limit of Retention Money (as a 14.3(iv) __________________% [Insert percentage of


percentage of Accepted Contract retention, normally 5% and not exceeding 10%]
Amount)

Plant and Materials 14.5(b)(i) If Sub-Clause 14.5 applies:


Plant and Materials for payment when shipped
______________ [list].

14.5(c)(i) Plant and Materials for payment when


delivered to the Site ___________________
[list].

Minimum Amount of Interim 14.6.2 _____________ % of the Accepted Contract


Payment Certificates Amount.

Cyber security- withholding 14.6.2 [If the Contract has been assessed to present
payments potential or actual cyber security risks,
indicate that payments may be withheld for the
Contractor’s failure to perform Cyber security
obligations; otherwise state: “N/A”.]

Period of payment of Advance 14.7(a) _______________days [insert number of days,


Payment to the Contractor normally 28 days]
Section IX – Particular Conditions (PC) 170

Conditions Sub- Data


Clause

Period for the Employer to make 14.7b(i) ______________days [insert number of days,
interim payments to the normally 56 days]
Contractor under Sub-Clause
14.6 (interim Payment)

Period for the Employer to make 14.7b(ii) ______________days [insert number of days,
interim payments to the normally 28 days]
Contractor under Sub-Clause
14.13 (Final Payment)

Period for the Employer to make 14.7(c) ______________days [insert number of days,
final payment to the Contractor normally 56 days]

financing charges for delayed 14.8 _____%


payment (percentage points
above the average bank short-
term lending rate as referred to
under sub-paragraph (a))

Number of additional paper 14.11.1(b)


copies of draft Final Statement

Forces of nature, the risks of 17.2(d)


which are allocated to the
Contractor
Section IX – Particular Conditions (PC) 171

Conditions Sub- Data


Clause

Permitted deductible limits 19.1 insurance required for the Works:


___________
insurance required for Goods:_____________

insurance required for liability for breach of


professional duty:________________
insurance required against liability for fitness
for purpose (if any is
required):_______________
insurance required for injury to persons and
damage to property:______________________

insurance required for injury to employees: __


other insurances required by Laws and by local
practice:
____________________________
___________________________
______________________________

Additional amount to be insured 19.2.1(b) ________%


(as a percentage of the
replacement value, if less or
more than 15%)

List of Exceptional Risks which 19.2.1(iv)


shall not be excluded from the
insurance cover for the Works

Extent of insurance required for 19.2.2


Goods

Amount of insurance required


for Goods

amount of insurance required for 19.2.3(a)


liability for breach of
professional duty
Section IX – Particular Conditions (PC) 172

Conditions Sub- Data


Clause

Insurance required against 19.2.3(b) Yes/No [ delete as appropriate]


liability for fitness for purpose

Period of insurance required for 19.2.3


liability for breach of
professional duty

Amount of insurance required 19.2.4


for injury to persons and damage
to property

Other insurances required by 19.2.6


Laws and by local practice (give
details)

Time for appointment of DAAB 21.1 42 days after signature by both parties of the
member(s) Contract Agreement

The DAAB shall be comprised 21.1 Either: One sole Member


of or: Three Members
[For a Contract estimated to cost above USD
50 million, the DAAB shall comprise of three
members. For a Contract estimated to cost
between USD 20 million and USD 50 million,
the DAAB may comprise of three members or
a sole member. For a Contract estimated to
cost less than USD 20 million, a sole member
is recommended.]
Section IX – Particular Conditions (PC) 173

Conditions Sub- Data


Clause

List of proposed members of 21.1 Proposed by Employer [Attach CVs to the


DAAB request for proposals document and the
Contract]
1._____________________
2.______________________
3.______________________
Proposed by Contractor [Attach CVs to the
Contract]
1.________________________
2._________________________
3._________________________
Section IX – Particular Conditions (PC) 174

Table: Definition of Sections (if any):


Description of parts of Value: Percentage* Time for Delay Damages
the Works that shall be of Completion (Sub-Clause 8.8)
designated a Section Accepted Contract (Sub-Clause
for the purposes of the Amount 1.1.99)
Contract (Sub-Clause 14.9)
(Sub-Clause 1.1.89)

*These percentages shall also be applied to each half of the Retention Money under Sub-Clause 14.9

Table: Definition of Milestones:


Description of the event that does not Time for Completion Delay Damages
correspond with the whole of the (Calculated from the (as a percentage of
Works or with any Section and is Commencement Date) final Contract
designated a Milestone for the (Sub-Clause 1.1.99) Price per day of
purposes of the Contract delay)

Maximum amount of Delay damages for Milestones (percent of final Contract Price): ____%
Section IX – Particular Conditions (PC) 175

Part A –Completion Schedule

[ Attach the Contractually agreed Completion Schedule]


Section IX – Particular Conditions (PC) 176

Part A –Schedule of Baselines

[ Attach the Contractually agreed Schedule of Baselines]


Section IX – Particular Conditions (PC) 177

Part B – Special Provisions

Sub-Clause 1.1.4 Sub-Clause 1.1.4 is replaced with the following: “Unless


stated otherwise in the Contract Data, Base Date means the
Base Date
date 28 days before the latest date for submission of the
Tender.

Sub-Clause 1.1.57 The Sub-Clause is replaced with:


Laws “Laws” means all national (or state) legislation, statutes,
ordinances and other laws, and regulations and by-laws of
any legally constituted public authority.”

Sub-Clause 1.1.70 The Sub-Clause is replaced with:


Particular ““Particular Conditions” means the document entitled
Conditions particular conditions included in the Contract, which consists
of Part A- Contract Data, Part B- Special Provisions, Part C-
Fraud and Corruption and Part D- Environmental and Social
(ES) Metrics for Progress Reports.”

Sub-Clause 1.1.90 The Sub-Clause is replaced with:


Site “Site” means the places where the Permanent Works are to
be executed, including storage and working area, and to
which Plant and Materials are to be delivered, and any other
places specified in the Contract as forming part of the Site.”

Sub-Clause 1.1.96 The following is added at the end of the sentence. “Tender is
synonymous with “Proposal”, “tenderer” with “Proposer”,
Tender
“tender documents” with “request for proposals documents”

Sub-Clause 1.1.105 to 1.1.108 are added after Sub-Clause 1.1.104

Sub-Clause 1.1 105 Bank “Bank” means the financing institution (if any) named in the
Contract Data.

Sub-Clause 1.1.106 “Borrower” means the person (if any) named as the
borrower in the Contract Data.
Borrower

Sub-Clause 1.1.107 “ES” means Environmental and Social (including Sexual


Exploitation and Abuse (SEA) and Sexual Harassment (SH)).
ES

Sub-Clause 1.1.108 “Sexual Exploitation and Abuse” “(SEA)” means the


following:
Sexual Exploitation
and Abuse (SEA), Sexual Exploitation is defined as any actual or
Section IX – Particular Conditions (PC) 178

and Sexual attempted abuse of position of vulnerability, differential


Harassment (SH) power or trust, for sexual purposes, including, but not
limited to, profiting monetarily, socially or politically
from the sexual exploitation of another.
Sexual Abuse is defined as the actual or threatened
physical intrusion of a sexual nature, whether by force or
under unequal or coercive conditions; and
“Sexual Harassment” “(SH)” is defined as unwelcome
sexual advances, requests for sexual favors, and other verbal
or physical conduct of a sexual nature by the Contractor’s
Personnel with other Contractor’s or Employer’s Personnel;
and
“SEA/SH Prevention and Response Obligations” means
the Contractor’s obligations in regards to the prevention of
and response to SEA/SH as set forth in Sub-Clauses 4.1, 4.4,
4.20, 4.25, 6.9, 6.27, and 6.28.

Sub-Clause 1.2 Sub-paragraph (a) is replaced with the following:


Interpretation (a) “Words indicating one gender include all genders;
“he/she” is replaced with:” it”;
“him/her” is replaced with “it”;
“his” and “his/her” are replaced with: “its”;
“himself/herself” are replaced with: “itself”.”
Further, “and” is deleted from the end of sub-paragraph (i)
and added at the end of sub-paragraph (j).
sub-paragraph (k) is added:
(k) “The word “tender” is synonymous with “bid” or
“proposal”, the word tenderer with “bidder” or
“proposer” and the words “tender documents” with
“request for bids documents” or “request for proposal
documents”, as applicable.”

Sub-Clause 1.5 The following documents are added in the list of Priority
Documents after (e):
Priority of Documents
“(f) the Particular Conditions Part C- Fraud and Corruption;
(g) the Particular Conditions Part D- Environmental and
Social (ES) Metrics for Progress Reports;”
(h) Particular Conditions- Part E- Sexual Exploitation and
Abuse (SEA) and/or Sexual Harassment Performance
Declaration for Subcontractors;
Section IX – Particular Conditions (PC) 179

and the list renumbered accordingly.

Sub-Clause 1.6 The last paragraph is replaced with:


Contract Agreement “If the Contractor comprises a JV, the authorised
representative of the JV shall sign the Contract Agreement in
accordance with Sub-Clause 1.14 (Joint and Several
Liability).”

Sub-Clause 1.12 The following is added at the end of the second paragraph:
“The Contractor shall be permitted to disclose information
Confidentiality
required to establish its qualifications to compete for other
projects.”
“or” at the end of (b) is deleted.
“or” at the end of (c) is added.
The following is then added as (d): “is being provided to the
Bank.”

Sub-Clause 1.18 The following Sub-Clause is added after Sub-Clause 1.17:


Inspections & Audit by the “Pursuant to paragraph 2.2 e. of Particular Conditions - Part
Bank C- Fraud and Corruption, the Contractor shall permit and
shall cause its agents (where declared or not),
subcontractors, subconsultants, service providers, suppliers,
and personnel, to permit, the Bank and/or persons appointed
by the Bank to inspect the site and/or the accounts, records
and other documents relating to the procurement process,
selection and/or contract execution, and to have such
accounts, records and other documents audited by auditors
appointed by the Bank. The Contractor’s and its
Subcontractors’ and subconsultants’ attention is drawn to
Sub-Clause 15.8 (Fraud and Corruption) which provides,
inter alia, that acts intended to materially impede the
exercise of the Bank’s inspection and audit rights constitute
a prohibited practice subject to contract termination (as well
as to a determination of ineligibility pursuant to the Bank’s
prevailing sanctions procedures).”

Sub-Clause 2.4 The first paragraph is replaced with:


Employer’s Financial “The Employer shall submit, before the Commencement
Arrangements Date, reasonable evidence that financial arrangements have
been made for financing the Employer’s obligations under
the Contract.”
The following sub-paragraph is added at the end of Sub-
Clause 2.4:
Section IX – Particular Conditions (PC) 180

“In addition, if the Bank has notified to the Borrower that the
Bank has suspended disbursements under its loan, which
finances in whole or in part the execution of the Works, the
Employer shall give notice of such suspension to the
Contractor with detailed particulars, including the date of
such notification, with a copy to the Engineer, within 7 days
of the Borrower having received the suspension notification
from the Bank. If alternative funds will be available in
appropriate currencies to the Employer to continue making
payments to the Contractor beyond a date 60 days after the
date of Bank notification of the suspension, the Employer
shall provide reasonable evidence in its notice of the extent to
which such funds will be available.”

Sub-Clause 2.6 [If Employer- Supplied Materials are listed in the Employer’s
Requirements for the Contractor’s use in the execution of
Employer-Supplied
Works, the following provisions may be added]:
Materials and
Employer’s The following is added after the last paragraph of Sub-Clause
Equipment 2.6:
“The Employer shall supply to the Contractor the Employer-
Supplied Materials listed in the Employer’s Requirements, at
the time(s) stated in the Employer’s Requirements (if not
stated, within the times that shall be required to enable the
Contractor to proceed with execution of the Works in
accordance with the Programme).
When made available by the Employer, the Contractor shall
visually inspect the Employer-Supplied Materials and shall
promptly give a Notice to the Engineer of any shortage,
defect or default in them. Thereafter, the Contractor shall
rectify such shortage, defect or default to the extent
instructed by the Engineer. Such instruction shall be deemed
to have been given under Sub-Clause 13.3.1 [Variation by
Instruction].
After this visual inspection, the Employer-Supplied Materials
shall come under the care, custody and control of the
Contractor. The Contractor’s obligations of inspection, care,
custody, and control shall not relieve the Employer of
liability of any shortage, defect or default not apparent from a
visual inspection.”
[If Employer’s Equipment are listed in the Employer’s
Requirements for the Contractor’s use in the execution of
Works, the following provisions may be added]:
The following is added after the last paragraph of Sub-Clause
2.6:
Section IX – Particular Conditions (PC) 181

“The Employer shall make the Employer’s Equipment listed


in the Employer’s Requirements available to the Contractor
at the time(s) stated in the Employer’s Requirements (if not
stated, within the times that shall be required to enable the
Contractor to proceed with execution of the Works in
accordance with the Programme).
Unless expressly stated otherwise in the Employer’s
Requirements, the Employer’s Equipment shall be provided
for the exclusive use of the Contractor.
When made available by the Employer, the Contractor shall
visually inspect the Employer’s Equipment and shall
promptly give a Notice to the Engineer of any shortage,
defect or default in them. Thereafter, the Contractor shall
rectify such shortage, defect or default to the extent
instructed by the Engineer. Such instruction shall be deemed
to have been given under Sub-Clause 13.3.1 [Variation by
Instruction].
The Contractor shall be responsible for the Employer’s
Equipment while it is under the Contractor’s control and/or
any of the Contractor’s Personnel is operating it, driving it,
directing it, using it, or in control of it.
The Contractor shall not remove from the Site any items of
the Employer’s Equipment without the consent of the
Employer. However, consent shall not be required for
vehicles transporting Goods or Contractor’s personnel to or
from the Site.”
Sub-Clause 2.7
The following new Sub-Clause is added
SEA/SH Conference “The Employer shall organize and run a SEA/SH orientation
conference as soon as possible after the constitution of the
DAAB and prior to the commencement of any physical work.
The SEA/SH orientation conference shall be attended by the
Contractor, its Subcontractors, the Engineer, the DAAB
members and all other relevant persons. The objective of the
SEA/SH orientation conference shall be to ensure a common
understanding of all SEA contractual requirements and
remedies, including those available under Sub-Clause 21.9
[SEA/SH Referrals], Sub-Clause 21.10 [Dissatisfaction with
DAAB’s decision of SEA/SH Referrals] and Sub-Clause 21.11
[Bank’s disqualification of the Contractor and its
Subcontractor/s].

Sub-Clause 3.1 The following is added at the end of the first sub-paragraph:
Section IX – Particular Conditions (PC) 182

The Engineer “The Engineer’s staff shall include suitably qualified


engineers and other professionals who are competent to carry
out these duties.”

Sub-Clause 3.2.1 The Engineer shall obtain the consent in writing of the
Employer before taking action under the following Sub-
Engineer’s General Duties
Clauses of these Conditions:
and Authority
(a) Sub-Clause 13.1: Right to vary - instructing a
variation, except;
(i) in an emergency situation as determined by
the Engineer; or
(ii) (if such a Variation would increase the
Accepted Contract Amount by less than the
percentage specified in the Contract Data.
(b) Sub-Clause 13.2 (Value Engineering): stating consent
or otherwise to a value engineering proposal
submitted by the Contractor in accordance with Sub-
Clause 13.2.
Notwithstanding the obligation, as set out above, to obtain
consent in writing, if, in the opinion of the Engineer, an
emergency occurs affecting the safety of life or of the Works
or of adjoining property, it may, without relieving the
Contractor of any of his duties and responsibility under the
Contract, instruct the Contractor to execute all such work or
to do all such things as may, in the opinion of the Engineer,
be necessary to abate or reduce the risk. The Contractor shall
forthwith comply, despite the absence of consent of the
Employer, with any such instruction of the Engineer. The
Engineer shall determine an addition to the Contract Price, in
respect of such instruction, and EOT if any, in accordance with
Clause 13 and shall notify the Contractor accordingly, with a
copy to the Employer.

Sub-Clause 3.3 The following is added at the end of Sub-Clause 3.3:


Engineer’s Representative “The Engineer shall obtain the consent of the Employer
before appointing or replacing an Engineer’s
Representative.”

Sub-Clause 3.4 The following is added at the end of the second paragraph:
Delegation by the Engineer “If any assistants are not fluent in this language, the Engineer
shall make competent interpreters available during all
working hours, in a number sufficient for those assistants to
properly perform their assigned duties and/or exercise their
Section IX – Particular Conditions (PC) 183

delegated authority.”

Sub-Clause 3.6 In the first paragraph, “42 days” is replaced with: “21 days”;
Replacement of the In the third para, “shall” is replaced with: “should”.
Engineer

Sub-Clause 4.1 The following is inserted after the paragraph “The


Contractor shall provide the Plant (and spare parts, if any)
Contractor’s General
…”:
Obligations
“All equipment, material, and services to be incorporated in
or required for the Works shall have their origin in any
eligible source country as defined by the Bank.”
The following is inserted after the paragraph “The
Contractor shall, whenever required by the Engineer...”:
The Contractor shall not carry out mobilization to Site (e.g.
clearance for haul roads, site accesses and work site
establishment, geotechnical investigations or investigations
to select ancillary features such as quarries and borrow pits)
unless the Engineer gives consent, a consent that shall not be
unreasonably delayed, to the measures the Contractor
proposes to manage the environmental and social risks and
impacts, which at a minimum shall include applicable
Management Strategies and Implementation Plans (MSIPs)
and applying the Code of Conduct for Contractor’s
Personnel submitted as part of the Proposal and agreed as
part of the Contract.
The Contractor shall submit, to the Engineer for Review,
any additional MSIPs as are necessary to manage the ES
risks and impacts of ongoing Works (e.g. excavation, earth
works, bridge and structure works, stream and road
diversions, quarrying or extraction of materials, concrete
batching and asphalt manufacture). These MSIPs
collectively comprise the Contractor’s Environmental and
Social Management Plan (C-ESMP). The Contractor shall
review the C-ESMP, periodically (but not less than every six
(6) months), and update it as required to ensure that it
contains measures appropriate to the Works. The updated C-
ESMP shall be submitted to the Engineer for Review.
The C-ESMP shall be part of the Contractor’s Documents.
The procedures for Review of the C-ESMP and its updates
shall be as described in Sub-Clause 5.2.2 [Review by
Engineer].””
The following is added at the end of the Sub-Clause:
Section IX – Particular Conditions (PC) 184

“The Contractor shall provide relevant contract- related


information, as the Employer and/or Engineer may
reasonably request to conduct Stakeholder engagements.
“Stakeholder” refers to individuals or groups who:
(i) are affected or likely to be affected by the Contract;
and
(ii) may have an interest in the Contract.
The Contractor shall also directly participate in
Stakeholder engagements, as the Employer and/or
Engineer may reasonably request.
Pursuant to the Contract Data, the Contractor, including
its Subcontractors/ suppliers/ manufacturers shall take all
technical and organizational measures necessary to protect
the information technology systems and data used in
connection with the Contract. Without limiting the
foregoing, the Contractor, including its Subcontractors/
suppliers/ manufacturers, shall use all reasonable efforts to
establish, maintain, implement and comply with,
reasonable information technology, information security,
cyber security and data protection controls, policies and
procedures, including oversight, access controls,
encryption, technological and physical safeguards and
business continuity/disaster recovery and security plans
that are designed to protect against and prevent breach,
destruction, loss, unauthorized distribution, use, access,
disablement, misappropriation or modification, or other
compromise or misuse of or relating to any information
technology system or data used in connection with the
Contract.”

Sub-Clause 4.2 The first paragraph is replaced with:


Performance Security and “The Contractor shall obtain (at its cost) a Performance
ES Performance Security Security for proper performance and, if applicable, an
Environmental and Social (ES) Performance Security for
compliance with the Contractor’s ES obligations, in the
amounts stated in the Contract Data and denominated in the
currency(ies) of the Contract or in a freely convertible
currency acceptable to the Employer. If amounts are not
stated in the Contract Data, this Sub-Clause shall not apply.”
In the following Sub-Clauses of the General Conditions, the
term “Performance Security” is replaced with: “Performance
Security and, if applicable, an Environmental and Social (ES)
Performance Security”:
Section IX – Particular Conditions (PC) 185

2.1- Right of Access to the Site;


14.2- Advance Payment;
14.6- Issue of IPC;
14.12- Discharge;
14.13- Issue of FPC;
14.14 Cessation of Employer’s Liability;
15.2- Termination for Contractor’s Default;
15.5- Termination for Employer’s Convenience.
Sub-Clause 4.2.1
The first paragraph is replaced with:
Contractor’s
obligations “The Contractor shall deliver the Performance Security and,
if applicable, an ES Performance Security to the Employer
within 28 days after receiving the Letter of Acceptance and
shall send a copy to the Engineer. The Performance Security
shall be issued by a reputable bank or financial institution
selected by the Contractor. The Performance Security shall
be, as stipulated in the Contract Data, and shall be in
accordance with the form included in the request for
proposals documents for the subject contract or in another
form acceptable to the Employer.”
Thereafter, throughout Sub-Clause 4.2 “Performance
Security” is replaced with: “Performance Security and, if
applicable, ES Performance Security.”

Sub-Clause 4.2.2 The first paragraph is replaced in its entirety with: “The
Employer shall not make a claim under the Performance
Claims under the
Security, except for amounts for which the Employer is
Performance Security
entitled under the Contract.”

Sub-Clause 4.2.3 In sub-paragraph (a) “21 days” is replaced with: “28 days”.
Return of Performance
Security

Sub-Clause 4.3 The following is added at the end of the last paragraph: “If
any of these persons is not fluent in this language, the
Contractor’s
Contractor shall make competent interpreters available
Representative
during all working hours in a number deemed sufficient by
the Engineer.”
Section IX – Particular Conditions (PC) 186

Sub-Clause 4.4 The following is added at the beginning of the second


paragraph.
Subcontractors
“The Contractor shall require in all subcontracts relating to
the Works that Subcontractors execute the Works in
accordance with the Contract, including complying with the
relevant ES requirements and the SEA/SH Prevention and
Response Obligations.
All subcontracts relating to the Works shall include a
provision stipulating that the Subcontractor accepts that the
Bank may disqualify the Subcontractor from being awarded
a Bank financed contract for a period of two years if the
Subcontractor is determined to have failed to comply with
its SEA/SH Prevention and Response Obligations.”
The following is added after the first sentence of the fourth
paragraph: “The Contractor’s submission to the Engineer
shall also include such a Subcontractor’s declaration in
accordance with the Particular Conditions- Part E- Sexual
Exploitation and Abuse (SEA) and/or Sexual Harassment
Performance Declaration for Subcontractors.”
The following is added at the end of the last paragraph of
Sub-Clause 4.4:
“All subcontracts relating to the Works shall include
provisions which entitle the Employer to require the
subcontract to be assigned to the Employer under sub-
paragraph (a) of Sub-Clause 15.2.3 [After Termination].
Where practicable, the Contractor shall give fair and
reasonable opportunity for contractors from the Country to
be appointed as Subcontractors.”

Sub-Clause 4.5.1 In sub-paragraph (c):


Objection to “and” is deleted from the end of (i);
nomination “.” at the end of (ii) is replaced with: “, and”.
The following is then added as (iii):
“(iii) be paid only if and when the Contractor has received
from the Employer payments for sums due under the
Subcontract referred to under Sub-Clause 4.5.2 [ Payment to
nominated Subcontractors].”

The following is added after the first paragraph:


“The Contractor shall also, as stated in the Employer’s
Requirements or as instructed by the Engineer, cooperate
Section IX – Particular Conditions (PC) 187

with and allow appropriate opportunities for the Employer’s


Personnel to conduct any environmental and social
assessment.”

Sub-Clause 4.8 The following are included at the end of (g), after deleting
“and” at the end of (f) and replacing “.” at the end of (g)
Health and Safety
with “;”:
Obligations
(h) “provide health and safety training of Contractor’s
Personnel as appropriate and maintain training
records;

(i) actively engage the Contractor’s Personnel in


promoting understanding, and methods for,
implementation of health and safety requirements,
as well as in providing information to
Contractor’s Personnel, and provision of personal
protective equipment without expense to the
Contractor’s Personnel;

(j) put in place workplace processes for Contractor’s


Personnel to report work situations that they
believe are not safe or healthy, and to remove
themselves from a work situation which they have
reasonable justification to believe presents an
imminent and serious danger to their life or
health;

(k) Contractor’s Personnel who remove themselves


from such work situations shall not be required to
return to work until necessary remedial action to
correct the situation has been taken. Contractor’s
Personnel shall not be retaliated against or
otherwise subject to reprisal or negative action for
such reporting or removal;

(l) subject to Sub-Clause 4.6, collaborate with the


entities and Personnel under paragraph (a) , (b)
and (c) of Sub-Clause 4.6, in applying the health
and safety requirements. This is without
prejudice to the responsibility of the relevant
entities for the health and safety of their own
personnel; and

(m)establish and implement a system for regular (not


less than six-monthly) review of health and safety
Section IX – Particular Conditions (PC) 188

performance and the working environment.”


The second and third paragraphs are replaced with the
following:
“Subject to Sub-Clause 4.1,, the Contractor shall submit to
the Engineer for Review a health and safety manual which
has been specifically prepared for the Works, the Site and
other places (if any) where the Contractor intends to execute
the Works. The procedures for Review of the health and
safety manual and its updates shall be as described in Sub-
Clause 5.2 [Contractor’s Documents].
The health and safety manual shall be in addition to any
other similar document required under applicable health and
safety regulations and Laws.
The health and safety manual shall set out all the health and
safety requirements under the Contract,
(a) which shall include at a minimum:
(i) the procedures to establish and maintain a
safe working environment without risk to
health at all workplaces, machinery,
equipment and processes under the control of
the Contractor, including control measures
for chemical, physical and biological
substances and agents;
(ii) details of the training to be provided, records
to be kept;
(iii) the procedures for prevention, preparedness
and response activities to be implemented in
the case of an emergency event (i.e. an
unanticipated incident, arising from both
natural and man-made hazards, typically in
the form of fire, explosions, leaks or spills,
which may occur for a variety of different
reasons including failure to implement
operating procedures that are designed to
prevent their occurrence, extreme weather or
lack of early warning);
(iv) the measures to be taken to avoid or
minimize the potential for community
exposure to water-borne, water-based,
water-related, and vector-borne diseases,
(v) the measures to be implemented to avoid or
minimize the spread of communicable
Section IX – Particular Conditions (PC) 189

diseases (including transfer of Sexually


Transmitted Diseases or Infections (STDs),
such as HIV virus) and non-communicable
diseases associated with the execution of the
Works, taking into consideration
differentiated exposure to and higher
sensitivity of vulnerable groups. This
includes taking measures to avoid or
minimize the transmission of communicable
diseases that may be associated with the
influx of temporary or permanent Contract-
related labour;
(vi) the policies and procedures on the
management and quality of accommodation
and welfare facilities if such accommodation
and welfare facilities are provided by the
Contractor in accordance with Sub-Clause
6.6; and
(b) any other requirements stated in the Employer’s
Requirements.
The paragraph starting with: “In addition to the reporting
requirement of…” is deleted and replaced with the addition
to GC Sub-Clause 4.20 in Sub-Clause 4.20 of the Special
Provisions.

Sub-Clause 4.15 The following is added at the end of Sub-Clause 4.15:


Access Route “The Contractor shall take all necessary safety measures to
avoid the occurrence of incidents and injuries to any third
party associated with the use of, if any, Contractor’s
Equipment on public roads or other public infrastructure.
The Contractor shall monitor and use road safety incidents
and accidents reports to identify negative safety issues, and
establish and implement necessary measures to resolve
them.”

Sub-Clause 4.18 Sub-Clause 4.18 Protection of the Environment is replaced


with:
Protection of the
Environment “The Contractor shall take all necessary measures to:
(a) protect the environment (both on and off the Site);
and
(b) limit damage and nuisance to people and property
resulting from pollution, noise and other results of the
Section IX – Particular Conditions (PC) 190

Contractor’s operations and/ or activities.


The Contractor shall ensure that emissions, surface
discharges, effluent and any other pollutants from the
Contractor’s activities shall exceed neither the values
indicated in the Employer’s Requirements, nor those
prescribed by applicable Laws.
In the event of damage to the environment, property and/or
nuisance to people, on or off Site as a result of the
Contractor’s operations, the Contractor shall agree with the
Engineer the appropriate actions and time scale to remedy, as
practicable, the damaged environment to its former condition.
The Contractor shall implement such remedies at its cost to
the satisfaction of the Engineer.”

Sub-Clause 4.20 “4.20 (g) is replaced with:


Progress Reports “4.20 (g) the Environmental and Social (ES) metrics set out
in Particular Conditions - Part D”.
The following paragraph is added prior to the paragraph
starting with: “However, nothing stated…”: “Unless
otherwise stated in the Contract Data, progress reports shall
include status of compliance to cyber security risks
management, and any foreseeable cyber security risk and
mitigation.”
The following is added at the end of the Sub-Clause:
“In addition to the reporting requirement of this sub-
paragraph (g) of Sub-Clause 4.20 [Progress Reports], and
subject to the specific requirement on handling allegations of
SEA and/or SH in accordance with Sub-Clause 6.27, the
Contractor shall inform the Engineer immediately of any
allegation, incident or accident, which has or is likely to have
a significant adverse effect on the environment, the affected
communities, the public, Employer’s Personnel or
Contractor’s Personnel. This includes, but is not limited to,
any incident or accident causing fatality or serious injury;
significant adverse effects or damage to private property; any
cyber security incidents as specified in the Contract Data; or
any allegation of SEA and/or SH. In case of SEA and/or SH,
while maintaining confidentiality as appropriate, the type of
allegation (sexual exploitation, sexual abuse or sexual
harassment), gender and age of the person who experienced
the alleged incident should be included in the information.
The Contractor, upon becoming aware of the allegation,
incident or accident, shall also immediately inform the
Section IX – Particular Conditions (PC) 191

Engineer of any such incident or accident on the


Subcontractors’ or suppliers’ premises relating to the Works
which has or is likely to have a significant adverse effect on
the environment, the affected communities, the public,
Employer’s Personnel or Contractor’s, its Subcontractors’
and suppliers’ personnel. The notification shall provide
sufficient detail regarding such incidents or accidents. The
Contractor shall provide full details of such incidents or
accidents to the Engineer within the timeframe agreed with
the Engineer.
The Contractor shall require its Subcontractors and suppliers
(other than Subcontractors) to immediately notify the
Contractor of any incidents or accidents referred to in this
Subclause.”

Sub-Clause 4.21 The Sub-Clause is replaced with the following:


Security of the Site “The Contractor shall be responsible for the security of the
Site, and:
(a) for keeping unauthorised persons off the Site;
(b) authorised persons shall be limited to the Contractor’s
Personnel, the Employer’s Personnel, and to any other
personnel identified as authorised personnel
(including the Employer’s other contractors on the
Site), by a Notice from the Employer or the Engineer
to the Contractor.
Subject to Sub-Clause 4.1, the Contractor shall submit for the
Engineer’s No-objection a security management plan that
sets out the security arrangements for the Site.
The Contractor shall (i) conduct appropriate background
checks on any personnel retained to provide security; (ii)
train the security personnel adequately (or determine that
they are properly trained) in the use of force (and where
applicable, firearms), and appropriate conduct towards
Contractor’s Personnel, Employer’s Personnel and affected
communities; and (iii) require the security personnel to act
within the applicable Laws and any requirements set out in
the Employer’s Requirements.
The Contractor shall not permit any use of force by security
personnel in providing security except when used for
preventive and defensive purposes in proportion to the nature
and extent of the threat.
In making security arrangements, the Contractor shall also
comply with any additional requirements stated in the
Section IX – Particular Conditions (PC) 192

Employer’s Requirements.”

Sub-Clause 4.23 The first paragraph is replaced with the following:


Archaeological and “All fossils, coins, articles of value or antiquity, structures,
Geological Findings groups of structures, and other remains or items of
geological, archaeological, paleontological, historical,
architectural or religious interest found on the Site shall be
placed under the care and custody of the Employer. The
Contractor shall:
(a) take all reasonable precautions, including fencing-off
the area or site of the finding, to avoid further
disturbance and prevent Contractor’s Personnel or
other persons from removing or damaging any of
these findings;
(b) train relevant Contractor’s Personnel on appropriate
actions to be taken in the event of such findings; and
(c) implement any other action consistent with the
requirements of the Employer’s Requirements and
relevant Laws.

Sub-Clause 4.26 The following Sub-Clause is added:


Suppliers (other than 4.26.1 Forced Labour
Subcontractors) The Contractor shall take measures to require its suppliers
(other than Subcontractors) not to employ or engage forced
labour including trafficked persons as described in Sub-
Clause 6.21. If forced labour/trafficking cases are identified,
the Contractor shall take measures to require the suppliers to
take appropriate steps to remedy them. Where the supplier
does not remedy the situation, the Contractor shall within a
reasonable period substitute the supplier with a supplier that
is able to manage such risks.
4.26.2 Child labour
The Contractor shall take measures to require its suppliers
(other than Subcontractors) not to employ or engage child
labour as described in Sub-Clause 6.22. If child labour cases
are identified, the Contractor shall take measures to require
the suppliers to take appropriate steps to remedy them.
Where the supplier does not remedy the situation, the
Contractor shall within a reasonable period substitute the
supplier with a supplier that is able to manage such risks.
4.26.3 Serious Safety Issues
The Contractor, including its Subcontractors, shall comply
Section IX – Particular Conditions (PC) 193

with all applicable safety obligations, including as stated in


Sub-Clauses 4.4, 4.8 and 6.7. The Contractor shall also take
measures to require its suppliers (other than Subcontractors)
to adopt procedures and mitigation measures adequate to
address safety issues related to their personnel. If serious
safety issues are identified, the Contractor shall take
measures to require the suppliers to take appropriate steps to
remedy them. Where the supplier does not remedy the
situation, the Contractor shall within a reasonable period
substitute the supplier with a supplier that is able to manage
such risks.
4.26.4 Obtaining natural resource materials in relation to
supplier
The Contractor shall obtain natural resource materials from
suppliers that can demonstrate, through compliance with the
applicable verification and/ or certification requirements, that
obtaining such materials is not contributing to the risk of
significant conversion or significant degradation of natural or
critical habitats such as unsustainably harvested wood
products, gravel or sand extraction from river beds or
beaches.
If a supplier cannot continue to demonstrate that obtaining
such materials is not contributing to the risk of significant
conversion or significant degradation of natural or critical
habitats, the Contractor shall within a reasonable period
substitute the supplier with a supplier that is able to
demonstrate that they are not significantly adversely
impacting the habitats.

Sub-Clause 4.27 The following Sub-Clause is added:


Code of Conduct The Contractor shall have a Code of Conduct for the
Contractor’s Personnel.
The Contractor shall take all necessary measures to ensure
that each Contractor’s Personnel is made aware of the Code
of Conduct including specific behaviors that are prohibited,
and understands the consequences of engaging in such
prohibited behaviors.
These measures include providing instructions and
documentation that can be understood by the Contractor’s
Personnel and seeking to obtain that person’s signature
acknowledging receipt of such instructions and/or
documentation, as appropriate.
The Contractor shall also ensure that the Code of Conduct is
Section IX – Particular Conditions (PC) 194

visibly displayed in multiple locations on the Site and any


other place where the Works will be carried out, as well as in
areas outside the Site accessible to the local community and
project affected people. The posted Code of Conduct shall be
provided in languages comprehensible to Contractor’s
Personnel, Employer’s Personnel and the local community.
The Contractor’s Management Strategy and Implementation
Plans shall include appropriate processes for the Contractor
to verify compliance with these obligations.

Sub-Clause 5.4 The following is added as a second paragraph:


Technical Standards “If so stated in the Employer’s Requirements, the Contractor
and Regulations shall:
(a) take into account climate change considerations in the
design of structural elements of the Works and new
buildings if any; and
(b) apply the concept of universal access to the design
and construction of structures and new buildings if
any (the concept of universal access means
unimpeded access for people of all ages and abilities
in different situations and under various
circumstances.)

Sub-Clause 6.1 The following paragraphs are added at the end of the Sub-
Clause:
Engagement of Staff and
Labour The Contractor shall provide the Contractor’s Personnel
information and documentation that are clear and
understandable regarding their terms and conditions of
employment. The information and documentation shall set
out their rights under relevant labour Laws applicable to the
Contractor’s Personnel (which will include any applicable
collective agreements), including their rights related to hours
of work, wages, overtime, compensation and benefits, as well
as those arising from any requirements in the Employer’s
Requirements. The Contractor’s Personnel shall be informed
when any material changes to their terms or conditions of
employment occur.
“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.”

Sub-Clause 6.2 The following paragraphs are added at the end of the Sub-
Section IX – Particular Conditions (PC) 195

Rates of Wages and Clause:


Conditions of Labour “The Contractor shall inform the Contractor’s Personnel
about:
(a) any deduction to their payment and the conditions of
such deductions in accordance with the applicable
Laws or as stated in the Employer’s Requirements;
and
(b) their liability to pay personal 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.
The Contractor shall perform such duties in regard to such
deductions thereof as may be imposed on him by such Laws.
Where required by applicable Laws or as stated in the
Employer’s Requirements, the Contractor shall provide the
Contractor’s Personnel written notice of termination of
employment and details of severance payments in a timely
manner. The Contractor shall have paid the Contractor’s
Personnel (either directly or where appropriate for their
benefit) all due wages and entitlements including, as
applicable, social security benefits and pension contributions,
on or before the end of their engagement/ employment.”

Sub-Clause 6.5 The following is inserted at the end of the Sub-Clause


Working Hours “The Contractor shall provide the Contractor’s Personnel
annual holiday and sick, maternity and family leave, as
required by applicable Laws or as stated in the Employer’s
Requirements.”

Sub-Clause 6.6 The following is added as the last paragraph:


Facilities for Staff “If stated in the Employer’s Requirements, the Contractor
and Labour shall give access to or provide services that accommodate the
physical, social and cultural needs of the Contractor’s
Personnel. The Contractor shall also provide similar facilities
for the Employer’s Personnel as stated in the Employer’s
Requirements.”

Sub-Clause 6.7 In the second paragraph, “The Contractor” is replaced with:


Health and Safety of “Except as otherwise stated in the Employer’s Requirements,
Personnel the Contractor…”

Sub-Clause 6.9 The Sub-Clause is replaced with:


Section IX – Particular Conditions (PC) 196

Contractor’s Personnel “The Contractor’s Personnel (including Key Personnel, if


any) shall be appropriately qualified, skilled, experienced and
competent in their respective trades or occupations.
The Engineer may require the Contractor to remove (or cause
to be removed) any person employed on the Site or Works,
including the Contractor’s Representative and Key Personnel
(if any), who:
(a) persists in any misconduct or lack of care;
(b) carries out duties incompetently or negligently;
(c) fails to comply with any provision of the Contract;
(d) persists in any conduct which is prejudicial to safety,
health, or the protection of the environment;
(e) based on reasonable evidence, is determined to have
engaged in Fraud and Corruption during the execution
of the Works;
(f) has been recruited from the Employer’s Personnel in
breach of Sub-Clause 6.3 [Recruitment of Persons];
(g) undertakes behaviour which breaches the Code of
Conduct for Contractor’s Personnel (ES).
If appropriate, the Contractor shall then promptly appoint (or
cause to be appointed) a suitable replacement with equivalent
skills and experience. In the case of replacement of the
Contractor’s Representative, Sub-Clause 4.3 [Contractor’s
Representative] shall apply. In the case of replacement of
Key Personnel (if any), Sub-Clause 6.12 [Key Personnel]
shall apply.
Subject to the requirements in Sub-Clause 4.3 [Contractor’s
Representative] and 6.12 [Key Personnel], and
notwithstanding any requirement from the Engineer to
remove or cause to remove any person, the Contractor shall
take immediate action as appropriate in response to any
violation of (a) through (g) above. Such immediate action
shall include removing (or causing to be removed) from the
Site or other places where the Works are being carried out,
any Contractor’s Personnel who engages in (a), (b), (c), (d),
(e) or (g) above or has been recruited as stated in (f) above.”

Sub-Clause 6.12 The following is inserted at the end of the last paragraph:
Key Personnel “If any of the Key Personnel are not fluent in this language,
the Contractor shall make competent interpreters available
during all working hours in a number deemed sufficient by
Section IX – Particular Conditions (PC) 197

the Engineer.”

The following Sub-Clauses 6.13 to 6.28 are added after Sub-clause 6.12

Sub-Clause 6.13 The Contractor may bring into the Country any foreign
personnel who are necessary for the execution of the Works
Foreign Personnel
to the extent allowed by the 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 its 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.

Sub-Clause 6.14 The Contractor shall arrange for the provision of a sufficient
supply of suitable food as may be stated in the Employer’s
Supply of Foodstuffs
Requirements at reasonable prices for the Contractor’s
Personnel for the purposes of or in connection with the
Contract.

Sub-Clause 6.15 The Contractor shall, having regard to local conditions,


provide on the Site an adequate supply of drinking and other
Supply of Water
water for the use of the Contractor’s Personnel.

Sub-Clause 6.16 The Contractor shall at all times take the necessary
precautions to protect the Contractor’s Personnel employed
Measures against Insect
on the Site from insect and pest nuisance, and to reduce the
and Pest Nuisance
danger to their health. The Contractor shall comply with all
the regulations of the local health authorities, including use
of appropriate insecticide.

Sub-Clause 6.17 The Contractor shall not, otherwise than in accordance with
the Laws of the Country, import, sell, give, barter or
Alcoholic Liquor or Drugs
otherwise dispose of any alcoholic liquor or drugs, or permit
or allow importation, sale, gift, barter or disposal thereto by
Contractor’s Personnel.

Sub-Clause 6.18 The Contractor shall not give, barter, or otherwise dispose of,
to any person, any arms or ammunition of any kind, or allow
Arms and Ammunition
Contractor’s Personnel to do so.
Section IX – Particular Conditions (PC) 198

Sub-Clause 6.19 The Contractor shall respect the Country’s recognized


festivals, days of rest and religious or other customs.
Festivals and Religious
Customs

Sub-Clause 6.20 The Contractor shall be responsible, to the extent required by


local regulations, for making any funeral arrangements for
Funeral Arrangements
any of its local employees who may die while engaged upon
the Works.

Sub-Clause 6.21 The Contractor, including its Subcontractors, shall not


employ or engage forced labour. Forced labour consists of
Forced Labour
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.
No persons shall be employed or engaged who have been
subject to trafficking. Trafficking in persons is defined as the
recruitment, transportation, transfer, harbouring or receipt of
persons by means of the threat or use of force or other forms
of coercion, abduction, fraud, deception, abuse of power, or
of a position of vulnerability, or of the giving or receiving of
payments or benefits to achieve the consent of a person
having control over another person, for the purposes of
exploitation.

Sub-Clause 6.22 The Contractor, including its Subcontractors, shall not


employ or engage a child under the age of 14 unless the
Child Labour
national law specifies a higher age (the minimum age).
The Contractor, including its Subcontractors, shall not
employ a child between the minimum age and the age of 18
in a manner that 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.
The Contractor including its Subcontractors, shall only
employ children between the minimum age and the age of 18
after an appropriate risk assessment has been conducted by
the Contractor with the Engineer’s consent. The Contractor
shall be subject to regular monitoring by the Engineer that
includes monitoring of health, working conditions and hours
of work.
Work considered hazardous for children is work that, by its
nature or the circumstances in which it is carried out, is likely
to jeopardize the health, safety, or morals of children. Such
Section IX – Particular Conditions (PC) 199

work activities prohibited for children include work:


(a) with exposure to physical, psychological or sexual
abuse;
(b) underground, underwater, working at heights or in
confined spaces;
(c) with dangerous machinery, equipment or tools, or
involving handling or transport of heavy loads;
(d) in unhealthy environments exposing children to
hazardous substances, agents, or processes, or to
temperatures, noise or vibration damaging to health;
or
(e) under difficult conditions such as work for long
hours, during the night or in confinement on the
premises of the employer.

Sub-Clause 6.23 The Contractor shall keep complete and accurate records of
the employment of labour at the Site. The records shall
Employment Records of
include the names, ages, genders, hours worked and wages
Workers
paid to all workers. These records shall be summarised 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 [Contractor’s Records].

Sub-Clause 6.24 In countries where the relevant labour laws recognise


workers’ rights to form and to join workers’ organisations of
Workers’ Organisations
their choosing and to bargain collectively without
interference, the Contractor shall comply with such laws. In
such circumstances, the role of legally established workers’
organizations and legitimate workers’ representatives will be
respected, and they will be provided with information needed
for meaningful negotiation in a timely manner. 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. The Contractor shall not seek to influence or
control these alternative means. The Contractor shall not
discriminate or retaliate against the Contractor’s Personnel
who participate, or seek to participate, in such organisations
and collective bargaining or alternative mechanisms.
Workers’ organisations are expected to fairly represent the
workers in the workforce.

Sub-Clause 6.25 The Contractor shall not make decisions relating to the
Section IX – Particular Conditions (PC) 200

Non-Discrimination and employment or treatment of Contractor’s Personnel on the


Equal Opportunity basis of personal characteristics unrelated to inherent job
requirements. The Contractor shall base the employment of
Contractor’s Personnel on the principle of equal opportunity
and fair treatment, and shall not discriminate with respect to
any aspects of the employment relationship, including
recruitment and hiring, compensation (including wages and
benefits), working conditions and terms of employment,
access to training, job assignment, promotion, termination of
employment or retirement, and disciplinary practices.
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. The Contractor shall provide protection and
assistance as necessary to ensure nondiscrimination and equal
opportunity, including for specific groups such as women,
people with disabilities, migrant workers and children (of
working age in accordance with Sub-Clause 6.22).

Sub-Clause 6.26 The Contractor shall have a grievance mechanism for


Contractor’s Personnel, and where relevant the workers’
Contractor’s Personnel
organizations stated in Sub-Clause 6.24, to raise workplace
Grievance Mechanism
concerns (other than those relating to SEA and/or SH, which
shall be addressed under Sub-Clause 6.27 below). The
grievance mechanism shall be proportionate to the nature,
scale, risks and impacts of the Contract. The mechanism shall
address concerns promptly, using an understandable and
transparent process that provides timely feedback to those
concerned in a language they understand, without any
retribution, and shall operate in an independent and objective
manner.
The Contractor’s Personnel shall be informed of the
grievance mechanism at the time of engagement for the
Contract, and the measures put in place to protect them
against any reprisal for its use. Measures will be put in place
to make the grievance mechanism easily accessible to all
Contractor’s Personnel.
The grievance mechanism shall not impede access to other
judicial or administrative remedies that might be available, or
substitute for grievance mechanisms provided through
collective agreements.
The grievance mechanism may utilize existing grievance
mechanisms, providing that they are properly designed and
implemented, address concerns promptly, and are readily
Section IX – Particular Conditions (PC) 201

accessible to Contractor’s Personnel. Existing grievance


mechanisms may be supplemented as needed with Contract-
specific arrangements.

Sub-Clause 6.27 6.27.1 The Contractor’s SEA/SH Response Mechanism


The Contractor shall put in place an effective mechanism for
Contractor’s SEA/SH
receiving and promptly addressing allegations of SEA
Response
and/or SH from the Contractor’s or Employer’s Personnel or
Mechanism; Receipt
any other person including third parties (“SEA/SH Response
of SEA/SH
Mechanism”).
allegations; and
Contractor’s and The Contractor’s Personnel shall be informed of the
non-compliance SEA/SH Response Mechanism at the time of engagement
for the Contract and informed of the measures put in place to
protect them against any reprisal for its use. For all other
persons (including the Employer’s Personnel and affected
communities), information about this SEA/SH Response
Mechanism, including how to submit an allegation or
concern and also measures protecting against reprisal, shall
be displayed, in languages comprehensible to the
Contractor’s Personnel, Employer’s Personnel, and the
affected communities, in locations easily accessible to them.
The SEA/SH Response Mechanism shall permit allegations
or concerns to be submitted in writing, in person or by
phone, with appropriate provision for confidential treatment,
and shall permit the submission of anonymous allegations.
The Contractor shall have in place a dedicated person with
appropriate skills, experience and training to receive and
review such allegations or concerns.
As part of the SEA/SH Response Mechanism, the Contractor
shall maintain and implement ethical and safe processes for
investigating and addressing allegations of SEA and/or SH.
These measures should identify appropriate responses to SEA
and/or SH allegations, including the actions set forth in Sub-
Clause 6.9, and other appropriate disciplinary measures in the
case of the Contractor’s Personnel.

6.27.2 Receipt of SEA/SH allegations


Any allegation of SEA and/or SH received by the Contractor
(including through its Subcontractor/s), the Employer or the
Engineer shall be documented and promptly submitted to the
other two parties. While maintaining confidentiality of the
person who experienced the alleged incident, as appropriate,
the documentation and submission should include the type of
alleged incident (sexual exploitation, sexual abuse or sexual
Section IX – Particular Conditions (PC) 202

harassment), gender and age of the person who experienced


the alleged incident.
Upon receipt of any SEA and/or SH allegation as described
above, the Contractor shall immediately apply its the
SEA/SH Response Mechanism, as described in Sub-Clause
6.27.1, to review and address the allegation or concern.
The Employer shall promptly refer the allegation to the
DAAB pursuant to Sub-Clause 21.9 [“SEA/SH Referral”].

6.27.3 Contractor’s non-compliance with SEA/SH


contractual obligations
If the Engineer identifies that the Contractor, including its
Subcontractor/s, has not complied with the SEA/SH
Prevention and Response Obligations under the Contract, the
Engineer shall give a Notice to Correct to the Contractor in
accordance with Sub-Clause 15.1, copied to the Employer
and the DAAB. If the Contractor fails to comply with the
Notice to Correct, the Engineer shall immediately notify the
Employer and the Contractor. Upon receipt of such a
notification, the Employer shall refer the non-compliance to
the DAAB for its review and decision pursuant to Sub-Clause
21.9 [“SEA/SH Referral”].
If a DAAB report, prepared in accordance with Rule 3.10 of
the DAAB Procedural Rules, identifies potential non-
compliance of the Contractor, including its Subcontractor/s,
with the SEA/SH Prevention and Response Obligations, the
Engineer shall review the potential non-compliance and
determine whether a Notice to Correct shall be issued to the
Contractor. If the Engineer determines that a Notice to
Correct shall not be given to the Contractor, the Engineer
shall inform the Employer copying the DAAB, providing the
basis for its determination. If the Engineer, however,
determines that a Notice to Correct shall be given to the
Contractor, the Engineer shall give a Notice to Correct to the
Contractor in accordance with Sub-Clause 15.1, copied to the
Employer and the DAAB. If the Contractor fails to comply
with the Notice to Correct, the Engineer shall immediately
notify the Employer and the Contractor. Upon receipt of such
a notification, the Employer shall refer the non-compliance to
the DAAB for its review and decision pursuant to Sub-Clause
21.9 [“SEA/SH Referral”].

Sub-Clause 6.28 The Contractor shall provide appropriate training to relevant


Contractor’s Personnel on ES aspects of the Contract,
Section IX – Particular Conditions (PC) 203

Training of including appropriate sensitization on prohibition of SEA and


Contractor’s health and safety training referred to in Sub-Clause 4.8
Personnel As stated in the Employer’s Requirements or as instructed by
the Engineer, the Contractor shall also allow appropriate
opportunities for the relevant Contractor’s Personnel to be
trained on ES aspects of the Contract by the Employer’s
Personnel.
The Contractor shall provide training on SEA, including its
prevention, to any of its personnel who has a role to
supervise other Contractor’s Personnel.

Sub-Clause 7.3 The following is added in the first paragraph after


Inspection “Employer’s Personnel” “(including the Bank staff or
consultants acting on the Bank’s behalf, stakeholders and
third parties, such as independent experts, local communities,
or non-governmental organizations)”
The following is added as (b) (iv):
“(iv) carryout environmental and social audit, and”

Sub-Clause 7.7 The following is added before the first paragraph:


Ownership of Plant “Except as otherwise provided in the Contract,”
and Materials

Sub-Clause 8.1 The Sub- Clause is replaced in its entirety with the following:
Commencement of Work “The Engineer shall give a Notice to the Contractor stating
the Commencement Date, not less than 14 days before the
Commencement Date.
The Notice shall be issued promptly after the Engineer
determines the fulfilment of the following conditions:
(a) signature of the Contract Agreement by both Parties,
and if required, approval of the Contract by relevant
authorities of the Country;
(b) delivery to the Contractor of reasonable evidence of
the Employer’s financial arrangements (under Sub-
Clause 2.4 [Employer’s Financial Arrangements]);
(c) except if otherwise specified in the Contract Data,
effective access to and possession of the Site given to
the Contractor together with such permission(s) under
(a) of Sub-Clause 1.13 [Compliance with Laws] as
required for the commencement of the Works;
Section IX – Particular Conditions (PC) 204

(d) receipt by the Contractor of the Advance Payment


under Sub-Clause 14.2 [Advance Payment] provided
that the corresponding bank guarantee has been
delivered by the Contractor; and
(e) constitution of the DAAB in accordance with Sub-
Clause 21.1 and Sub-Clause 21.2 as applicable.
Subject to Sub-Clause 4.1 on the Management Strategies and
Implementation Plans and the C-ESMP and Sub-Clause 4.8
on the health and safety manual, the Contractor, shall
commence the execution of the Works as soon as is
reasonably practicable after the Commencement Date, and
shall then proceed with the Works with due expedition and
without delay.”

Sub-Clause 11.7 In the second paragraph, “Whenever the Contractor intends


to access any part of the Works during the relevant DNP:” is
Right of Access after
replaced with:
Taking Over
“Whenever, until the date 28 days after issue of the
Performance Certificate, the Contractor intends to access any
part of the Works:”

Sub-Clause 13.3.1 Subparagraph 13.3.1 (a) is replaced with: “a description of


the varied work performed or to be performed, including
Variation by Instruction
details of the resources and methods adopted or to be adopted
by the Contractor, and sufficient ES information to enable an
evaluation of ES risks and impacts; and if applicable,
sufficient information to enable assessment of cyber security
risks as specified in the Contract Data.”

Sub-Clause 13.4 The following is inserted as the penultimate paragraph:


Provisional Sums “The Provisional Sum shall be used to cover the Employer's
share of the DAAB members’ fees and expenses, in
accordance with Clause 21. No prior instruction of the
Engineer shall be required with respect to the work of the
DAAB. The Contractor shall submit the DAAB members’
invoices and satisfactory evidence of having paid 100% of
such invoices as part of the substantiation of those Statements
submitted under Sub-Clause 14.3.

Sub-Clause 13.6 The following paragraph is added at the end of the Sub-
Clause:
Adjustments for Changes
in Laws “Notwithstanding the foregoing, the Contractor shall not be
entitled to an extension of time if the relevant delay has
Section IX – Particular Conditions (PC) 205

already been taken into account in the determination of a


previous extension of time and such Cost shall not be
separately paid if the same shall already have been taken into
account in the indexing of any inputs to the Table of
Adjustment Data in accordance with the provisions of Sub-
Clause 13.7 [Adjustments for Changes in Cost].”

Sub-Clause 14.1 [Note to the Employer: include one of the following two
alternative texts as applicable]
The Contract Price
The following is added at the end of the Sub-Clause:
[ Alternative 1]
“Notwithstanding the provisions of subparagraph (b),
Contractor's Equipment, including essential spare parts
therefor, imported by the Contractor for the sole purpose of
executing the Contract shall be exempt from the payment of
import duties and taxes upon importation.”
[Alternative 2]
“Notwithstanding the provisions of subparagraph (b),
Contractor's Equipment, including essential spare parts
therefore, imported by the Contractor for the sole purpose of
executing the Contract shall be temporarily exempt from the
payment of import duties and taxes upon initial importation,
provided the Contractor shall post with the customs
authorities at the port of entry an approved export bond or
bank guarantee, valid until the Time for Completion plus six
months, in an amount equal to the full import duties and
taxes which would be payable on the assessed imported
value of such Contractor's Equipment and spare parts, and
callable in the event the Contractor's Equipment is not
exported from the Country on completion of the Contract. A
copy of the bond or bank guarantee endorsed by the customs
authorities shall be provided by the Contractor to the
Employer upon the importation of individual items of
Contractor's Equipment and spare parts. Upon export of
individual items of Contractor's Equipment or spare parts, or
upon the completion of the Contract, the Contractor shall
prepare, for approval by the customs authorities, an
assessment of the residual value of the Contractor's
Equipment and spare part to be exported, based on the
depreciation scale (s) and other criteria used by the customs
authorities for such purposes under the provisions of the
applicable Laws. Import duties and taxes shall be due and
payable to the customs authorities by the Contractor on (a)
the difference between the initial imported value and the
Section IX – Particular Conditions (PC) 206

residual value of the Contractor's Equipment and spare parts


to exported; and (b) on the initial imported value of the
Contractor's Equipment and spare parts remaining in the
Country after completion of the Contract. Upon payment of
such dues within 28 days of being invoiced, the bond or bank
guarantee shall be reduced or released accordingly; otherwise
the security shall be called in the full amount remaining.”

Sub-Clause 14.1 [In accordance with Sub-Clause 13.8 [ Measurement of


Excavation and Lining Works and Adjustemnt of Time for
The Contract Price
Completion and Contract Price], unless otherwise stated in
the Contract, only the Excavation and Lining Works shall be
subject to measurement as described in the Sub-Clause and
stated in Sub-Clause 14.1 [Contract Price].If payment for
any other part of the Works, is to be made on the basis of
measurement, that other part must be defined in the
Contract, and the following text may be added; Otherwise
delete this entire Sub-Clause 14.1 from Part B- Special
Provisions.]
“Any part of the Works which is to be measured shall be
specified in the Contract.
The Engineer shall agree or determine the value of those
parts of the Works which are to be measured, in accordance
with Sub-Clause 3.7 [Agreement or Determination].
Measurement shall be made of the net actual quantities of
those parts notwithstanding local practice.
Whenever the Engineer requires any part of the Works to be
measured on Site. It shall give a Notice to the Contractor of
not less than 7 days, of the part to be measured on the date
on which and place on Site at which the measurement shall
be made. Unless otherwise agreed with the Contarctor, the
measuremnt on Site shall be made on this date and the
Contractor’s Representaive shall:
(a) either attend or send another qualified representative
to assist the Engineer and to endeavour to reach
agreement of the measurement, and
(b) supply any particulars requested by the Engineer.
If the Contractor fails to attend or send a representative at
the time and place stated in the Engineer’s Notice (or
otherwise agreed with the Contractor), the measurement
made by (or on behalf of) the Engineer shall be deemed to
have been made in the Contractor’s presence and the
Contractor shall be deemed to have accepted the
Section IX – Particular Conditions (PC) 207

measuremnt as accurate.
Any part of the Permanent Works that is to be measured
from records shall be identified in the Employer’s
Requirements and, except as otherwise stated in the
Contarct, such records shall be prepared by the Engineer.
Whenever the Engineer has prepared the records of such a
part, it shall give a Notice to the Contarctor of not less than 7
days, stating the date on which and place at which the
Contractor’s Representative shall attend to examine and
agree the records of the Engineer. If the Contractor fails to
attend or send a representaive at the time and place stated in
the Engineer’s Notice ( or otherwise agreed with the
Contarctor), the Contarctor shall be deemed to have
accepted the records as accurate.
If, for any part of the Works, the Contractor attends the
measuremnt on Site or examines the measurement records
(as the case may be) but the Engineer and the Contractor are
unable to agree the measurement, then the Contarctor shall
give a Notice to the Engineer setting out the reasons why the
Contractor considers the measuremnt on Site or records are
inaccurate. If the Contractor does not give such a Notice to
the Engineer within 14 days after attending the measuremnt
on Site or examining the measurement records, the
Contractor shall be deemed to have accepted the
measurement as accurate.
After receiving a Contractor’s Notice under this Sub-Clause,
unless at that time such measuremnt is already subject to the
third paragraph of Sub-Clause 13.3.1 [Variation by
Instruction], the Engineer shall:
(a) proceed under Sub-Clause 3.7 [Agreeement or
Determination] to agree or determine the
measurement; and
(b) For the purpose of Sub-Clause 3.7.3 [Time Limits], the
date on which the Engineer receives the Contractor’s
Notice shall be the date of commencement of the time
limit for agreement under Sub-Clause 3.7.3.
Until such time as the measurement is agreed or determined,
the Engineer shall assess a provisional measurement for the
purposes of Interim Payment Certificates.”

Sub-Clause 14.2.1 The first paragraph is replaced with:


Advance Payment “The Contractor shall obtain (at the Contractor’s cost) an
Section IX – Particular Conditions (PC) 208

Guarantee Advance Payment Guarantee in amounts and currencies


equal to the advance payment and shall submit it to the
Employer with a copy to the Engineer. This guarantee shall
be issued by reputable bank or financial institution selected
by the Contractor and shall be in accordance with the form
included in the request for proposals documents for the
subject contract or in another form acceptable to the
Employer.”

Sub-Clause 14.3 The following is inserted at the end of (vii) after: [Agreement
or Determination]: “and any reimbursement due to the
Application for Interim
Contractor under the Dispute Avoidance/ Adjudication
Payment
Agreement. (Appendix General Conditions of Dispute
Avoidance/ Adjudication Agreement).”

Sub-Clause 14.6.2 “and/or” from subparagraph (b) is deleted.


Withholding (amounts in) The following is then added as subparagraph (c) and sub-
an IPC paragraph (c) of the Sub-Clause is renumbered as (d):
“(c) if the Contractor was, or is, failing to perform any ES
obligations or work under the Contract, the value of
this work or obligation, as determined by the
Engineer, may be withheld until the work or
obligation has been performed, and/or the cost of
rectification or replacement, as determined by the
Engineer, may be withheld until rectification or
replacement has been completed. Failure to perform
includes, but is not limited to the following:
(i) failure to comply with any ES obligations or
work described in the Employer’s Requirements
which may include: working outside site
boundaries, excessive dust, damage to offsite
vegetation, pollution of water courses from oils
or sedimentation, contamination of land e.g.
from oils, human waste, damage to archaeology
or cultural heritage features, air pollution as a
result of unauthorized and/or inefficient
combustion;
(ii) failure to regularly review C-ESMP and/or
update it in a timely manner to address
emerging ES issues, or anticipated risks or
impacts;
(iii) failure to implement the C-ESMP e.g. failure to
provide required training or sensitization;
(iv) failing to have appropriate consents/permits
Section IX – Particular Conditions (PC) 209

prior to undertaking Works or related activities;


(v) failure to submit ES report/s (as described in
Particular Conditions - Part D), or failure to
submit such reports in a timely manner;
(vi) failure to implement remediation as instructed
by the Engineer within the specified timeframe
(e.g., remediation addressing
non-compliance/s).”
The following is added as penultimate paragraph: “As
specified in the Contract Data, if the Contractor fails to
perform its cyber security obligations under the
Contract, an assessed amount, as determined by the
Engineer, may be withheld until the obligation has
been performed.”

Sub-Clause 14.7 At the end of sub-paragraph (b): “and” is replaced with “or”
and the following inserted as (iii):
Payment
“(iii) at a time when the Bank’s loan or credit (from which
part of the payments to the Contractor is being made) is
suspended, the amount shown on any statement
submitted by the Contractor within 14 days after such
statement is submitted, any discrepancy being rectified
in the next payment to the Contractor; and”
At the end of sub-paragraph (c): “.” is replaced with “;” and
the following inserted:
“or, at a time when the Bank’s loan or credit (from which
part of the payments to the Contractor is being made) is
suspended the undisputed amount shown in the Final
Statement within 56 days after the date of notification of
the suspension in accordance with Sub-Clause 16.2
[Termination by Contractor].”

Sub-Clause 14.9 The following is added at the end of Sub-Clause 14.9:


Release of Retention “Unless otherwise stated in the Contract, when the Taking-
Money 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 shall be entitled to substitute
a guarantee, in the form annexed to the Particular Conditions
or in another form approved by the Employer and issued by
a reputable bank or financial institution selected by the
Contractor, for the second half of the Retention Money. The
Contractor shall ensure that the guarantee is in the amounts
and currencies of the second half of the Retention Money
Section IX – Particular Conditions (PC) 210

and is valid and enforceable until the Contractor has


executed and completed the Works and remedied any
defects, as specified for the Performance Security and, if
applicable, an ES Performance Security in Sub-Clause 4.2.
On receipt by the Employer of the required guarantee, the
Engineer shall certify and the Employer shall pay the second
half of the Retention Money. The release of the second half
of the Retention Money against a guarantee shall then be in
lieu of the release after the latest of the expiry dates of the
Defects Notification Periods. The Employer shall return the
guarantee to the Contractor within 21 days after receiving a
copy of the Performance Certificate.
If the Performance Security and, if applicable, an ES
Performance Security required under Sub-Clause 4.2 is in
the form of a demand guarantee, and the amount guaranteed
under them when the Taking-Over Certificate is issued is
more than half of the Retention Money, then the Retention
Money guarantee will not be required. If the amount
guaranteed under the Performance Security and, if
applicable, an ES Performance Security, when the Taking-
Over Certificate is issued is less than half of the Retention
Money, the Retention Money guarantee will only be
required for the difference between half of the Retention
Money and the amount guaranteed under the Performance
Security and, if applicable, an ES Performance Security.”

Sub-Clause 14.15 Throughout Sub-Clause 14.15, “Contract Data” is replaced


with: “Schedule of Payment Currencies”.
Currencies of Payment

Sub-Clause 15.1 “and” is deleted from (b) and


Notice to Correct “.” is replaced with: “; and” in (c).
The following is then added as (d)
“(d) specify the time within which the Contractor shall
respond to the Notice to Correct.”
In the third para., “shall immediately respond” is replaced
with: “shall respond within the time specified in (d)”.
Further, in the third para., “to comply with the time specified
in the Notice to Correct.” is replaced with: “to comply with
the time specified in (c).”

Sub-Clause 15.2.1 Sub-paragraph (h) is replaced with: “based on reasonable


evidence, has engaged in Fraud and Corruption as defined in
Notice
paragraph 2.2 of the Particular Conditions - Part C- Fraud
and Corruption, in competing for or in executing the
Section IX – Particular Conditions (PC) 211

Contract.”

Sub-Clause 15.8 The following new Sub-Clause is added:


Fraud and “15.8.1 The Bank requires compliance with the Bank’s Anti-
Corruption Corruption Guidelines and its prevailing sanctions
policies and procedures as set forth in the Bank’s
Sanctions Framework, as set forth in Particular
Conditions - Part C- Fraud and Corruption.
15.8.2 The Employer requires the Contractor to disclose any
commissions or fees that may have been paid or are
to be paid to agents or any other party with respect to
the request for proposals process or execution of the
Contract. The information disclosed must include at
least the name and address of the agent or other party,
the amount and currency, and the purpose of the
commission, gratuity or fee.”

Sub-Clause 16.1 The following paragraph is inserted after the first paragraph:
Suspension by Contractor “Notwithstanding the above, if the Bank has suspended
disbursements under the loan or credit from which payments
to the Contractor are being made, in whole or in part, for the
execution of the Works, and no alternative funds are
available as provided for in Sub-Clause 2.4 [Employer’s
Financial Arrangements], the Contractor may by notice
suspend work or reduce the rate of work at any time, but not
less than 7 days after the Borrower having received the
suspension notification from the Bank.”

Sub-Clause 16.2.1 Sub-paragraph (j) is deleted in its entirety.


Notice At the end of sub-paragraph (i): “; or” is replaced with: “.”
sub-paragraph (f) is replaced with:
“(f) the Contractor does not receive a Notice of the
Commencement Date under Sub-Clause 8.1 [Commencement
of Works] within 180 days after receiving the Letter of
Acceptance, for reasons not attributable to the Contractor.”

Sub-Clause 16.2.2 The following is added at the end of Sub-Clause 16.2.2:


Termination “In the event the Bank suspends the loan or credit from
which part or whole of the payments to the Contractor are
being made, if the Contractor has not received the sums due
to him upon expiration of the 14 days referred to in Sub-
Clause 14.7 [Payment] for payments under Interim Payment
Certificates, the Contractor may, without prejudice to the
Contractor's entitlement to financing charges under Sub-
Section IX – Particular Conditions (PC) 212

Clause 14.8 [Delayed Payment], take one of the following


actions, namely (i) suspend work or reduce the rate of work
under Sub-Clause 16.1 above, or (ii) terminate the Contract
by giving notice to the Employer, with a copy to the
Engineer, such termination to take effect 14 days after the
giving of the notice.”

Sub-Clause 16.3 [if the Employer has made available any Employer- Supplied
Materials and/or Employer’s Equipment in accordance with
Contractor’s Obligations
Sub-Clause 2.6, include the following:]
After Termination
“and” is deleted from the end of sub-paragraph (b), sub-
paragraph (c) deleted and the following added:
(c) deliver to the Engineer all Employer- Supplied
Materials and/or Employer’s Equipment made
available to the Contractor in accordance with
Sub-Clause 2.6 [Employer-Supplied materials
and Employer’s Equipment]; and
(d) remove all other Goods from the Site, except as
necessary for safety, and leave the Site.”

Sub-Clause 17.1 [ If Employer- Supplied Materials are listed in the


Responsibility for Employer’s Requirements for the Contractor’s use in the
Care of the Works execution of Works, include the following provision. See also
Sub-Clause 2.6 [Employer-Supplied Materials and
Employer’s Equipment]]
After the two instances of “Goods” in the last paragraph, the
following is added: “Employer- Supplied Materials”.
[If Employer’s Equipment are listed in the Employer’s
Requirements for the Contractor’s use in the execution of
Works, include the following provision. See also Sub-Clause
2.6 [Employer-Supplied Materials and Employer’s
Equipment]]
After the two instances of “Goods” in the last paragraph, the
following is added: “, Employer’s Equipment,”.

Sub-Clause 17.7 The following Sub-Clause is added as 17.7:


Use of Employer’s “The Contractor shall take full responsibility for the care of
Accommodation/Facilities the Employer-provided accommodation and facilities, if any,
as detailed in the Employer’s Requirements, from the
respective dates of hand-over to the Contractor until
cessation of occupation (where hand-over or cessation of
occupation may take place after the date stated in the Taking-
Over Certificate for the Works).
Section IX – Particular Conditions (PC) 213

If any loss or damage happens to any of the above items


while the Contractor is responsible for their care arising from
any cause whatsoever other than those for which the
Employer is liable, the Contractor shall, at its own cost,
rectify the loss or damage to the satisfaction of the Engineer.”

Sub-Clause 18.1 Sub-paragraph (c) is substituted with:


Exceptional Events “(c) riot, commotion, disorder or sabotage by persons other
than the Contractor’s Personnel and other employees of
the Contractor and Subcontractors;”

Sub-Clause 18.4 The following is added at the end of sub-paragraph (b) after
deleting the “.”:
Consequences of an
Exceptional Event “, including the costs of rectifying or replacing the Works
and/or Goods damaged or destroyed by Exceptional Events,
to the extent they are not indemnified through the insurance
policy referred to in Sub-Clause 19.2 [ Insurance to be
provided by the Contractor].”

Sub-Clause 18.5 In sub-paragraph (c), “and necessarily” is inserted after


““was reasonably”.
Optional
Termination

Sub-Clause 19.1 The following paragraphs are added after the first:
General “Wherever the Employer is the insuring Party, each insurance
Requirements shall be effected with insurers and in terms acceptable to the
Contractor. These terms shall be consistent with terms (if
any) agreed by both Parties before the date of the Letter of
Acceptance.
This agreement of terms shall take precedence over the
provisions of this Clause."

Sub-Clause 19.2 The following is inserted as the first sentence in Sub-Clause


19.2:
insurance to be provided
by the Contractor “The Contractor shall be entitled to place all insurances
relating to the Contract (including, but not limited to the
insurance referred to in Clause 19) with insurers from any
eligible source country.”

Sub-Clause 19.2.5 The second paragraph is replaced with:


Injury to employees “The Employer and the Engineer shall also be indemnified
under the policy of insurance, against liability for claims,
damages, losses and expenses (including legal fees and
expenses) arising from injury, sickness, disease or death of
Section IX – Particular Conditions (PC) 214

any person employed by the Contractor or any other of the


Contractor’s Personnel, except that this insurance may
exclude losses and claims to the extent that they arise from
any act or neglect of the Employer or of the Employer's
Personnel.”

Sub-Clause 20.1 In a): “any additional payment” is replaced with “payment”.


Claims

Sub-Clause 20.2 The first paragraph is replaced with:


Claims for Payment and/or “If either Party considers that it is entitled to claim under
EOT Sub- clause 20.1[Claims] (a) or (b), the following claim
procedure shall apply:”
The following is added at the end of the first paragraph:
Sub-Clause 21.1
“The DAAB shall also review and decide on any SEA/SH
Constitution of the
Referral submitted to the DAAB pursuant to Sub-Clause
DAAB
6.27.2 [Receipt of SEA/SH allegations] and Sub-Clause
6.27.3 [Contractor’s non-compliance with SEA/SH
contractual obligations], in accordance with Sub-Clause 21.9
[SEA/SH Referrals].
In the second paragraph, at the end of the first sentence after
deleting: “.”, the following is added: “, each of whom shall
meet the criteria set forth in Sub-Clause 3.3 of Appendix-
General Conditions of Dispute Avoidance/ Adjudication
Agreement.”
After the second paragraph insert the following paragraph:
“If the Contract is with a foreign Contractor, the DAAB
members shall not have the same nationality as the Employer
or the Contractor.”

Sub-Clause 21.2 For both (a) and (b): “by the date stated in the first paragraph
of Sub-Clause 21.1 [Constitution of the DAAB]” is replaced
Failure to Appoint
with: “within 42 days from the date the Contract is signed by
DAAB Member (s)
both Parties”.

Sub-Clause 21.6 In the first paragraph, “unless otherwise agreed by both


Parties:” is deleted and replaced with: “ The Parties agree:”
Arbitration

The following new Sub-Clauses 21.9 to 21.11 are added

Sub-Clause 21.9
SEA/SH Referrals pursuant to Sub-Clause 6.27 shall be
SEA/SH Referrals
submitted by the Employer to the DAAB in writing, copied
to the Contractor and the Engineer. For a DAAB of three
Section IX – Particular Conditions (PC) 215

persons, the SEA/SH Referrals shall be deemed to have been


received by the DAAB on the date it is received by the
chairperson of the DAAB.

Upon receipt of a SEA/SH Referral, the DAAB shall request


the Contractor in writing (copied to the Employer and the
Engineer) to submit a statement demonstrating its
compliance, including the compliance of any Subcontractor
identified in the SEA/SH Referral, with the SEA/SH
Prevention and Response Obligations, including the actions
taken in response to a SEA/SH allegation and/or any
Engineer’s Notice to Correct for non-compliance with the
SEA/SH contractual obligations. The Contractor shall within
28 days of receipt of this request, submit in writing such
statement to the DAAB copied to the Employer and the
Engineer.
In reviewing the Referral, the DAAB shall focus exclusively
on compliance of the Contractor, including any
Subcontractor identified in the SEA/SH Referral, with the
SEA/SH Prevention and Response Obligations, including the
actions taken in response to the SEA/SH allegation and/or
any Engineer’s Notice to Correct for non-compliance with
the SEA/SH obligations. The DAAB shall not assess the
merits of an underlying allegation, including the factual
aspects of the alleged SEA and/or SH incident.

The DAAB decision, which shall state that it is issued under


this Sub-Clause 21.9, shall be provided in writing to the
Parties with a copy to the Engineer within 42 days of
receiving the SEA/SH Referral. The decision of the DAAB
taken pursuant to this Sub-Clause 21.9 shall be binding on
the Parties and any of its Subcontractor/s as applicable.
The DAAB decision arising from an allegation of SEA/SH
incident shall state whether the Contractor, including any
Subcontractor identified in the SEA/SH referral, was in
compliance with its SEA/SH obligations at the time of
occurrence of the alleged incident. The DAAB decision shall
not disclose the name of the alleged survivor nor of the
alleged perpetrator.

Sub-Clause 21.10 If either Party is dissatisfied with the DAAB’s decision


issued under Sub-Clause 21.9 [SEA/SH Referrals], such
Dissatisfaction with
Party may give a NOD to the other Party in accordance with
DAAB’s decision on
Sub-Clause 21.4.4 [Dissatisfaction with DAAB’s decision].
SEA/SH Referrals
Sub-Clause 21.5 [Amicable Settlement] shall not apply.
Section IX – Particular Conditions (PC) 216

If the DAAB’s decision has not become final and binding


pursuant to Sub-Clause 21.4.4, the matter shall be finally
settled by arbitration in accordance with Sub-Clause 21.6
[Arbitration].
Where arbitration is conducted pursuant to the ICC
Arbitration Rules, the parties agree that the time limit set in
Article 1.6 of Appendix V to the ICC Arbitration Rules shall
be 10 days from the notification of the Emergency Arbitrator
Order unless the President of the ICC International Court of
Arbitration determines that a longer period is necessary.
Sub-Clause 21.11 The Employer shall immediately notify the Bank of the
DAAB’s decision on SEA/SH Referral, any notification
Bank’s
received on the commencement of Emergency Arbitration,
disqualification of
and the Emergency Arbitrator Order if any.
the Contractor and
its Subcontractor/s If the DAAB determines that the Contractor has failed to
correct identified non-compliance with SEA/SH Prevention
and Response Obligation or it was non-compliant with such
obligations at the time of an alleged incident, the Bank may
disqualify the Contractor, as well as any Subcontractor/s
determined to be non-compliant, from being awarded a Bank-
financed contract unless the ICC Emergency Arbitrator
grants an order in favor of the Contractor. The
disqualification period shall be for two years unless the
Contractors receives an arbitration award in its favor within
the two year period. The Contractor’s disqualification under
this Sub-Clause is without prejudice to the Parties’ rights and
obligations under the Contract.

Appendix- General Conditions of DAAB Agreement

1. Definitions Sub-Clause 1.3 “DAAB Activities” is replaced with Sub-


Clause 1.4 “DAAB Activities” and the subsequent Sub-
Clauses under Clause 1 “Definitions” renumbered:
Sub-Clause 1.4 “DAAB Activities”. At the end, the following
is added: “This also includes handling of SEA/SH Referrals
in accordance with Sub-Clause 21.9 of the Conditions of
Contract.”
In Sub-Clause 1.8 a(i):” authorised representative of the
contractor or of the Employer” is replaced with:
“Contractor’s Representative and authorised representative of
the Employer”

2.General provisions Sub-Clause 2.2 is deleted in its entirety.


Section IX – Particular Conditions (PC) 217

3. Warranties Sub-Clause 3.3 is deleted and replaced with the following:


“When appointing the DAAB Member, each Party relies on
the DAAB Member’s representations, that he/she:
(a) has at least a bachelor’s degree in relevant disciplines
such as law, engineering, construction management or
contract management;
(b) has at least ten years of experience in contract
administration/management and dispute resolution,
out of which at least five years of experience as an
arbitrator or adjudicator in construction-related
disputes;
(c) has received formal training as an adjudicator from an
internationally recognized organization;
(d) has experience and/or is knowledgeable in the type of
work which the Contractor is to carry out under the
Contract;
(e) has experience in the interpretation of construction
and/or engineering contract documents;
(f) has familiarity with the forms of contract published
by FIDIC since 1999, and an understanding of the
dispute resolution procedures contained therein; and
(g) is fluent in the language for communications stated in
the Contract Data (or the language as agreed between
the Parties and the DAAB).”

7. Confidentiality In Sub-Clause 7.3: “or” is deleted after sub-paragraph (b).


and the following sub-paragraphs added:
“(d) is being provided to the Bank”

9. Fees and Expenses In Sub-Clause 9.1 c): “business class or equivalent” is


replaced with: “in less than first class”

In Sub-Clause 9.4: “and air fares” and “other” are deleted


from the first and second sentences respectively.

Annex- DAAB Procedural Rules

Rule 3.3 In 3.3 (b), “140 days” is replaced with: “90 days”.

Rule 3.7 The following is added after the sentence: “The agenda shall include review of
the (i) Contractor’s compliance with the SEA/SH Prevention and Response
Obligations; and (ii) Engineer’s failure to discharge its duties under the Contract
Section IX – Particular Conditions (PC) 218

in this regard, including as specified in Sub-Clause 6.27 of the Contract


Conditions.”

Rule 3.10 The following is added at the end of the paragraph: “The report shall identify
any issue which raises SEA and/or SH concerns, including details of any
potential noncompliance of the Contractor, including its Subcontractor/s, with
the SEA/SH Prevention and Response Obligations.”
The DAAB shall also provide a report to the Employer on any potential failure
of the Engineer to discharge its duties in regard to the SEA/SH Prevention and
Response Obligations, including on identifying the Contractor’s failure to
comply with the obligations, and the Notice to Correct and notification duties in
accordance with Sub-Clause 6.27 of the Contract Conditions.”
Section IX – Particular Conditions (PC) 219

Particular Conditions
Part C- Fraud and Corruption
(Text in this Particular Conditions - Part C shall not be modified)

1. Purpose

1.1 The Bank’s Anti-Corruption Guidelines and this annex apply with respect to
procurement under Bank Investment Project Financing operations.

2. Requirements

2.1 The Bank requires that Borrowers (including beneficiaries of Bank financing);
bidders, consultants, contractors and suppliers; any sub-contractors, sub-consultants,
service providers or suppliers; any agents (whether declared or not); and any of their
personnel, observe the highest standard of ethics during the procurement process,
selection and contract execution of Bank-financed contracts, and refrain from Fraud and
Corruption.

2.2 To this end, the Bank:

a. Defines, for the purposes of this provision, the terms set forth below as follows:

i. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or


indirectly, of anything of value to influence improperly the actions of another
party;

ii. “fraudulent practice” is any act or omission, including misrepresentation, that


knowingly or recklessly misleads, or attempts to mislead, a party to obtain
financial or other benefit or to avoid an obligation;

iii. “collusive practice” is an arrangement between two or more parties designed


to achieve an improper purpose, including to influence improperly the
actions of another party;

iv. “coercive practice” is impairing or harming, or threatening to impair or harm,


directly or indirectly, any party or the property of the party to influence
improperly the actions of a party;

v. “obstructive practice” is:

(a) deliberately destroying, falsifying, altering, or concealing of evidence


material to the investigation or making false statements to investigators
in order to materially impede a Bank investigation into allegations of a
Section IX – Particular Conditions (PC) 220

corrupt, fraudulent, coercive, or collusive practice; and/or threatening,


harass or intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the investigation or from pursuing the
investigation; or

(b) acts intended to materially impede the exercise of the Bank’s inspection
and audit rights provided for under paragraph 2.2 e. below.

b. Rejects a proposal for award if the Bank determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants,
sub-contractors, service providers, suppliers and/ or their employees, has, directly
or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices in competing for the contract in question;

c. In addition to the legal remedies set out in the relevant Legal Agreement, may take
other appropriate actions, including declaring misprocurement, if the Bank
determines at any time that representatives of the Borrower or of a recipient of any
part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive,
or obstructive practices during the procurement process, selection and/or execution
of the contract in question, without the Borrower having taken timely and
appropriate action satisfactory to the Bank to address such practices when they
occur, including by failing to inform the Bank in a timely manner at the time they
knew of the practices;

d. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the
Bank’s prevailing sanctions policies and procedures, may sanction a firm or
individual, either indefinitely or for a stated period of time, including by publicly
declaring such firm or individual ineligible (i) to be awarded or otherwise benefit
from a Bank-financed contract, financially or in any other manner 1; (ii) to be a
nominated 2 sub-contractor, consultant, manufacturer or supplier, or service
provider of an otherwise eligible firm being awarded a Bank-financed contract;
and (iii) to receive the proceeds of any loan made by the Bank or otherwise to
participate further in the preparation or implementation of any Bank-financed
project;

1
For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without
limitation, (i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as
a nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service
provider, in respect of such contract, and (ii) entering into an addendum or amendment introducing a material
modification to any existing contract
2
A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider
(different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in its
pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet
the qualification requirements for the particular bid; or (ii) appointed by the Borrower.
Section IX – Particular Conditions (PC) 221

e. Requires that a clause be included in bidding/request for proposals documents and


in contracts financed by a Bank loan, requiring (i) bidders, consultants, contractors,
and suppliers, and their sub-contractors, sub-consultants, service providers,
suppliers, agents, personnel, permit the Bank to inspect 3 all accounts, records and
other documents relating to the submission of bids and contract performance, and
to have them audited by auditors appointed by the Bank.

3
Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities undertaken by
the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating the
veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such activity includes but is not
limited to: accessing and examining a firm's or individual's financial records and information, and making copies thereof as
relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic format)
deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant
individuals; performing physical inspections and site visits; and obtaining third party verification of information.
Section IX – Particular Conditions (PC) 222

Particular Conditions
Part D- Environmental and Social (ES)
Metrics for Progress Reports
[Note to Employer: the following metrics may be amended to reflect the specifics of the
Contract. The metrics that are required should be determined by the ES risks and
impacts of the Works.]

Metrics for regular reporting:

a. environmental incidents or non-compliances with contract requirements,


including contamination, pollution or damage to ground or water supplies;
b. health and safety incidents, accidents, injuries that require treatment and all
fatalities;
c. interactions with regulators: identify agency, dates, subjects, outcomes (report
the negative if none);
d. status of all permits and agreements:
i. work permits: number required, number received, actions taken for those not
received;
ii. status of permits and consents:
o list areas/facilities with permits required (quarries, asphalt & batch plants),
dates of application, dates issued (actions to follow up if not issued), dates
submitted to resident engineer (or equivalent), status of area (waiting for
permits, working, abandoned without reclamation, decommissioning plan
being implemented, etc.);
o list areas with landowner agreements required (borrow and spoil areas,
camp sites), dates of agreements, dates submitted to resident engineer (or
equivalent);
o identify major activities undertaken in each area in the reporting period
and highlights of environmental and social protection (land clearing,
boundary marking, topsoil salvage, traffic management, decommissioning
planning, decommissioning implementation);
o for quarries: status of relocation and compensation (completed, or details
of activities and current status in the reporting period).
e. health and safety supervision:
i. safety officer: number days worked, number of full inspections & partial
inspections, reports to construction/project management;
ii. number of workers, work hours, metric of PPE use (percentage of workers with
full personal protection equipment (PPE), partial, etc.), worker violations
Section IX – Particular Conditions (PC) 223

observed (by type of violation, PPE or otherwise), warnings given, repeat


warnings given, follow-up actions taken (if any);
f. worker accommodations:
i. number of expats housed in accommodations, number of locals;
ii. date of last inspection, and highlights of inspection including status of
accommodations’ compliance with national and local law and good practice,
including sanitation, space, etc.;
iii. actions taken to recommend/require improved conditions, or to improve
conditions.
g. Health services: provider of health services, information and/or training, location
of clinic, number of non-safety disease or illness treatments and diagnoses (no
names to be provided);
h. gender (for expats and locals separately): number of female workers, percentage
of workforce, gender issues raised and dealt with (cross-reference grievances or
other sections as needed);
i. training:
i. number of new workers, number receiving induction training, dates of
induction training;
ii. number and dates of toolbox talks, number of workers receiving
Occupational Health and Safety (OHS), environmental and social training;
iii. number and dates of communicable diseases (including STDs) sensitization
and/or training, no. workers receiving training (in the reporting period and in
the past); same questions for gender sensitization, flag person training.
iv. number and date of SEA and SH prevention sensitization and/or training
events, including number of workers receiving training on Code of Conduct
for Contractor’s Personnel (in the reporting period and in the past), etc.
j. environmental and social supervision:
i. environmentalist: days worked, areas inspected and numbers of inspections
of each (road section, work camp, accommodations, quarries, borrow areas,
spoil areas, swamps, forest crossings, etc.), highlights of activities/findings
(including violations of environmental and/or social best practices, actions
taken), reports to environmental and/or social specialist/construction/site
management;
ii. sociologist: days worked, number of partial and full site inspections (by area:
road section, work camp, accommodations, quarries, borrow areas, spoil
areas, clinic, HIV/AIDS center, community centers, etc.), highlights of
activities (including violations of environmental and/or social requirements
observed, actions taken), reports to environmental and/or social
specialist/construction/site management; and
Section IX – Particular Conditions (PC) 224

iii. community liaison person(s): days worked (hours community center open),
number of people met, highlights of activities (issues raised, etc.), reports to
environmental and/or social specialist /construction/site management.
k. Grievances: list new grievances (e.g. allegations of SEA and SH) received in the
reporting period and unresolved past grievances by date received, complainant,
how received, to whom referred to for action, resolution and date (if completed),
data resolution reported to complainant, any required follow-up (Cross-reference
other sections as needed):
i. Worker grievances;
ii. Community grievances
l. l. Traffic, road safety and vehicles/equipment:
i. traffic and road safety incidents and accidents involving project vehicles &
equipment: provide date, location, damage, cause, follow-up;
ii. traffic and road safety incidents and accidents involving non-project vehicles
or property (also reported under immediate metrics): provide date, location,
damage, cause, follow-up;
iii. overall condition of vehicles/equipment (subjective judgment by
environmentalist); non-routine repairs and maintenance needed to improve
safety and/or environmental performance (to control smoke, etc.).
m. Environmental mitigations and issues (what has been done):
i. dust: number of working bowsers, number of waterings/day, number of
complaints, warnings given by environmentalist, actions taken to resolve;
highlights of quarry dust control (covers, sprays, operational status); % of
rock/ spoil lorries with covers, actions taken for uncovered vehicles;
ii. erosion control: controls implemented by location, status of water crossings,
environmentalist inspections and results, actions taken to resolve issues,
emergency repairs needed to control erosion/sedimentation;
iii. quarries, borrow areas, spoil areas, asphalt plants, batch plants: identify
major activities undertaken in the reporting period at each, and highlights of
environmental and social protection: land clearing, boundary marking,
topsoil salvage, traffic management, decommissioning planning,
decommissioning implementation;
iv. blasting: number of blasts (and locations), status of implementation of
blasting plan (including notices, evacuations, etc.), incidents of off-site
damage or complaints (cross-reference other sections as needed);
v. spill clean-ups, if any: material spilled, location, amount, actions taken,
material disposal (report all spills that result in water or soil contamination;
vi. waste management: types and quantities generated and managed, including
amount taken offsite (and by whom) or reused/recycled/disposed on-site;
vii. details of tree plantings and other mitigations required undertaken in the
reporting period;
Section IX – Particular Conditions (PC) 225

viii. details of water and swamp protection mitigations required undertaken in the
reporting period.
n. compliance:
i. compliance status for conditions of all relevant consents/permits, for the
Work, including quarries, etc.): statement of compliance or listing of issues
and actions taken (or to be taken) to reach compliance;
ii. compliance status of C-ESMP/ESIP requirements: statement of compliance
or listing of issues and actions taken (or to be taken) to reach compliance
iii. compliance status of SEA and SH prevention and response action plan:
statement of compliance or listing of issues and actions taken (or to be taken)
to reach compliance
iv. compliance status of Health and Safety Management Plan re: statement of
compliance or listing of issues and actions taken (or to be taken) to reach
compliance
v. other unresolved issues from previous reporting periods related to
environmental and social: continued violations, continued failure of
equipment, continued lack of vehicle covers, spills not dealt with, continued
compensation or blasting issues, etc. Cross-reference other sections as
needed
Section IX – Particular Conditions (PC) 226

Particular Conditions
Part E- Sexual Exploitation and Abuse (SEA) and/or Sexual
Harassment Performance Declaration for Subcontractors
[The following table shall be filled in by each subcontractor proposed by the Contractor, that was not named in
the Contract ]
Subcontractor’s Name: [insert full name]
Date: [insert day, month, year]
Contract reference [insert contract reference]
Page [insert page number] of [insert total number] pages

SEA and/or SH Declaration

We:
 (a) have not been subject to disqualification by the Bank for non-compliance with SEA/ SH
obligations.
 (b) are subject to disqualification by the Bank for non-compliance with SEA/ SH obligations.
 (c) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations. An
arbitral award on the disqualification case has been made in our favor.
 (d) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations
for a period of two years. We have subsequently demonstrated that we have adequate capacity
and commitment to comply with SEA /SH obligations.
 (e) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations for
a period of two years. We have attached specific evidence demonstrating that we have adequate
capacity and commitment to comply with SEA and SH obligations.

[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the issues
underlying the disqualification.]

[If (d) or ( e) above are applicable, provide the following information:]

Period of disqualification: From: _______________ To: ________________

If previously provided on another Bank financed works contract, details of evidence that demonstrated
adequate capacity and commitment to comply with SEA/SH obligations (as per (d) above)
Name of Employer: ___________________________________________
Name of Project: _____________________________________
Contract description: _____________________________________________________
Brief summary of evidence provided: ________________________________________
Section IX – Particular Conditions (PC) 227

______________________________________________________________________
Contact Information: (Tel, email, name of contact person): _______________________
______________________________________________________________________

As an alternative to the evidence under (d), other evidence demonstrating adequate capacity and
commitment to comply with SEA/SH obligations (as per (e) above) ) [attach details as appropriate].

___________________________________________________________________________
____________________________________________________________________________

Name of the Subcontractor

Name of the person duly authorized to sign on behalf of the Subcontractor _______

Title of the person signing on behalf of the Subcontractor ______________________

Signature of the person named above ______________________

Date signed ________________________________ day of ___________________, _____

Countersignature of authorized representative of the Contractor:


Signature: ________________________________________________________

Date signed ________________________________ day of ___________________, _____


Section X – Contract Forms 228

SECTION X - CONTRACT FORMS

Table of Forms

Notification of Intention to Award...........................................224


Letter of Acceptance..............................................................230
Contract Agreement...............................................................231
Performance Security – Option 1: Demand Guarantee..............233
Performance Security – Option 2: Performance Bond...............235
Environmental and Social (ES ) Performance Security..............237
Advance Payment Security.....................................................239
Retention Money Security......................................................241
Section X – Contract Forms 229

Notification of Intention to Award


[This Notification of Intention to Award shall be sent to each Proposer that submitted a
Proposal, unless the Proposer has previously received notice of exclusion from the process at
an interim stage of the procurement process.]

[Send this Notification to the Proposer’s Authorized Representative named in the Proposer
Information Form]

For the attention of Proposer’s Authorized Representative


Name: [insert Authorized Representative’s name]
Address: [insert Authorized Representative’s Address]
Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]
Email Address: [insert Authorized Representative’s email address]

[IMPORTANT: insert the date that this Notification is transmitted to all participating
Proposers. The Notification must be sent to all Proposers simultaneously. This means on the
same date and as close to the same time as possible.]

DATE OF TRANSMISSION: This Notification is sent by: [email/fax] on [date] (local time)

Notification of Intention to Award


Employer: [insert the name of the Employer]
Project: [insert name of project]
Contract title: [insert the name of the contract]
Country: [insert country where RFP is issued]
Loan No. /Credit No. / Grant No.: [insert reference number for loan/credit/grant]
RFP No: [insert RFP reference number from Procurement Plan]

This Notification of Intention to Award (Notification) notifies you of our decision to award
the above contract. The transmission of this Notification begins the Standstill Period. During
the Standstill Period you may:

a) request a debriefing in relation to the evaluation of your Proposal, and/or

b) submit a Procurement-related Complaint in relation to the decision to award the


contract.
Section X – Contract Forms 230

1. The successful Proposer

Name: [insert name of successful Proposer]

Address: [insert address of the successful Proposer]

Contract price: [insert contract price of the successful Proposer]

Total combined
[insert the total combined score of the successful Proposer]
score:

2. Other Proposers [INSTRUCTIONS: insert names of all Proposers that submitted a


Proposal, the Proposal price as read out and evaluated, technical and combined scores.]

Name of Technica Proposal Evaluated Combined


Proposer l Score price Proposal Cost Score
(if applicable)

[insert [insert [insert [insert


[insert name] Technical Proposal evaluated combine
score] price] cost] d score]

[insert [insert evaluated


[insert Technical [insert
[insert name] Proposal cost]
score] combined score]
price]

[insert [insert evaluated


[insert Technical [insert
[insert name] Proposal cost]
score] combined score]
price]

[insert [insert evaluated


[insert Technical [insert
[insert name] Proposal cost]
score] combined score]
price]

[insert [insert evaluated


[insert Technical [insert
[insert name] Proposal cost]
score] combined score]
price]

3. Reason/s why your Proposal was unsuccessful [Delete if the combined score already
reveals the reason]

[INSTRUCTIONS: State the reason/s why this Proposer’s Proposal was


unsuccessful. Do NOT include: (a) a point by point comparison with another
Proposer’s Proposal or (b) information that is marked confidential by the Proposer
in its Proposal.]
Section X – Contract Forms 231

4. How to request a debriefing

DEADLINE: The deadline to request a debriefing expires at midnight on [insert


date] (local time).
You may request a debriefing in relation to the results of the evaluation of your
Proposal. If you decide to request a debriefing your written request must be made
within three (3) Business Days of receipt of this Notification of Intention to Award.
Provide the contract name, reference number, name of the Proposer, contact details; and
address the request for debriefing as follows:
Attention: [insert full name of person, if applicable]
Title/position: [insert title/position]
Agency: [insert name of Employer]
Email address: [insert email address]
Fax number: [insert fax number] delete if not used
If your request for a debriefing is received within the 3 Business Days deadline, we will
provide the debriefing within five (5) Business Days of receipt of your request. If we
are unable to provide the debriefing within this period, the Standstill Period shall be
extended by five (5) Business Days after the date that the debriefing is provided. If this
happens, we will notify you and confirm the date that the extended Standstill Period
will end.
The debriefing may be in writing, by phone, video conference call or in person. We
shall promptly advise you in writing how the debriefing will take place and confirm the
date and time.
If the deadline to request a debriefing has expired, you may still request a debriefing. In
this case, we will provide the debriefing as soon as practicable, and normally no later
than fifteen (15) Business Days from the date of publication of the Contract Award
Notice.

5. How to make a complaint

DEADLINE: The deadline for submitting a Procurement-related Complaint


challenging the decision to award the contract expires on midnight, [insert date]
(local time).
Provide the contract name, reference number, name of the Proposer, contact details; and
address the Procurement-related Complaint as follows:
Attention: [insert full name of person, if applicable]
Title/position: [insert title/position]
Agency: [insert name of Employer]
Section X – Contract Forms 232

Email address: [insert email address]


Fax number: [insert fax number] delete if not used
At this point in the procurement process, you may submit a Procurement-related
Complaint challenging the decision to award the contract. You do not need to have
requested, or received, a debriefing before making this complaint. Your complaint must
be submitted within the Standstill Period and received by us before the Standstill Period
ends.
Further information:
For more information, see the “Procurement Regulations for IPF Borrowers
(Procurement Regulations) (Annex III).” You should read these provisions before
preparing and submitting your complaint. In addition, the World Bank’s Guidance
“How to make a Procurement-related Complaint” provides a useful explanation of the
process, as well as a sample letter of complaint.
In summary, there are four essential requirements:
1. You must be an ‘interested party’. In this case, that means a Proposer who
submitted a Proposal in this procurement, and is the recipient of a Notification of
Intention to Award.
2. The complaint can only challenge the decision to award the contract.
3. You must submit the complaint within the deadline stated above.
4. You must include, in your complaint, all of the information required by the
Procurement Regulations (as described in Annex III).

6. Standstill Period

DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local
time).
The Standstill Period lasts ten (10) Business Days after the date of transmission of this
Notification of Intention to Award.
The Standstill Period may be extended. This may happen where we are unable to
provide a debriefing within the five (5) Business Day deadline. If this happens we will
notify you of the extension.

If you have any questions regarding this Notification, please do not hesitate to contact us.

On behalf of the Employer:

Signature: ______________________________________________

Name: ______________________________________________

Title/position: ______________________________________________
Section X – Contract Forms 233

Telephone: ______________________________________________

Email: ______________________________________________

Beneficial Ownership Disclosure Form

INSTRUCTIONS TO PROPOSERS: DELETE THIS BOX ONCE YOU HAVE


COMPLETED THE FORM

This Beneficial Ownership Disclosure Form (“Form”) is to be completed by the


successful Proposer. In case of joint venture, the Proposer must submit a separate Form
for each member. The beneficial ownership information to be submitted in this Form shall
be current as of the date of its submission.

For the purposes of this Form, a Beneficial Owner of a Proposer is any natural person
who ultimately owns or controls the Proposer by meeting one or more of the following
conditions:

 directly or indirectly holding 25% or more of the shares


 directly or indirectly holding 25% or more of the voting rights
 directly or indirectly having the right to appoint a majority of the board of
directors or equivalent governing body of the Proposer

RFP No.: [insert number of RFP process]


Request for Proposal No.: [insert identification]

To: [insert complete name of Employer]

In response to your request in the Letter of Acceptance dated [insert date of letter of
Acceptance] to furnish additional information on beneficial ownership: [select one option as
applicable and delete the options that are not applicable]

(i) we hereby provide the following beneficial ownership information.

Details of beneficial ownership


Identity of Directly or indirectly Directly or Directly or indirectly
Beneficial Owner holding 25% or more indirectly holding having the right to
of the shares 25 % or more of appoint a majority of
the Voting Rights the board of the
(Yes / No) directors or an
(Yes / No) equivalent governing
body of the Proposer
Section X – Contract Forms 234

(Yes / No)

[include full name


(last, middle, first),
nationality, country
of residence]

OR

(ii) We declare that there is no Beneficial Owner meeting one or more of the following
conditions:

 directly or indirectly holding 25% or more of the shares


 directly or indirectly holding 25% or more of the voting rights
 directly or indirectly having the right to appoint a majority of the board of directors or
equivalent governing body of the Proposer

OR

(iii) We declare that we are unable to identify any Beneficial Owner meeting one or more of the
following conditions. [If this option is selected, the Proposer shall provide explanation on why it
is unable to identify any Beneficial Owner]
 directly or indirectly holding 25% or more of the shares
 directly or indirectly holding 25% or more of the voting rights
 directly or indirectly having the right to appoint a majority of the board of directors or
equivalent governing body of the Proposer]”

Name of the Proposer: *[insert complete name of the Proposer]_________

Name of the person duly authorized to sign the Proposal on behalf of the Proposer:
**[insert complete name of person duly authorized to sign the Proposal]___________

Title of the person signing the Proposal: [insert complete title of the person signing the
Proposal]______

Signature of the person named above: [insert signature of person whose name and capacity
are shown above]_____

Date signed [insert date of signing] day of [insert month], [insert year]_____
Section X – Contract Forms 235

*
In the case of the Proposal submitted by a Joint Venture specify the name of the Joint Venture as Proposer. In the
event that the Proposer is a joint venture, each reference to “Proposer” in the Beneficial Ownership Disclosure Form
(including this Introduction thereto) shall be read to refer to the joint venture member.
**
Person signing the Proposal shall have the power of attorney given by the Proposer. The power of attorney shall
be attached with the Proposal Schedules.
Section X – Contract Forms 236

Letter of Acceptance
[letterhead paper of the Employer]

[date]

To: [name and address of the Contractor]

This is to notify you that your Proposal dated [date] for execution of the [name of the Contract
and identification number, as given in the Contract Data] for the Accepted Contract Amount
[amount in numbers and words] [name of currency], as corrected and modified in accordance
with the Instructions to Proposers, is hereby accepted by our Agency.

You are requested to furnish (i) the Performance Security and an Environmental and Social
Performance Security [Delete ES Performance Security if it is not required under the
contract] within 28 days in accordance with the Conditions of Contract, using, for that purpose,
one of the Performance Security Forms and the ES Performance Security Form, [Delete
reference to the ES Performance Security Form if it is not required under the contract] and
(ii) the additional information on beneficial ownership in accordance with ITP 64.1 within eight
(8) Business days using the Beneficial Ownership Disclosure Form, included in Section X,
Contract Forms, of the RFP document.

Authorized Signature:

Name and Title of Signatory:

Name of Agency:

Attachment: Contract Agreement


Section X – Contract Forms 237

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
Proposal by the Contractor for the execution and completion of these Works and the remedying
of any defects therein,

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.

(a) the Letter of Acceptance

(b) the Letter of Proposal

(c) the addenda Nos ________(if any)

(d) the Particular Conditions

(e) the Geotechnical Baseline Report

(f) the General Conditions

(g) the Employer’s Requirements, except for the the Geotechnical Baseline Report, and
the Geotechnical Data Report,

(h) the completed other Schedules, and

(i) the Contractor’s Proposal and any other documents forming part of the Contract
including, but not limited to:

i. Code of Conduct for Contractor’s Personnel (ES);

ii. Sexual Exploitation and Abuse (SEA), and/or Sexual Harassment (SH)
Declaration; and

iii. Geotechnical Data Report.


Section X – Contract Forms 238

3. 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.

4. 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)


Section X – Contract Forms 239

Performance Security – Option 1: Demand Guarantee


[Guarantor letterhead or SWIFT identifier code]

Beneficiary:____________________________________[insert name and Address of Employer]

Date:__________________________________________[Insert date of issue]

PERFORMANCE 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 ________________ (hereinafter called “the Applicant”) has entered
into Contract No. _____________ dated ____________ with the Beneficiary, for the execution
of _____________________ (hereinafter called “the Contract”).

Furthermore, we understand that, according to the conditions of the Contract, a performance


guarantee is required.

At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________ ( ),1 such sum
being payable in the types and proportions of currencies in which the Contract Price is payable,
upon receipt by us of the Beneficiary’s complying 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 to show grounds for your demand or the
sum specified therein.

This guarantee shall expire, no later than the …. Day of ……, 2… 2, and any demand for
payment under it must be received by us at this office indicated above on or before that date.

1 1
The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount specified
in the Letter of Acceptance, less provisional sums, if any, and denominated either in the currency (ies) of the
Contract or a freely convertible currency acceptable to the Beneficiary.
2 2
Insert the date twenty-eight days after the expected completion date as described in GC Clause 11.9. 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.”
Section X – Contract Forms 240

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.

_____________________
[signature(s)]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.
Section X – Contract Forms 241

Performance Security – Option 2: Performance Bond

By this Bond____________________ as Principal (hereinafter called “the Contractor”)


and______________________________________________________________] as Surety
(hereinafter called “the Surety”), are held and firmly bound unto_____________________ ] as
Obligee (hereinafter called “the Employer”) in the amount of __________________, for the
payment of which sum well and truly to be made in the types and proportions of currencies in
which the Contract Price is payable, the Contractor and the Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS the Contractor has entered into a written Agreement with the Employer dated the
day of , 20 , for ___________________ in accordance
with the documents, plans, specifications, and amendments thereto, which to the extent herein
provided for, are by reference made part hereof and are hereinafter referred to as the Contract.

NOW, THEREFORE, the Condition of this Obligation is such that, if the Contractor shall
promptly and faithfully perform the said Contract (including any amendments thereto), then this
obligation shall be null and void; otherwise, it shall remain in full force and effect. Whenever the
Contractor shall be, and declared by the Employer to be, in default under the Contract, the
Employer having performed the Employer’s obligations thereunder, the Surety may promptly
remedy the default, or shall promptly:

(1) complete the Contract in accordance with its terms and conditions; or

(2) obtain a Proposal or Proposals from qualified Proposers for submission to the
Employer for completing the Contract in accordance with its terms and conditions,
and upon determination by the Employer and the Surety of the lowest responsive
Proposer, arrange for a Contract between such Proposer and Employer and make
available as work progresses (even though there should be a default or a succession of
defaults under the Contract or Contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the Balance of the Contract Price;
but not exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term “Balance
of the Contract Price,” as used in this paragraph, shall mean the total amount payable
by Employer to Contractor under the Contract, less the amount properly paid by
Employer to Contractor; or

(3) pay the Employer the amount required by Employer to complete the Contract in
accordance with its terms and conditions up to a total not exceeding the amount of
this Bond.

The Surety shall not be liable for a greater sum than the specified penalty of this Bond.

Any suit under this Bond must be instituted before the expiration of one year from the date of the
issuing of the Taking-Over Certificate.
Section X – Contract Forms 242

No right of action shall accrue on this Bond to or for the use of any person or corporation other
than the Employer named herein or the heirs, executors, administrators, successors, and assigns
of the Employer.

In testimony whereof, the Contractor has hereunto set his hand and affixed his seal, and the
Surety has caused these presents to be sealed with his corporate seal duly attested by the
signature of his legal representative, this day of 20 .

SIGNED ON on behalf of

By in the capacity of

In the presence of

SIGNED ON on behalf of

By in the capacity of

In the presence of
Section X – Contract Forms 243

Environmental and Social (ES ) Performance Security


ES Demand Guarantee
[Guarantor letterhead or SWIFT identifier code]

Beneficiary:____________________________________[insert name and Address of Employer]

Date:__________________________________________[Insert date of issue]

ES PERFORMANCE 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 ________________ (hereinafter called “the Applicant”) has entered
into Contract No. _____________ dated ____________ with the Beneficiary, for the execution
of _____________________ (hereinafter called “the Contract”).

Furthermore, we understand that, according to the conditions of the Contract, a performance


guarantee is required.

At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________ ( ),1 such sum
being payable in the types and proportions of currencies in which the Contract Price is payable,
upon receipt by us of the Beneficiary’s complying 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 Environmental and/or Social
(ES ) obligation(s) under the Contract, without the Beneficiary needing to prove or to show
grounds for your demand or the sum specified therein.

This guarantee shall expire, no later than the …. Day of ……, 2… 2, and any demand for
payment under it must be received by us at this office indicated above on or before that date.

1 1
The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount specified
in the Letter of Acceptance, less provisional sums, if any, and denominated either in the currency (cies) of the
Contract or a freely convertible currency acceptable to the Beneficiary.
2 2
Insert the date twenty-eight days after the expected completion date as described in GC Clause 11.9. 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.”
Section X – Contract Forms 244

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.

_____________________
[signature(s)]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.
Section X – Contract Forms 245

Advance Payment Security


Demand Guarantee
[Guarantor letterhead or SWIFT identifier code]

Beneficiary:____________________________________[insert name and Address of Employer]

Date:__________________________________________[Insert date of issue]

ADVANCE PAYMENT 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 ________________ (hereinafter called “the Applicant”) has entered
into Contract No. _____________ dated ____________ with the Beneficiary, for the execution
of _____________________ (hereinafter called “the Contract”).

Furthermore, we understand that, according to the conditions of the Contract, an advance


payment in the sum ___________ ( ) is to be made against an advance payment guarantee.

At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________ ( ) 1 upon receipt
by us of the Beneficiary’s complying demand supported by the Beneficiary’s statement, whether
in the demand itself or in a separate signed document accompanying or identifying the demand,
stating either that the Applicant:

(b) has used the advance payment for purposes other than the costs of mobilization in
respect of the Works; or

(c) has failed to repay the advance payment in accordance with the Contract conditions,
specifying the amount which the Applicant has failed to repay.

A demand under this guarantee may be presented as from the presentation to the Guarantor of a
certificate from the Beneficiary’s bank stating that the advance payment referred to above has
been credited to the Applicant on its account number ___________ at _________________.

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 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) percent of the
Accepted Contract Amount, less provisional sums, has been certified for payment, or on the ___
1 1
The Guarantor shall insert an amount representing the amount of the advance payment and denominated
either in the currency (ies) of the advance payment as specified in the Contract, or in a freely convertible
currency acceptable to the Employer.
Section X – Contract Forms 246

day of _____, 2___,2 whichever is earlier. Consequently, any demand for payment under this
guarantee must be received by us at this office on or before that date.

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.

____________________
[signature(s)]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.

2 2
Insert the expected expiration date of the Time for Completion. The Employer should note that in the event of
an extension of the time 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.”
Section X – Contract Forms 247

Retention Money Security


Demand Guarantee
[Guarantor letterhead or SWIFT identifier code]

Beneficiary:____________________________________[insert name and Address of Employer]

Date:__________________________________________[Insert date of issue]

RETENTION MONEY 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 of Contractor, which in the case
of a joint venture shall be the name of the joint venture] (hereinafter called “the Applicant”) has
entered into Contract No. _____________ [insert reference number of the contract] dated
____________ with the Beneficiary, for the execution of _____________________ [insert name
of contract and brief description of Works] (hereinafter called “the Contract”).

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 and, if required,
the ES Performance Security] is to be made against a Retention Money guarantee.

At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________ [insert amount
in figures] ( ) [amount in words]1 upon receipt by us of the Beneficiary’s complying 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 your needing to prove or show grounds for your
demand or the sum specified therein.

A demand under this guarantee may be presented as from the presentation to the Guarantor of a
certificate from the Beneficiary’s bank stating that the second half of the Retention Money as
1 1
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 either in the currency(ies) of the second half of
the Retention Money as specified in the Contract, or in a freely convertible currency acceptable to the
Beneficiary.
Section X – Contract Forms 248

referred to above has been credited to the Applicant on its account number ___________ at
_________________ [insert name and address of Applicant’s bank].

This guarantee shall expire no later than the …. Day of ……, 2… 2, and any demand for payment
under it must be received by us at the office indicated above on or before that date.

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.

____________________
[signature(s)]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.

2 2
Insert the same expiry date as set forth in the Performance Security, representing the date twenty-eight days
after the completion date described in GC Clause 11.9. 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.”

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