SPD RFP Underground Works Two Stage SEASH July 2023
SPD RFP Underground Works Two Stage SEASH July 2023
SPD RFP Underground Works Two Stage SEASH July 2023
DOCUMENT
Trial Edition
Request for Proposals
Works
Underground Works
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.
ii
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
iii
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);
(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;
iv
(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
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).
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)]
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
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
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
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.
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
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.
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
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 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
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
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 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
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.]
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 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.
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
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 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
Contents
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.
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
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.
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
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]
.........................................................................................................................................
.........................................................................................................................................
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
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
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]
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
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]
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
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]
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:
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].
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.
[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:
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
[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.]
b: *
c: *
d: *
e: *
Total 1.00
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
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)]
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
2. ---
3. ---
4. ---
5. ---
Activity: _____________________________
2. ………………
3. ………………
4. ………………
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
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).
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:
(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.
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:
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
Subtotal
Allow percent a of Subtotal for Contractor’s overhead,
profit, etc.
Subtotal
Allow percent of Subtotal for Contractor’s overhead,
profit, etc.
Subtotal
Allow percenta of Subtotal for Contractor’s
overhead, profit, etc.
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
etc.
Grand Summary
General Summary Page Amount
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
“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
[ 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
5. Schedule of Baselines
6. Completion Schedule
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
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
The Proposer shall initial and submit the Code of Conduct form as part of its proposal.
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
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.
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.
Signature: __________________________________________________________
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:
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
Name of Proposer
Professional qualifications:
Academic qualifications:
Details
Address of employer:
Fax:
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]
Signature: __________________________________________________________________
Signature: __________________________________________________________________
Qualification Forms
Form CON – 2
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]
Form CON – 4
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 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
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.
2.
3.
4.
5.
etc.
Section IV – Proposal Forms
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
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 person duly authorized to sign the Proposal on behalf of the Proposer**
[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
To:
(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 person duly authorized to sign the Proposal on behalf of the 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
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
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
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:
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”.
(a) appropriate ES assessment and risk mitigation ( see Environmental and Social (ES)
requirements sub-section in this Section VII);
(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.
(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.
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.
Sub-Clause
No. Sub-Clause Remarks
1.8 Care and Supply of Documents
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.
Sub-Clause
No. Sub-Clause Remarks
12.1 Procedure for Tests after Completion
13.1 Right to Vary
[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
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.
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
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
Emerald Book:
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.
E-mail: [email protected]
www.fidic.org
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
Time for the Parties to sign a 1.6 28 days after receipt of the Letter of
Contract Agreement Acceptance
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
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”]
Period for notification of errors 4.7.2 ___________ days “[state number of days,
in the items of reference normally not less than 28 days]”
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”.]
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.]
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]]
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 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]
Time for appointment of DAAB 21.1 42 days after signature by both parties of the
member(s) Contract Agreement
*These percentages shall also be applied to each half of the Retention Money under Sub-Clause 14.9
Maximum amount of Delay damages for Milestones (percent of final Contract Price): ____%
Section IX – Particular Conditions (PC) 175
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 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 1.5 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
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.”
“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
Sub-Clause 3.1 The following is added at the end of the first sub-paragraph:
Section IX – Particular Conditions (PC) 182
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 3.4 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 4.2.2 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 4.8 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;
Employer’s Requirements.”
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
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 6.16 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 6.23 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 6.25 The Contractor shall not make decisions relating to the
Section IX – Particular Conditions (PC) 200
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
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
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
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 14.3 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 14.7 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].”
Contract.”
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 16.3 [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 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 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 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 21.9
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
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
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.
a. Defines, for the purposes of this provision, the terms set forth below as follows:
(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
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.]
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
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 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 person duly authorized to sign on behalf of the Subcontractor _______
Table of Forms
[Send this Notification to the Proposer’s Authorized Representative named in the Proposer
Information Form]
[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)
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:
Total combined
[insert the total combined score of the successful Proposer]
score:
3. Reason/s why your Proposal was unsuccessful [Delete if the combined score already
reveals the reason]
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.
Signature: ______________________________________________
Name: ______________________________________________
Title/position: ______________________________________________
Section X – Contract Forms 233
Telephone: ______________________________________________
Email: ______________________________________________
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:
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]
(Yes / No)
OR
(ii) We declare that there is no Beneficial Owner meeting one or more of the following
conditions:
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 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]
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 of Agency:
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:
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.
(g) the Employer’s Requirements, except for the the Geotechnical Baseline Report, and
the Geotechnical Data Report,
(i) the Contractor’s Proposal and any other documents forming part of the Contract
including, but not limited to:
ii. Sexual Exploitation and Abuse (SEA), and/or Sexual Harassment (SH)
Declaration; and
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.
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”).
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
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
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”).
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
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”).
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
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.”