Project:P175768-Benin Vocational Education and Entrepreneurship for Jobs Project
Loan/Credit/TF Info:IDA-D9450
Bid/Contract Reference No:BJ-ADSC-511070-CS-CDS
Procurement Method:CDS-Slection de consultants par entente directe
Scope of Contract:Recrutement d'un.e charge de programme pour la mise en uvre dun programme dincubation ddie aux talents mergents et startups en dmarrage du secteur de la mode et du textile. (h/f)
Notice Version No:0
REQUEST FOR EXPRESSIONS OF INTEREST (REOI)
(CONSULTING SERVICES)
Firms Selection
Climate Resilience and Agriculture Development Project in Albania
Project ID Number: P178715
IBRD Loan Number: 94890
Assignment Title: “Technical Assistance for the Review of the Existing Feasibility Study, Preparation of Environmental and Social Requirements, Detailed Design, and Construction Supervision for the Residues and Contaminants Laboratory of the Institute of Food Safety and Veterinary (ISUV)”
Reference: AL-MARD-560510-CS-CQS
The World Bank is assisting the Government of Albania (GoA) with the financing of the Climate Resilience and Agriculture Development project (CRAD). This project aims to increase competitiveness and climate resilience of priority agri-food value chains focusing on (i) promoting climate smart and resilient value chains, (ii) promoting typical products and value addition (iii) developing Climate Smart Agriculture (CSA) IT Platform (iv) modernizing selected irrigation and drainage schemes for high-value agricultural production (v) enhancing compliance with food safety and quality standards and (vi) strengthening evidence-based decision making for resilience and sustainable agri-food systems.
The Ministry of Agriculture and Rural Development (MARD) seeks the consulting services of a qualified consulting firm/consortium to provide Technical Assistance for the Review of the Existing Feasibility Study, Preparation of Environmental and Social Requirements, Detailed Design, and Construction Supervision for the Residues and Contaminants Laboratory of the Institute of Food Safety and Veterinary (ISUV).
The Consultant will be responsible for providing qualified professional and supporting staff and all necessary services required for the efficient cost effective and timely execution of the Consultancy Services.
SCOPE OF SERVICES
The Consultant shall provide all professional services necessary for the successful implementation of the assignment from project inception through the completion of rehabilitation works, testing, commissioning, final handover and completion of the Defects Notification Period (where applicable).
The services shall include, but not necessarily be limited to, the following Tasks.
Task 1 – Review and Update of the Existing Feasibility Study
The Consultant shall undertake a comprehensive review and validation of the existing Feasibility Study to confirm that the proposed public investment remains technically, functionally, operationally, environmentally and institutionally justified and that the existing ISUV building is suitable for rehabilitation and adaptation into a Residues and Contaminants Laboratory.
Where deficiencies, inconsistencies or outdated assumptions are identified, the Consultant shall update the Feasibility Study and recommend the most appropriate technical solutions prior to commencement of the detailed engineering design.
Task 2 – Site Assessment and Confirmation of Design Criteria
Following the approval of the updated Feasibility Study, the Consultant shall undertake all necessary investigations, surveys and technical assessments required to establish a reliable basis for the detailed engineering design.
The purpose of this task is to verify the physical, structural, legal and technical conditions of the existing ISUV facility and confirm that all engineering design assumptions are based on accurate and up-to-date information.
The Consultant shall review all available information and, where necessary, undertake additional investigations to verify existing conditions and identify any constraints that may affect the rehabilitation and adaptation of the laboratory facility.
The scope of this task shall include, but not necessarily be limited to, the following activities:
Site and Building Assessment
Engineering Infrastructure Assessment
Utility and Operational Assessment
Site Constraints and Risks
Confirmation of Design Criteria
Task 3 – Laboratory Functional Programming and Operational Planning
The Consultant shall, in close collaboration with MARD and ISUV, develop and validate the Laboratory Functional Programme, which shall constitute the technical basis for the detailed engineering design of the Residues and Contaminants Laboratory.
The Laboratory Functional Programme shall be developed based on the analytical scope, operational requirements and future development objectives defined by ISUV. The Consultant shall review these requirements, verify their technical feasibility and, where appropriate, recommend improvements or alternative solutions to enhance laboratory functionality, operational efficiency, flexibility and long-term sustainability.
The Functional Programme shall establish the operational concept of the laboratory and define the functional relationships between all laboratory areas, engineering systems and future laboratory equipment.
The scope of this task shall include, but not necessarily be limited to, the following activities:
Laboratory Functions and Operational Requirements
Functional Planning
Laboratory Workflows
Laboratory Engineering Requirements
Laboratory Compliance
Deliverables
Task 4 – Laboratory Equipment Planning
The Consultant shall, in close cooperation with MARD and ISUV, prepare a comprehensive Laboratory Equipment Plan to support the future procurement, installation and operation of the Residues and Contaminants Laboratory.
The laboratory analytical scope, testing methodologies and operational requirements shall be defined by ISUV. Based on these requirements, the Consultant shall review, validate and optimize the proposed equipment needs and prepare a comprehensive equipment planning package fully coordinated with the approved Laboratory Functional Programme and the detailed engineering design.
The Laboratory Equipment Plan shall not include procurement of laboratory equipment but shall establish all technical, functional and infrastructure requirements necessary for the future acquisition and installation of laboratory equipment.
The scope of this task shall include, but not necessarily be limited to, the following activities:
Equipment Planning
Equipment Technical Requirements
Infrastructure Coordination
Equipment Layout Coordination
Deliverable
Task 5 – Environmental and Social Requirements
The Consultant shall prepare all environmental and social documentation required under the World Bank Environmental and Social Framework (ESF), the Environmental and Social Commitment Plan (ESCP), applicable Albanian legislation and any other regulatory requirements relevant to the Project.
Environmental and social considerations shall be integrated into all stages of the assignment, including feasibility review, engineering design, procurement documentation, construction supervision and commissioning.
The E&S instruments shall cover both the construction phase and, where relevant, the operational phase of the laboratory, and shall clearly define responsibilities for MARD, ISUV, the Contractor and the Supervision Consultant.
The Consultant shall undertake all necessary environmental and social assessments and prepare, update or support the preparation of the required instruments, as determined by the Project's environmental and social risk classification and applicable Environmental and Social Standards (ESSs).
Task 6 – Detailed Engineering Design and Regulatory Compliance
Following approval of the Review of the Feasibility Study, Design Criteria, Laboratory Functional Programme and Laboratory Equipment Plan, the Consultant shall prepare a complete multidisciplinary Detailed Engineering Design suitable for procurement, construction and operation of the laboratory.
The Detailed Engineering Design shall be developed on the basis of the findings, recommendations and approved technical solutions identified in the updated Feasibility Study, the approved Design Criteria, the Laboratory Functional Programme and the Laboratory Equipment Plan. During the design stage, the Consultant shall further develop, optimize and coordinate these solutions to ensure technical feasibility, operational functionality, sustainability, regulatory compliance, cost-effectiveness and value for money
Where the approved the Review of the Feasibility Study confirms the technical and economic feasibility of rooftop photovoltaic systems, the Consultant shall prepare the complete engineering design of the photovoltaic installation, including structural assessment of the roof, electrical integration with the building electrical system, protection and monitoring systems, technical specifications, drawings, Bills of Quantities and cost estimates
Task 7 – Preparation of Procurement Documents and Procurement Support
The Consultant shall prepare a complete procurement package in accordance with the World Bank Procurement Regulations for IPF Borrowers and the applicable Standard Procurement Documents (SPDs).
Task 8 – Construction Supervision
The Consultant shall provide full-time construction supervision from the Commencement Date of the Works until issuance of the Taking-Over Certificate. Where requested by the Client, the Consultant may also provide technical assistance during the Defects Notification Period. The Consultant shall perform the duties of the Engineer (or Engineer's Representative) under the Conditions of Contract.
Task 9 – Testing, Commissioning and Operational Readiness
Upon substantial completion of the Works, the Consultant shall supervise all testing, commissioning and operational readiness activities necessary to ensure that the rehabilitated laboratory facility is ready to receive and operate future laboratory equipment.
CONSULTANT QUALIFICATIONS
Consulting Firm Qualifications
The Consultant shall be selected in accordance with the Consultants' Qualifications Selection (CQS) method set forth in the World Bank's “Procurement Regulations for IPF Borrowers” July 2016 revised November 2020 (“Procurement Regulations”), and the latest applicable edition.
The Consultant shall be a legally established consulting firm authorized to provide the professional services covered by this assignment.
The Consultant may participate individually or as a Joint Venture (JV) with other firms, including international consulting firms, in accordance with the applicable World Bank Procurement Regulations. The Consultant may also associate with other firms, including local firms, where appropriate, to complement its technical, professional or legal capacities required for the successful implementation of the assignment.
The Consultant shall ensure that all services requiring professional licenses, statutory authorizations or legal certification under the legislation of the Republic of Albania are performed, reviewed, signed and certified by professionals or legal entities duly authorized to practice in Albania. Compliance with such requirements may be achieved through the Consultant's own licensed presence in Albania, a Joint Venture member, an affiliated entity, or an appropriately licensed Sub-consultant, as permitted under the applicable procurement arrangements.
Where the legislation of the Republic of Albania requires that specific professional services be performed exclusively by licensed professionals or licensed legal entities, such services shall be undertaken only by those professionals or entities holding the relevant licenses, registrations, certifications and statutory authorizations.
The Consultant shall ensure that all technical documentation prepared under this assignment is signed, certified and endorsed, where required, by appropriately licensed professionals authorized to practice under the legislation of the Republic of Albania and complies with all applicable legal, technical and procedural requirements governing the review, approval and issuance of permits, authorizations, technical clearances and other statutory approvals by the competent Albanian authorities.
The Consultant shall be responsible for ensuring that the proposed engineering solutions, technical documentation and design outputs are fully harmonized with the legislation of the Republic of Albania, including all requirements necessary for obtaining development and construction permits, technical approvals, statutory reviews, construction supervision, acceptance procedures and final certification of the completed works, as applicable.
The Consultant shall be solely responsible for ensuring that all documentation prepared under this assignment is complete, legally compliant and suitable for submission, review and approval by the competent Albanian authorities. The absence of the required Albanian professional licenses, certifications, statutory authorizations or other legal requirements at the time they are required for the execution of the respective services shall not constitute grounds for an extension of time, additional cost or modification of the Consultant's contractual obligations.
The Consultant shall demonstrate proven experience in multidisciplinary consultancy services involving:
Previous experience in laboratory facilities, food safety laboratories, veterinary laboratories, research facilities, healthcare facilities or other technically specialized public infrastructure shall be considered a significant advantage.
Previous experience in projects financed by the World Bank or other International Financial Institutions (IFIs) shall be considered an asset.
The Consultant may associate with sub-consultants in order to complement areas of expertise and strengthen the multidisciplinary capacity of the proposed team. Any such association shall comply with the applicable provisions of the World Bank Procurement Regulations.
Firms will be shortlisted based on the following evaluation criteria:
The CVs of Key experts will not be evaluated during the shortlisting process.
The attention of interested Consultants is drawn to Section III, paragraphs, 3.14, 3.16, and 3.17 of the World Bank’s “Procurement Regulations for IPF Borrowers” July 2016 revised November 2020 (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest.
Consultants may associate with other firms to enhance their qualifications but should indicate clearly whether the association is in the form of a joint venture and/or a sub-consultancy. In the case of a joint venture, all the partners in the joint venture shall be jointly and severally liable for the entire contract, if selected.
The Consultant will be selected in accordance with the World Bank Procurement Regulations for IPF Borrowers: "Procurement in Investment Project Financing of Goods, Works, Non-Consulting and Consulting Services" (November 2020), using the Consultant Qualification Selection (CQS) method.
Interested Consultants may obtain further information concerning the Terms of Reference at the official website of MARD: https://bujqesia.gov.al/projekti-qendrueshmeria-ndaj-klimes-dhe-zhvillimit-ne-bujqesi/, or at the address below, during office hours 09:00 to 15:00 (Monday to Thursday) and 09:00 to 13:00 on Friday.
Expressions of Interest (EoI) in English language must be delivered no later than September 06, 2026 hardcopy (in person or by mail) to the address below, within office hours, and/or electronically at the below e-mail address.
Ministry of Agriculture and Rural Development
Adr: Blv. "Dëshmorët e Kombit", Nr. 2, 1001, Tirana, Albania
E-mail: arben.molla@bujqesia.gov.al
Attn: Mr. Arben Molla
Project Manager
"},{"id":"OP00463472","notice_type":"Contract Award","noticedate":"19-Aug-2026","notice_lang_name":"French","notice_status":"Published","project_ctry_name":"Benin","project_id":"P175768","project_name":"Benin Vocational Education and Entrepreneurship for Jobs Project","bid_reference_no":"BJ-ADSC-533795-CS-CQS","bid_description":"Sélection d’un Cabinet pour l’ Évaluations annuelles 2026 / 2027 des Organisations d’appui à l’Entrepreneuriat (OAE) labellisées.","procurement_group":"CS","procurement_method_code":"CQS","procurement_method_name":"Consultant Qualification Selection","submission_date":"2026-08-19T00:00:00Z","notice_text":"
Project:P175768-Benin Vocational Education and Entrepreneurship for Jobs Project
Loan/Credit/TF Info:IDA-D9450
Bid/Contract Reference No:BJ-ADSC-533795-CS-CQS
Procurement Method:CQS-Slection fonde sur les qualifications des consultants
Scope of Contract:Slection dun Cabinet pour les Evaluations annuelles 2026 / 2027 des Organisations dAppui lEntrepreneuriat (OAE) labellises.
Notice Version No:0
| Technical: | 20.00 | |
| Consultant Specific Experience: | 20 | |
| Methodology: | 0 | |
| Key Personnel: | 0 | |
| Transfer of Knowledge: | 0 | |
| Participation by Nationals: | 0 | |
| Financial: | 1 | |
| Combined: | 20 | |
| Rank: | 1 | |
Request for Bids
Plant
Design, Supply, and Installation
Two-envelope with Rated Criteria
RFB No: SZ-ECC-561950-CW-RFB
March 2025 |
Request for Bids
Eswatini Electricity Company
Procurement of
Design, Supply and Installation of 11kV Auto reclosers (Plant)
For the
Accelerating Sustainable and Clean Energy Access Transformation in Eswatini
Project ID No: P508960
Employer: Eswatini Electricity Company
Project: Accelerating Sustainable and Clean Energy Access Transformation - Eswatini
Contract title: Design, Supply and Installation of 11kV Auto reclosers (Plant)
Country: Kingdom of Eswatini
Loan No. /Credit No. / Grant No.: 7700-SZ
RFB No: SZ-ECC-561950-CW-RFB
Issued on: 19 August 2026
Standard Procurement Document
Table of Contents
PART 1 – Bidding Procedures. 3
Section I - Instructions to Bidders. 5
Section II - Bid Data Sheet 39
Section III - Evaluation and Qualification Criteria (After prequalification) 49
Section III - Evaluation and Qualification Criteria (Without prequalification) 59
Section IV - Bidding Forms. 77
Section V - Eligible Countries. 151
Section VI - Fraud and Corruption. 153
PART 2 - Employer’s Requirements. 157
Section VII - Employer’s Requirements. 159
PART 3 – Conditions of Contract and Contract Forms. 189
Section VIII - General Conditions of Contract 191
Section IX - Particular Conditions of Contract 291
Section X - Contract Forms. 297
PART 1 – Bidding Procedures
Section I - Instructions to Bidders
Contents
A. General 8
1. Scope of Bid. 8
2. Source of Funds. 9
3. Fraud and Corruption. 9
4. Eligible Bidders. 9
5. Eligible Plant and Installation Services. 12
B. Contents of Bidding Document 12
6. Sections of Bidding Document 12
7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting. 13
8. Amendment of Bidding Document 15
C. Preparation of Bids. 15
9. Cost of Bidding. 15
10. Language of Bid. 15
11. Documents Comprising the Bid. 15
12. Letters of Bid and Price Schedules. 17
13. Alternative Bids. 17
14. Documents Establishing the Eligibility of the Plant and Installation Services. 17
15. Documents Establishing the Eligibility and Qualifications of the Bidder 17
16. Documents Establishing the Conformity of the Plant and Installation Services. 18
17. Bid Prices and Discounts. 18
18. Currencies of Bid and Payment 21
19. Period of Validity of Bids. 21
20. Bid Security. 22
21. Format and Signing of Bid. 24
D. Submission of Bids. 24
22. Submission, Sealing and Marking of Bids. 24
23. Deadline for Submission of Bids. 25
24. Late Bids. 25
25. Withdrawal, Substitution, and Modification of Bids. 25
E. Public Opening of Technical Parts of Bids. 26
26. Public Opening of Technical Parts of Bids. 26
F. Evaluation of Bids- General Provisions. 27
27. Confidentiality. 27
28. Clarification of Bids. 28
29. Deviations, Reservations, and Omissions. 28
G. Evaluation of Technical Part of Bids. 29
30. Determination of Responsiveness of Technical Part 29
31. Eligibility and Qualifications of the Bidder 29
32. Detailed Evaluation of Technical Part 30
H. Notification of Evaluation of Technical Parts and Public Opening of Financial Parts. 30
33. Notification of Evaluation of Technical Parts and Public Opening of Financial Parts. 30
I. Evaluation of Financial Part of Bids. 32
34. Adjustments for Non-material Noconformities. 32
35. Correction of Arithmetic Errors. 32
36. Evaluation Process, Financial Part 32
37. Abnormally Low Bids. 33
38. Unbalanced or Front Loaded Bids. 33
J. Evaluation of Combined Technical and Financial Parts, Most Advantageous Bid and Notification of Intention to Award. 34
39. Evaluation of combined Technical and Financial Parts, Most Advantageous Bid. 34
40. Employer’s right to Accept Any Bid and to Reject Any or All Bids. 34
41. Standstill Period. 35
42. Notification of Intention to Award. 35
K. Award of Contract 35
43. Award Criteria. 35
44. Notification of Award. 35
45. Debriefing by the Employer 36
46. Signing of Contract 37
47. Performance Security. 37
48. Procurement Related Complaint 38
Section I - Instructions to Bidders
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Sexual Exploitation is defined as any actual or attempted abuse of position of vulnerability, differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation 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.
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. |
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PART 1. Bidding Procedures
PART 2. Employer’s Requirements
PART 3. Conditions of Contract and Contract Forms
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Schedule No. 1: Plant (including Mandatory Spare Parts) Supplied from Abroad Schedule No. 2: Plant (including Mandatory Spare Parts) Supplied from within the Employer’s Country Schedule No. 3: Design Services Schedule No. 4: Installation Services Schedule No. 5: Grand Summary (Schedule Nos.1 to 4) Schedule No. 6: Recommended Spare Parts
The price of the Plant shall be quoted on CIP-named place of destination basis as specified in the BDS.
(i) The price of the Plant shall be quoted on an EXW Incoterm basis (such as “ex-works,” “ex-factory,” “ex-warehouse” or “off-the-shelf,” as applicable), including all customs duties, sales and other taxes already paid or payable on the components and raw materials used in the manufacture or assembly of the Plant; (ii) Sales tax and all other taxes payable in the Employer’s Country on the Plant if the contract is awarded to the Bidder;
(e) Recommended spare parts shall be quoted separately (Schedule 6) as specified in either subparagraph (a) or (b) above in accordance with the origin of the spare parts.
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from a reputable source from an eligible country. If an unconditional guarantee is issued by a non-bank financial institution located outside the Employer’s Country the issuing non-bank financial institution shall have a correspondent financial institution located in the Employer’s Country to make it enforceable unless the Employer has agreed in writing, prior to Bid submission, that a correspondent financial institution is not required. In the case of a bank guarantee, the Bid Security shall be submitted either using the Bid Security Form included in Section IV, Bidding Forms, or in another substantially similar format approved by the Employer prior to Bid submission. The Bid Security shall be valid for twenty-eight (28) days beyond the original date of expiry of the Bid validity, or beyond any extended date if requested under ITB 19.2.
the Borrower may, if provided for in the BDS, declare the Bidder disqualified to be awarded a contract by the Employer for a period of time as stated in the BDS. |
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(a) “Deviation” is a departure from the requirements specified in the bidding document; (b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the bidding document; and (c) “Omission” is the failure to submit part or all of the information or documentation required in the bidding document.
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Section II - Bid Data Sheet The following specific data for the Facilities to be procured shall complement, supplement, or amend the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the provisions herein shall prevail over those in ITB. | |||||||||||||||||||||||||||||||||||||||
A. General | |||||||||||||||||||||||||||||||||||||||
ITB 1.1 | The reference number of the Request for Bids (RFB) is: SZ-ECC-561950-CW-RFB The Employer is: Eswatini Electricity Company (EEC). The name of the RFB is: Design, Supply and Installation of 11kV Auto reclosers (Plant) The number and identification of lots (contracts) comprising this RFB is: one (1) | ||||||||||||||||||||||||||||||||||||||
ITB 1.2 (a) | N/A | ||||||||||||||||||||||||||||||||||||||
ITB 2.1 | The Borrower is: Government of Kingdom of Eswatini Loan or Financing Agreement amount: US$90 million The name of the Project is: Accelerating Sustainable and Clean Energy Access Transformation (ASCENT) Eswatini | ||||||||||||||||||||||||||||||||||||||
ITB 4.1 | Maximum number of members in the JV shall be: Three (3) | ||||||||||||||||||||||||||||||||||||||
ITB 4.5 | A list of debarred firms and individuals is available on the Bank’s external website: http://www.worldbank.org/debarr. | ||||||||||||||||||||||||||||||||||||||
ITB 4.11 | This Bidding Process is not subject to prequalification. | ||||||||||||||||||||||||||||||||||||||
B. Bidding Document | |||||||||||||||||||||||||||||||||||||||
ITB 7.1 | For Clarification of Bid purposes only, the Employer’s address is: Attention: Mr. Bongani Chauke, Procurement Manager Address: Po Box 258, Head Office, Eluvatsini House, Floor/Room number: Ground Floor City: Mbabane Country: Kingdom of Eswatini (Swaziland) Telephone: +268 2409 4065 Electronic mail address: bongani.chauke@eec.co.sz and thobeka.gama@eec.co.sz Requests for clarification should be received by the Employer no later than: 12 October 2026. Web page: www.eec.co.sz | ||||||||||||||||||||||||||||||||||||||
ITB 7.4 | A pre-bid meeting shall take place at the following date, time and place: Date: 10 September 2026 Time: 10h00 SAST Place: Virtual Join: https://teams.microsoft.com/meet/350969007718107?p=iaBABpQyLOD1SvWqoV Meeting ID: 350 969 007 718 107 Passcode: vZ7TW3mc A non-compulsory site visit conducted by the Employer shall be on 17nth and 18nth September 2026 Telephone: +268 2409 4062 E-mail: thobeka.gama@eec.co.sz copied to bongani.chauke@eec.co.sz Contact person/conference coordinator: Ms. Thobeka Gama, Procurement Specialist | ||||||||||||||||||||||||||||||||||||||
ITB 7.6 | The Employer shall not publish the Minutes of the pre-Bid meeting on the web page. However, the minutes of the pre-Bid meeting will be circulated to all bidders who have purchased the bidding document. | ||||||||||||||||||||||||||||||||||||||
C. Preparation of Bids | |||||||||||||||||||||||||||||||||||||||
ITB 10.1 | The language of the Bid is: English All correspondence exchange shall be in English language. Language for translation of supporting documents and printed literature is English. | ||||||||||||||||||||||||||||||||||||||
ITB 11.2 (i) | The Bidder shall submit the following additional documents in the Technical Part of its Bid: Code of Conduct for Contractor’s Personnel (ES) The Bidder shall submit its Code of Conduct that will apply to Contractor’s Personnel (as defined in Sub-Clause 1.1.17 of the General Conditions of Contract), to ensure compliance with the Contractor’s Environmental and Social (ES) obligations under the Contract. The Bidder 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 Bidder may introduce additional requirements, including as necessary to take into account specific Contract issues/risks. A satisfactory code of conduct will contain obligations on all Contractor’s Personnel project staff (including sub-contractors and day workers) that are suitable to address the following issues, as a minimum. Additional obligations may be added to respond to particular concerns of the region, the location and the project sector or to specific project requirements. The code of conduct shall contain a statement that the term “child” / “children” means any person(s) under the age of 18 years. The issues to be addressed include: 1. Compliance with applicable laws, rules, and regulations. 2. Compliance with applicable health and safety requirements to protect the local community, the Employer’s Personnel, and the Contractor’s Personnel 3. Interactions with the local community(ies), members of the local community (ies), and any affected person(s) (for example to convey an attitude of respect, including to their culture and traditions) 4. Sexual harassment 5. Sexual exploitation and abuse 6. Protection of children (including prohibitions against sexual activity or abuse, or otherwise unacceptable behavior towards children, limiting interactions with children, and ensuring their safety in project areas) 7. Sanitation requirements 8. Non retaliation against workers who report violations of the Code, if that report is made in good faith. Management Strategies and Implementation Plans (MSIP) to manage the (ES) risks The Bidder shall submit Management Strategies and Implementation Plans (MSIPs) to manage the following key Environmental and Social (ES) risks:
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ITB 11.3(d) | The Bidder shall submit the following additional documents in the Financial Part of its Bid: N/A | ||||||||||||||||||||||||||||||||||||||
ITB 13.1 | Alternative Bids shall not be considered. | ||||||||||||||||||||||||||||||||||||||
ITB 13.2 | Alternatives to the Time Schedule shall not be permitted. | ||||||||||||||||||||||||||||||||||||||
ITB 13.4 | Alternative technical solutions shall not be permitted for the Plant and Installation Services. | ||||||||||||||||||||||||||||||||||||||
ITB 17.1 | Bidders shall quote for the following components or services on a single responsibility basis:
and The supply of the following components or services will be provided under the responsibility of the Employer:
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ITB 17.5 (a) and (d) | Place of destination: Matsapha Central Services Organization (CSO) – EEC Main Stores, Matsapha. Final destination (Project Site): Various projects sites across the country with 150 km radius from the Matsapha Central Services Organization (CSO) – EEC Main Stores, Matsapha. | ||||||||||||||||||||||||||||||||||||||
ITB 17.6 | The Incoterms edition is: CIP-INCOTERMS 2020 | ||||||||||||||||||||||||||||||||||||||
ITB 17.7 | The prices quoted by the Bidder shall not be subject to adjustment during the performance of the Contract. | ||||||||||||||||||||||||||||||||||||||
ITB 18.1 | The currency of bid and payment for Bidder from the Common Monetary Area (CMA) Countries shall be Employer’s Country Lilangeni (SZL). Bidder from outside the Common Monetary Area (CMA) Countries is not required to quote in the currency of the Employer’s Country Lilangeni (SZL), the portion of the Bid price that corresponds to expenditures incurred in the Employer’s Country currencies. | ||||||||||||||||||||||||||||||||||||||
ITB 19.1 | The Bid shall be valid until: 23 January 2027 | ||||||||||||||||||||||||||||||||||||||
ITB 19.3 (a) | The Bid price shall be adjusted by the following factor(s): Not Applicable. | ||||||||||||||||||||||||||||||||||||||
ITB 20.1 | A Bid Security shall be required. A Bid-Securing Declaration shall not be required. If a Bid Security shall be required, the amount and currency of the Bid Security shall be E50,000.00 | ||||||||||||||||||||||||||||||||||||||
ITB 20.3 (d) | Other types of acceptable securities: NONE | ||||||||||||||||||||||||||||||||||||||
ITB 20.9 | Not applicable | ||||||||||||||||||||||||||||||||||||||
ITB 21.3 | The written confirmation of authorization to sign on behalf of the Bidder shall consist of “Power of Attorney” (either notarized or attested by the appropriate authority in the Bidder’s home country) along with a copy of relevant Board Resolution. Note: The Power of Attorney shall indicate that the person signing the Bid has the authority to sign the Bid and the Bid is binding upon the Bidder during the full period of its validity. In case of a Joint venture Bid, the Power of Attorney shall be signed by the appropriate official of each of the JV partner. | ||||||||||||||||||||||||||||||||||||||
D. Submission and Opening of Bids | |||||||||||||||||||||||||||||||||||||||
ITB 22.1 | In addition to the original Bid, the number of copies is: Two (2). Notes:
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ITB 23.1 | For Bid submission purpose only, the Procuring Agency’s address is: Eswatini Electricity Company Attention: Mr. Bongani Chauke Street Address: Eluvatsini House, Mhlambanyatsi Road Floor/ Room number: Reception City: Mbabane Country: Kingdom of Eswatini The deadline for Bid submission is: Date: 23 October 2026 Time:11h00 SAST Bidders shall not have the option of submitting their Bids electronically. | ||||||||||||||||||||||||||||||||||||||
E. Public Opening of Technical Parts of Bids | |||||||||||||||||||||||||||||||||||||||
ITB 26.1 | The Bid opening shall take place at: EEC Head Office Street Address: Eluvatsini House, Mhlambanyatsi Road Floor/ Room number: Reception, Cubicle 1 City: Mbabane Country: Kingdom of Eswatini Date: 23 October 2026 Time: 11.15 AM SAST The electronic Bid opening procedures shall be: N/A | ||||||||||||||||||||||||||||||||||||||
ITB 26.6 | The Letter of Bid - Technical Part and the sealed envelope marked “Second Envelope - Financial Part” shall be initialed by at least three (3) representatives of the Employer conducting Bid opening. | ||||||||||||||||||||||||||||||||||||||
G. Evaluation of Technical Part of Bids | |||||||||||||||||||||||||||||||||||||||
ITB 32.2 | The weight to be given for Rated Criteria (including technical and non-price factors) is: 0.5(50 %) The technical factors and sub-factors, which for purposes of this document carry the same meaning as Rated Criteria, and the corresponding scores in % are:
Note:
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H. Notification of Evaluation of Technical Parts and Public Opening of Financial Parts | |||||||||||||||||||||||||||||||||||||||
ITB 33.5 | The Letter of Bid – Financial Part and Schedules shall be initialed by three (3) representatives of the Employer conducting Bid opening. Each Financial Part of Bid shall be initialed by 3 representatives of the employer conducting the financial opening. Any modification to the total price shall be recorded and initialed by 3 Representatives of the Employer. | ||||||||||||||||||||||||||||||||||||||
I. Evaluation of Financial Part of Bids | |||||||||||||||||||||||||||||||||||||||
36.1(f) | The adjustments shall be determined using the following criteria, from amongst those set out in Section III, Evaluation and Qualification Criteria:
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ITB 36.2
| The currency that shall be used for Bid evaluation and comparison purposes to convert at the selling exchange rate all Bid prices expressed in various currencies into a single currency is: Lilangeni (SZL) The source of exchange rate shall be: Central Bank of Eswatini The date for the exchange rate shall be: 23 October 2026 | ||||||||||||||||||||||||||||||||||||||
J. Evaluation of Combined Technical and Financial Parts and Most Advantageous Bid | |||||||||||||||||||||||||||||||||||||||
ITB 39.1 | The weight to be given for cost is: 0.5 (50%) | ||||||||||||||||||||||||||||||||||||||
K. Award of Contract | |||||||||||||||||||||||||||||||||||||||
ITB 48.1 | The procedures for making a Procurement-related Complaint are detailed in the “Procurement Regulations for IPF Borrowers (Annex III).” If a Consultant wishes to make a Procurement-related Complaint, the Consultant shall submit its complaint following these procedures, In Writing (by the quickest means available, such as by email or fax), to: For the attention: Mr. Mphumuzi Maziya Title/position: Managing Director Client: Eswatini Electricity Company Email address: mphumuzi.maziya@eec.co.sz copied bongani.chauke@eec.co.sz A copy of the complaint can be sent for the Bank’s information and monitoring to: pprocurementcomplaints@worldbank.org In summary, a Procurement-related Complaint may challenge any of the following:
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Section III - Evaluation and Qualification Criteria (Without prequalification)
This section contains all the criteria that the Employer shall use to evaluate Bids and qualify Bidders. No other factors, methods or criteria shall be used other than specified in this Bidding document. The Bidder shall provide all the information requested in the forms included in Section IV, Bidding Forms.
Wherever a Bidder is required to state a monetary amount, Bidders should indicate the USD equivalent using the rate of exchange determined as follows:
Exchange rates shall be taken from the publicly available source identified in the ITB 36.2. Any error in determining the exchange rates in the Bid may be corrected by the Employer.
Table of Contents
1. Qualification. 61
2. Evaluation of Technical Part 62
3. Evaluation of Financial Part 64
4. Combined Evaluation. 66
5. Multiple Contracts. 66
1.1 Qualification Requirements
The Bidder’s qualification shall be assessed in accordance with the Qualification table included in this section.
1.2 Contractor’s Representative and other Key Personnel
The Bidder must demonstrate that it will have suitably qualified Contractor’s Representative and other suitably qualified (and in adequate numbers) key personnel, as described in the Employer’s Requirements.
The Bidder shall provide details of the Contractor’s Representative and other key personnel, and such other key personnel that the Bidder considers appropriate, together with their academic qualifications and work experience. The Bidder shall complete the relevant Forms in Section IV, Bid Forms.
1.3 Equipment
The Bidder must demonstrate that it will have access to the key equipment required to perform the contract.
The Bidder shall provide further details of proposed items of equipment using the relevant Form in Section IV.
1.4 Subcontractors/Manufacturers
Subcontractors/manufacturers for major items of supply or services identified in the Initial Selection document must meet or continue to meet the minimum criteria specified therein for each item.
Subcontractors for the following additional major items of supply or services must meet the following minimum criteria, herein listed for that item:
Item No. | Description of Item | Minimum Criteria to be met |
1 | Telecommunication equipment | 5 years’ experience in supplying and installing telecommunication equipment |
2 | Overhead line construction | 5 years’ experience in distribution infrastructure construction |
3 | 11kV Auto reclosers | 10 years’ experience in the manufacturing of auto reclosers |
4 | Protection and SCADA | 10 Years experience in protection and automation of electrical transmission or distribution systems |
Failure to comply with this requirement will result in rejection of the subcontractor.
In the case of a Bidder who offers to supply and/or install Plant and equipment under the contract that the Bidder did not manufacture or otherwise produce and/or install, the Bidder shall provide the manufacturer’s authorization, using the form provided in Section IV, showing that the Bidder has been duly authorized by the manufacturer or producer of the related Plant and equipment or component to supply and/or install that item in the Employer’s country. The Bidder is responsible for ensuring that the manufacturer or producer complies with the requirements of ITB 4 and ITB 5 and meets the minimum criteria listed above for that item.
The total technical points assigned to each Bid in the Evaluated Bid Formula will be determined by adding and weighting the scores assigned by an evaluation committee to technical factors of the Bid in accordance with the criteria set forth below.
No. | Rated Criterion | Weight | Key Assessment Considerations |
1 | Specific Experience of bidder, capability and suitability of subcontractors | 15% |
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2 | Technical compliance and plant design solution | 25% |
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3 | Approach, Methodology, method statement and implementation plan | 20% |
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4 | Key personnel and project organization | 20% |
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5 | Programme, schedule and delivery plan | 5% |
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6 | Cybersecurity risk management and innovation | 5% |
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7 | Training, documentation, warranties and lifecycle support | 10% |
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Total | 100% |
TECHINICAL PART SCORING METHOLOGY
Evaluators will apply the following scoring guidance consistently to each rated criterion. Scores will be based on the extent to which the bidder’s submission demonstrates compliance, completeness, relevance, credibility of evidence, and practical suitability for the required scope of work.
Score | Rating | General Scoring Guidance |
0 | Non-responsive / No evidence | The submission does not address the criterion, provides no relevant evidence, or contains information that is materially non-compliant with the requirements. The response gives the evaluator no reasonable basis to confirm capability, compliance, or suitability. |
1 | Poor | The submission addresses the criterion only superficially or partially. Evidence is weak, generic, insufficient, incomplete, or not clearly relevant to the required scope. There are significant gaps, uncertainties, or weaknesses that may create delivery, compliance, performance, safety, operational, or support risks. |
2 | Acceptable | The submission adequately addresses the criterion and demonstrates basic compliance with the requirements. Evidence is generally relevant and sufficient, although some details may be missing or not fully developed. Any minor weaknesses are manageable and are not expected to materially affect delivery of the required scope. |
3 | Good | The submission addresses the criterion clearly and comprehensively. Evidence is relevant, credible, and well aligned with the requirements. The response demonstrates sound understanding, suitable capability, and a practical approach marginally exceeding minimum or generic standards. Even if there are very minor omissions or risks that can be readily clarified or managed. |
4 | Excellent | The submission fully addresses the criterion and exceeds the minimum requirements in a meaningful and relevant way. Evidence is strong, specific, verifiable, and directly applicable to the scope. The response demonstrates superior capability, robust risk controls, clear interfaces, reliable delivery arrangements, and added value without introducing unacceptable risk. |
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:
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”
and
The Factor Technical Scores will be combined in a weighted sum to form the total Technical Part Score using the following formula:
where:
Sj = the Factor Technical Score of factor “j”
Wj = the weight of factor “j” as specified in the BDS
n = the number of Factors
and
Note: After the technical evaluation only, only bids that attains a score of 70 % and or above shall be considered for financial evaluation.
The following factors and methods will apply:
Time to complete the Plant and Installation Services from the effective date specified in Article 3 of the Contract Agreement for determining time for completion of pre-commissioning activities is 6 months. No credit will be given for earlier completion.
Note: A compliant Bid must offer a contract completion within the time specified above. Bids offering a completion date beyond the maximum designated period shall be rejected as non-responsive.
None
The minimum requirements stated in the Specification for functional guarantees required in the Specification are:
Functional Guarantee | Minimum (or Maximum, as appropriate) Requirement |
1. All 11 kV auto reclosers as stated in the employer’s requirements. | 100% operational functionality throughout the Warranty Period & Design Life. |
The performance figures quoted on forms-FUNC and Technical Data Sheet shall be guaranteed within the tolerances permitted by relevant standards listed under Part-II, Employer’s Requirement, and shall become a part of the successful Bidder's Contract. For the purposes of evaluation, for each percentage point the functional guarantee of the proposed Plant and Installation Services is below the norm specified in the Specification and in the above table, but above the minimum acceptable levels also specified therein, an adjustment of 5% will be added to the Bid price. If the drop below the norm the Auto reclosers will be rejected.
None
None
The Employer will evaluate and compare the Bids that have been determined to be substantially responsive.
An Evaluated Bid Score (B) will be calculated for each responsive Bid using the following formula, which permits a comprehensive assessment of the evaluated cost and the technical merits of each Bid:
where
C = Evaluated Bid Cost
C low = the lowest of all Evaluated Bid Costs among responsive Bids
T = the total Technical Score awarded to the Bid
Thigh = the Technical Score achieved by the Bid that was scored best among all responsive Bids
X = weight for Cost as specified in the BDS
The Bid with the best evaluated Bid Score (B) among responsive Bids shall be the Most Advantageous Bid provided the Bidder is qualified to perform the Contract.
……………………………………………………………………………………
2. Qualification
Factor | 1 Eligibility | |||||
Sub-Factor | Criteria | Documentation Required | ||||
Requirement | Bidder | |||||
Single Entity | Joint Venture(existing or intended) | |||||
All members combined | Each Partner | At least one Partner | ||||
1.1 Nationality | Nationality in accordance with ITB 4.4. | Must meet requirement | must meet requirement | Must meet requirement | N / A | Form ELI –1.1 and 1.2, with attachments |
1.2 Conflict of Interest | No- conflicts of interests as described in ITB 4.2 | Must meet requirement | must meet requirement | Must meet requirement | N / A | Letter of Bid |
1.3 Bank Ineligibility | Not having been declared ineligible by the Bank as described in 4.5. | Must meet requirement | must meet requirement | Must meet requirement | N / A | Letter of Bid |
1.4 State Owned Enterprise or Institution | Compliance with conditions of ITB 4.6 | Must meet requirement | Must meet requirement | Must meet requirement | N / A | Form ELI –1.1 and 1.2, with attachments |
1.5 Ineligibility based on a United Nations resolution or Borrower’s country law | Not having been excluded as a result of the Borrower’s country laws or official regulations, or by an act of compliance with UN Security Council resolution, in accordance with ITB 4.8and Section V. | Must meet requirement | must meet requirement | Must meet requirement | N / A | Letter of Bid |
Factor | 2. Historical Contract Non-Performance | |||||
Sub-Factor | Criteria | Documentation Required | ||||
Requirement | Bidder | |||||
Single Entity | Joint Venture (existing or intended) | |||||
All members combined | Each member | At least one member | ||||
2.1 History of non-performing contracts | Non-performance[1]of a contract did not occur within the last 5 years prior to the deadline for application submission, based on all information on fully settled disputes or litigation. A fully settled dispute or litigation is one that has been resolved in accordance with the Dispute Resolution Mechanism under the respective contract, and where all appeal instances available to the Bidder have been exhausted. | Must meet requirement by itself or as member to past or existing JV | N / A | Must meet requirement[2] | N / A | Form CON - 2 |
2.2 Suspension | Not under suspension based on execution of a Bid Securing Declaration or Proposal Securing Declaration pursuant to ITB 4.7 and ITB 20.9 | Must meet requirement | Must meet requirement | Must meet requirement | Must meet requirement | Letter of Bid |
2.3 Pending Litigation | Bid’s financial position and prospective long term profitability still sound according to criteria established in 3.1 below and assuming that all pending litigation will be resolved against the Bidder | Must meet requirement
| N / A | Must meet requirement | N / A | Form CON – 2 |
2.4 Litigation History | No consistent history of court/arbitral award decisions against the Bidder[3]since 1st January 2021
| Must meet requirement | Must meet requirement | Must meet requirement | N/A | Form CON – 2 |
2.5 Declaration: Environmental and Social (ES) past performance | Declare any contract that has been suspended or terminated and/or performance security called by an employer for reasons of breach of environmental, or social (including Sexual Exploitation, and Abuse) contractual obligations in the past five years.[4] | Must make the declaration. Where there are Specialized Subcontractor/s, the Specialized Subcontractor/s must also make the declaration. |
N/A | Each must make the declaration. Where there are Specialized Subcontractor/s, the Specialized Subcontractor/s must also make the declaration. |
N/A | Form CON-3 ES Performance Declaration |
2.6 Bank’s SEA and/or SH Disqualification | At the time of Contract Award, not subject to disqualification by the Bank for non-compliance with SEA/ SH obligations | Must meet requirement (including each subcontractor proposed by the Bidder) | N/A | Must meet requirement (including each subcontractor proposed by the Bidder) | N/A | Letter of Bid, Form CON-4 |
Factor | 3 Financial Situation | ||||||
Sub-Factor | Criteria | Documentation Required | |||||
Requirement | Bidder | ||||||
Single Entity | Joint Venture (existing or intended) | ||||||
All members combined | Each member | At least one member | |||||
3.1 Financial Capabilities | Submission of audited balance sheets or if not required by the law of the Bidder’s Country, other financial statements acceptable to the Employer, for the last three [3] years to demonstrate the current soundness of the Bidders financial position and its prospective long-term profitability. | Must meet requirement | N / A | Must meet requirement | N / A | Form FIN – 3.1 with attachments | |
3.2 Average Annual Turnover
| Minimum average annual construction turnover in supply and installation of electricity distribution infrastructure of US$ 1,720,000.00 (One million, seven hundred and twenty thousand), calculated as total certified payments received for contracts in progress and/or completed within the last three (3) years, | Must meet requirement | Must meet requirement | Must meet at least 30 % of the requirement | Must meet at least 70 % of the requirement | Form FIN –3.2 | |
3.3 Financial Resources
| The Bidder must demonstrate access to, or availability of, financial resources such as liquid assets, unencumbered real assets, lines of credit, and other financial means, other than any contractual advance payments to meet: (i) the following cash-flow requirement: USD $ 430,000.00 (four hundred and thirty thousand) and (ii) the overall cash flow requirements for this contract and its current commitments. | Must meet requirement | Must meet requirement | Must meet at least 30 % of the requirement | Must meet at least 70 % of the requirement | Form FIN –3.3 | |
Factor | 4 Experience | ||||||
Sub-Factor | Criteria | Documentation Required |
| ||||
Requirement | Bidder |
| |||||
Single Entity | Joint Venture (existing or intended) |
| |||||
All members combined | Each member | At least one member |
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4.1 General Experience | Experience in supply, installation and commissioning of electricity distribution control systems under contracts in the role of main contractor, JV member, subcontractor, or management contractor for at least the last five (5) years starting 1st January 2021 | Must meet requirement
| N / A | Must meet requirement
| N / A | Form EXP-4.1 |
|
4.2(a) Specific Experience | (a)Participation as contractor, joint venture member[5], management contractor, or subcontractor, in at least two (2) contracts within the last eight (8) years (from 1 January 2018), each with a value of at least $860,000.00 that have been successfully and substantially[6]completed and that are similar to the proposed Plant and Installation Services. The similarity of the contracts shall be based on the physical size, complexity, methods, technology or other characteristics as described in Section VII, Employer’s Requirements. | Must meet requirement | Must meet requirements[7] | N / A | Must meet the following requirements for the key activities listed below
| Form EXP 4.2(a)
|
|
4.2(b) Specific Experience | (b) For the above or other contracts executed during the period stipulated in 4.2(a) above, a minimum experience in the following key activities:
Bidders should submit details of previous projects and reference letters from clients in support of the projects they are using to demonstrate their qualifications. The Employer may make independent inquiries about any or all of the projects referenced by bidders and may visit and examine the projects used by Bidders in support of their qualifications. | Must meet requirements
| Must meet requirements[8] | N / A | Must meet the requirements | Form EXP-4.2(b) |
|
4.2 (c) Specific Experience in managing ES aspects | For the contracts in 4.2 (a) above and/or any other contracts [substantially completed and under implementation] as prime contractor, joint venture member, or Subcontractor between 1st January 2021 and Application submission deadline, experience in managing ES risks and impacts in the following aspects:
| Must meet requirements
| Must meet requirements
| N/A
| N/A
| Form EXP – 4.2 (c) |
|
Section IV - Bidding Forms |
Table of Forms
Letter of Bid- Technical Part 79
Technical Proposal 82
Site Organization. 83
Method Statement 84
Mobilization Schedule. 85
Construction Schedule. 86
ES Management Strategies and Implementation Plans (ES-MSIP) 87
Sustainable Procurement Proposal 88
Risk assessment and Proposed Management Plan. 89
Code of Conduct for Contractor’s Personnel (ES) Form.. 90
Plant 94
Contractor’s Equipment 95
Functional Guarantees. 96
Personnel 97
Resume of Proposed Personnel 99
Proposed Subcontractors for Major Items of Plant and Installation Services. 100
Others - Time Schedule. 101
Bidders Qualification without prequalification. 115
Bidder Information Sheet 116
Party to JV Information Sheet 117
Historical Contract Non-Performance, Pending Litigation and Litigation History. 118
Current Contract Commitments / Works in Progress. 124
Financial Situation. 125
Historical Financial Performance. 125
Average Annual Turnover 127
Financial Resources. 128
Experience. 129
General Experience. 129
Specific Experience. 131
Specific Experience in Key Activities. 133
Form of Bid Security. 136
Form of Bid Security – Bank Guarantee. 136
Form of Bid Security- Bid Bond. 138
Form of Bid-Securing Declaration. 139
Manufacturer’s Authorization. 140
Schedule of Rates and Prices. 143
Schedule No. 1. Plant and Mandatory Spare Parts Supplied from Abroad. 143
Country of Origin Declaration Form.. 144
Schedule No. 2. Plant and Mandatory Spare Parts Supplied from Within the Employer’s Country. 145
Schedule No. 3. Design Services. 146
Schedule No. 4. Installation and Other Services. 147
Schedule No. 5. Grand Summary. 148
Schedule No. 6. Recommended Spare Parts. 149
Price Adjustment 150
Letter of Bid- Technical Part
INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE DOCUMENT The Bidder must prepare this Letter of Bid on stationery with its letterhead clearly showing the Bidder’s complete name and business address. Note: All italicized text is to help Bidders in preparing this form. |
Date of this Bid submission: [insert date (as day, month and year) of Bid submission]
RFB No.: [insert number of RFB process]
Alternative No.:[insert identification No if this is a Bid for an alternative]
We, the undersigned, hereby submit our Bid, in two parts, namely:
In submitting our Bid, we make the following declarations:
We [where JV, insert: “including any of our JV members”], and any of our subcontractors:
;
Name of the Bidder: *[insert complete name of the Bidder]
Name of the person duly authorized to sign the Bid on behalf of the Bidder: **[insert complete name of person duly authorized to sign the Bid]
Title of the person signing the Bid: [insert complete title of the person signing the Bid]
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 Bid submitted by joint venture specify the name of the Joint Venture as Bidder
**: Person signing the Bid shall have the power of attorney given by the Bidder to be attached with the Bid
Technical Proposal |
Site Organization
Method Statement
[Note to the Bidder: (i) As required in BDS 11.2 (i), also include method statement, management strategies, implementation plans and innovations; (ii) if there are assessed supply chain risks, the method statement must include proposed supply chain risks management plans.]
In addition, the Bidder/Contractor shall establish, implement and maintain a Method Statement for its specific Occupational Health & Safety (OHS) risks on site and describe mitigation measures to keep high risks under control. Method Statement is a type of health and safety document that Contractor shall use for high-risk work. It describes the steps (method) that workers must take to carry out a particular job safely. Primarily, they are for the benefit of those who will physically be carrying out the work, usually those working in the construction sector.
The document shall identify the potential hazards that may arise during a particular task and outline the necessary precautions that must be put in place and taken by workers. The statement must be as simple as possible to avoid any misinterpretations that could result in injury. Workers involved in the work shall read it, understand what is expected of them and follow the measures that are in place to keep them safe. Method Statement shall be approved by the Employer.
The Bidder/Contractor shall describe the method of work to keeping under control high risks and establish a permit to work system and issue a permit to work (PTW) for specific work. PTW shall be issued, but is not limited to, working at height, working in confined spaces, lone work, asbestos, hot work and the use of dangerous plant. Method Statements shall contain the following items but not limited to:
Mobilization Schedule
[Insert Technical Proposal for Mobilization Schedule]
Construction Schedule
The Bidder should chalk out proper mobilisation schedule and construction schedule along with the CPM/ PERT charts for execution of the Contract as a whole. Since no extension of time is anticipated unless exclusively warranted under critical circumstances, work programme for all key activities that may have bearing on project implementation should be clearly shown within the overall project schedule. For example, time required for import of equipment and construction materials together with time schedule within the overall schedule for preconstruction activities like surveys and investigations and preparation of construction drawings.
ES Management Strategies and Implementation Plans (ES-MSIP)
The Bidder shall submit comprehensive and concise Environmental and Social Management Strategies and Implementation Plans (ES-MSIP) as required by ITB 11.1 (j) of the Bid Data Sheet. These strategies and plans shall describe in detail the actions, materials, equipment, management processes etc. that will be implemented by the Contractor, and its subcontractors.
In developing these strategies and plans, the Bidder shall have regard to the ES provisions of the contract including those as may be more fully described in the Employer’s Requirements in Section VII.
Sustainable Procurement Proposal
Note to Bidder: In addition to submitting the required ES Management Strategies and Implementation Plans, the Bidder shall provide its proposal to demonstrate how additional sustainable procurement requirements, if any, specified in Section VII- Employer’s Requirements would be addressed. The Bidder shall also provide its proposal, if any, for exceeding the sustainable procurement requirements.
Risk assessment and Proposed Management Plan
The Bidder should submit a risk register identifying the hazards anticipated during the implementation of the contract.
For the key hazards ranked by impact, the risk register shall include a description of the hazard, an assessment of the potential impact on health and safety, environment, cost, program or other, and the proposed mitigation strategy for each hazard.
Note to the Bidder: The minimum content of the Code of Conduct form as set out by the Employer shall not be substantially modified. However, the Bidder may add requirements as appropriate, including to take into account Contract-specific issues/risks. The Bidder shall initial and submit the Code of Conduct form as part of its bid.
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Code of Conduct for Contractor’s Personnel (ES) Form
Note to the Employer: The following minimum requirements shall not be modified. The Employer may add additional requirements to address identified issues, informed by relevant environmental and social assessment. The types of issues identified could include risks associated with: labour influx, spread of communicable diseases, and Sexual Exploitation and Abuse (SEA), Sexual Harassment (SH) etc. Delete this Box prior to issuance of the bidding documents.
|
We are the Contractor, [enter name of Contractor]. We have signed a contract with [enter name of Employer] for [enter description of the Facilities]. The Plant for the Facilities will be installed at [enter the Site]. Our contract requires us to implement measures to address environmental and social risks, related to the Installation Services i.e. services ancillary to the supply of the Plant for the Facilities, such as inland transportation, site preparation works/ associated civil works, installation, testing, precommissioning, commissioning, operations and maintenance etc. as the case may require.
This Code of Conduct is part of our measures to deal with environmental and social risks related to the Installation Services.
All personnel that we utilize in the execution of the Contract, including staff, labor and other employees of us and of each Subcontractor, and any other personnel assisting us in the execution of the Contract, are referred to as Contractor’s Personnel.
This Code of Conduct identifies the behavior that we require from the Contractor’s Personnel employed for the execution of Installation Services at the Site (or other places in the country where the Site is located).
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 employed for the execution of Installation Services at the Site (or other places in the country where the Site is located) shall:
RAISING CONCERNS
If any person observes behavior that he/she believes may represent a violation of this Code of Conduct, or that otherwise concerns him/her, he/she should raise the issue promptly. This can be done in either of the following ways:
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 the Contractor’s Personnel may result in serious consequences, up to and including termination and possible referral to legal authorities.
FOR CONTRACTOR’s PERSONNEL:
I have received a copy of this Code of Conduct written in a language that I comprehend. I understand that if I have any questions about this Code of Conduct, I can contact [enter name of Contractor’s contact person(s) with relevant experience] requesting an explanation.
Name of Contractor’s Personnel: [insert name] Signature: __________________________________________________________
Date: (day month year): _______________________________________________
Countersignature of authorized representative of the Contractor:
Signature: ________________________________________________________
Date: (day month year): ______________________________________________
ATTACHMENT 1: Behaviors constituting SEA and behaviors constituting SH
ATTACHMENT 1 TO THE CODE OF CONDUCT FORM
BEHAVIORS CONSTITUTING SEXUAL EXPLOITATION AND ABUSE (SEA) AND BEHAVIORS CONSTITUTING SEXUAL HARASSMENT (SH)
The following non-exhaustive list is intended to illustrate types of prohibited behaviors.
Plant
Contractor’s Equipment
Form EQU
The Bidder shall provide adequate information to demonstrate clearly that it has the capability to meet the requirements for the key Contractor’s equipment listed in Section III, Evaluation and Qualification Criteria. A separate Form shall be prepared for each item of equipment listed, or for alternative equipment proposed by the Bidder.
Item of equipment
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Equipment information | Name of manufacturer
| Model and power rating |
| Capacity
| Year of manufacture |
Current status | Current location
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| Details of current commitments
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Source | Indicate source of the equipment o Owned o Rented o Leased o Specially manufactured |
Omit the following information for equipment owned by the Bidder.
Owner | Name of owner | |
| Address of owner
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| Telephone | Contact name and title |
| Fax | Telex |
Agreements | Details of rental / lease / manufacture agreements specific to the project
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Functional Guarantees
Form FUNC
The Bidder shall copy in the left column of the table below, the identification of each functional guarantee required in the Specification and stated by the Employer in para. 1.2 (c) of Section III, Evaluation and Qualification Criteria, and in the right column, provide the corresponding value for each functional guarantee of the proposed plant and equipment.
Required Functional Guarantee | Value of Functional Guarantee of the Proposed Plant and Equipment |
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Personnel |
Form PER -1
Contractor’s Representative and other Key Personnel
Schedule
Bidders should provide the names of suitably qualified personnel to meet the specified requirements stated in Section VII. The data on their experience should be supplied using the Form below for each candidate.
*As listed in Section III, Evaluation and Qualification Criteria.
Contractor’ Representative and Key Personnel
| Title of position: Contractor’s Representative | |
| Name of candidate: | |
| Duration of appointment: | [insert the whole period (start and end dates) for which this position will be engaged] |
| Time commitment: for this position: | [insert the number of days/week/months/ that has been scheduled for this position] |
| Expected time schedule for this position: | [insert the expected time schedule for this position (e.g., attach high level Gantt chart] |
| Title of position: [Environmental Specialist] | |
| Name of candidate: | |
| Duration of appointment: | [insert the whole period (start and end dates) for which this position will be engaged] |
| Time commitment: for this position: | [insert the number of days/week/months/ that has been scheduled for this position] |
| Expected time schedule for this position: | [insert the expected time schedule for this position (e.g., attach high level Gantt chart] |
| Title of position: [Health and Safety Specialist] | |
| Name of candidate: | |
| Duration of appointment: | [insert the whole period (start and end dates) for which this position will be engaged] |
| Time commitment: for this position: | [insert the number of days/week/months/ that has been scheduled for this position] |
| Expected time schedule for this position: | [insert the expected time schedule for this position (e.g., attach high level Gantt chart] |
| Title of position: [Social Specialist] | |
| Name of candidate: | |
| Duration of appointment: | [insert the whole period (start and end dates) for which this position will be engaged] |
| Time commitment: for this position: | [insert the number of days/week/months/ that has been scheduled for this position] |
| Expected time schedule for this position: | [insert the expected time schedule for this position (e.g., attach high level Gantt chart] |
Title of position: Sexual Exploitation, Abuse and Harassment Expert [Where a Project SEA risks are assessed to be substantial or high, key personnel shall include an expert/s with relevant experience in addressing sexual exploitation, sexual abuse and sexual harassment cases] | ||
| Name of candidate | |
| Duration of appointment: | [insert the whole period (start and end dates) for which this position will be engaged] |
| Time commitment: for this position: | [insert the number of days/week/months/ that has been scheduled for this position] |
| Expected time schedule for this position: | [insert the expected time schedule for this position (e.g., attach high level Gantt chart] |
7. | Title of position: [insert title] |
Form PER-2
Resume of Proposed Personnel
Name of Bidder
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Position
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Personnel information | Name
| Date of birth |
| Professional qualifications
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Present employment | Name of employer
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| Address of employer
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| Telephone
| Contact (manager / personnel officer) |
| Fax
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| Job title
| Years with present employer |
Summarize professional experience over the last 20 years, in reverse chronological order. Indicate particular technical and managerial experience relevant to the project.
From | To | Company / Project / Position / Relevant technical and management experience |
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Proposed Subcontractors for Major Items of Plant and Installation Services
A list of major items of Plant and Installation Services is provided below.
The following Subcontractors and/or manufacturers are proposed for carrying out the item of the facilities indicated. Bidders are free to propose more than one for each item
Major Items of Plant and Installation Services | Proposed Subcontractors/Manufacturers | Nationality |
11kV auto reclosers supply |
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Telecommunications equipment (data radios and antennas) |
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Overhead line construction |
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Protection and SCADA |
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Others - Time Schedule
(to be used by Bidder when alternative Time for Completion is invited in ITB 13.2)
Bidders Qualification without prequalification
To establish its qualifications to perform the contract in accordance with Section III, Evaluation and Qualification Criteria the Bidder shall provide the information requested in the corresponding Information Sheets included hereunder.
Form ELI 1.1
Bidder Information Sheet
Date: ______________________
RFB No.: ___________________
Page ________ of _______ pages
1. Bidder’s Legal Name
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2. In case of JV, legal name of each party:
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3. Bidder’s actual or intended Country of Registration: |
4. Bidder’s Year of Registration: |
5. Bidder’s Legal Address in Country of Registration:
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6. Bidder’s Authorized Representative Information Name: Address: Telephone/Fax numbers: Email Address:
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7. Attached are copies of original documents of Articles of Incorporation (or equivalent documents of constitution or association), and/or documents of registration of the legal entity named above, in accordance with ITB 4.4 In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1 In case of state-owned enterprise or institution, in accordance with ITB 4.6, documents establishing:
8. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership. The successful Bidder shall provide additional information on beneficial ownership, using the Beneficial Ownership Disclosure Form. |
Form ELI 1.2
Party to JV Information Sheet
Date: ______________________
RFB No.: ___________________
Page ________ of_ ______ pages
1. Bidder’s Legal Name:
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2. JV’s Party legal name: |
3. JV’s Party Country of Registration: |
4. JV’s Party Year of Registration:
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5. JV’s Party Legal Address in Country of Registration:
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6. JV’s Party Authorized Representative Information Name: Address: Telephone/Fax numbers: Email Address:
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7. Attached are copies of original documents of Articles of Incorporation (or equivalent documents of constitution or association), and/or registration documents of the legal entity named above, in accordance with ITB 4.4. In case of a state-owned enterprise or institution, documents establishing legal and financial autonomy, operation in accordance with commercial law, and that they are not under the supervision of the Employer, in accordance with ITB 4.6. 8. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership. The successful Bidder shall provide additional information on beneficial ownership for each JV member using the Beneficial Ownership Disclosure Form. |
Form CON – 2
Historical Contract Non-Performance, Pending Litigation and Litigation History
Bidder’s Legal Name: _______________________ Date: _____________________
JV Member Legal Name: _______________________ ___________________
RFB No.: __________________
Page _______ of _______ pages
Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria | |||
Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1. Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1 | |||
Year | Non- performed portion of contract | Contract Identification
| Total Contract Amount (current value, currency, exchange rate and US$ equivalent) |
[insert year] | [insert amount and percentage] | Contract Identification: [indicate complete contract name/ number, and any other identification] Name of Employer: [insert full name] Address of Employer: [insert street/city/country] Reason(s) for nonperformance: [indicate main reason(s)] | [insert amount] |
Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria | |||
No pending litigation in accordance with Sub-Factor 2.3. | |||
Pending litigation in accordance with Sub-Factor 2.3 as indicated below. |
Year of dispute | Amount in dispute (currency) | Contract Identification | Total Contract Amount (currency), USD Equivalent (exchange rate) | ||
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| Contract Identification: _________ Name of Employer: ____________ Address of Employer: __________ Matter in dispute: ______________ Party who initiated the dispute: ____ Status of dispute: ___________ |
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| Contract Identification: Name of Employer: Address of Employer: Matter in dispute: Party who initiated the dispute: Status of dispute: |
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Litigation History in accordance with Section III, Evaluation and Qualification Criteria | |||||
No Litigation History in accordance with Sub-Factor 2.4. Litigation History in accordance with Sub-Factor 2.4 as indicated below. | |||||
Year of award | Outcome as percentage of Net Worth | Contract Identification | Total Contract Amount (currency), USD Equivalent (exchange rate) | ||
[insert year] | [insert percentage] | Contract Identification: [indicate 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)] | [insert amount] | ||
Form CON – 3
Environmental and Social Performance Declaration
[The following table shall be filled in for the Bidder, each member of a Joint Venture and each Specialized Subcontractor]
Bidder’s Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Member’s or Specialized Subcontractor’s Name: [insert full name]
RFB No. and title: [insert RFB number and title]
Page [insert page number] of [insert total number] pages
Environmental and Social Performance Declaration in accordance with Section III, Evaluation and Qualification Criteria | |||
No suspension or termination of contract: An employer has not suspended or terminated a contract and/or called the performance security for a contract for reasons related to Environmental or Social (ES) performance since the date specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.5. Declaration of suspension or termination of contract: The following contract(s) has/have been suspended or terminated and/or Performance Security called by an employer(s) for reasons related to Environmental or Social (ES) performance since the date specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.5. Details are described below: | |||
Year | Suspended or terminated portion of contract | Contract Identification
| Total Contract Amount (current value, currency, exchange rate and US$ equivalent) |
[insert year] | [insert amount and percentage] | Contract Identification: [indicate complete contract name/ number, and any other identification] Name of Employer: [insert full name] Address of Employer: [insert street/city/country] Reason(s) for suspension or termination: [indicate main reason(s) e.g., gender-based violence; sexual exploitation or sexual abuse breaches] | [insert amount] |
[insert year] | [insert amount and percentage] | Contract Identification: [indicate complete contract name/ number, and any other identification] Name of Employer: [insert full name] Address of Employer: [insert street/city/country] Reason(s) for suspension or termination: [indicate main reason(s)] | [insert amount] |
… | … | [list all applicable contracts] | … |
Performance Security called by an employer(s) for reasons related to ES performance | |||
Year | Contract Identification
| Total Contract Amount (current value, currency, exchange rate and US$ equivalent) | |
[insert year] | Contract Identification: [indicate complete contract name/ number, and any other identification] Name of Employer: [insert full name] Address of Employer: [insert street/city/country] Reason(s) for calling of performance security: [indicate main reason(s) e.g., for gender-based violence; sexual exploitation, or sexual abuse breaches] | [insert amount] | |
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Form CON – 4
Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment Performance Declaration
[The following table shall be filled in by the Bidder, each member of a Joint Venture and each subcontractor proposed by the Bidder]
Bidder’s Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Member’s or Subcontractor’s Name: [insert full name]
RFB No. and title: [insert RFB number and title]
Page [insert page number] of [insert total number] pages
SEA and/or SH Declaration in accordance with Section III, Evaluation and Qualification Criteria |
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. |
[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the issues underlying the disqualification.] |
Form CCC
Current Contract Commitments / Works in Progress
Bidders and each member to a JV should provide information on their current commitments on all contracts that have been awarded, or for which a letter of intent or acceptance has been received, or for contracts approaching completion, but for which an unqualified, full completion certificate has yet to be issued.
Name of contract | Employer, contact address/tel/fax | Value of outstanding work (current US$ equivalent) | Estimated completion date | Average monthly invoicing over last six months |
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etc.
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Form FIN – 3.1
Financial Situation
Historical Financial Performance
Bidder’s Legal Name: _______________________ Date: _____________________
JV Member Legal Name: _______________________ RFB No.: __________________
Page _______ of _______ pages
To be completed by the Bidder and, if JV, by each member
Financial information in US$ equivalent | Historic information for previous ______ (__) years (US$ equivalent in 000s) | ||||
| 2022/23 | 2023/24 | 2024/25 | Avg. | Avg. Ratio |
Information from Balance Sheet | |||||
Total Assets (TA) |
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Total Liabilities (TL) |
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Net Worth (NW) |
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Current Assets (CA) |
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Current Liabilities (CL) |
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Information from Income Statement | |||||
Total Revenue (TR) |
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Profits Before Taxes (PBT) |
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Attached are copies of financial statements (balance sheets, including all related notes, and income statements) for the years required above complying with the following conditions:
Form FIN – 3.2
Average Annual Turnover
Bidder’s Legal Name: ___________________________ Date: _____________________
JV Member Legal Name: ____________________________ RFB No.: __________________
Page _______ of _______ pages
Annual turnover data | ||
Year | Amount and Currency | US$ equivalent |
2022/23 | _________________________________________ | ____________________ |
2023/24 | _________________________________________ | ____________________ |
2024/25 | _________________________________________ | ____________________ |
*Average Annual Turnover | _________________________________________ | ____________________ |
*Average annual turnover calculated as total certified payments received for work in progress or completed, divided by the number of years specified in Section III, Evaluation Criteria, Sub-Factor 2.3.2.
Form FIN3.3
Financial Resources
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and other financial means, net of current commitments, available to meet the total cash flow demands of the subject contract or contracts as indicated in Section III, Evaluation and Qualification Criteria
Source of financing | Amount (US$ equivalent) |
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Form EXP 4.1
Experience
General Experience
Bidder’s Legal Name: ____________________________ Date: _____________________
JV Member Legal Name: ____________________________ RFB No.: __________________
Page _______ of _______ pages
Starting Month / Year | Ending Month / Year |
Years* | Contract Identification
| Role of Bidder |
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| Contract name: Brief Description of the contract performed by the Bidder: Name of Employer: Address: |
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| Contract name: Brief Description of the contract performed by the Bidder: Name of Employer: Address: |
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| Contract name: Brief Description of the contract performed by the Bidder: Name of Employer: Address: |
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| Contract name: Brief Description of the contract performed by the Bidder: Name of Employer: Address: |
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| Contract name: Brief Description of the contract performed by the Bidder: Name of Employer: Address: |
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| Contract name: Brief Description of the contract performed by the Bidder: Name of Employer: Address: |
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*List calendar year for years with contracts with at least nine (9) months activity per year starting with the earliest year
Form EXP –4.2(a)
Specific Experience
Bidder’s Legal Name: ___________________________ Date: _____________________
JV Member Legal Name: _________________________ RFB No.: __________________
Page _______ of _______ pages
Similar Contract Number: ___ of ___ required. |
| Information | ||||
Contract Identification |
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Award date Completion date |
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Role in Contract | Prime Contractor | Member in
| Management Contractor | Subcontractor |
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Total contract amount | US$__________ | |||||
If member in a JV or subcontractor, specify participation of total contract amount |
______% |
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US$_______ |
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Employer’s Name: |
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Address:
Telephone/fax number: E-mail: |
| _______________________________________ _______________________________________ _______________________________________ _______________________________________ | ||||
Form EXP –4.2(a) (cont.)
Specific Experience (cont.)
Bidder’s Legal Name: ___________________________ Page _______ of _______ pages
JV Member Legal Name: ___________________________
Similar Contract No. __[insert specific number] of [total number of contracts] ___ required | Information |
Description of the similarity in accordance with Sub-Factor 4.2a) of Section III: |
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Amount | _________________________________ |
Physical size | _________________________________ |
Complexity | _________________________________ |
Methods/Technology | _________________________________ |
Physical Production Rate
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Form EXP –4.2(b)
Specific Experience in Key Activities
Bidder’s Legal Name: ___________________________ Date: _____________________
JV Member Legal Name: _________________________ RFB No.: __________________
Subcontractor’s Legal Name: ______________ Page _______ of _______ pages
| Information | ||
Contract Identification | _______________________________________ | ||
Award date Completion date | _______________________________________ _______________________________________ | ||
Role in Contract | Prime Contractor | Management Contractor |
Subcontractor
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Total contract amount | US$________ | ||
If member in a JV or subcontractor, specify participation of total contract amount |
__________% |
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US$________ |
Employer’s Name: | _______________________________________ | ||
Address:
Telephone/fax number: E-mail: | _______________________________________ _______________________________________ _______________________________________ _______________________________________ |
Form EXP –4.2 (b)(cont.)
Specific Experience in Key Activities (cont.)
Bidder’s Legal Name: ___________________________ Page _______ of _______ pages
JV Member Legal Name: ___________________________
Subcontractor’s Legal Name: __________________________
| Information |
Description of the key activities in accordance with Sub-Factor 4.2b) of Section III: |
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Form EXP –4.2(c)
Specific Experience in Managing ES aspects and any additional sustainable procurement aspects
Bidder’s Legal Name: ___________________________ Date: _____________________
JV Member Legal Name: _________________________ RFB No.: __________________
Subcontractor’s Legal Name: ______________ Page _______ of _______ pages
____________________
Contract Identification |
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Award date |
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Completion date |
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Role in Contract
| Prime Contractor | Member in | Management Contractor | Subcontractor |
Total Contract Amount | US$ ____________ | |||
Details of relevant experience |
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Form of Bid Security
Form of Bid Security – Bank Guarantee
[The bank shall fill in this Bank Guarantee Form in accordance with the instructions indicated.]
[Guarantor letterhead or SWIFT identifier code]
Beneficiary: [Employer to insert its name and address]
RFB No.:[Employer to insert reference number for the Request for Bids]
Alternative No.: [Insert identification No if this is a Bid for an alternative]
Date:[Insert date of issue]
BID GUARANTEE No.:[Insert guarantee reference number]
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]
We have been informed that ______ [insert name of the Bidder, which in the case of a joint venture shall be the name of the joint venture (whether legally constituted or prospective) or the names of all members thereof](hereinafter called "the Applicant") has submitted or will submit to the Beneficiary its Bid (hereinafter called "the Bid") for the execution of ________________ under RFB No. ____________
Furthermore, we understand that, according to the Beneficiary’s conditions, Bids must be supported by a Bid guarantee.
At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of ___________ (____________) upon receipt by us of the Beneficiary’s complying demand, supported by the Beneficiary’s statement, whether in the demand itself or a separate signed document accompanying or identifying the demand, stating that either the Bidder:
(a) has withdrawn its Bid prior to the Bid validity expiry date set forth in the Applicant’s Letter of Bid, or any extended date provided by the Applicant; or
(b) having been notified of the acceptance of its Bid by the Beneficiary prior to the expiry date of the Bid validity or any extension thereto provided by the Applicant, (i) has failed to execute the Contract Agreement, or (ii) has failed to furnish the Performance Security, in accordance with the Instructions to Bidders (“ITB”) of the Beneficiary’s bidding document.
This guarantee will expire: (a) if the Applicant is the successful Bidder, upon our receipt of copies of the contract agreement signed by the Applicant and the Performance Security issued to the Beneficiary in relation to such contract agreement; or (b) if the Applicantis not the successful Bidder, upon the earlier of (i) our receipt of a copy of the Beneficiary’s notification to the Applicant of the results of the Bidding process; or (ii)twenty-eight days after the expiry date of the Bid validity.
Consequently, any demand for payment under this guarantee must be received by us at the office indicated above on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758.
_____________________________
[Signature(s)]
Note: All italicized text is for use in preparing this form and shall be deleted from the final product.
Manufacturer’s Authorization
Date: __________________
RFB No.: _________________
To: ________________________
WHEREAS
We ___________________, who are official manufacturers of____________________, having factories at _____________________, do hereby authorize ______________________ to submit a Bid the purpose of which is to provide the following goods, manufactured by us _______________________, and to subsequently negotiate and sign the Contract.
We hereby extend our full guarantee and warranty in accordance with Clause 27 of the General Conditions, with respect to the goods offered by the above firm.
Signed: _______________________________________
Name: ______________________________________
Title:______________________________________
Duly authorized to sign this Authorization on behalf of: ______________________________________
Dated on ____________ day of __________________, _______
INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE DOCUMENT The Bidder must prepare this Letter of Bid on stationery with its letterhead clearly showing the Bidder’s complete name and business address. Note: All italicized text is to help Bidders in preparing this form. |
Letter of Bid - Financial Part
Date of this Bid submission: [insert date (as day, month and year) of Bid submission]
Request for Bid No.: [insert identification]
Alternative No.: [insert identification No if this is a Bid for an alternative]
To: [insert complete name of Employer]
We, the undersigned, hereby submit the second part of our Bid, the Bid Price and Bill of Quantities. This accompanies the Letter of Bid- Technical Part.
In submitting our Bid, we make the following additional declarations:
[Option 1, in case of one lot:] Total price is: [insert the total price of the Bid in words and figures, indicating the various amounts and the respective currencies];
Or
[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];
(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];
Name of Recipient | Address | Reason | Amount |
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(If none has been paid or is to be paid, indicate “none.”)
Name of the Bidder:*[insert complete name of the Bidder]
Name of the person duly authorized to sign the Bid on behalf of the Bidder: ** [insert complete name of person duly authorized to sign the Bid]
Title of the person signing the Bid: [insert complete title of the person signing the Bid]
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 Bid submitted by a Joint Venture specify the name of the Joint Venture as Bidder.
**: Person signing the Bid shall have the power of attorney given by the Bidder. The power of attorney shall be attached with the Bid Schedules
Schedule of Rates and Prices
Price schedule to be accessed from the following link:
11kV Auto Reclosers
Schedule No. 1. Plant and Mandatory Spare Parts Supplied from Abroad
Country of Origin Declaration Form
Schedule No. 2. Plant and Mandatory Spare Parts Supplied from Within the Employer’s Country
1 Specify currency in accordance with specifications in Bid Data Sheet under ITB 18.1 |
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Schedule No. 3. Design Services
Schedule No. 4. Installation and Other Services
Schedule No. 5. Grand Summary
Price Adjustment
If price adjustment applies in accordance with ITB 17.9, the Bidder shall indicate the sources of indices and source of exchange rate (if applicable) and the base date indices in its Bid.
Item | Source of Indices | Base date Indices | Source of exchnage rate (if applicable) |
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Section V - Eligible Countries
Eligibility for the Provision of Goods, Works and Non-Consulting Services in
Bank-Financed Procurement
In reference to ITB 4.8 and 5.1, for the information of the Bidders, at the present time firms, goods and services from the following countries are excluded from this Bidding process: None
Under ITB 4.8 (a) and 5.1: None
Section VI - Fraud and Corruption
(this Section shall not be changed)
PART 2 - Employer’s Requirements
Section VII - Employer’s Requirements |
Contents
Scope of Supply of Plant and Installation Services by the Contractor. 160
Specification. 161
Forms and Procedures. 168
Form of Completion Certificate. 169
Change Order Procedure and Forms. 171
Change Order Procedure. 172
Annex 1. Request for Change Proposal 173
Annex 2. Estimate for Change Proposal 175
Annex 3. Acceptance of Estimate. 177
Annex 4. Change Proposal 178
Annex 5. Change Order 181
Annex 7. Application for Change Proposal 184
Drawings. 186
Supplementary Information. 187
Scope of Supply of Plant and Installation Services by the Contractor
The scope covers the design, supply, equipment installation and commissioning of the 13 pole mounted 11kV auto-reclosers as per the configuration shown in the figure below. The scope highlighted below is a guide to the bidder and any tasks necessary to deliver the project as per the bidder’s design should be included in the scope to be submitted.
The following is to be done by the supplier.
Note: In certain instances, use the nearest substation with UMUX Interface.
The following will have to be procured for the project.
Externally (Provided by supplier):
Internal (To be supplied by EEC).
Construction (Supplier):
Protection (bidder):
Telecommunications (Supplier):
SCADA (Supplier):
Provide formal training on the equipment as well. This should be specified in the quotation for the project. The training should be done before project implementation (State the period for training on the breaker, control unit and any other training that might be required for the project). Training should cover 25 technicians from the different sections internally (SCADA, Protection, Switchgear, Distribution, Telecoms).
The bidders are expected to provide a methodology showing how the design, construction, installation and commissioning exercise will be carried out. Include block diagrams where appropriate showing how the entire system integrates. This will indicate the level of understanding of what is expected from the Plant design, supply and installation Contractor.
Specification
This specification covers the requirements for an automatic electrically controlled three phase vacuum recloser for distribution systems. The recloser is intended for radial, loop, and meshed networks.
3.2.1 Manufacturer qualifications: The chosen manufacturer shall have at least 10 years’ experience in manufacturing vacuum reclosers. The manufacturer of the reclosers shall be completely and solely responsible for the performance of the reclosers as a complete integrated assembly as rated.
3.2.2 Main recloser components such as circuit breaker, vacuum interrupters, current and voltage sensors, control cubicle and software shall be manufactured by the same manufacturer.
3.2.3 The manufacturer shall be able to submit the confirmation of certification or ratings of the reclosers upon request.
3.2.4 The recloser shall be manufactured and type tested according to requirements of applicable industry standards:
a) IEC 62271-111
b) IEEE C37.60
3.2.5 The recloser manufacturing process shall be complying with the standard ISO 9001, Quality Management System.
3.2.6 The type test reports should be issued not more than 5 years before the submission date.
3.2.7 The manufacturer shall provide minimum 5-year warranty for all components provided.
3.2.8 The circuit breaker shall be maintenance free over a total life expectancy.
3.3 Delivery, storage, and handling
3.3.1 Packing components shall not contain any materials that are hazardous to the environment or personnel. No special methods of disposal shall be required.
3.3.2 All recloser components including circuit breaker, control cubicle, installation frame, pole interface provisions, fasteners shall be delivered in a single package made of recyclable materials.
3.3.3 The package gross weight shall not exceed 300 kg.
3.3.4 It shall be possible to stack at least two original packages during transportation and storage.
3.3.5 The package shall allow stapling and outdoor storage in case indoor storage is unavailable. Unpacked and assembled equipment shall be storable outdoor for not less than 1 year without additional treatment before installation.
3.3.6 All recloser components shall be installed, assembled, and tested in accordance with the requirements of current specification. The recloser shall be delivered fully assembled on the mounting frame and ready for the installation.
3.3.7 The recloser installation kit shall be designed to reduce the number of lifting operations.
3.4 Technical Specification
3.4.1 General
3.4.1.1 Technical parameters
a) | Rated maximum voltage, kV | 12…15 |
d) | Rated lightning impulse withstand voltage (peak), kV | 110 |
e) | Rated continuous current, A | 630 |
h) | Rated short-circuit breaking current, kA | 16 |
i) | Rated peak withstand current, kA | 41.6 |
j) | Rated short time withstand current, kA | 16 |
k) | Rated duration of short circuit, s | 4 |
l) | Rated frequency, Hz | 50 |
3.4.1.2 Power supply characteristics
a) | Supply voltage range shall not be less than, V | 85 … 265 AC 110 … 220 DC |
b) | Rated power consumption shall not exceed, VA | 40 |
c) | Maximum power consumption shall not exceed, VA | 75 |
d) | Duration of operation without auxiliary supply shall be not less than, hours | 48 |
3.4.2 Recloser control
3.4.2.1 The recloser operation shall be controlled by electronic control modules.
3.4.2.2 The recloser control shall provide the following functions: measurement, protection, monitoring, and remote communication.
3.4.2.3 The recloser control air circulation and dehydration shall be organized to avoid using any humidity control devices or heaters.
3.4.2.4 The external and internal doors shall be able to be securely fixed in the open position.
3.4.2.5 It shall be possible to connect the laptop with configuration software by means of serial interface (USB, RS232).
3.4.2.6 Ethernet (RJ45), Optical Ethernet (SC) SCADA and wireless local engineering access interfaces (Bluetooth, Wi-Fi) shall be available for ordering optionally.
3.4.2.7 The recloser control shall be equipped with a prewired provision for power supply outlet installation. Socket shall be MCB protected.
3.4.2.8 The recloser control shall be equipped with a removable provision for communication equipment installation. It shall be located at the top of the controller and provide at least 326x180x108mm space for communication equipment. Stationary provision is not accepted.
3.4.2.9 The recloser control shall be equipped with the control panel module. The module shall provide local control and indication functions by LED, display, and buttons.
3.4.2.10 The local control panel module shall be equipped with USB A interface.
3.4.2.11 The control panel box shall have a provision for a padlock.
3.4.3 Rechargeable Battery
3.4.3.1 The recloser shall be supplied with rechargeable battery to provide the recloser control with auxiliary power when the main auxiliary power is not present.
3.4.3.2 The battery shall be of a sealed lead acid.
3.4.4.3 The battery shall provide ten full auto reclosing cycles for the recloser without auxiliary power supply.
3.4.4 Protection
The auto-recloser shall have the following protection functionalities but not limited to:
3.4.5 Communication
The recloser control shall provide:
3.4.5.1 PMR Telecoms Integration
1 General Integration
2 Equipment and Hardware Requirements
3.4.5.2 SCADA/Telemetry Integration
The PMR panel/controller shall have the following interfaces/ports
Port | Physical Interface | Typical Use |
USB | USB Type-B (front panel) | Local engineering |
RS-232 Port | DB9 | SCADA serial communications (DNP3 Serial, IEC60870-5-101) |
Ethernet | RJ45 10/100 Mbps | SCADA over DNP3 TCP, IEC 60870-5-104 |
RS-485 | Optional | Third-party modem or serial communications |
The following are key cybersecurity requirements;
Environmental and Social (ES) requirements
The project Environmental and Social Safeguards and tentative Contractor – Environment & Social Management Plan templates can be accessed in the following link:
11kV Auto Reclosers
1. ENVIRONMENTAL AND SOCIAL MANAGEMENT REQUIREMENTS
The Contractor shall comply with all environmental impact prevention and mitigation measures outlined in the Environmental and Social Management Framework (ESMF) as described herein. Where there is a conflict of requirements, the prevention and mitigation measures listed in the ESMF shall govern.
The Contractor (and sub-contractors) will need to adopt this ESMF and prepare a comprehensive Contractor’s (Construction) Environment and Social Management Plan (CESMP) that will provide the key reference point for compliance.
The Project Applicant, namely the EEC, is responsible for ensuring that the Contractor Team’s execution of the construction phase activities is compliant with the conditions of the ESMF and CESMP. The Contractor must therefore ensure compliance with the ESMF, CESMP, LMP, SEP, SEA/SH Action Plan, GRM Procedure and the OCHSIP at all times during construction activities and maintain environmental and social incidents and GRM registers which keeps a record of all environmental and social incidents as well as community/worker grievances that occur on the site during the installation of the 11kV auto reclosers contracts. These incidents may include:
The Contractor is also responsible for the implementation of corrective actions issued by the Employer within a reasonable or agreed upon period of time.
Within the first 15 days following contract signing, the Contractor shall present an C-ESMP Implementation Plan. The Plan shall be submitted to the Employer for approval prior to the start of the construction works. The Contractor ESMP shall contain, at a minimum but not limited to, the following components:
Any deviations from the approved Contractor’s (Construction) ESMP must be submitted to the Employer for approval.
Compliance with requirements established in General Condition of Contract (GCC)
The Environmental and Social requirements shall be prepared in a manner that does not conflict with the relevant General Conditions of Contract and Particular Conditions of Contract, and in particular:
GCC | Sub-Clause/Clause | Remarks |
9.10 | Training of Contractor’s Personnel | The Contractor shall ensure that all Contractor personnel receive mandatory training on Environmental and Social (E&S) requirements prior to commencement of works. Training shall include, at a minimum: (i) CESMP obligations; (ii) pollution prevention and waste management; (iii) community health and safety risks; (iv) SEA/SH awareness and Code of Conduct; (v) grievance redress procedures; and (vi) emergency preparedness and response. Refresher training and toolbox talks shall be conducted periodically. |
20 | Design and Engineering | The Contractor shall ensure that all designs comply with applicable national legislation, Environmental Authorization conditions, and World Bank ESF requirements (particularly ESS4). Designs shall: (i) incorporate climate resilience measures (e.g. flood risk, extreme weather tolerance); (ii) ensure universal access where applicable; (iii) minimize environmental footprint and vegetation clearing; (iv) assess and mitigate risks to the public from operational hazards; and (v) comply with applicable engineering and safety certification standards. All designs shall be reviewed and approved prior to implementation.
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22.2.4 | Rates of wages and conditions of labor | The Contractor shall comply with the Labour Management Procedures (LMP), national labour laws, and ESS2 requirements. This includes: (i) fair wages in line with national minimum standards; (ii) safe and decent working conditions; (iii) prohibition of child labour and forced labour; (iv) non-discrimination and equal opportunity; and (v) provision of written contracts to all workers.
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22.2.6 | Facilities for Staff and Labor | The Contractor shall provide adequate facilities for all personnel, including: (i) safe drinking water; (ii) sanitary and washing facilities segregated where appropriate; (iii) waste management systems; (iv) first aid and medical access; and (v) where accommodation is required, it shall meet GIIP and national standards. Facilities shall be culturally appropriate and accessible, and shall not create environmental or social risks to surrounding communities (ESS2 & ESS4).
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22.8 | Security of the Site | The Contractor shall establish security arrangements consistent with ESS4 and GIIP. Security measures shall be proportionate to the level of risk and shall respect human rights. The Contractor shall: (i) avoid use of excessive force; (ii) train security personnel on Code of Conduct and SEA/SH prevention; (iii) coordinate with local authorities; and (iv) ensure security does not restrict community access unnecessarily. All incidents involving security personnel shall be recorded and reported.
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22.9 | Protection of the Environment | The Contractor shall implement all necessary measures to prevent pollution and environmental degradation in accordance with ESS3 and national legislation. The following limits and controls shall apply:
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22.11 | Cultural Heritage Findings
| The Contractor shall implement a Chance Finds Procedure in accordance with ESS8. In the event of discovery of cultural heritage resources:
Works shall only resume upon formal clearance.
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2. Environmental Monitoring and Reporting Requirements
The Contractor shall establish and implement an Environmental Monitoring and Reporting Programme as part of the CESMP to ensure compliance with environmental requirements and to verify the effectiveness of mitigation measures in accordance with ESS1 of the World Bank ESF and applicable national legislation.
Environmental monitoring shall be risk-based, proportionate to the scale and nature of the works, and shall cover all significant environmental aspects associated with construction activities.
a) Monitoring Parameters
The monitoring programme shall include, at a minimum, the following parameters (where applicable):
Environmental monitoring is essential to assess impacts such as air, water, soil, and noise pollution arising from construction activities and to ensure mitigation measures are effective.
b) Monitoring Frequency and Methods
The Contractor shall:
c) Environmental Registers and Records
The Contractor shall maintain up-to-date records, including:
d) Reporting Requirements
The Contractor shall:
Maintain records for audit and inspection purposes.
e) Non-Compliance and Corrective Actions
Where monitoring identifies non-compliance:
f) Roles and Responsibilities
A Rehabilitation Plan shall also be prepared, which shall include preliminary designs on the temporary and permanent landscaping plan during both the construction and post-construction maintenance period. The landscape plan shall cover all project works which may affect vegetation and natural landform (e.g. borrow pits, disposal sites and temporary and stockpiling areas). Sensitive locations and areas where landscaping works are required both during construction and after the construction shall be identified and incorporated into the design.
3. Environmental and Social Implementation Plans (MSIPs)
The Contractor shall prepare a Construction Environmental and Social Management Plan, implementation plan, referred to, in this document as CESMP implementation plan based on the Project ESMF.
4. Requirements for competence of Environmental and Social Specialist
Contractor shall certify that:
5. Applicable ESS Documents for CESMP
Contractor shall use and apply when establishing the Contractor’s (Construction) ESMP the following project documents:
6. ENVIRONMENTAL MANAGEMENT REQUIREMENTS
The Contractor shall implement all environmental management measures in accordance with:
(a) Environmental Compliance and Permitting
The Contractor shall:
(b) Pollution Prevention and Resource Efficiency & Management (ESS3)
The Contractor shall implement measures to prevent, minimize, and control pollution, including:
(c) Soil, Land and Vegetation Management
The Contractor shall:
d) Biodiversity Conservation and Sustainable Management of Living Natural Resources (ESS6)
The Contractor shall:
e) Management of Construction Sites and Camps
The Contractor shall:
f) Traffic and Transport Management (ESS4 link)
The Contractor shall:
g) Chance Finds Procedure (ESS8 link)
In the event of chance finds (cultural or natural heritage):
h) Environmental Training and Awareness
The Contractor shall:
i) Emergency Preparedness and Response
The Contractor shall:
7. OCCUPATIONAL HEALTH & SAFETY REQUIREMENTS
Health, Safety plan and Coordination
The Contractor shall be fully responsible for ensuring the safety and health of all workmen and other persons in or around the works site. All activities shall be carried out in compliance with national legislation, OCHSIP, World Bank ESF, (ESS 2 and ESS 4) in accordance with the existing legislation.
The Contractor shall prepare, submit, and implement a site-specific Occupational Health and Safety (OHS) Management Plan (SHE File) consistent with the OCHSIP, prior to commencement of works. The plan shall, at a minimum, include the following components:
This plan must also be compliant with:
Plan Scope and Content
The OHS Plan shall:
The Draft OHS Plan submitted at tender stage shall demonstrate the Contractor’s approach and capacity but may exclude detailed site-specific documentation (e.g., MSDS, equipment manuals). The Final OHS Plan, submitted prior to commencement of Works, shall be comprehensive and site-specific.
8. Safety Management Personnel
The Contractor shall appoint a qualified and experienced Safety and Health Coordinator (SHC) who shall:
Have full authority to enforce OHS requirements and to stop any unsafe work;
Be supported by an adequately resourced and competent safety team appropriate to the scale and risk of the Works.
The proposed SHC and safety team shall not be replaced or reduced without prior approval, and any replacement shall have equal or higher qualifications and experience.
Evaluation of OHS Plan
The adequacy of the Contractor’s OHS Plan will be evaluated during tender assessment, taking into account:
9. Social Standards Requirements
The Contractor shall implement all social risk management measures in accordance with the World Bank Environmental and Social Framework (ESF), specifically ESS2 (Labour and Working Conditions), ESS4 (Community Health and Safety), ESS10 (Stakeholder Engagement and Information Disclosure) as well as the project’s Gender Action Plan (GAP).
The Contractor shall develop (in alignment with available project instruments) and comply with all project-specific instruments, including the:
These requirements shall be implemented as part of the Contractor’s CESMP and maintained throughout the duration of the works
a) Labour and Working Conditions (ESS2)
The Contractor shall:
b) Community Health and Safety (ESS4)
The Contractor shall:
d) Stakeholder Engagement and Information Disclosure (ESS10)
The Contractor shall:
e) Grievance Management and Reporting
The Contractor shall:
f) Monitoring and Compliance
The Contractor shall:
Contractor’s Representative and Key Personnel
The Bidder must demonstrate that it will have the personnel for the key positions that meet the following requirements:
Contractor’s Representative and Key Personnel
Item No. | Position/specialization | Relevant academic qualifications | Minimum years of relevant work experience |
1 | Contractor’s Representative/ Project manager | Bachelors in (Electrical Engineering) | 5 |
2. | Site Manager/ Construction Manager | Diploma Electrical/Electronic Engineering; | 5 |
Tele-Communication Specialist | Diploma Electrical/Electronic Engineering; | 10 | |
Protection Specialist | Diploma Electrical/Electronic Engineering; | 10 | |
SCADA Specialist | Diploma Electrical/Electronic Engineering; | 10 | |
6. | Environmental and Social expert | Bachelors/Masters in Environment Management, Sciences | 5 |
7. | Health and Safety officer | Bachelors in Environmental Sciences )/Any other degree with Occupational Health | 5 |
Forms and Procedures
Form of Completion Certificate
Date:
Loan/Credit No:
RFB No:
To: _________________________________
Dear Ladies and/or Gentlemen,
Pursuant to GCC Clause 24 (Completion of the Facilities) of the General Conditions of the Contract entered into between yourselves and the Employer dated _____________, relating to the ____________________, we hereby notify you that the following part(s) of the Facilities was (were) complete on the date specified below, and that, in accordance with the terms of the Contract, the Employer hereby takes over the said part(s) of the Facilities, together with the responsibility for care and custody and the risk of loss thereof on the date mentioned below.
1. Description of the Facilities or part thereof: ______________________________
2. Date of Completion: __________________
However, you are required to complete the outstanding items listed in the attachment hereto as soon as practicable.
This letter does not relieve you of your obligation to complete the execution of the Facilities in accordance with the Contract nor of your obligations during the Defect Liability Period.
Very truly yours,
Title
(Project Manager)
Form of Operational Acceptance Certificate
Date:
Loan/Credit No:
RFB No:
_________________________________________
To: ________________________________________
Dear Ladies and/or Gentlemen,
Pursuant to GCC Sub-Clause 25.3 (Operational Acceptance) of the General Conditions of the Contract entered into between yourselves and the Employer dated _______________, relating to the ___________________________________, we hereby notify you that the Functional Guarantees of the following part(s) of the Facilities were satisfactorily attained on the date specified below.
1. Description of the Facilities or part thereof: _______________________________
2. Date of Operational Acceptance: _______________________
This letter does not relieve you of your obligation to complete the execution of the Facilities in accordance with the Contract nor of your obligations during the Defect Liability Period.
Very truly yours,
Title
(Project Manager)
Change Order Procedure and Forms
Date:
Loan/Credit No:
RFB No:
CONTENTS
1. General
2. Change Order Log
3. References for Changes
ANNEXES
Annex 1 Request for Change Proposal
Annex 2 Estimate for Change Proposal
Annex 3 Acceptance of Estimate
Annex 4 Change Proposal
Annex 5 Change Order
Annex 6 Pending Agreement Change Order
Annex 7 Application for Change Proposal
Change Order Procedure
1. General
This section provides samples of procedures and forms for implementing changes in the Facilities during the performance of the Contract in accordance with GCC Clause 39 (Change in the Facilities) of the General Conditions.
2. Change Order Log
The Contractor shall keep an up-to-date Change Order Log to show the current status of Requests for Change and Changes authorized or pending, as Annex 8. Entries of the Changes in the Change Order Log shall be made to ensure that the log is up-to-date. The Contractor shall attach a copy of the current Change Order Log in the monthly progress report to be submitted to the Employer.
3. References for Changes
(1) Request for Change as referred to in GCC Clause 39 shall be serially numbered CR-X-nnn.
(2) Estimate for Change Proposal as referred to in GCC Clause 39 shall be serially numbered CN-X-nnn.
(3) Acceptance of Estimate as referred to in GCC Clause 39 shall be serially numbered CA-X-nnn.
(4) Change Proposal as referred to in GCC Clause 39 shall be serially numbered CP-X-nnn.
(5) Change Order as referred to in GCC Clause 39 shall be serially numbered CO-X-nnn.
Note: (a) Requests for Change issued from the Employer’s Home Office and the Site representatives of the Employer shall have the following respective references:
Home Office CR-H-nnn
Site CR-S-nnn
(b) The above number “nnn” is the same for Request for Change, Estimate for Change Proposal, Acceptance of Estimate, Change Proposal and Change Order.
Annex 1. Request for Change Proposal
(Employer’s Letterhead)
To: ____________________________________ Date:
Attention: ______________________________________
Contract Name: _________________________________
Contract Number: _______________________________
Dear Ladies and/or Gentlemen:
With reference to the captioned Contract, you are requested to prepare and submit a Change Proposal for the Change noted below in accordance with the following instructions within _______________ days of the date of this letter____________________.
1. Title of Change: ________________________
2. Change Request No. __________________
3. Originator of Change: Employer: _______________________________
Contractor (by Application for Change Proposal No. _______[12]:
4. Brief Description of Change: _________________________________________________
5. Facilities and/or Item No. of equipment related to the requested Change: _____________
6. Reference drawings and/or technical documents for the request of Change:
Drawing No./Document No. Description
7. Detailed conditions or special requirements on the requested Change: ________________
8. General Terms and Conditions:
(a) Please submit your estimate to us showing what effect the requested Change will have on the Contract Price.
(b) Your estimate shall include your claim for the additional time, if any, for completion of the requested Change.
(c) If you have any opinion negative to the adoption of the requested Change in connection with the conformability to the other provisions of the Contract or the safety of the Plant or Facilities, please inform us of your opinion in your proposal of revised provisions.
(d) Any increase or decrease in the work of the Contractor relating to the services of its personnel shall be calculated.
(e) You shall not proceed with the execution of the work for the requested Change until we have accepted and confirmed the amount and nature in writing.
(Employer’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
Annex 2. Estimate for Change Proposal
(Contractor’s Letterhead)
To: ______________________________ Date:
Attention: _______________________________
Contract Name: _______________________________
Contract Number: _____________________________
Dear Ladies and/or Gentlemen:
With reference to your Request for Change Proposal, we are pleased to notify you of the approximate cost of preparing the below-referenced Change Proposal in accordance with GCC Sub-Clause 39.2.1 of the General Conditions. We acknowledge that your agreement to the cost of preparing the Change Proposal, in accordance with GCC Sub-Clause 39.2.2, is required before estimating the cost for change work.
1. Title of Change: ________________________
2. Change Request No./Rev.: ____________________________
3. Brief Description of Change: __________________________
4. Scheduled Impact of Change: ___________________________
5. Cost for Preparation of Change Proposal: _______________[13]
(a) Engineering (Amount)
(i) Engineer hrs x rate/hr =
(ii) Draftsperson hrs x rate/hr =
Sub-total hrs
Total Engineering Cost
(b) Other Cost
Total Cost (a) + (b)
(Contractor’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
Annex 3. Acceptance of Estimate
(Employer’s Letterhead)
To: ______________________________ Date:
Attention: ________________________________
Contract Name: _____________________________
Contract Number: ___________________________
Dear Ladies and/or Gentlemen:
We hereby accept your Estimate for Change Proposal and agree that you should proceed with the preparation of the Change Proposal.
1. Title of Change: ___________________________
2. Change Request No./Rev.: _______________________________
3. Estimate for Change Proposal No./Rev.: _______________________________
4. Acceptance of Estimate No./Rev.: _______________________________
5. Brief Description of Change: _______________________________
6. Other Terms and Conditions: In the event that we decide not to order the Change accepted, you shall be entitled to compensation for the cost of preparation of Change Proposal described in your Estimate for Change Proposal mentioned in para. 3 above in accordance with GCC Clause 39 of the General Conditions.
(Employer’s Name)
(Signature)
(Name and Title of signatory)
Annex 4. Change Proposal
(Contractor’s Letterhead)
To: _______________________________ Date:
Attention: _______________________________
Contract Name: _______________________________
Contract Number: _______________________________
Dear Ladies and/or Gentlemen:
In response to your Request for Change Proposal No. _______________________________, we hereby submit our proposal as follows:
1. Title of Change: _______________________________
2. Change Proposal No./Rev.: _______________________________
3. Originator of Change: Employer: [_______________________________
Contractor: _______________________________
4. Brief Description of Change: _______________________________
5. Reasons for Change: _______________________________
6. Facilities and/or Item No. of Equipment related to the requested Change: _______________________________
7. Reference drawings and/or technical documents for the requested Change:
Drawing/Document No. Description
8. Estimate of increase/decrease to the Contract Price resulting from Change Proposal:[14]
(Amount)
(a) Direct material
(b) Major construction equipment
(c) Direct field labor (Total hrs)
(d) Subcontracts
(e) Indirect material and labor
(f) Site supervision
(g) Head office technical staff salaries
Process engineer hrs @ rate/hr
Project engineer hrs @ rate/hr
Equipment engineer hrs @ rate/hr
Procurement hrs @ rate/hr
Draftsperson hrs @ rate/hr
Total hrs
(h) Extraordinary costs (computer, travel, etc.)
(i) Fee for general administration, % of Items
(j) Taxes and customs duties
Total lump sum cost of Change Proposal
(Sum of items (a) to (j))
Cost to prepare Estimate for Change Proposal
(Amount payable if Change is not accepted)
9. Additional time for Completion required due to Change Proposal
10. Effect on the Functional Guarantees
11. Effect on the other terms and conditions of the Contract
12. Validity of this Proposal: within [Number] days after receipt of this Proposal by the Employer
13. Other terms and conditions of this Change Proposal:
(a) You are requested to notify us of your acceptance, comments or rejection of this detailed Change Proposal within ______________ days from your receipt of this Proposal.
(b) The amount of any increase and/or decrease shall be taken into account in the adjustment of the Contract Price.
(c) Contractor’s cost for preparation of this Change Proposal:2
(Contractor’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
Annex 5. Change Order
(Employer’s Letterhead)
To: _______________________________ Date:
Attention: _______________________________
Contract Name: _______________________________
Contract Number: _______________________________
Dear Ladies and/or Gentlemen:
We approve the Change Order for the work specified in the Change Proposal (No. _______), and agree to adjust the Contract Price, Time for Completion and/or other conditions of the Contract in accordance with GCC Clause 39 of the General Conditions.
1. Title of Change: _______________________________
2. Change Request No./Rev.: _______________________________
3. Change Order No./Rev.: _______________________________
4. Originator of Change: Employer: _______________________________
Contractor: _______________________________
5. Authorized Price:
Ref. No.: _______________________________ Date: __________________________
Foreign currency portion __________ plus Local currency portion __________
6. Adjustment of Time for Completion
None Increase _________ days Decrease _________ days
7. Other effects, if any
Authorized by: Date:
(Employer)
Accepted by: Date:
(Contractor)
Annex 6. Pending Agreement Change Order
(Employer’s Letterhead)
To: _______________________________ Date:
Attention: _______________________________
Contract Name: _______________________________
Contract Number: [_______________________________
Dear Ladies and/or Gentlemen:
We instruct you to carry out the work in the Change Order detailed below in accordance with GCC Clause 39 of the General Conditions.
1. Title of Change: _______________________________
2. Employer’s Request for Change Proposal No./Rev.: _______________________________dated: __________
3. Contractor’s Change Proposal No./Rev.: ________________________ dated: __________
4. Brief Description of Change: _______________________________
5. Facilities and/or Item No. of equipment related to the requested Change: _______________________________
6. Reference Drawings and/or technical documents for the requested Change:
Drawing/Document No. Description
7. Adjustment of Time for Completion:
8. Other change in the Contract terms:
9. Other terms and conditions:
(Employer’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
Annex 7. Application for Change Proposal
(Contractor’s Letterhead)
To: _______________________________ Date:
Attention: _______________________________
Contract Name: _______________________________
Contract Number: _______________________________
Dear Ladies and/or Gentlemen:
We hereby propose that the below-mentioned work be treated as a Change in the Facilities.
1. Title of Change: _______________________________
2. Application for Change Proposal No./Rev.: _______________________________ dated: _______________________________
3. Brief Description of Change: _______________________________
4. Reasons for Change:
5. Order of Magnitude Estimation (in the currencies of the Contract):
6. Scheduled Impact of Change:
7. Effect on Functional Guarantees, if any:
8. Appendix:
(Contractor’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
Drawings |
Supplementary Information The proposed locations of the auto-reclosers across the Eswatini Electricity Company network:
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The coordinates existing locations of the Communication High Sites across the Eswatini Electricity Company network can be found in this link:
11kV Auto Reclosers
PART 3 – Conditions of Contract and Contract Forms
Section VIII - General Conditions of Contract |
Table of Clauses
A. Contract and Interpretation. 193
1. Definitions. 193
2. Contract Documents. 196
3. Interpretation. 196
4. Communications. 198
5. Law and Language. 198
6. Fraud and Corruption. 198
B. Subject Matter of Contract 199
7. Scope of Facilities. 199
8. Time for Commencement and Completion. 200
9. Contractor’s Responsibilities. 200
10. Employer’s Responsibilities. 204
C. Payment 206
11. Contract Price. 206
12. Terms of Payment 206
13. Securities. 206
14. Taxes and Duties. 208
D. Intellectual Property. 209
15. License/Use of Technical Information. 209
16. Confidential Information. 209
E. Execution of the Facilities. 210
17. Representatives. 210
18. Work Program.. 212
19. Subcontracting. 215
20. Design and Engineering. 216
21. Procurement 218
22. Installation. 220
23. Test and Inspection. 232
24. Completion of the Facilities. 234
25. Commissioning and Operational Acceptance. 236
F. Guarantees and Liabilities. 239
26. Completion Time Guarantee. 239
27. Defect Liability. 240
28. Functional Guarantees. 242
29. Patent Indemnity. 243
30. Limitation of Liability. 245
G. Risk Distribution. 245
31. Transfer of Ownership. 245
32. Care of Facilities. 246
33. Loss of or Damage to Property; Accident or Injury to Workers; Indemnification. 247
34. Insurance. 248
35. Unforeseen Conditions. 251
36. Change in Laws and Regulations. 252
37. Force Majeure. 252
38. War Risks. 254
H. Change in Contract Elements. 255
39. Change in the Facilities. 255
40. Extension of Time for Completion. 259
41. Suspension. 260
42. Termination. 262
43. Assignment 269
44. Export Restrictions. 269
I. Claims, Disputes and Arbitration. 269
45. Contractor’s Claims. 269
46. Disputes and Arbitration. 271
47. Cyber Security. 275
General Conditions of Contract
1. Definitions | 1.1 The following words and expressions shall have the meanings hereby assigned to them: “Contract” means the Contract Agreement entered into between the Employer and the Contractor, together with the Contract Documents referred to therein; they shall constitute the Contract, and the term “the Contract” shall in all such documents be construed accordingly. “Contract Documents” means the documents listed in Article 1.1 (Contract Documents) of the Contract Agreement (including any amendments thereto). “GCC” means the General Conditions of Contract hereof. “PCC” means the Particular Conditions of Contract. “day” means calendar day. “year” means 365 days. “month” means calendar month. “Party” means the Employer or the Contractor, as the context requires, and “Parties” means both of them. “Employer” means the person named as such in the PCC and includes the legal successors or permitted assigns of the Employer. “Project Manager” means the person appointed by the Employer in the manner provided in GCC Sub-Clause 17.1 (Project Manager) hereof and named as such in the PCC to perform the duties delegated by the Employer. “Contractor” means the person(s) whose Bid to perform the Contract has been accepted by the Employer and is named as Contractor in the Contract Agreement, and includes the legal successors or permitted assigns of the Contractor. “Contractor’s Representative” means any person nominated by the Contractor and approved by the Employer in the manner provided in GCC Sub-Clause 17.2 (Contractor’s Representative and Construction Manager) hereof to perform the duties delegated by the Contractor. “Construction Manager” means the person appointed by the Contractor’s Representative in the manner provided in GCC Sub-Clause 17.2.4. “Subcontractor,” including manufacturers, means any person to whom execution of any part of the Facilities, including preparation of any design or supply of any Plant, is sub-contracted directly or indirectly by the Contractor, and includes its legal successors or permitted assigns. “Dispute Board” (DB) means the person or persons named as such in the PCC appointed by agreement between the Employer and the Contractor to make a decision with respect to any dispute or difference between the Employer and the Contractor referred to him or her by the Parties pursuant to GCC Sub-Clause 46.1 (Dispute Board) hereof. “The Bank” means the financing institution named in the PCC. “Contract Price” means the sum specified in Article 2.1 (Contract Price) of the Contract Agreement, subject to such additions and adjustments thereto or deductions therefrom, as may be made pursuant to the Contract. “Facilities” means the Plant to be supplied and installed, as well as all the Installation Services to be carried out by the Contractor under the Contract. “Plant” means permanent plant, equipment, machinery, apparatus, materials, articles and things of all kinds to be provided and incorporated in the Facilities by the Contractor under the Contract (including the spare parts to be supplied by the Contractor under GCC Sub-Clause 7.3 hereof), but does not include Contractor’s Equipment. “Installation Services” means all those services ancillary to the supply of the Plant for the Facilities, to be provided by the Contractor under the Contract, such as transportation and provision of marine or other similar insurance, inspection, expediting, site preparation works (including the provision and use of Contractor’s Equipment and the supply of all construction materials required), installation, testing, precommissioning, commissioning, operations, maintenance, the provision of operations and maintenance manuals, training, etc… as the case may require. “Contractor’s Equipment” means all facilities, equipment, machinery, tools, apparatus, appliances or things of every kind required in or for installation, completion and maintenance of Facilities that are to be provided by the Contractor, but does not include Plant, or other things intended to form or forming part of the Facilities. “Country of Origin” means the countries and territories eligible under the rules of the Bank as further elaborated in the PCC. “Site” means the land and other places upon which the Facilities are to be installed, and such other land or places as may be specified in the Contract as forming part of the Site. “Effective Date” means the date of fulfillment of all conditions stated in Article 3 (Effective Date) of the Contract Agreement, from which the Time for Completion shall be counted. “Time for Completion” means the time within which Completion of the Facilities as a whole (or of a part of the Facilities where a separate Time for Completion of such part has been prescribed) is to be attained, as referred to in GCC Clause 8 and in accordance with the relevant provisions of the Contract. “Completion” means that the Facilities (or a specific part thereof where specific parts are specified in the Contract) have been completed operationally and structurally and put in a tight and clean condition, that all work in respect of Precommissioning of the Facilities or such specific part thereof has been completed, and that the Facilities or specific part thereof are ready for Commissioning as provided in GCC Clause 24 (Completion) hereof. “Precommissioning” means the testing, checking and other requirements specified in the Employer’s Requirements that are to be carried out by the Contractor in preparation for Commissioning as provided in GCC Clause 24 (Completion) hereof. “Commissioning” means operation of the Facilities or any part thereof by the Contractor following Completion, which operation is to be carried out by the Contractor as provided in GCC Sub-Clause 25.1 (Commissioning) hereof, for the purpose of carrying out Guarantee Test(s). “Guarantee Test(s)” means the test(s) specified in the Employer’s Requirements to be carried out to ascertain whether the Facilities or a specified part thereof is able to attain the Functional Guarantees specified in the Appendix to the Contract Agreement titled Functional Guarantees, in accordance with the provisions of GCC Sub-Clause 25.2 (Guarantee Test) hereof. “Operational Acceptance” means the acceptance by the Employer of the Facilities (or any part of the Facilities where the Contract provides for acceptance of the Facilities in parts), which certifies the Contractor’s fulfillment of the Contract in respect of Functional Guarantees of the Facilities (or the relevant part thereof) in accordance with the provisions of GCC Clause 28 (Functional Guarantees) hereof and shall include deemed acceptance in accordance with GCC Clause 25 (Commissioning and Operational Acceptance) hereof. “Defect Liability Period” means the period of validity of the warranties given by the Contractor commencing at Completion of the Facilities or a part thereof, during which the Contractor is responsible for defects with respect to the Facilities (or the relevant part thereof) as provided in GCC Clause 27 (Defect Liability) hereof. “ES” means Environmental and Social (including Sexual Exploitation and Abuse (SEA), and Sexual Harassment (SH)). “Sexual Exploitation and Abuse” “(SEA)” means the following: Sexual Exploitation is defined as any actual or attempted abuse of position of vulnerability, differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation 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; “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 Personnel or Employer’s Personnel. “Contractor’s Personnel” means all personnel whom the Contractor utilizes in the execution of the Contract, including the staff, labor and other employees of the Contractor and each Subcontractor; and any other personnel assisting the Contractor in the execution of the Contract; and “Employer’s Personnel” means all staff, labor and other employees of the Project Manager and of the Employer engaged in fulfilling the Employer’s obligations under the Contract; and any other personnel identified as Employer’s Personnel, by a notice from the Employer to the Contractor. | ||
2. Contract Documents | 2.1 Subject to Article 1.2 (Order of Precedence) of the Contract Agreement, all documents forming part of the Contract (and all parts thereof) are intended to be correlative, complementary and mutually explanatory. The Contract shall be read as a whole. | ||
3. Interpretation | 3.1 In the Contract, except where the context requires otherwise:
The marginal words and other headings shall not be taken into consideration in the interpretation of these Conditions. 3.2 Incoterms Unless inconsistent with any provision of the Contract, the meaning of any trade term and the rights and obligations of Parties thereunder shall be as prescribed by Incoterms. Incoterms means international rules for interpreting trade terms published by the International Chamber of Commerce (latest edition), 38 Cours Albert 1er, 75008 Paris, France. 3.3 Entire Agreement Subject to GCC Sub-Clause 16.4 hereof, the Contract constitutes the entire agreement between the Employer and Contractor with respect to the subject matter of Contract and supersedes all communications, negotiations and agreements (whether written or oral) of Parties with respect thereto made prior to the date of Contract. 3.4 Amendment No amendment or other variation of the Contract shall be effective unless it is in writing, is dated, expressly refers to the Contract, and is signed by a duly authorized representative of each Party hereto. 3.5 Independent Contractor The Contractor shall be an independent contractor performing the Contract. The Contract does not create any agency, partnership, joint venture or other joint relationship between the Parties hereto. Subject to the provisions of the Contract, the Contractor shall be solely responsible for the manner in which the Contract is performed. All employees, representatives or Subcontractors engaged by the Contractor in connection with the performance of the Contract shall be under the complete control of the Contractor and shall not be deemed to be employees of the Employer, and nothing contained in the Contract or in any subcontract awarded by the Contractor shall be construed to create any contractual relationship between any such employees, representatives or Subcontractors and the Employer. 3.6 Non-Waiver 3.6.1 Subject to GCC Sub-Clause 3.6.2 below, no relaxation, forbearance, delay or indulgence by either Party in enforcing any of the terms and conditions of the Contract or the granting of time by either Party to the other shall prejudice, affect or restrict the rights of that Party under the Contract, nor shall any waiver by either Party of any breach of Contract operate as waiver of any subsequent or continuing breach of Contract. 3.6.2 Any waiver of a Party’s rights, powers or remedies under the Contract must be in writing, must be dated and signed by an authorized representative of the Party granting such waiver, and must specify the right and the extent to which it is being waived. 3.7 Severability If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of the Contract. 3.8 Country of Origin “Origin” means the place where the plant and component parts thereof are mined, grown, produced or manufactured, and from which the services are provided. Plant components are produced when, through manufacturing, processing, or substantial or major assembling of components, a commercially recognized product results that is substantially different in its basic characteristics or in purpose or utility from its components. | ||
4. Communications | 4.1 Wherever these Conditions provide for the giving or issuing of approvals, certificates, consents, determinations, notices, requests and discharges, these communications shall be:
When a certificate is issued to a Party, the certifier shall send a copy to the other Party. When a notice is issued to a Party, by the other Party or the Project Manager, a copy shall be sent to the Project Manager or the other Party, as the case may be. | ||
5. Law and Language | 5.1 The Contract shall be governed by and interpreted in accordance with laws of the country specified in the PCC.
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6. Fraud and Corruption |
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7. Scope of Facilities | 7.1 Unless otherwise expressly limited in the Employer’s Requirements, the Contractor’s obligations cover the provision of all Plant and the performance of all Installation Services required for the design, and the manufacture (including procurement, quality assurance, construction, installation, associated civil works, Precommissioning and delivery) of the Plant, and the installation, completion and commissioning of the Facilities in accordance with the plans, procedures, specifications, drawings, codes and any other documents as specified in the Section, Employer’s Requirements. Such specifications include, but are not limited to, the provision of supervision and engineering services; the supply of labor, materials, equipment, spare parts (as specified in GCC Sub-Clause 7.3 below) and accessories; Contractor’s Equipment; construction utilities and supplies; temporary materials, structures and facilities; transportation (including, without limitation, unloading and hauling to, from and at the Site); and storage, except for those supplies, works and services that will be provided or performed by the Employer, as set forth in the Appendix to the Contract Agreement titled Scope of Works and Supply by the Employer. 7.2 The Contractor shall, unless specifically excluded in the Contract, perform all such work and/or supply all such items and materials not specifically mentioned in the Contract but that can be reasonably inferred from the Contract as being required for attaining Completion of the Facilities as if such work and/or items and materials were expressly mentioned in the Contract. 7.3 In addition to the supply of Mandatory Spare Parts included in the Contract, the Contractor agrees to supply spare parts required for the operation and maintenance of the Facilities for the period specified in the PCC and the provisions, if any, specified in the PCC. However, the identity, specifications and quantities of such spare parts and the terms and conditions relating to the supply thereof are to be agreed between the Employer and the Contractor, and the price of such spare parts shall be that given in Price Schedule No. 6, which shall be added to the Contract Price. The price of such spare parts shall include the purchase price therefor and other costs and expenses (including the Contractor’s fees) relating to the supply of spare parts. |
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8. Time for Commencement and Completion | 8.1 The Contractor shall commence work on the Facilities within the period specified in the PCC and without prejudice to GCC Sub-Clauses 9.9 and 26.2 hereof, the Contractor shall thereafter proceed with the Facilities in accordance with the time schedule specified in the Appendix to the Contract Agreement titled Time Schedule. 8.2 The Contractor shall attain Completion of the Facilities or of a part where a separate time for Completion of such part is specified in the Contract, within the time stated in the PCC or within such extended time to which the Contractor shall be entitled under GCC Clause 40 hereof. |
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9. Contractor’s Responsibilities | 9.1 The Contractor shall design, manufacture including associated purchases and/or subcontracting, install and complete the Facilities in accordance with the Contract. When completed, the Facilities should be fit for the purposes for which they are intended as defined in the Contract. 9.2 The Contractor confirms that it has entered into this Contract on the basis of a proper examination of the data relating to the Facilities including any data as to boring tests provided by the Employer, and on the basis of information that the Contractor could have obtained from a visual inspection of the Site if access thereto was available and of other data readily available to it relating to the Facilities as of the date twenty-eight (28) days prior to Bid submission. The Contractor acknowledges that any failure to acquaint itself with all such data and information shall not relieve its responsibility for properly estimating the difficulty or cost of successfully performing the Facilities. 9.3 The Contractor shall acquire and pay for all permits, approvals and/or licenses from all local, state or national government authorities or public service undertakings in the country where the Site is located which such authorities or undertakings require the Contractor to obtain in its name and which are necessary for the performance of the Contract, including, without limitation, visas for the Contractor’s Personnel and entry permits for all imported Contractor’s Equipment. The Contractor shall acquire all other permits, approvals and/or licenses that are not the responsibility of the Employer under GCC Sub-Clause 10.3 hereof and that are necessary for the performance of the Contract. 9.4 The Contractor shall comply with all laws in force in the country where the Facilities are to be implemented. The laws will include all local, state, national or other laws that affect the performance of the Contract and bind upon the Contractor. The Contractor shall indemnify and hold harmless the Employer from and against any and all liabilities, damages, claims, fines, penalties and expenses of whatever nature arising or resulting from the violation of such laws by the Contractor or its personnel, including the Subcontractors and their personnel, but without prejudice to GCC Sub-Clause 10.1 hereof. 9.5 Any Plant and Installation Services that will be incorporated in or be required for the Facilities and other supplies shall have their origin as specified under GCC Clause 1 (Country of Origin). Any subcontractors retained by the Contractor shall be from a country as specified in GCC Clause 1 (Country of Origin). 9.6 If the Contractor is a joint venture, or association (JV) of two or more persons, all such persons shall be jointly and severally bound to the Employer for the fulfillment of the provisions of the Contract, and shall designate one of such persons to act as a leader with authority to bind the JV. The composition or the constitution of the JV shall not be altered without the prior consent of the Employer. 9.7 Pursuant to paragraph 2.2 e. of Appendix B to the General Conditions the Contractor shall permit and shall cause its agents (where declared or not), subcontractors, subconsultants, service providers, suppliers, and personnel, to permit, the Bank and/or persons appointed by the Bank to inspect the site and/or the accounts, records and other documents relating to the procurement process, selection and/or contract execution, and to have such accounts, records and other documents audited by auditors appointed by the Bank. The Contractor’s and its Subcontractors’ and subconsultants’ attention is drawn to Sub-Clause 6.1 (Fraud and Corruption) which provides, inter alia, that acts intended to materially impede the exercise of the Bank’s inspection and audit rights constitute a prohibited practice subject to contract termination (as well as to a determination of ineligibility pursuant to the Bank’s prevailing sanctions procedures). 9.8 The Contractor shall conform to the sustainable procurement contractual provisions, if and as specified in the PCC. 9.9 Contractor’s Environmental and Social Management Plan (C-ESMP) The Contractor shall not carry out mobilization to Site unless the Project Manager gives approval, an approval that shall not be unreasonably delayed, to the measures the Contractor proposes to address environmental and social risks and impacts including the code of conduct, in accordance with GCC Sub-Clause 22.4. The Contractor shall submit, to the Project Manager for Review, any additional Management Strategies and Implementation Plans as are necessary to manage the ES risks and impacts of the Facilities. These Management Strategies and Implementation Plans collectively comprise the Contractor’s Environmental and Social Management Plan (C-ESMP). The Contractor shall review the C-ESMP, periodically (but not less than every six (6) months), and update it as required to ensure that it contains measures appropriate to the Facilities. The updated C-ESMP shall be submitted to the Project Manager for its approval. 9.10 Training of Contractor’s Personnel The Contractor shall provide appropriate training to relevant Contractor’s Personnel on ES aspects of the Contract, including appropriate sensitization on prohibition of SEA and health and safety training referred to in GCC Sub-Clause 22.2.7. As stated in the Employer’s Requirements or as instructed by the Project Manager, the Contractor shall also allow appropriate opportunities for the relevant Contractor’s Personnel to be trained on ES aspects of the Contract by the Employer’s personnel and/or other personnel assigned by the Employer. 9.11 Stakeholder engagements The Contractor shall provide relevant contract- related information, as the Employer and/or Project Manager may reasonably request to conduct contract stakeholder engagement. “Stakeholder” refers to individuals or groups who:
The Contractor may also directly participate in contract stakeholder engagements, as the Employer and/or Project Manager may reasonably request. 9.12 Forced Labor The Contractor, including its Subcontractors, shall not employ or engage forced labour. Forced labour consists of any work or service, not voluntarily performed, that is exacted from an individual under threat of force or penalty, and includes any kind of involuntary or compulsory labour, such as indentured labour, bonded labour or similar labour-contracting arrangements. No persons shall be employed or engaged who have been subject to trafficking. Trafficking in persons is defined as the recruitment, transportation, transfer, harbouring or receipt of persons by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power, or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purposes of exploitation. The Contractor shall also take measures to require its suppliers (other than Subcontractors) not to employ or engage forced labour including trafficked persons. If forced labour/trafficking cases are identified, the Contractor shall take measures to require the suppliers to take appropriate steps to remedy them. Where the supplier does not remedy the situation, the Contractor shall within a reasonable period substitute the supplier with a supplier that is able to manage such risks. 9.13 Child Labor The Contractor, including its Subcontractors, shall not employ or engage a child under the age of 14 unless the national law specifies a higher age (the minimum age). The Contractor, including its Subcontractors, shall not employ or engage a child between the minimum age and the age of 18 in a manner that is likely to be hazardous, or to interfere with, the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral, or social development. The Contractor including its Subcontractors, shall only employ or engage children between the minimum age and the age of 18 after an appropriate risk assessment has been conducted by the Contractor with the Engineer’s consent. The Contractor shall be subject to regular monitoring by the Project Manager that includes monitoring of health, working conditions and hours of work. Work considered hazardous for children is work that, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety, or morals of children. Such work activities prohibited for children include work:
The Contractor shall also take measures to require its suppliers (other than Subcontractors) not to employ or engage child labor. If child labor cases are identified, the Contractor shall take measures to require the suppliers to take appropriate steps to remedy them. Where the supplier does not remedy the situation, the Contractor shall within a reasonable period substitute the supplier with a supplier that is able to manage such risks. 9.14 Serious Safety Issues The Contractor, including its Subcontractors, shall comply with all applicable safety obligations. The Contractor shall also take measures to require its suppliers (other than Subcontractors) to adopt procedures and mitigation measures adequate to address safety issues related to their personnel. If serious safety issues are identified, the Contractor shall take measures to require the suppliers to take appropriate steps to remedy them. Where the supplier does not remedy the situation, the Contractor shall within a reasonable period substitute the supplier with a supplier that is able to manage such risks. 9.15 Obtaining natural resource materials The Contractor shall obtain natural resource materials from suppliers that can demonstrate, through compliance with the applicable verification and/ or certification requirements, that obtaining such materials is not contributing to the risk of significant conversion or significant degradation of natural or critical habitats such as unsustainably harvested wood products, gravel or sand extraction from riverbeds or beaches. If a supplier cannot continue to demonstrate that obtaining such materials is not contributing to the risk of significant conversion or significant degradation of natural or critical habitats, the Contractor shall within a reasonable period substitute the supplier with a supplier that is able to demonstrate that they are not significantly adversely impacting the habitats. 9.16 Site Signage The Contractor shall not post and shall ensure that its Subcontractors/suppliers/manufacturers and Contractors’ Personnel shall not post, any signage on the Site, or in any other place where the Works will be carried out, except such signage as is required under the Contract, including by the Laws of the Country, or has been approved by the Employer. For the purposes of this sub-clause, signage shall include, inter alia, flags, billboards, advertising materials and any other similar item separately posted on the Site. |
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10. Employer’s Responsibilities | 10.1 All information and/or data to be supplied by the Employer as described in the Appendix to the Contract Agreement titled Scope of Works and Supply by the Employer, shall be deemed to be accurate, except when the Employer expressly states otherwise. 10.2 The Employer shall be responsible for acquiring and providing legal and physical possession of the Site and access thereto, and for providing possession of and access to all other areas reasonably required for the proper execution of the Contract, including all requisite rights of way, as specified in the Appendix to the Contract Agreement titled Scope of Works and Supply by the Employer. The Employer shall give full possession of and accord all rights of access thereto on or before the date(s) specified in that Appendix. 10.3 The Employer shall acquire and pay for all permits, approvals and/or licenses from all local, state or national government authorities or public service undertakings in the country where the Site is located which (a) such authorities or undertakings require the Employer to obtain in the Employer’s name, (b) are necessary for the execution of the Contract, including those required for the performance by both the Contractor and the Employer of their respective obligations under the Contract, and (c) are specified in the Appendix (Scope of Works and Supply by the Employer). 10.4 If requested by the Contractor, the Employer shall use its best endeavors to assist the Contractor in obtaining in a timely and expeditious manner all permits, approvals and/or licenses necessary for the execution of the Contract from all local, state or national government authorities or public service undertakings that such authorities or undertakings require the Contractor or Subcontractors or the personnel of the Contractor or Subcontractors, as the case may be, to obtain. 10.5 Unless otherwise specified in the Contract or agreed upon by the Employer and the Contractor, the Employer shall provide sufficient, properly qualified operating and maintenance personnel; shall supply and make available all raw materials, utilities, lubricants, chemicals, catalysts, other materials and facilities; and shall perform all work and services of whatsoever nature, including those required by the Contractor to properly carry out Precommissioning, Commissioning and Guarantee Tests, all in accordance with the provisions of the Appendix to the Contract Agreement titled Scope of Works and Supply by the Employer, at or before the time specified in the program furnished by the Contractor under GCC Sub-Clause 18.2 hereof and in the manner thereupon specified or as otherwise agreed upon by the Employer and the Contractor. 10.6 The Employer shall be responsible for the continued operation of the Facilities after Completion, in accordance with GCC Sub-Clause 24.8, and shall be responsible for facilitating the Guarantee Test(s) for the Facilities, in accordance with GCC Sub-Clause 25.2. 10.7 All costs and expenses involved in the performance of the obligations under this GCC Clause 10 shall be the responsibility of the Employer, save those to be incurred by the Contractor with respect to the performance of Guarantee Tests, in accordance with GCC Sub-Clause 25.2. 10.8 In the event that the Employer shall be in breach of any of his obligations under this Clause, the additional cost incurred by the Contractor in consequence thereof shall be determined by the Project Manager and added to the Contract Price. |
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11. Contract Price | 11.1 The Contract Price shall be as specified in Article 2 (Contract Price and Terms of Payment) of the Contract Agreement. 11.2 Unless an adjustment clause is provided for in the PCC, the Contract Price shall be a firm lump sum not subject to any alteration, except in the event of a Change in the Facilities or as otherwise provided in the Contract. 11.3 Subject to GCC Sub-Clauses 9.2, 10.1 and 35 hereof, the Contractor shall be deemed to have satisfied itself as to the correctness and sufficiency of the Contract Price, which shall, except as otherwise provided for in the Contract, cover all its obligations under the Contract. |
12. Terms of Payment | 12.1 The Contract Price shall be paid as specified in Article 2 (Contract Price and Terms of Payment) of the Contract Agreement and in the Appendix to the Contract Agreement titled Terms and Procedures of Payment, which also outlines the procedures to be followed in making application for and processing payments. 12.2 No payment made by the Employer herein shall be deemed to constitute acceptance by the Employer of the Facilities or any part(s) thereof. 12.3 In the event that the Employer fails to make any payment by its respective due date or within the period set forth in the Contract, the Employer shall pay to the Contractor interest on the amount of such delayed payment at the rate(s) shown in the Appendix to the Contract Agreement titled Terms and Procedures of Payment, for the period of delay until payment has been made in full, whether before or after judgment or arbitrage award. 12.4 The currency or currencies in which payments are made to the Contractor under this Contract shall be specified in the Appendix to the Contract Agreement titled Terms and Procedures of Payment, subject to the general principle that payments will be made in the currency or currencies in which the Contract Price has been stated in the Contractor’s Bid. 12.5 As specified in the PCC, if the Contractor fails to perform its cyber security obligations under the Contract, an assessed amount, as determined by the Project Manager, may be withheld until the obligation has been performed. |
13. Securities | 13.1 Issuance of Securities The Contractor shall provide the securities specified below in favor of the Employer at the times, and in the amount, manner and form specified below. 13.2 Advance Payment Security 13.2.1 The Contractor shall, within twenty-eight (28) days of the notification of contract award, provide a security in an amount equal to the advance payment calculated in accordance with the Appendix to the Contract Agreement titled Terms and Procedures of Payment, and in the same currency or currencies. 13.2.2 The security shall be in the form provided in the Bidding documents or in another form acceptable to the Employer. The amount of the security shall be reduced in proportion to the value of the Facilities executed by and paid to the Contractor from time to time, and shall automatically become null and void when the full amount of the advance payment has been recovered by the Employer. The security shall be returned to the Contractor immediately after its expiration. 13.3 Performance Security 13.3.1 The Contractor shall, within twenty-eight (28) days of the notification of contract award, provide a security for the due performance of the Contract in the amount specified in the PCC. 13.3.2 The Performance Security shall be denominated in the currency or currencies of the Contract, or in a freely convertible currency acceptable to the Employer, and shall be in the form provided in Section X, Contract Forms, corresponding to the type of bank guarantee stipulated by the Employer in the PCC, or in another form acceptable to the Employer. 13.3.3 Unless otherwise specified in the PCC, the security shall be reduced by half on the date of the Operational Acceptance. The Security shall become null and void, or shall be reduced pro rata to the Contract Price of a part of the Facilities for which a separate Time for Completion is provided, five hundred and forty (540) days after Completion of the Facilities or three hundred and sixty five (365) days after Operational Acceptance of the Facilities, whichever occurs first; provided, however, that if the Defects Liability Period has been extended on any part of the Facilities pursuant to GCC Sub-Clause 27.8 hereof, the Contractor shall issue an additional security in an amount proportionate to the Contract Price of that part. The security shall be returned to the Contractor immediately after its expiration, provided, however, that if the Contractor, pursuant to GCC Sub-Clause 27.10, is liable for an extended defect liability obligation, the Performance Security shall be extended for the period specified in the PCC pursuant to GCC Sub-Clause 27.10 and up to the amount specified in the PCC. 13.3.4 The Employer shall not make a claim under the Performance Security, except for amounts to which the Employer is entitled under the Contract. The Employer shall indemnify and hold the Contractor harmless against and from all damages, losses and expenses (including legal fees and expenses) resulting from a claim under the Performance Security to the extent to which the Employer was not entitled to make the claim. |
14. Taxes and Duties | 14.1 Except as otherwise specifically provided in the Contract, the Contractor shall bear and pay all taxes, duties, levies and charges assessed on the Contractor, its Subcontractors or their employees by all municipal, state or national government authorities in connection with the Facilities in and outside of the country where the Site is located. 14.2 Notwithstanding GCC Sub-Clause 14.1 above, the Employer shall bear and promptly pay (a) all customs and import duties for the Plant specified in Price Schedule No. 1; and (b) other domestic taxes such as, sales tax and value added tax (VAT) on the Plant specified in Price Schedules No. 1 and No. 2 and that is to be incorporated into the Facilities, and on the finished goods, imposed by the law of the country where the Site is located. 14.3 If any tax exemptions, reductions, allowances or privileges may be available to the Contractor in the country where the Site is located, the Employer shall use its best endeavors to enable the Contractor to benefit from any such tax savings to the maximum allowable extent. 14.4 For the purpose of the Contract, it is agreed that the Contract Price specified in Article 2 (Contract Price and Terms of Payment) of the Contract Agreement is based on the taxes, duties, levies and charges prevailing at the date twenty-eight (28) days prior to the date of Bid submission in the country where the Site is located (hereinafter called “Tax” in this GCC Sub-Clause 14.4). If any rates of Tax are increased or decreased, a new Tax is introduced, an existing Tax is abolished, or any change in interpretation or application of any Tax occurs in the course of the performance of Contract, which was or will be assessed on the Contractor, Subcontractors or their employees in connection with performance of the Contract, an equitable adjustment of the Contract Price shall be made to fully take into account any such change by addition to the Contract Price or deduction therefrom, as the case may be, in accordance with GCC Clause 36 hereof. |
15. License/Use of Technical Information | 15.1 For the operation and maintenance of the Plant, the Contractor hereby grants a non-exclusive and non-transferable license (without the right to sub-license) to the Employer under the patents, utility models or other industrial property rights owned by the Contractor or by a third Party from whom the Contractor has received the right to grant licenses thereunder, and shall also grant to the Employer a non-exclusive and non-transferable right (without the right to sub-license) to use the know-how and other technical information disclosed to the Employer under the Contract. Nothing contained herein shall be construed as transferring ownership of any patent, utility model, trademark, design, copyright, know-how or other intellectual property right from the Contractor or any third Party to the Employer. 15.2 The copyright in all drawings, documents and other materials containing data and information furnished to the Employer by the Contractor herein shall remain vested in the Contractor or, if they are furnished to the Employer directly or through the Contractor by any third Party, including suppliers of materials, the copyright in such materials shall remain vested in such third Party. |
16. Confidential Information | 16.1 The Employer and the Contractor shall keep confidential and shall not, without the written consent of the other Party hereto, divulge to any third Party any documents, data or other information furnished directly or indirectly by the other Party hereto in connection with the Contract, whether such information has been furnished prior to, during or following termination of the Contract. Notwithstanding the above, the Contractor may furnish to its Subcontractor(s) such documents, data and other information it receives from the Employer to the extent required for the Subcontractor(s) to perform its work under the Contract, in which event the Contractor shall obtain from such Subcontractor(s) an undertaking of confidentiality similar to that imposed on the Contractor under this GCC Clause 16. 16.2 The Employer shall not use such documents, data and other information received from the Contractor for any purpose other than the operation and maintenance of the Facilities. Similarly, the Contractor shall not use such documents, data and other information received from the Employer for any purpose other than the design, procurement of Plant, construction or such other work and services as are required for the performance of the Contract. 16.3 The obligation of a Party under GCC Sub-Clauses 16.1 and 16.2 above, however, shall not apply to that information which (a) now or hereafter enters the public domain through no fault of that Party (b) can be proven to have been possessed by that Party at the time of disclosure and which was not previously obtained, directly or indirectly, from the other Party hereto (c) otherwise lawfully becomes available to that Party from a third Party that has no obligation of confidentiality (d) is being provided to the Bank. 16.4 The above provisions of this GCC Clause 16 shall not in any way modify any undertaking of confidentiality given by either of the Parties hereto prior to the date of the Contract in respect of the Facilities or any part thereof. 16.5 The provisions of this GCC Clause 16 shall survive termination, for whatever reason, of the Contract. |
17. Representatives | 17.1 Project Manager If the Project Manager is not named in the Contract, then within fourteen (14) days of the Effective Date, the Employer shall appoint and notify the Contractor in writing of the name of the Project Manager. The Employer may from time to time appoint some other person as the Project Manager in place of the person previously so appointed, and shall give a notice of the name of such other person to the Contractor without delay. No such appointment shall be made at such a time or in such a manner as to impede the progress of work on the Facilities. Such appointment shall only take effect upon receipt of such notice by the Contractor. The Project Manager shall represent and act for the Employer at all times during the performance of the Contract. All notices, instructions, orders, certificates, approvals and all other communications under the Contract shall be given by the Project Manager, except as herein otherwise provided. All notices, instructions, information and other communications given by the Contractor to the Employer under the Contract shall be given to the Project Manager, except as herein otherwise provided. 17.2 Contractor’s Representative & Construction Manager 17.2.1 If the Contractor’s Representative is not named in the Contract, then within fourteen (14) days of the Effective Date, the Contractor shall appoint the Contractor’s Representative and shall request the Employer in writing to approve the person so appointed. If the Employer makes no objection to the appointment within fourteen (14) days, the Contractor’s Representative shall be deemed to have been approved. If the Employer objects to the appointment within fourteen (14) days giving the reason therefor, then the Contractor shall appoint a replacement within fourteen (14) days of such objection, and the foregoing provisions of this GCC Sub-Clause 17.2.1 shall apply thereto. 17.2.2 The Contractor’s Representative shall represent and act for the Contractor at all times during the performance of the Contract and shall give to the Project Manager all the Contractor’s notices, instructions, information and all other communications under the Contract. All notices, instructions, information and all other communications given by the Employer or the Project Manager to the Contractor under the Contract shall be given to the Contractor’s Representative or, in its absence, its deputy, except as herein otherwise provided. The Contractor shall not revoke the appointment of the Contractor’s Representative without the Employer’s prior written consent, which shall not be unreasonably withheld. If the Employer consents thereto, the Contractor shall appoint some other person as the Contractor’s Representative, pursuant to the procedure set out in GCC Sub-Clause 17.2.1. 17.2.3 The Contractor’s Representative may, subject to the approval of the Employer which shall not be unreasonably withheld, at any time delegate to any person any of the powers, functions and authorities vested in him or her. Any such delegation may be revoked at any time. Any such delegation or revocation shall be subject to a prior notice signed by the Contractor’s Representative, and shall specify the powers, functions and authorities thereby delegated or revoked. No such delegation or revocation shall take effect unless and until a copy thereof has been delivered to the Employer and the Project Manager. Any act or exercise by any person of powers, functions and authorities so delegated to him or her in accordance with this GCC Sub-Clause 17.2.3 shall be deemed to be an act or exercise by the Contractor’s Representative. 17.2.4 From the commencement of installation of the Facilities at the Site until Completion, the Contractor’s Representative shall appoint a suitable person as the Construction Manager. The Construction Manager shall supervise all work done at the Site by the Contractor and shall be present at the Site throughout normal working hours except when on leave, sick or absent for reasons connected with the proper performance of the Contract. Whenever the Construction Manager is absent from the Site, a suitable person shall be appointed to act as the Construction Manager’s deputy. 17.2.5 The Project Manager may require the Contractor to remove (or cause to be removed) the Contractor’s Representative or any other person employed by the Contractor in the execution of the Contract, who:
If appropriate, the Contractor shall then promptly appoint (or cause to be appointed) a suitable replacement with equivalent skills and experience. Notwithstanding any requirement from the Project Manager to remove or cause to remove any person, the Contractor shall take immediate action as appropriate in response to any violation of (a) through (g) above. Such immediate action shall include removing (or causing to be removed) from the Site or other places where the Contract is being executed, any Contractor’s Personnel who engages in (a), (b), (c), (d), (e) or (g) above or has been recruited as stated in (f) above.. 17.2.6 If any representative or person employed by the Contractor is removed in accordance with GCC Sub-Clause 17.2.5, the Contractor shall, where required, promptly appoint a suitable replacement with equivalent skills and experience. |
18. Work Program | 18.1 Contractor’s Organization The Contractor shall supply to the Employer and the Project Manager a chart showing the proposed organization to be established by the Contractor for carrying out work on the Facilities within twenty-one (21) days of the Effective Date. The chart shall include the identities of the key personnel and the curricula vitae of such key personnel to be employed shall be supplied together with the chart. The Contractor shall promptly inform the Employer and the Project Manager in writing of any revision or alteration of such an organization chart. 18.2 Program of Performance Within twenty-eight (28) days after the Effective Date, the Contractor shall submit to the Project Manager a detailed program of performance of the Contract, made in a form acceptable to the Project Manager and showing the sequence in which it proposes to design, manufacture, transport, assemble, install and precommission the Facilities, as well as the date by which the Contractor reasonably requires that the Employer shall have fulfilled its obligations under the Contract so as to enable the Contractor to execute the Contract in accordance with the program and to achieve Completion, Commissioning and Acceptance of the Facilities in accordance with the Contract. The program so submitted by the Contractor shall accord with the Time Schedule included in the Appendix to the Contract Agreement titled Time Schedule, and any other dates and periods specified in the Contract. The Contractor shall update and revise the program as and when appropriate or when required by the Project Manager, but without modification in the Times for Completion specified in the PCC pursuant to Sub-Clause 8.2 and any extension granted in accordance with GCC Clause 40, and shall submit all such revisions to the Project Manager. 18.3 Progress Report The Contractor shall monitor progress of all the activities specified in the program referred to in GCC Sub-Clause 18.2 above, and supply a progress report to the Project Manager every month. The progress report shall be in a form acceptable to the Project Manager and shall indicate: (a) percentage completion achieved compared with the planned percentage completion for each activity; and (b) where any activity is behind the program, giving comments and likely consequences and stating the corrective action being taken. Unless otherwise stated in the Employer’s Requirements, each progress report shall include the Environmental and Social (ES) metrics set out in Appendix C. If stated in the PCC, progress report shall include status of compliance to cyber security risks management, and any foreseeable cyber security risk and mitigation. In addition to the progress reports, the Contractor shall inform the Project Manager immediately of any allegation, incident or accident in the Site, which has or is likely to have a significant adverse effect on the environment, the affected communities, the public, Employer’s Personnel or Contractor’s Personnel. This includes, but is not limited to, any incident or accident causing fatality or serious injury; significant adverse effects or damage to private property; any cyber security incidents as specified in the PCC; or any allegation of SEA and/or SH. In case of SEA and/or SH, while maintaining confidentiality as appropriate, the type of allegation (sexual exploitation, sexual abuse or sexual harassment), gender and age of the person who experienced the alleged incident should be included in the information. The Contractor, upon becoming aware of the allegation, incident or accident, shall also immediately inform the Project Manager of any such incident or accident on the Subcontractors’ or suppliers’ premises relating to the Facilities which has or is likely to have a significant adverse effect on the environment, the affected communities, the public, Employer’s Personnel, or Contractor’s, its Subcontractors’ and suppliers’ personnel. The notification shall provide sufficient detail regarding such incidents or accidents. The Contractor shall provide full details of such incidents or accidents to the Project Manager within the timeframe agreed with the Project Manager. The Contractor shall require its Subcontractors and suppliers to immediately notify the Contractor of any incidents or accidents referred to in this Subclause. 18.4 Progress of Performance If at any time the Contractor’s actual progress falls behind the program referred to in GCC Sub-Clause 18.2, or it becomes apparent that it will so fall behind, the Contractor shall, at the request of the Employer or the Project Manager, prepare and submit to the Project Manager a revised program, taking into account the prevailing circumstances, and shall notify the Project Manager of the steps being taken to expedite progress so as to attain Completion of the Facilities within the Time for Completion under GCC Sub-Clause 8.2, any extension thereof entitled under GCC Sub-Clause 40.1, or any extended period as may otherwise be agreed upon between the Employer and the Contractor. 18.5 Procedures The Contract shall be executed in accordance with the Contract Documents including the procedures given in the Forms and Procedures of the Employer’s Requirements. The Contractor may execute the Contract in accordance with its own standard project execution plans and procedures to the extent that they do not conflict with the provisions contained in the Contract. |
19. Subcontracting | 19.1 The Appendix to the Contract Agreement titled List of Major Items of Plant and Installation Services and List of Approved Subcontractors, specifies major items of supply or services and a list of approved Subcontractors against each item, including manufacturers. Insofar as no Subcontractors are listed against any such item, the Contractor shall prepare a list of Subcontractors for such item for inclusion in such list. The Contractor may from time to time propose any addition to or deletion from any such list. The Contractor shall submit any such list or any modification thereto to the Employer for its approval in sufficient time so as not to impede the progress of work on the Facilities. Submission by the Contractor, for addition of any Subcontractor not named in the Contract, shall also include the Subcontractor’s declaration in accordance with Appendix D- Sexual exploitation and Abuse (SEA) and/or Sexual Harassment (SH) Performance Declaration. Approval by the Employer for any of the Subcontractors shall not relieve the Contractor from any of its obligations, duties or responsibilities under the Contract. 19.2 The Contractor shall select and employ its Subcontractors for such major items from those listed in the lists referred to in GCC Sub-Clause 19.1. 19.3 For items or parts of the Facilities not specified in the Appendix to the Contract Agreement titled List of Major Items of Plant and Installation Services and List of Approved Subcontractors, the Contractor may employ such Subcontractors as it may select, at its discretion. 19.4 Each sub-contract shall include provisions which would entitle the Employer to require the sub-contract to be assigned to the Employer under GCC 19.5 (if and when applicable), or in event of termination by the Employer under GCC 42.2. 19.5 If a Subcontractor's obligations extend beyond the expiry date of the relevant Defects Liability Period and the Project Manager, prior to that date, instructs the Contractor to assign the benefits of such obligations to the Employer, then the Contractor shall do so. 19.6 The Contractor shall ensure that its Subcontractors execute the Facilities in accordance with the Contract, including complying with the relevant ES requirements and the obligations set out in GCC Sub-Clause 22.4. |
20. Design and Engineering | 20.1 Specifications and Drawings 20.1.1 The Contractor shall execute the basic and detailed design and the engineering work in compliance with the provisions of the Contract, or where not so specified, in accordance with good engineering practice. The Contractor shall be responsible for any discrepancies, errors or omissions in the specifications, drawings and other technical documents that it has prepared, whether such specifications, drawings and other documents have been approved by the Project Manager or not, provided that such discrepancies, errors or omissions are not because of inaccurate information furnished in writing to the Contractor by or on behalf of the Employer. 20.1.2 The Contractor shall be entitled to disclaim responsibility for any design, data, drawing, specification or other document, or any modification thereof provided or designated by or on behalf of the Employer, by giving a notice of such disclaimer to the Project Manager. 20.2 Codes and Standards Wherever references are made in the Contract to codes and standards in accordance with which the Contract shall be executed, the edition or the revised version of such codes and standards current at the date twenty-eight (28) days prior to date of Bid submission shall apply unless otherwise specified. During Contract execution, any changes in such codes and standards shall be applied subject to approval by the Employer and shall be treated in accordance with GCC Clause 39. 20.3 Approval/Review of Technical Documents by Project Manager 20.3.1 The Contractor shall prepare or cause its Subcontractors to prepare, and furnish to the Project Manager the documents listed in the Appendix to the Contract Agreement titled List of Documents for Approval or Review, for its approval or review as specified and in accordance with the requirements of GCC Sub-Clause 18.2 (Program of Performance). Any part of the Facilities covered by or related to the documents to be approved by the Project Manager shall be executed only after the Project Manager’s approval thereof. GCC Sub-Clauses 20.3.2 through 20.3.7 shall apply to those documents requiring the Project Manager’s approval, but not to those furnished to the Project Manager for its review only. 20.3.2 Within fourteen (14) days after receipt by the Project Manager of any document requiring the Project Manager’s approval in accordance with GCC Sub-Clause 20.3.1, the Project Manager shall either return one copy thereof to the Contractor with its approval endorsed thereon or shall notify the Contractor in writing of its disapproval thereof and the reasons therefor and the modifications that the Project Manager proposes. If the Project Manager fails to take such action within the said fourteen (14) days, then the said document shall be deemed to have been approved by the Project Manager. 20.3.3 The Project Manager shall not disapprove any document, except on the grounds that the document does not comply with the Contract or that it is contrary to good engineering practice. 20.3.4 If the Project Manager disapproves the document, the Contractor shall modify the document and resubmit it for the Project Manager’s approval in accordance with GCC Sub-Clause 20.3.2. If the Project Manager approves the document subject to modification(s), the Contractor shall make the required modification(s), whereupon the document shall be deemed to have been approved. 20.3.5 If any dispute or difference occurs between the Employer and the Contractor in connection with or arising out of the disapproval by the Project Manager of any document and/or any modification(s) thereto that cannot be settled between the Parties within a reasonable period, then such dispute or difference may be referred to a Dispute Board for determination in accordance with GCC Sub-Clause 46.1 hereof. If such dispute or difference is referred to a Dispute Board, the Project Manager shall give instructions as to whether and if so, how, performance of the Contract is to proceed. The Contractor shall proceed with the Contract in accordance with the Project Manager’s instructions, provided that if the Dispute Board upholds the Contractor’s view on the dispute and if the Employer has not given notice under GCC Sub-Clause 46.3 hereof, then the Contractor shall be reimbursed by the Employer for any additional costs incurred by reason of such instructions and shall be relieved of such responsibility or liability in connection with the dispute and the execution of the instructions as the Dispute Board shall decide, and the Time for Completion shall be extended accordingly. 20.3.6 The Project Manager’s approval, with or without modification of the document furnished by the Contractor, shall not relieve the Contractor of any responsibility or liability imposed upon it by any provisions of the Contract except to the extent that any subsequent failure results from modifications required by the Project Manager. 20.3.7 The Contractor shall not depart from any approved document unless the Contractor has first submitted to the Project Manager an amended document and obtained the Project Manager’s approval thereof, pursuant to the provisions of this GCC Sub-Clause 20.3. If the Project Manager requests any change in any already approved document and/or in any document based thereon, the provisions of GCC Clause 39 shall apply to such request. |
21. Procurement | 21.1 Plant Subject to GCC Sub-Clause 14.2, the Contractor shall procure and transport all Plant in an expeditious and orderly manner to the Site. 21.2 Employer-Supplied Plant If the Appendix to the Contract Agreement titled Scope of Works and Supply by the Employer, provides that the Employer shall furnish any specific items to the Contractor, the following provisions shall apply: 21.2.1 The Employer shall, at its own risk and expense, transport each item to the place on or near the Site as agreed upon by the Parties and make such item available to the Contractor at the time specified in the program furnished by the Contractor, pursuant to GCC Sub-Clause 18.2, unless otherwise mutually agreed. 21.2.2 Upon receipt of such item, the Contractor shall inspect the same visually and notify the Project Manager of any detected shortage, defect or default. The Employer shall immediately remedy any shortage, defect or default, or the Contractor shall, if practicable and possible, at the request of the Employer, remedy such shortage, defect or default at the Employer’s cost and expense. After inspection, such item shall fall under the care, custody and control of the Contractor. The provision of this GCC Sub-Clause 21.2.2 shall apply to any item supplied to remedy any such shortage or default or to substitute for any defective item, or shall apply to defective items that have been repaired. 21.2.3 The foregoing responsibilities of the Contractor and its obligations of care, custody and control shall not relieve the Employer of liability for any undetected shortage, defect or default, nor place the Contractor under any liability for any such shortage, defect or default whether under GCC Clause 27 or under any other provision of Contract. 21.3 Transportation 21.3.1 The Contractor shall at its own risk and expense transport all the materials and the Contractor’s Equipment to the Site by the mode of transport that the Contractor judges most suitable under all the circumstances. 21.3.2 Unless otherwise provided in the Contract, the Contractor shall be entitled to select any safe mode of transport operated by any person to carry the materials and the Contractor’s Equipment. 21.3.3 Upon dispatch of each shipment of materials and the Contractor’s Equipment, the Contractor shall notify the Employer by telex, cable, facsimile or electronic means, of the description of the materials and of the Contractor’s Equipment, the point and means of dispatch, and the estimated time and point of arrival in the country where the Site is located, if applicable, and at the Site. The Contractor shall furnish the Employer with relevant shipping documents to be agreed upon between the Parties. 21.3.4 The Contractor shall be responsible for obtaining, if necessary, approvals from the authorities for transportation of the materials and the Contractor’s Equipment to the Site. The Employer shall use its best endeavors in a timely and expeditious manner to assist the Contractor in obtaining such approvals, if requested by the Contractor. The Contractor shall indemnify and hold harmless the Employer from and against any claim for damage to roads, bridges or any other traffic facilities that may be caused by the transport of the materials and the Contractor’s Equipment to the Site. 21.4 Customs Clearance The Contractor shall, at its own expense, handle all imported materials and Contractor’s Equipment at the point(s) of import and shall handle any formalities for customs clearance, subject to the Employer’s obligations under GCC Sub-Clause 14.2, provided that if applicable laws or regulations require any application or act to be made by or in the name of the Employer, the Employer shall take all necessary steps to comply with such laws or regulations. In the event of delays in customs clearance that are not the fault of the Contractor, the Contractor shall be entitled to an extension in the Time for Completion, pursuant to GCC Clause 40. |
22. Installation | 22.1 Setting Out/Supervision 22.1.1 Bench Mark: The Contractor shall be responsible for the true and proper setting-out of the Facilities in relation to bench marks, reference marks and lines provided to it in writing by or on behalf of the Employer. If, at any time during the progress of installation of the Facilities, any error shall appear in the position, level or alignment of the Facilities, the Contractor shall forthwith notify the Project Manager of such error and, at its own expense, immediately rectify such error to the reasonable satisfaction of the Project Manager. If such error is based on incorrect data provided in writing by or on behalf of the Employer, the expense of rectifying the same shall be borne by the Employer. 22.1.2 Contractor’s Supervision: The Contractor shall give or provide all necessary superintendence during the installation of the Facilities, and the Construction Manager or its deputy shall be constantly on the Site to provide full-time superintendence of the installation. The Contractor shall provide and employ only technical personnel who are skilled and experienced in their respective callings and supervisory staff who are competent to adequately supervise the work at hand. 22.2 Labor: 22.2.1 Engagement of Staff and Labor Except as otherwise stated in the Employer’s Requirements, the Contractor shall make arrangements for the engagement of all staff and labor, local or otherwise, and for their payment, housing, feeding and transport. The Contractor shall provide and employ on the Site in the installation of the Facilities such skilled, semi-skilled and unskilled labor as is necessary for the proper and timely execution of the Contract. The Contractor is encouraged to use local labor that has the necessary skills. The Contractor shall be responsible for obtaining all necessary permit(s) and/or visa(s) from the appropriate authorities for the entry of all labor and personnel to be employed on the Site into the country where the Site is located. The Employer will, if requested by the Contractor, use his best endeavors 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 at its own expense provide the means of repatriation to all of its Contractor’s Personnel employed for the excution of the Contract at the Site or other places where the Installation Services are carried out to the place where they were recruited or to their domicile. It shall also provide suitable temporary maintenance of all such persons from the cessation of their employment on the Contract to the date programmed for their departure. In the event that the Contractor defaults in providing such means of transportation and temporary maintenance, the Employer may provide the same to such personnel and recover the cost of doing so from the Contractor. The Contractor shall provide Contractor’s Personnel employed for the execution of the Contract at the Site or other places where the Installation Services are carried out, relevant 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 labor 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. 22.2.2 Persons in the Service of Employer The Contractor shall not recruit, or attempt to recruit, staff and labor from amongst the Employer’s Personnel. 22.2.3 Labor Laws The Contractor shall comply with all the relevant labor laws applicable to the Contractor’s Personnel, including laws relating to their employment, health, safety, welfare, immigration and emigration, and shall allow them all their legal rights. The Contractor shall at all times during the progress of the Contract use its best endeavors to prevent any unlawful, riotous or disorderly conduct or behavior by or amongst its employees and the labor of its Subcontractors. The Contractor shall, in all dealings with its labor and the labor of its Subcontractors currently employed on or connected with the Contract, pay due regard to all recognized festivals, official holidays, religious or other customs and all local laws and regulations pertaining to the employment of labor. 22.2.4 Rates of Wages and Conditions of Labor The Contractor shall pay rates of wages, and observe conditions of labor, which are not lower than those established for the trade or industry where the work is carried out. If no established rates or conditions are applicable, the Contractor shall pay rates of wages and observe conditions which are not lower than the general level of wages and conditions observed locally by employers whose trade or industry is similar to that of the Contractor. The Contractor shall inform the Contractor’s Personnel about:
The Contractor shall perform such duties in regard to such deductions thereof as may be imposed on him by such laws. Where required by applicable Laws or as stated in the Employer’s Requirements, the Contractor and its Subcontarctors shall provide their personnel written notice of termination of employment and details of severance payments in a timely manner. The Contractor and its Subcontractors shall have paid their personnel (either directly or where appropriate for their benefit) all due wages and entitlements including, as applicable, social security benefits and pension contributions, on or before the end of their engagement/ employment. 22.2.5 Working Hours No work shall be carried out on the Site on locally recognized days of rest, or outside the normal working hours stated in the PCC, unless: (a) otherwise stated in the Contract, (b) the Project Manager gives consent, or (c) the work is unavoidable, or necessary for the protection of life or property or for the safety of the Facilities, in which case the Contractor shall immediately advise the Project Manager. If and when the Contractor considers it necessary to carry out work at night or on public holidays so as to meet the Time for Completion and requests the Project Manager’s consent thereto, the Project Manager shall not unreasonably withhold such consent. This Sub-Clause shall not apply to any work which is customarily carried out by rotary or double-shifts. 22.2.6 Facilities for Staff and Labor Except as otherwise stated in the Employer’s Requirements, the Contractor shall provide and maintain all necessary accommodation and welfare facilities for the Contractor’s Personnel employed for the execution of the Contract at the Site or other places where the Installation Services are carried out. The Contractor shall also provide facilities for the Employer’s Personnel as stated in the Employer’s Requirements. If stated in the Employer’s Requirements, the Contractor shall give access to or provide services that accommodate the physical, social and cultural needs of the Contractor’s Personnel. The Contractor shall also provide similar facilities for the Employer’s Personnel as stated in the Employer’s Requirements. The Contractor shall not permit any of the Contractor’s Personnel to maintain any temporary or permanent living quarters within the structures forming part of the Facilities. 22.2.7 Health and Safety The Contractor shall at all times take all reasonable precautions to maintain the health and safety of the Contractor’s Personnel employed for the execution of Installation Services at the Site (or other places in the country where the Site is located). Subject to GCC Sub-Clause 9.9, the Contractor shall submit to the Project Manager for its approval a health and safety manual which sets out all the health and safety requirements under the Contract. The health and safety manual shall be in addition to any other similar document required under applicable health and safety regulations and Laws. The Contractor shall:
22.2.8 Funeral Arrangements In the event of the death of any of the Contractor’s Personnel or accompanying members of their families, the Contractor shall be responsible for making the appropriate arrangements for their return or burial, unless otherwise specified in the PCC. 22.2.9 Records of Contractor’s Personnel The Contractor shall keep accurate records of the Contractor’s Personnel, including the number of each class of Contractor’s personnel on the Site and the names, ages, genders, hours worked and wages paid to all workers. These records shall be summarized on a monthly basis in a form approved by the Project Manager and shall be available for inspection by the Project Manager until the Contractor has completed all work. 22.2.10 Supply of Foodstuffs The Contractor shall arrange for the provision of a sufficient supply of suitable food as may be stated in the Employer’s Requirements at reasonable prices for the Contractor’s personnel for the purposes of or in connection with the Contract. 22.2.11 Supply of Water The Contractor shall, having regard to local conditions, provide on the Site an adequate supply of drinking and other water for the use of the Contractor’s personnel. 22.2.12 Measures against Insect and Pest Nuisance The Contractor shall at all times take the necessary precautions to protect the Contractor’s Personnel employed on the Site from insect and pest nuisance, and to reduce their danger to health. The Contractor shall comply with all the regulations of the local health authorities, including use of appropriate insecticide. 22.2.13 Alcoholic Liquor or Drugs The Contractor shall not, otherwise than in accordance with the laws of the Country, import, sell, give barter or otherwise dispose of any alcoholic liquor or drugs, or permit or allow importation, sale, gift barter or disposal by Contractor's Personnel. 22.2.14 Arms and Ammunition The Contractor shall not give, barter, or otherwise dispose of, to any person, any arms or ammunition of any kind, or allow Contractor's Personnel to do so. 22.2.15 Workers’ Organizations In countries where the relevant labor laws recognize workers’ rights to form and to join workers’ organizations of their choosing and to bargain collectively without interference, the Contractor shall comply with such laws. In such circumstances, the role of legally established workers’ organizations and legitimate workers’ representatives will be respected, and they will be provided with information needed for meaningful negotiation in a timely manner. Where the relevant labor laws substantially restrict workers’ organizations, the Contractor shall enable alternative means for the Contractor’s Personnel to express their grievances and protect their rights regarding working conditions and terms of employment. The Contractor shall not seek to influence or control these alternative means. The Contractor shall not discriminate or retaliate against the Contractor’s Personnel who participate, or seek to participate, in such organizations and collective bargaining or alternative mechanisms. Workers’ organizations are expected to fairly represent the workers in the workforce. 22.2.16 Non-Discrimination and Equal Opportunity The Contractor shall not make decisions relating to the employment or treatment of Contractor’s Personnel on the basis of personal characteristics unrelated to inherent job requirements. The Contractor shall base the employment of Contractor’s Personnel on the principle of equal opportunity and fair treatment, and shall not discriminate with respect to any aspects of the employment relationship, including recruitment and hiring, compensation (including wages and benefits), working conditions and terms of employment, access to training, job assignment, promotion, termination of employment or retirement, and disciplinary practices. Special measures of protection or assistance to remedy past discrimination or selection for a particular job based on the inherent requirements of the job shall not be deemed discrimination. The Contractor shall provide protection and assistance as necessary to ensure non-discrimination and equal opportunity, including for specific groups such as women, people with disabilities, migrant workers and children (of working age in accordance with GCC Sub-Clause 9.13). 22.2.17 Contractor’s Personnel Grievance Mechanism The Contractor shall have a grievance mechanism for the Contractor’s Personnel, and where relevant the workers’ organizations stated in subclause 22.2.15, to raise workplace concerns. The grievance mechanism shall be proportionate to the nature, scale, risks and impacts of the Contract. The mechanism shall address concerns promptly, using an understandable and transparent process that provides timely feedback to those concerned in a language they understand, without any retribution, and shall operate in an independent and objective manner. The Contractor’s Personnel shall be informed of the grievance mechanism at the time of engagement for the Contract, and the measures put in place to protect them against any reprisal for its use. Measures will be put in place to make the grievance mechanism easily accessible to all Contractor’s Personnel. The grievance mechanism shall not impede access to other judicial or administrative remedies that might be available, or substitute for grievance mechanisms provided through collective agreements. The grievance mechanism may utilize existing grievance mechanisms, providing that they are properly designed and implemented, address concerns promptly, and are readily accessible to such project workers. Existing grievance mechanisms may be supplemented as needed with Contract-specific arrangements. 22.3 Contractor’s Equipment 22.3.1 All Contractor’s Equipment brought by the Contractor onto the Site shall be deemed to be intended to be used exclusively for the execution of the Contract. The Contractor shall not remove the same from the Site without the Project Manager’s consent that such Contractor’s Equipment is no longer required for the execution of the Contract. 22.3.2 Unless otherwise specified in the Contract, upon completion of the Facilities, the Contractor shall remove from the Site all Equipment brought by the Contractor onto the Site and any surplus materials remaining thereon. 22.3.3 The Employer will, if requested, use its best endeavors to assist the Contractor in obtaining any local, state or national government permission required by the Contractor for the export of the Contractor’s Equipment imported by the Contractor for use in the execution of the Contract that is no longer required for the execution of the Contract. 22.4 Site Regulations The Employer and the Contractor shall establish Site regulations setting out the rules to be observed in the execution of the Contract at the Site and shall comply therewith. The Contractor shall prepare and submit to the Project Manager with a copy to the Employer, proposed Site regulations for the Project Manager’s approval, which approval shall not be unreasonably withheld. Such Site regulations shall include, but shall not be limited to, Code of Conduct for environmental and social aspectssubmitted as part of the Bid and agreed to by the Employer, , security arrangements in accordance with GCC Sub-Clause 22.8, safety of the Facilities, gate control, sanitation, medical care, and fire prevention. The Contractor shall take all necessary measures to ensure that each Contractor’s Personnel, employed for the execution of the Contract at the Site or other places where the Installation Services are carried out, is made aware of the Code of Conduct including specific behaviors that are prohibited, and understands the consequences of engaging in such prohibited behaviors. These measures include providing instructions and documentation that can be understood by the Contractor’s Personnel and seeking to obtain that person’s signature acknowledging receipt of such instructions and/or documentation, as appropriate. The Contractor shall also ensure that the Code of Conduct is visibly displayed in multiple locations on the Site and any other place where the Installation Services will be carried out, as well as in areas outside the Site accessible to the local community and project affected people. The posted Code of Conduct shall be provided in languages comprehensible to Contractor’s Personnel, Employer’s Personnel and the local community. The Contractor’s Management Strategy and Implementation Plans shall include appropriate processes for the Contractor to verify compliance with these obligations. 22.5 Opportunities for Other Contractors 22.5.1 The Contractor shall, upon written request from the Employer or the Project Manager, give all reasonable opportunities for carrying out the work to any other contractors employed by the Employer on or near the Site. 22.5.2 If the Contractor, upon written request from the Employer or the Project Manager, makes available to other contractors any roads or ways the maintenance for which the Contractor is responsible, permits the use by such other contractors of the Contractor’s Equipment, or provides any other service of whatsoever nature for such other contractors, the Employer shall fully compensate the Contractor for any loss or damage caused or occasioned by such other contractors in respect of any such use or service, and shall pay to the Contractor reasonable remuneration for the use of such equipment or the provision of such services. 22.5.3 The Contractor shall also so arrange to perform its work as to minimize, to the extent possible, interference with the work of other contractors. The Project Manager shall determine the resolution of any difference or conflict that may arise between the Contractor and other contractors and the workers of the Employer in regard to their work. 22.5.4 The Contractor shall notify the Project Manager promptly of any defects in the other contractors’ work that come to its notice, and that could affect the Contractor’s work. The Project Manager shall determine the corrective measures, if any, required to rectify the situation after inspection of the Facilities. Decisions made by the Project Manager shall be binding on the Contractor. 22.6 Emergency Work If, by reason of an emergency arising in connection with and during the execution of the Contract, any protective or remedial work is necessary as a matter of urgency to prevent damage to the Facilities, the Contractor shall immediately carry out such work. If the Contractor is unable or unwilling to do such work immediately, the Employer may do or cause such work to be done as the Employer may determine is necessary in order to prevent damage to the Facilities. In such event the Employer shall, as soon as practicable after the occurrence of any such emergency, notify the Contractor in writing of such emergency, the work done and the reasons therefor. If the work done or caused to be done by the Employer is work that the Contractor was liable to do at its own expense under the Contract, the reasonable costs incurred by the Employer in connection therewith shall be paid by the Contractor to the Employer. Otherwise, the cost of such remedial work shall be borne by the Employer. 22.7 Site Clearance 22.7.1 Site Clearance in Course of Performance: In the course of carrying out the Contract, the Contractor shall keep the Site reasonably free from all unnecessary obstruction, store or remove any surplus materials, clear away any wreckage, rubbish or temporary works from the Site, and remove any Contractor’s Equipment no longer required for execution of the Contract. 22.7.2 Clearance of Site after Completion: After Completion of all parts of the Facilities, the Contractor shall clear away and remove all wreckage, rubbish and debris of any kind from the Site, and shall leave the Site and Facilities in a clean and safe condition. 22.8 Security of the Site The Contractor shall be responsible for the security of the Site including providing and maintaining at its own expense all lighting, fencing, and watching when and where necessary for the proper execution and the protection of the Facilities, or for the safety of the owners and occupiers of adjacent property and for the safety of the public. If required in the Employer’s Requirements, the Contractor shall submit for the Project Manager’s No-objection a security management plan that sets the security arrangements for the Site. In making security arrangements, the Contractor shall be guided by applicable laws and any other requirements stated in the Employer’s Requirements. The Contractor shall (i) conduct appropriate background checks on any personnel retained to provide security; (ii) train the security personnel adequately (or determine that they are properly trained) in the use of force (and where applicable, firearms), and appropriate conduct towards Contractor’s Personnel, Employer’s personnel and affected communities; and (iii) require the security personnel to act within the applicable Laws and any requirements set out in the Employer’s Reqquirements. The Contractor shall not permit any use of force by security personnel in providing security except when used for preventive and defensive purposes in proportion to the nature and extent of the threat. 22.9 Protection of the Environment The Contractor shall take all necessary measures to:
The Contractor shall ensure that emissions, surface discharges, effluent and any other pollutants from the Contractor’s activities shall exceed neither the values indicated in the Employer’s Requirements, nor those prescribed by applicable laws. In the event of damage to the environment, property and/or nuisance to people, on or off Site as a result of the Contractor’s operations, the Contractor shall agree with the Project Manager the appropriate actions and time scale to remedy, as practicable, the damaged environment to its former condition. The Contractor shall implement such remedies at its cost to the satisfaction of the Project Manager. 22.10 Traffic and Road Safety The Contractor shall take all necessary safety measures to avoid the occurrence of incidents and injuries to any third party associated with the use of Contractor’s Equipment on public roads or other public infrastructure. The Contractor shall monitor and use road safety incidents and accidents reports to identify negative safety issues, and establish and implement necessary measures to resolve them. 22.11 Cultural Heritage Findings All fossils, coins, articles of value or antiquity, structures, groups of structures, and other remains or items of geological, archaeological, paleontological, historical, architectural, religious interest found on the Site shall be placed under the care and custody of the Employer. The Contractor shall:
If the Contractor suffers delay and/or incurs extra costs from complying with the Project Manager instructions, the Contractor shall be entitled to an extension of time under GCC Sub-Clause 40.1, and the amount of such extra costs shall be added to the Contract Price. |
23. Test and Inspection | 23.1 The Contractor shall at its own expense carry out at the place of manufacture and/or on the Site all such tests and/or inspections of the Plant and any part of the Facilities as are specified in the Contract. 23.2 The Employer and the Project Manager or their designated representatives shall be entitled to attend the aforesaid test and/or inspection, provided that the Employer shall bear all costs and expenses incurred in connection with such attendance including, but not limited to, all traveling and board and lodging expenses. 23.3 Whenever the Contractor is ready to carry out any such test and/or inspection, the Contractor shall give a reasonable advance notice of such test and/or inspection and of the place and time thereof to the Project Manager. The Contractor shall obtain from any relevant third Party or manufacturer any necessary permission or consent to enable the Employer and the Project Manager or their designated representatives to attend the test and/or inspection. 23.4 The Contractor shall provide the Project Manager with a certified report of the results of any such test and/or inspection. If the Employer or Project Manager or their designated representatives fails to attend the test and/or inspection, or if it is agreed between the Parties that such persons shall not do so, then the Contractor may proceed with the test and/or inspection in the absence of such persons, and may provide the Project Manager with a certified report of the results thereof. 23.5 The Project Manager may require the Contractor to carry out any test and/or inspection not required by the Contract, provided that the Contractor’s reasonable costs and expenses incurred in the carrying out of such test and/or inspection shall be added to the Contract Price. Further, if such test and/or inspection impede the progress of work on the Facilities and/or the Contractor’s performance of its other obligations under the Contract, due allowance will be made in respect of the Time for Completion and the other obligations so affected. 23.6 If any Plant or any part of the Facilities fails to pass any test and/or inspection, the Contractor shall either rectify or replace such Plant or part of the Facilities and shall repeat the test and/or inspection upon giving a notice under GCC Sub-Clause 23.3. 23.7 If any dispute or difference of opinion shall arise between the Parties in connection with or arising out of the test and/or inspection of the Plant or part of the Facilities that cannot be settled between the Parties within a reasonable period of time, it may be referred to an Dispute Board for determination in accordance with GCC Sub-Clause 46.3. 23.8 The Contractor shall afford the Employer and the Project Manager, at the Employer’s expense, access at any reasonable time to any place where the Plant are being manufactured or the Facilities are being installed, in order to inspect the progress and the manner of manufacture or installation, provided that the Project Manager shall give the Contractor a reasonable prior notice. Without prejudice to GCC Sub-Clause 9.7, as instructed by the Project Manager, the Contractor shall also afford other relevant entities (at the Employer’s or their respective entities’ expense, as appropriate) access to the Facilities, to inspect progress and the manner of the execution of the Facilities, carry out environmental and social audit, as appropriate, or carry out any other duty as stated in the Employer’s Requirements or as instructed by the Project Manager. 23.9 The Contractor agrees that neither the execution of a test and/or inspection of Plant or any part of the Facilities, nor the attendance by the Employer or the Project Manager, nor the issue of any test certificate pursuant to GCC Sub-Clause 23.4, shall release the Contractor from any other responsibilities under the Contract. 23.10 No part of the Facilities or foundations shall be covered up on the Site without the Contractor carrying out any test and/or inspection required under the Contract. The Contractor shall give a reasonable notice to the Project Manager whenever any such parts of the Facilities or foundations are ready or about to be ready for test and/or inspection; such test and/or inspection and notice thereof shall be subject to the requirements of the Contract. 23.11 The Contractor shall uncover any part of the Facilities or foundations, or shall make openings in or through the same as the Project Manager may from time to time require at the Site, and shall reinstate and make good such part or parts. If any parts of the Facilities or foundations have been covered up at the Site after compliance with the requirement of GCC Sub-Clause 23.10 and are found to be executed in accordance with the Contract, the expenses of uncovering, making openings in or through, reinstating, and making good the same shall be borne by the Employer, and the Time for Completion shall be reasonably adjusted to the extent that the Contractor has thereby been delayed or impeded in the performance of any of its obligations under the Contract. |
24. Completion of the Facilities | 24.1 As soon as the Facilities or any part thereof has, in the opinion of the Contractor, been completed operationally and structurally and put in a tight and clean condition as specified in the Employer’s Requirements, excluding minor items not materially affecting the operation or safety of the Facilities, the Contractor shall so notify the Employer in writing. 24.2 Within seven (7) days after receipt of the notice from the Contractor under GCC Sub-Clause 24.1, the Employer shall supply the operating and maintenance personnel specified in the Appendix to the Contract Agreement titled Scope of Works and Supply by the Employer for Precommissioning of the Facilities or any part thereof. Pursuant to the Appendix to the Contract Agreement titled Scope of Works and Supply by the Employer, the Employer shall also provide, within the said seven (7) day period, the raw materials, utilities, lubricants, chemicals, catalysts, facilities, services and other matters required for Precommissioning of the Facilities or any part thereof. 24.3 As soon as reasonably practicable after the operating and maintenance personnel have been supplied by the Employer and the raw materials, utilities, lubricants, chemicals, catalysts, facilities, services and other matters have been provided by the Employer in accordance with GCC Sub-Clause 24.2, the Contractor shall commence Precommissioning of the Facilities or the relevant part thereof in preparation for Commissioning, subject to GCC Sub-Clause 25.5. 24.4 As soon as all works in respect of Precommissioning are completed and, in the opinion of the Contractor, the Facilities or any part thereof is ready for Commissioning, the Contractor shall so notify the Project Manager in writing. 24.5 The Project Manager shall, within fourteen (14) days after receipt of the Contractor’s notice under GCC Sub-Clause 24.4, either issue a Completion Certificate in the form specified in the Employer’s Requirements (Forms and Procedures), stating that the Facilities or that part thereof have reached Completion as of the date of the Contractor’s notice under GCC Sub-Clause 24.4, or notify the Contractor in writing of any defects and/or deficiencies. If the Project Manager notifies the Contractor of any defects and/or deficiencies, the Contractor shall then correct such defects and/or deficiencies, and shall repeat the procedure described in GCC Sub-Clause 24.4. If the Project Manager is satisfied that the Facilities or that part thereof have reached Completion, the Project Manager shall, within seven (7) days after receipt of the Contractor’s repeated notice, issue a Completion Certificate stating that the Facilities or that part thereof have reached Completion as of the date of the Contractor’s repeated notice. If the Project Manager is not so satisfied, then it shall notify the Contractor in writing of any defects and/or deficiencies within seven (7) days after receipt of the Contractor’s repeated notice, and the above procedure shall be repeated. 24.6 If the Project Manager fails to issue the Completion Certificate and fails to inform the Contractor of any defects and/or deficiencies within fourteen (14) days after receipt of the Contractor’s notice under GCC Sub-Clause 24.4 or within seven (7) days after receipt of the Contractor’s repeated notice under GCC Sub-Clause 24.5, or if the Employer makes use of the Facilities or part thereof, then the Facilities or that part thereof shall be deemed to have reached Completion as of the date of the Contractor’s notice or repeated notice, or as of the Employer’s use of the Facilities, as the case may be. 24.7 As soon as possible after Completion, the Contractor shall complete all outstanding minor items so that the Facilities are fully in accordance with the requirements of the Contract, failing which the Employer will undertake such completion and deduct the costs thereof from any monies owing to the Contractor. 24.8 Upon Completion, the Employer shall be responsible for the care and custody of the Facilities or the relevant part thereof, together with the risk of loss or damage thereto, and shall thereafter take over the Facilities or the relevant part thereof. |
25. Commissioning and Operational Acceptance | 25.1 Commissioning 25.1.1 Commissioning of the Facilities or any part thereof shall be commenced by the Contractor immediately after issue of the Completion Certificate by the Project Manager, pursuant to GCC Sub-Clause 24.5, or immediately after the date of the deemed Completion, under GCC Sub-Clause 24.6. 25.1.2 The Employer shall supply the operating and maintenance personnel and all raw materials, utilities, lubricants, chemicals, catalysts, facilities, services and other matters required for Commissioning. 25.1.3 In accordance with the requirements of the Contract, the Contractor’s and Project Manager’s advisory personnel shall attend the Commissioning, including the Guarantee Test, and shall advise and assist the Employer. 25.2 Guarantee Test 25.2.1 Subject to GCC Sub-Clause 25.5, the Guarantee Test and repeats thereof shall be conducted by the Contractor during Commissioning of the Facilities or the relevant part thereof to ascertain whether the Facilities or the relevant part can attain the Functional Guarantees specified in the Appendix to the Contract Agreement titled Functional Guarantees. The Employer shall promptly provide the Contractor with such information as the Contractor may reasonably require in relation to the conduct and results of the Guarantee Test and any repeats thereof. 25.2.2 If for reasons not attributable to the Contractor, the Guarantee Test of the Facilities or the relevant part thereof cannot be successfully completed within the period from the date of Completion specified in the PCC or any other period agreed upon by the Employer and the Contractor, the Contractor shall be deemed to have fulfilled its obligations with respect to the Functional Guarantees, and GCC Sub-Clauses 28.2 and 28.3 shall not apply. 25.3 Operational Acceptance 25.3.1 Subject to GCC Sub-Clause 25.4 below, Operational Acceptance shall occur in respect of the Facilities or any part thereof when (a) the Guarantee Test has been successfully completed and the Functional Guarantees are met; or (b) the Guarantee Test has not been successfully completed or has not been carried out for reasons not attributable to the Contractor within the period from the date of Completion specified in the PCC pursuant to GCC Sub-Clause 25.2.2 above or any other period agreed upon by the Employer and the Contractor; or (c) the Contractor has paid the liquidated damages specified in GCC Sub-Clause 28.3 hereof; and (d) any minor items mentioned in GCC Sub-Clause 24.7 hereof relevant to the Facilities or that part thereof have been completed. 25.3.2 At any time after any of the events set out in GCC Sub-Clause 25.3.1 have occurred, the Contractor may give a notice to the Project Manager requesting the issue of an Operational Acceptance Certificate in the form provided in the Employer’s Requirements (Forms and Procedures) in respect of the Facilities or the part thereof specified in such notice as of the date of such notice. 25.3.3 The Project Manager shall, after consultation with the Employer, and within seven (7) days after receipt of the Contractor’s notice, issue an Operational Acceptance Certificate. 25.3.4 If within seven (7) days after receipt of the Contractor’s notice, the Project Manager fails to issue the Operational Acceptance Certificate or fails to inform the Contractor in writing of the justifiable reasons why the Project Manager has not issued the Operational Acceptance Certificate, the Facilities or the relevant part thereof shall be deemed to have been accepted as of the date of the Contractor’s said notice. 25.4 Partial Acceptance 25.4.1 If the Contract specifies that Completion and Commissioning shall be carried out in respect of parts of the Facilities, the provisions relating to Completion and Commissioning including the Guarantee Test shall apply to each such part of the Facilities individually, and the Operational Acceptance Certificate shall be issued accordingly for each such part of the Facilities. 25.4.2 If a part of the Facilities comprises facilities such as buildings, for which no Commissioning or Guarantee Test is required, then the Project Manager shall issue the Operational Acceptance Certificate for such facility when it attains Completion, provided that the Contractor shall thereafter complete any outstanding minor items that are listed in the Operational Acceptance Certificate. 25.5 Delayed Precommissioning and/or Guarantee Test 25.5.1 In the event that the Contractor is unable to proceed with the Precommissioning of the Facilities pursuant to Sub-Clause 24.3, or with the Guarantee Test pursuant to Sub-Clause 25.2, for reasons attributable to the Employer either on account of non availability of other facilities under the responsibilities of other contractor(s), or for reasons beyond the Contractor’s control, the provisions leading to “deemed” completion of activities such as Completion, pursuant to GCC Sub-Clause 24.6, and Operational Acceptance, pursuant to GCC Sub-Clause 25.3.4, and Contractor’s obligations regarding Defect Liability Period, pursuant to GCC Sub-Clause 27.2, Functional Guarantee, pursuant to GCC Clause 28, and Care of Facilities, pursuant to GCC Clause 32, and GCC Clause 41.1, Suspension, shall not apply. In this case, the following provisions shall apply. 25.5.2 When the Contractor is notified by the Project Manager that he will be unable to proceed with the activities and obligations pursuant to above Sub-Clause 25.5.1, the Contractor shall be entitled to the following: (a) the Time of Completion shall be extended for the period of suspension without imposition of liquidated damages pursuant to GCC Sub-Clause 26.2; (b) payments due to the Contractor in accordance with the provision specified in the Appendix to the Contract Agreement titled Terms and Procedures of Payment, which would not have been payable in normal circumstances due to non-completion of the subject activities, shall be released to the Contractor against submission of a security in the form of a bank guarantee of equivalent amount acceptable to the Employer, and which shall become null and void when the Contractor will have complied with its obligations regarding those payments, subject to the provision of Sub-Clause 25.5.3 below; (c) the expenses towards the above security and extension of other securities under the contract, of which validity needs to be extended, shall be reimbursed to the Contractor by the Employer; (d) the additional charges towards the care of the Facilities pursuant to GCC Sub-Clause 32.1 shall be reimbursed to the Contractor by the Employer for the period between the notification mentioned above and the notification mentioned in Sub-Clause 25.5.4 below. The provision of GCC Sub-Clause 33.2 shall apply to the Facilities during the same period. 25.5.3 In the event that the period of suspension under above Sub-Clause 25.5.1 actually exceeds one hundred eighty (180) days, the Employer and Contractor shall mutually agree to any additional compensation payable to the Contractor. 25.5.4 When the Contractor is notified by the Project Manager that the Plant is ready for Precommissioning, the Contractor shall proceed without delay in performing Precommissioning in accordance with Clause 24. |
26. Completion Time Guarantee | 26.1 The Contractor guarantees that it shall attain Completion of the Facilities (or a part for which a separate time for completion is specified) within the Time for Completion specified in the PCC pursuant to GCC Sub-Clause 8.2, or within such extended time to which the Contractor shall be entitled under GCC Clause 40 hereof. 26.2 If the Contractor fails to attain Completion of the Facilities or any part thereof within the Time for Completion or any extension thereof under GCC Clause 40, the Contractor shall pay to the Employer liquidated damages in the amount specified in the PCC as a percentage rate of the Contract Price or the relevant part thereof. The aggregate amount of such liquidated damages shall in no event exceed the amount specified as “Maximum” in the PCC as a percentage rate of the Contract Price. Once the “Maximum” is reached, the Employer may consider termination of the Contract, pursuant to GCC Sub-Clause 42.2.2. Such payment shall completely satisfy the Contractor’s obligation to attain Completion of the Facilities or the relevant part thereof within the Time for Completion or any extension thereof under GCC Clause 40. The Contractor shall have no further liability whatsoever to the Employer in respect thereof. However, the payment of liquidated damages shall not in any way relieve the Contractor from any of its obligations to complete the Facilities or from any other obligations and liabilities of the Contractor under the Contract. Save for liquidated damages payable under this GCC Sub-Clause 26.2, the failure by the Contractor to attain any milestone or other act, matter or thing by any date specified in the Appendix to the Contract Agreement titled Time Schedule, and/or other program of work prepared pursuant to GCC Sub-Clause 18.2 shall not render the Contractor liable for any loss or damage thereby suffered by the Employer. 26.3 If the Contractor attains Completion of the Facilities or any part thereof before the Time for Completion or any extension thereof under GCC Clause 40, the Employer shall pay to the Contractor a bonus in the amount specified in the PCC. The aggregate amount of such bonus shall in no event exceed the amount specified as “Maximum” in the PCC. |
27. Defect Liability | 27.1 The Contractor warrants that the Facilities or any part thereof shall be free from defects in the design, engineering, materials and workmanship of the Plant supplied and of the work executed. 27.2 The Defect Liability Period shall be five hundred and forty (540) days from the date of Completion of the Facilities (or any part thereof) or one year from the date of Operational Acceptance of the Facilities (or any part thereof), whichever first occurs, unless specified otherwise in the PCC pursuant to GCC Sub-Clause 27.10. If during the Defect Liability Period any defect should be found in the design, engineering, materials and workmanship of the Plant supplied or of the work executed by the Contractor, the Contractor shall promptly, in consultation and agreement with the Employer regarding appropriate remedying of the defects, and at its cost, repair, replace or otherwise make good as the Contractor shall determine at its discretion, such defect as well as any damage to the Facilities caused by such defect. The Contractor shall not be responsible for the repair, replacement or making good of any defect or of any damage to the Facilities arising out of or resulting from any of the following causes: (a) improper operation or maintenance of the Facilities by the Employer; (b) operation of the Facilities outside specifications provided in the Contract; or (c) normal wear and tear. 27.3 The Contractor’s obligations under this GCC Clause 27 shall not apply to: (a) any materials that are supplied by the Employer under GCC Sub-Clause 21.2, are normally consumed in operation, or have a normal life shorter than the Defect Liability Period stated herein; (b) any designs, specifications or other data designed, supplied or specified by or on behalf of the Employer or any matters for which the Contractor has disclaimed responsibility herein; or (c) any other materials supplied or any other work executed by or on behalf of the Employer, except for the work executed by the Employer under GCC Sub-Clause 27.7. 27.4 The Employer shall give the Contractor a notice stating the nature of any such defect together with all available evidence thereof, promptly following the discovery thereof. The Employer shall afford all reasonable opportunity for the Contractor to inspect any such defect. 27.5 The Employer shall afford the Contractor all necessary access to the Facilities and the Site to enable the Contractor to perform its obligations under this GCC Clause 27. The Contractor may, with the consent of the Employer, remove from the Site any Plant or any part of the Facilities that are defective if the nature of the defect, and/or any damage to the Facilities caused by the defect, is such that repairs cannot be expeditiously carried out at the Site. 27.6 If the repair, replacement or making good is of such a character that it may affect the efficiency of the Facilities or any part thereof, the Employer may give to the Contractor a notice requiring that tests of the defective part of the Facilities shall be made by the Contractor immediately upon completion of such remedial work, whereupon the Contractor shall carry out such tests. If such part fails the tests, the Contractor shall carry out further repair, replacement or making good, as the case may be, until that part of the Facilities passes such tests. The tests shall be agreed upon by the Employer and the Contractor. 27.7 If the Contractor fails to commence the work necessary to remedy such defect or any damage to the Facilities caused by such defect within a reasonable time (which shall in no event be considered to be less than fifteen (15) days), the Employer may, following notice to the Contractor, proceed to do such work, and the reasonable costs incurred by the Employer in connection therewith shall be paid to the Employer by the Contractor or may be deducted by the Employer from any monies due the Contractor or claimed under the Performance Security. 27.8 If the Facilities or any part thereof cannot be used by reason of such defect and/or making good of such defect, the Defect Liability Period of the Facilities or such part, as the case may be, shall be extended by a period equal to the period during which the Facilities or such part cannot be used by the Employer because of any of the aforesaid reasons. 27.9 Except as provided in GCC Clauses 27 and 33, the Contractor shall be under no liability whatsoever and howsoever arising, and whether under the Contract or at law, in respect of defects in the Facilities or any part thereof, the Plant, design or engineering or work executed that appear after Completion of the Facilities or any part thereof, except where such defects are the result of the gross negligence, fraud, or criminal or willful action of the Contractor. 27.10 In addition, any such component of the Facilities, and during the period of time as may be specified in the PCC, shall be subject to an extended defect liability period. Such obligation of the Contractor shall be in addition to the defect liability period specified under GCC Sub-Clause 27.2. |
28. Functional Guarantees | 28.1 The Contractor guarantees that during the Guarantee Test, the Facilities and all parts thereof shall attain the Functional Guarantees specified in the Appendix to the Contract Agreement titled Functional Guarantees, subject to and upon the conditions therein specified. 28.2 If, for reasons attributable to the Contractor, the minimum level of the Functional Guarantees specified in the Appendix to the Contract Agreement titled Functional Guarantees, are not met either in whole or in part, the Contractor shall at its cost and expense make such changes, modifications and/or additions to the Plant or any part thereof as may be necessary to meet at least the minimum level of such Guarantees. The Contractor shall notify the Employer upon completion of the necessary changes, modifications and/or additions, and shall request the Employer to repeat the Guarantee Test until the minimum level of the Guarantees has been met. If the Contractor eventually fails to meet the minimum level of Functional Guarantees, the Employer may consider termination of the Contract, pursuant to GCC Sub-Clause 42.2.2. 28.3 If, for reasons attributable to the Contractor, the Functional Guarantees specified in the Appendix to the Contract Agreement titled Functional Guarantees, are not attained either in whole or in part, but the minimum level of the Functional Guarantees specified in the said Appendix to the Contract Agreement is met, the Contractor shall, at the Contractor’s option, either (a) make such changes, modifications and/or additions to the Facilities or any part thereof that are necessary to attain the Functional Guarantees at its cost and expense, and shall request the Employer to repeat the Guarantee Test or (b) pay liquidated damages to the Employer in respect of the failure to meet the Functional Guarantees in accordance with the provisions in the Appendix to the Contract Agreement titled Functional Guarantees. 28.4 The payment of liquidated damages under GCC Sub-Clause 28.3, up to the limitation of liability specified in the Appendix to the Contract Agreement titled Functional Guarantees, shall completely satisfy the Contractor’s guarantees under GCC Sub-Clause 28.3, and the Contractor shall have no further liability whatsoever to the Employer in respect thereof. Upon the payment of such liquidated damages by the Contractor, the Project Manager shall issue the Operational Acceptance Certificate for the Facilities or any part thereof in respect of which the liquidated damages have been so paid. |
29. Patent Indemnity | 29.1 The Contractor shall, subject to the Employer’s compliance with GCC Sub-Clause 29.2, indemnify and hold harmless the Employer and its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses, which the Employer may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright or other intellectual property right registered or otherwise existing at the date of the Contract by reason of: (a) the installation of the Facilities by the Contractor or the use of the Facilities in the country where the Site is located; and (b) the sale of the products produced by the Facilities in any country. Such indemnity shall not cover any use of the Facilities or any part thereof other than for the purpose indicated by or to be reasonably inferred from the Contract, any infringement resulting from the use of the Facilities or any part thereof, or any products produced thereby in association or combination with any other equipment, Plant or materials not supplied by the Contractor, pursuant to the Contract Agreement. 29.2 If any proceedings are brought or any claim is made against the Employer arising out of the matters referred to in GCC Sub-Clause 29.1, the Employer shall promptly give the Contractor a notice thereof, and the Contractor may at its own expense and in the Employer’s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim. If the Contractor fails to notify the Employer within twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the Employer shall be free to conduct the same on its own behalf. Unless the Contractor has so failed to notify the Employer within the twenty-eight (28) day period, the Employer shall make no admission that may be prejudicial to the defense of any such proceedings or claim. The Employer shall, at the Contractor’s request, afford all available assistance to the Contractor in conducting such proceedings or claim, and shall be reimbursed by the Contractor for all reasonable expenses incurred in so doing. 29.3 The Employer shall indemnify and hold harmless the Contractor and its employees, officers and Subcontractors from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses, which the Contractor may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright or other intellectual property right registered or otherwise existing at the date of the Contract arising out of or in connection with any design, data, drawing, specification, or other documents or materials provided or designed by or on behalf of the Employer. |
30. Limitation of Liability | 30.1 Except in cases of criminal negligence or willful misconduct, (a) neither Party shall be liable to the other Party, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, which may be suffered by the other Party in connection with the Contract, other than specifically provided as any obligation of the Party in the Contract, and (b) the aggregate liability of the Contractor to the Employer, whether under the Contract, in tort or otherwise, shall not exceed the amount resulting from the application of the multiplier specified in the PCC, to the Contract Price or, if a multiplier is not so specified, the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the Contractor to indemnify the Employer with respect to patent infringement. |
31. Transfer of Ownership | 31.1 Ownership of the Plant (including spare parts) to be imported into the country where the Site is located shall be transferred to the Employer upon loading on to the mode of transport to be used to convey the Plant from the country of origin to that country. 31.2 Ownership of the Plant (including spare parts) procured in the country where the Site is located shall be transferred to the Employer when the Plant are brought on to the Site. 31.3 Ownership of the Contractor’s Equipment used by the Contractor and its Subcontractors in connection with the Contract shall remain with the Contractor or its Subcontractors. 31.4 Ownership of any Plant in excess of the requirements for the Facilities shall revert to the Contractor upon Completion of the Facilities or at such earlier time when the Employer and the Contractor agree that the Plant in question are no longer required for the Facilities. 31.5 Notwithstanding the transfer of ownership of the Plant, the responsibility for care and custody thereof together with the risk of loss or damage thereto shall remain with the Contractor pursuant to GCC Clause 32 (Care of Facilities) hereof until Completion of the Facilities or the part thereof in which such Plant are incorporated. |
32. Care of Facilities | 32.1 The Contractor shall be responsible for the care and custody of the Facilities or any part thereof until the date of Completion of the Facilities pursuant to GCC Clause 24 or, where the Contract provides for Completion of the Facilities in parts, until the date of Completion of the relevant part, and shall make good at its own cost any loss or damage that may occur to the Facilities or the relevant part thereof from any cause whatsoever during such period. The Contractor shall also be responsible for any loss or damage to the Facilities caused by the Contractor or its Subcontractors in the course of any work carried out, pursuant to GCC Clause 27. Notwithstanding the foregoing, the Contractor shall not be liable for any loss or damage to the Facilities or that part thereof caused by reason of any of the matters specified or referred to in paragraphs (a), (b) and (c) of GCC Sub-Clauses 32.2 and 38.1. 32.2 If any loss or damage occurs to the Facilities or any part thereof or to the Contractor’s temporary facilities by reason of (a) insofar as they relate to the country where the Site is located, nuclear reaction, nuclear radiation, radioactive contamination, pressure wave caused by aircraft or other aerial objects, or any other occurrences that an experienced contractor could not reasonably foresee, or if reasonably foreseeable could not reasonably make provision for or insure against, insofar as such risks are not normally insurable on the insurance market and are mentioned in the general exclusions of the policy of insurance, including War Risks and Political Risks, taken out under GCC Clause 34 hereof; or (b) any use or occupation by the Employer or any third Party other than a Subcontractor, authorized by the Employer of any part of the Facilities; or (c) any use of or reliance upon any design, data or specification provided or designated by or on behalf of the Employer, or any such matter for which the Contractor has disclaimed responsibility herein, the Employer shall pay to the Contractor all sums payable in respect of the Facilities executed, notwithstanding that the same be lost, destroyed or damaged, and will pay to the Contractor the replacement value of all temporary facilities and all parts thereof lost, destroyed or damaged. If the Employer requests the Contractor in writing to make good any loss or damage to the Facilities thereby occasioned, the Contractor shall make good the same at the cost of the Employer in accordance with GCC Clause 39. If the Employer does not request the Contractor in writing to make good any loss or damage to the Facilities thereby occasioned, the Employer shall either request a change in accordance with GCC Clause 39, excluding the performance of that part of the Facilities thereby lost, destroyed or damaged, or, where the loss or damage affects a substantial part of the Facilities, the Employer shall terminate the Contract pursuant to GCC Sub-Clause 42.1 hereof. 32.3 The Contractor shall be liable for any loss of or damage to any Contractor’s Equipment, or any other property of the Contractor used or intended to be used for purposes of the Facilities, except (i) as mentioned in GCC Sub-Clause 32.2 with respect to the Contractor’s temporary facilities, and (ii) where such loss or damage arises by reason of any of the matters specified in GCC Sub-Clauses 32.2 (b) and (c) and 38.1. 32.4 With respect to any loss or damage caused to the Facilities or any part thereof or to the Contractor’s Equipment by reason of any of the matters specified in GCC Sub-Clause 38.1, the provisions of GCC Sub-Clause 38.3 shall apply. |
33. Loss of or Damage to Property; Accident or Injury to Workers; Indemnification | 33.1 Subject to GCC Sub-Clause 33.3, the Contractor shall indemnify and hold harmless the Employer and its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses, in respect of the death or injury of any person or loss of or damage to any property other than the Facilities whether accepted or not, arising in connection with the supply and installation of the Facilities and by reason of the negligence of the Contractor or its Subcontractors, or their employees, officers or agents, except any injury, death or property damage caused by the negligence of the Employer, its contractors, employees, officers or agents. 33.2 If any proceedings are brought or any claim is made against the Employer that might subject the Contractor to liability under GCC Sub-Clause 33.1, the Employer shall promptly give the Contractor a notice thereof and the Contractor may at its own expense and in the Employer’s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim. If the Contractor fails to notify the Employer within twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the Employer shall be free to conduct the same on its own behalf. Unless the Contractor has so failed to notify the Employer within the twenty-eight (28) day period, the Employer shall make no admission that may be prejudicial to the defense of any such proceedings or claim. The Employer shall, at the Contractor’s request, afford all available assistance to the Contractor in conducting such proceedings or claim, and shall be reimbursed by the Contractor for all reasonable expenses incurred in so doing. 33.3 The Employer shall indemnify and hold harmless the Contractor and its employees, officers and Subcontractors from any liability for loss of or damage to property of the Employer, other than the Facilities not yet taken over, that is caused by fire, explosion or any other perils, in excess of the amount recoverable from insurances procured under GCC Clause 34, provided that such fire, explosion or other perils were not caused by any act or failure of the Contractor. 33.4 The Party entitled to the benefit of an indemnity under this GCC Clause 33 shall take all reasonable measures to mitigate any loss or damage which has occurred. If the Party fails to take such measures, the other Party’s liabilities shall be correspondingly reduced. |
34. Insurance | 34.1 To the extent specified in the Appendix to the Contract Agreement titled Insurance Requirements, the Contractor shall at its expense take out and maintain in effect, or cause to be taken out and maintained in effect, during the performance of the Contract, the insurances set forth below in the sums and with the deductibles and other conditions specified in the said Appendix. The identity of the insurers and the form of the policies shall be subject to the approval of the Employer, who should not unreasonably withhold such approval. (a) Cargo Insurance During Transport Covering loss or damage occurring while in transit from the Contractor’s or Subcontractor’s works or stores until arrival at the Site, to the Plant (including spare parts therefor) and to the Contractor’s Equipment. (b) Installation All Risks Insurance Covering physical loss or damage to the Facilities at the Site, occurring prior to Completion of the Facilities, with an extended maintenance coverage for the Contractor’s liability in respect of any loss or damage occurring during the Defect Liability Period while the Contractor is on the Site for the purpose of performing its obligations during the Defect Liability Period. (c) Third Party Liability Insurance Covering bodily injury or death suffered by third Parties including the Employer’s personnel, and loss of or damage to property occurring in connection with the supply and installation of the Facilities. (d) Automobile Liability Insurance Covering use of all vehicles used by the Contractor or its Subcontractors, whether or not owned by them, in connection with the execution of the Contract. (e) Workers’ Compensation In accordance with the statutory requirements applicable in any country where the Contract or any part thereof is executed. (f) Employer’s Liability In accordance with the statutory requirements applicable in any country where the Contract or any part thereof is executed. (g) Other Insurances Such other insurances as may be specifically agreed upon by the Parties hereto as listed in the Appendix to the Contract Agreement titled Insurance Requirements. 34.2 The Employer shall be named as co-insured under all insurance policies taken out by the Contractor pursuant to GCC Sub-Clause 34.1, except for the Third Party Liability, Workers’ Compensation and Employer’s Liability Insurances, and the Contractor’s Subcontractors shall be named as co-insureds under all insurance policies taken out by the Contractor pursuant to GCC Sub-Clause 34.1 except for the Cargo Insurance During Transport, Workers’ Compensation and Employer’s Liability Insurances. All insurer’s rights of subrogation against such co-insureds for losses or claims arising out of the performance of the Contract shall be waived under such policies. 34.3 The Contractor shall, in accordance with the provisions of the Appendix to the Contract Agreement titled Insurance Requirements, deliver to the Employer certificates of insurance or copies of the insurance policies as evidence that the required policies are in full force and effect. The certificates shall provide that no less than twenty-one (21) days’ notice shall be given to the Employer by insurers prior to cancellation or material modification of a policy. 34.4 The Contractor shall ensure that, where applicable, its Subcontractor(s) shall take out and maintain in effect adequate insurance policies for their personnel and vehicles and for work executed by them under the Contract, unless such Subcontractors are covered by the policies taken out by the Contractor. 34.5 The Employer shall at its expense take out and maintain in effect during the performance of the Contract those insurances specified in the Appendix to the Contract Agreement titled Insurance Requirements, in the sums and with the deductibles and other conditions specified in the said Appendix. The Contractor and the Contractor’s Subcontractors shall be named as co-insureds under all such policies. All insurers’ rights of subrogation against such co-insureds for losses or claims arising out of the performance of the Contract shall be waived under such policies. The Employer shall deliver to the Contractor satisfactory evidence that the required insurances are in full force and effect. The policies shall provide that not less than twenty-one (21) days’ notice shall be given to the Contractor by all insurers prior to any cancellation or material modification of the policies. If so requested by the Contractor, the Employer shall provide copies of the policies taken out by the Employer under this GCC Sub-Clause 34.5. 34.6 If the Contractor fails to take out and/or maintain in effect the insurances referred to in GCC Sub-Clause 34.1, the Employer may take out and maintain in effect any such insurances and may from time to time deduct from any amount due the Contractor under the Contract any premium that the Employer shall have paid to the insurer, or may otherwise recover such amount as a debt due from the Contractor. If the Employer fails to take out and/or maintain in effect the insurances referred to in GCC 34.5, the Contractor may take out and maintain in effect any such insurances and may from time to time deduct from any amount due the Employer under the Contract any premium that the Contractor shall have paid to the insurer, or may otherwise recover such amount as a debt due from the Employer. If the Contractor fails to or is unable to take out and maintain in effect any such insurances, the Contractor shall nevertheless have no liability or responsibility towards the Employer, and the Contractor shall have full recourse against the Employer for any and all liabilities of the Employer herein. 34.7 Unless otherwise provided in the Contract, the Contractor shall prepare and conduct all and any claims made under the policies effected by it pursuant to this GCC Clause 34, and all monies payable by any insurers shall be paid to the Contractor. The Employer shall give to the Contractor all such reasonable assistance as may be required by the Contractor. With respect to insurance claims in which the Employer’s interest is involved, the Contractor shall not give any release or make any compromise with the insurer without the prior written consent of the Employer. With respect to insurance claims in which the Contractor’s interest is involved, the Employer shall not give any release or make any compromise with the insurer without the prior written consent of the Contractor. |
35. Unforeseen Conditions | 35.1 If, during the execution of the Contract, the Contractor shall encounter on the Site any physical conditions other than climatic conditions, or artificial obstructions that could not have been reasonably foreseen prior to the date of the Contract Agreement by an experienced contractor on the basis of reasonable examination of the data relating to the Facilities including any data as to boring tests, provided by the Employer, and on the basis of information that it could have obtained from a visual inspection of the Site if access thereto was available, or other data readily available to it relating to the Facilities, and if the Contractor determines that it will in consequence of such conditions or obstructions incur additional cost and expense or require additional time to perform its obligations under the Contract that would not have been required if such physical conditions or artificial obstructions had not been encountered, the Contractor shall promptly, and before performing additional work or using additional Plant or Contractor’s Equipment, notify the Project Manager in writing of (a) the physical conditions or artificial obstructions on the Site that could not have been reasonably foreseen; (b) the additional work and/or Plant and/or Contractor’s Equipment required, including the steps which the Contractor will or proposes to take to overcome such conditions or obstructions; (c) the extent of the anticipated delay; and (d) the additional cost and expense that the Contractor is likely to incur. On receiving any notice from the Contractor under this GCC Sub-Clause 35.1, the Project Manager shall promptly consult with the Employer and Contractor and decide upon the actions to be taken to overcome the physical conditions or artificial obstructions encountered. Following such consultations, the Project Manager shall instruct the Contractor, with a copy to the Employer, of the actions to be taken. 35.2 Any reasonable additional cost and expense incurred by the Contractor in following the instructions from the Project Manager to overcome such physical conditions or artificial obstructions referred to in GCC Sub-Clause 35.1 shall be paid by the Employer to the Contractor as an addition to the Contract Price. If the Contractor is delayed or impeded in the performance of the Contract because of any such physical conditions or artificial obstructions referred to in GCC Sub-Clause 35.1, the Time for Completion shall be extended in accordance with GCC Clause 40. |
36. Change in Laws and Regulations | 36.1 If, after the date twenty-eight (28) days prior to the date of Bid submission, in the country where the Site is located, any law, regulation, ordinance, order or by-law having the force of law is enacted, promulgated, abrogated or changed which shall be deemed to include any change in interpretation or application by the competent authorities, that subsequently affects the costs and expenses of the Contractor and/or the Time for Completion, the Contract Price shall be correspondingly increased or decreased, and/or the Time for Completion shall be reasonably adjusted to the extent that the Contractor has thereby been affected in the performance of any of its obligations under the Contract. Notwithstanding the foregoing, such additional or reduced costs shall not be separately paid or credited if the same has already been accounted for in the price adjustment provisions where applicable, in accordance with the PCC pursuant to GCC Sub-Clause 11.2. |
37. Force Majeure | 37.1 “Force Majeure” shall mean any event beyond the reasonable control of the Employer or of the Contractor, as the case may be, and which is unavoidable notwithstanding the reasonable care of the Party affected, and shall include, without limitation, the following: (a) war, hostilities or warlike operations whether a state of war be declared or not, invasion, act of foreign enemy and civil war (b) rebellion, revolution, insurrection, mutiny, usurpation of civil or military government, conspiracy, riot, civil commotion and terrorist acts (c) confiscation, nationalization, mobilization, commandeering or requisition by or under the order of any government or de jure or de facto authority or ruler or any other act or failure to act of any local state or national government authority (d) strike, sabotage, lockout, embargo, import restriction, port congestion, lack of usual means of public transportation and communication, industrial dispute, shipwreck, shortage or restriction of power supply, epidemics, quarantine and plague (e) earthquake, landslide, volcanic activity, fire, flood or inundation, tidal wave, typhoon or cyclone, hurricane, storm, lightning, or other inclement weather condition, nuclear and pressure waves or other natural or physical disaster (f) shortage of labor, materials or utilities where caused by circumstances that are themselves Force Majeure. 37.2 If either Party is prevented, hindered or delayed from or in performing any of its obligations under the Contract by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event. 37.3 The Party who has given such notice shall be excused from the performance or punctual performance of its obligations under the Contract for so long as the relevant event of Force Majeure continues and to the extent that such Party’s performance is prevented, hindered or delayed. The Time for Completion shall be extended in accordance with GCC Clause 40. 37.4 The Party or Parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the effect thereof upon its or their performance of the Contract and to fulfill its or their obligations under the Contract, but without prejudice to either Party’s right to terminate the Contract under GCC Sub-Clauses 37.6 and 38.5. 37.5 No delay or nonperformance by either Party hereto caused by the occurrence of any event of Force Majeure shall (a) constitute a default or breach of the Contract, or (b) give rise to any claim for damages or additional cost or expense occasioned thereby, subject to GCC Sub-Clauses 32.2, 38.3 and 38.4 if and to the extent that such delay or nonperformance is caused by the occurrence of an event of Force Majeure. 37.6 If the performance of the Contract is substantially prevented, hindered or delayed for a single period of more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days on account of one or more events of Force Majeure during the currency of the Contract, the Parties will attempt to develop a mutually satisfactory solution, failing which either Party may terminate the Contract by giving a notice to the other, but without prejudice to either Party’s right to terminate the Contract under GCC Sub-Clause 38.5. 37.7 In the event of termination pursuant to GCC Sub-Clause 37.6, the rights and obligations of the Employer and the Contractor shall be as specified in GCC Sub-Clauses 42.1.2 and 42.1.3. 37.8 Notwithstanding GCC Sub-Clause 37.5, Force Majeure shall not apply to any obligation of the Employer to make payments to the Contractor herein. |
38. War Risks | 38.1 “War Risks” shall mean any event specified in paragraphs (a) and (b) of GCC Sub-Clause 37.1 and any explosion or impact of any mine, bomb, shell, grenade or other projectile, missile, munitions or explosive of war, occurring or existing in or near the country (or countries) where the Site is located. 38.2 Notwithstanding anything contained in the Contract, the Contractor shall have no liability whatsoever for or with respect to (a) destruction of or damage to Facilities, Plant, or any part thereof; (b) destruction of or damage to property of the Employer or any third Party; or (c) injury or loss of life if such destruction, damage, injury or loss of life is caused by any War Risks, and the Employer shall indemnify and hold the Contractor harmless from and against any and all claims, liabilities, actions, lawsuits, damages, costs, charges or expenses arising in consequence of or in connection with the same. 38.3 If the Facilities or any Plant or Contractor’s Equipment or any other property of the Contractor used or intended to be used for the purposes of the Facilities shall sustain destruction or damage by reason of any War Risks, the Employer shall pay the Contractor for (a) any part of the Facilities or the Plant so destroyed or damaged to the extent not already paid for by the Employer and so far as may be required by the Employer, and as may be necessary for completion of the Facilities (b) replacing or making good any Contractor’s Equipment or other property of the Contractor so destroyed or damaged (c) replacing or making good any such destruction or damage to the Facilities or the Plant or any part thereof . If the Employer does not require the Contractor to replace or make good any such destruction or damage to the Facilities, the Employer shall either request a change in accordance with GCC Clause 39, excluding the performance of that part of the Facilities thereby destroyed or damaged or, where the loss, destruction or damage affects a substantial part of the Facilities, shall terminate the Contract, pursuant to GCC Sub-Clause 42.1. If the Employer requires the Contractor to replace or make good on any such destruction or damage to the Facilities, the Time for Completion shall be extended in accordance with GCC 40. 38.4 Notwithstanding anything contained in the Contract, the Employer shall pay the Contractor for any increased costs or incidentals to the execution of the Contract that are in any way attributable to, consequent on, resulting from, or in any way connected with any War Risks, provided that the Contractor shall as soon as practicable notify the Employer in writing of any such increased cost. 38.5 If during the performance of the Contract any War Risks shall occur that financially or otherwise materially affect the execution of the Contract by the Contractor, the Contractor shall use its reasonable efforts to execute the Contract with due and proper consideration given to the safety of its and its Subcontractors’ personnel engaged in the work on the Facilities, provided, however, that if the execution of the work on the Facilities becomes impossible or is substantially prevented for a single period of more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days on account of any War Risks, the Parties will attempt to develop a mutually satisfactory solution, failing which either Party may terminate the Contract by giving a notice to the other. 38.6 In the event of termination pursuant to GCC Sub-Clauses 38.3 or 38.5, the rights and obligations of the Employer and the Contractor shall be specified in GCC Sub-Clauses 42.1.2 and 42.1.3. |
39. Change in the Facilities | 39.1 Introducing a Change 39.1.1 Subject to GCC Sub-Clauses 39.2.5 and 39.2.7, the Employer shall have the right to propose, and subsequently require, that the Project Manager order the Contractor from time to time during the performance of the Contract to make any change, modification, addition or deletion to, in or from the Facilities hereinafter called “Change”, provided that such Change falls within the general scope of the Facilities and does not constitute unrelated work and that it is technically practicable, taking into account both the state of advancement of the Facilities and the technical compatibility of the Change envisaged with the nature of the Facilities as specified in the Contract. 39.1.2 Value Engineering: The Contractor may prepare, at its own cost, a value engineering proposal at any time during the performance of the contract. The value engineering proposal shall, at a minimum, include the following;
The Employer may accept the value engineering proposal if the proposal demonstrates benefits that:
without compromising the necessary functions of the Facilities. If the value engineering proposal is approved by the Employer and results in:
39.1.3 Notwithstanding GCC Sub-Clauses 39.1.1 and 39.1.2, no change made necessary because of any default of the Contractor in the performance of its obligations under the Contract shall be deemed to be a Change, and such change shall not result in any adjustment of the Contract Price or the Time for Completion. 39.1.4 The procedure on how to proceed with and execute Changes is specified in GCC Sub-Clauses 39.2 and 39.3, and further details and forms are provided in the Employer’s Requirements (Forms and Procedures). 39.2 Changes Originating from Employer 39.2.1 If the Employer proposes a Change pursuant to GCC Sub-Clause 39.1.1, it shall send to the Contractor a “Request for Change Proposal,” requiring the Contractor to prepare and furnish to the Project Manager as soon as reasonably practicable a “Change Proposal,” which shall include the following: (a) brief description of the Change (b) effect on the Time for Completion (c) estimated cost of the Change (d) effect on Functional Guarantees (if any) (e) effect on the Facilities (f) effect on any other provisions of the Contract: and (g) any additional documents as specified in the PCC. 39.2.2 Prior to preparing and submitting the “Change Proposal,” the Contractor shall submit to the Project Manager an “Estimate for Change Proposal,” which shall be an estimate of the cost of preparing and submitting the Change Proposal. Upon receipt of the Contractor’s Estimate for Change Proposal, the Employer shall do one of the following: (a) accept the Contractor’s estimate with instructions to the Contractor to proceed with the preparation of the Change Proposal (b) advise the Contractor of any part of its Estimate for Change Proposal that is unacceptable and request the Contractor to review its estimate (c) advise the Contractor that the Employer does not intend to proceed with the Change. 39.2.3 Upon receipt of the Employer’s instruction to proceed under GCC Sub-Clause 39.2.2 (a), the Contractor shall, with proper expedition, proceed with the preparation of the Change Proposal, in accordance with GCC Sub-Clause 39.2.1. 39.2.4 The pricing of any Change shall, as far as practicable, be calculated in accordance with the rates and prices included in the Contract. If such rates and prices are inequitable, the Parties thereto shall agree on specific rates for the valuation of the Change. 39.2.5 If before or during the preparation of the Change Proposal it becomes apparent that the aggregate effect of compliance therewith and with all other Change Orders that have already become binding upon the Contractor under this GCC Clause 39 would be to increase or decrease the Contract Price as originally set forth in Article 2 (Contract Price) of the Contract Agreement by more than fifteen percent (15%), the Contractor may give a written notice of objection thereto prior to furnishing the Change Proposal as aforesaid. If the Employer accepts the Contractor’s objection, the Employer shall withdraw the proposed Change and shall notify the Contractor in writing thereof. The Contractor’s failure to so object shall neither affect its right to object to any subsequent requested Changes or Change Orders herein, nor affect its right to take into account, when making such subsequent objection, the percentage increase or decrease in the Contract Price that any Change not objected to by the Contractor represents. 39.2.6 Upon receipt of the Change Proposal, the Employer and the Contractor shall mutually agree upon all matters therein contained. Within fourteen (14) days after such agreement, the Employer shall, if it intends to proceed with the Change, issue the Contractor with a Change Order. If the Employer is unable to reach a decision within fourteen (14) days, it shall notify the Contractor with details of when the Contractor can expect a decision. If the Employer decides not to proceed with the Change for whatever reason, it shall, within the said period of fourteen (14) days, notify the Contractor accordingly. Under such circumstances, the Contractor shall be entitled to reimbursement of all costs reasonably incurred by it in the preparation of the Change Proposal, provided that these do not exceed the amount given by the Contractor in its Estimate for Change Proposal submitted in accordance with GCC Sub-Clause 39.2.2. 39.2.7 If the Employer and the Contractor cannot reach agreement on the price for the Change, an equitable adjustment to the Time for Completion, or any other matters identified in the Change Proposal, the Employer may nevertheless instruct the Contractor to proceed with the Change by issue of a “Pending Agreement Change Order.” Upon receipt of a Pending Agreement Change Order, the Contractor shall immediately proceed with effecting the Changes covered by such Order. The Parties shall thereafter attempt to reach agreement on the outstanding issues under the Change Proposal. If the Parties cannot reach agreement within sixty (60) days from the date of issue of the Pending Agreement Change Order, then the matter may be referred to the Dispute Board in accordance with the provisions of GCC Sub-Clause 46.1. 39.3 Changes Originating from Contractor 39.3.1 If the Contractor proposes a Change pursuant to GCC Sub-Clause 39.1.2, the Contractor shall submit to the Project Manager a written “Application for Change Proposal,” giving reasons for the proposed Change and including the information specified in GCC Sub-Clause 39.1.2. Upon receipt of the Application for Change Proposal, the Parties shall follow the procedures outlined in GCC Sub-Clauses 39.2.6 and 39.2.7. However, the Contractor shall not be entitled to recover the costs of preparing the Application for Change Proposal. |
40. Extension of Time for Completion | 40.1 The Time(s) for Completion specified in the PCC pursuant to GCC Sub-Clause 8.2 shall be extended if the Contractor is delayed or impeded in the performance of any of its obligations under the Contract by reason of any of the following: (a) any Change in the Facilities as provided in GCC Clause 39 (b) any occurrence of Force Majeure as provided in GCC Clause 37, unforeseen conditions as provided in GCC Clause 35, or other occurrence of any of the matters specified or referred to in paragraphs (a), (b) and (c) of GCC Sub-Clause 32.2 (c) any suspension order given by the Employer under GCC Clause 41 hereof or reduction in the rate of progress pursuant to GCC Sub-Clause 41.2 or (d) any changes in laws and regulations as provided in GCC Clause 36 or (e) any default or breach of the Contract by the Employer, Appendix to the Contract Agreement titled ,or any activity, act or omission of the Employer, or the Project Manager, or any other contractors employed by the Employer, or
by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay or impediment sustained by the Contractor. 40.2 Except where otherwise specifically provided in the Contract, the Contractor shall submit to the Project Manager a notice of a claim for an extension of the Time for Completion, together with particulars of the event or circumstance justifying such extension as soon as reasonably practicable after the commencement of such event or circumstance. As soon as reasonably practicable after receipt of such notice and supporting particulars of the claim, the Employer and the Contractor shall agree upon the period of such extension. In the event that the Contractor does not accept the Employer’s estimate of a fair and reasonable time extension, the Contractor shall be entitled to refer the matter to a Dispute Board, pursuant to GCC Sub-Clause 46.1. 40.3 The Contractor shall at all times use its reasonable efforts to minimize any delay in the performance of its obligations under the Contract. 40.4 In all cases where the Contractor has given a notice of a claim for an extension of time under GCC 40.2, the Contractor shall consult with the Project Manager in order to determine the steps (if any) which can be taken to overcome or minimize the actual or anticipated delay. The Contractor shall there after comply with all reasonable instructions which the Project Manager shall give in order to minimize such delay. If compliance with such instructions shall cause the Contractor to incur extra costs and the Contractor is entitled to an extension of time under GCC 40.1, the amount of such extra costs shall be added to the Contract Price. |
41. Suspension | 41.1 The Employer may request the Project Manager, by notice to the Contractor, to order the Contractor to suspend performance of any or all of its obligations under the Contract. Such notice shall specify the obligation of which performance is to be suspended, the effective date of the suspension and the reasons therefor. The Contractor shall thereupon suspend performance of such obligation, except those obligations necessary for the care or preservation of the Facilities, until ordered in writing to resume such performance by the Project Manager. If, by virtue of a suspension order given by the Project Manager, other than by reason of the Contractor’s default or breach of the Contract, the Contractor’s performance of any of its obligations is suspended for an aggregate period of more than ninety (90) days, then at any time thereafter and provided that at that time such performance is still suspended, the Contractor may give a notice to the Project Manager requiring that the Employer shall, within twenty-eight (28) days of receipt of the notice, order the resumption of such performance or request and subsequently order a change in accordance with GCC Clause 39, excluding the performance of the suspended obligations from the Contract. If the Employer fails to do so within such period, the Contractor may, by a further notice to the Project Manager, elect to treat the suspension, where it affects a part only of the Facilities, as a deletion of such part in accordance with GCC Clause 39 or, where it affects the whole of the Facilities, as termination of the Contract under GCC Sub-Clause 42.1. 41.2 If (a) the Employer has failed to pay the Contractor any sum due under the Contract within the specified period, has failed to approve any invoice or supporting documents without just cause pursuant to the Appendix to the Contract Agreement titled Terms and Procedures of Payment, or commits a substantial breach of the Contract, the Contractor may give a notice to the Employer that requires payment of such sum, with interest thereon as stipulated in GCC Sub-Clause 12.3, requires approval of such invoice or supporting documents, or specifies the breach and requires the Employer to remedy the same, as the case may be. If the Employer fails to pay such sum together with such interest, fails to approve such invoice or supporting documents or give its reasons for withholding such approval, or fails to remedy the breach or take steps to remedy the breach within fourteen (14) days after receipt of the Contractor’s notice or (b) the Contractor is unable to carry out any of its obligations under the Contract for any reason attributable to the Employer, including but not limited to the Employer’s failure to provide possession of or access to the Site or other areas in accordance with GCC Sub-Clause 10.2, or failure to obtain any governmental permit necessary for the execution and/or completion of the Facilities, then the Contractor may by fourteen (14) days’ notice to the Employer suspend performance of all or any of its obligations under the Contract, or reduce the rate of progress. 41.3 If the Contractor’s performance of its obligations is suspended or the rate of progress is reduced pursuant to this GCC Clause 41, then the Time for Completion shall be extended in accordance with GCC Sub-Clause 40.1, and any and all additional costs or expenses incurred by the Contractor as a result of such suspension or reduction shall be paid by the Employer to the Contractor in addition to the Contract Price, except in the case of suspension order or reduction in the rate of progress by reason of the Contractor’s default or breach of the Contract. 41.4 During the period of suspension, the Contractor shall not remove from the Site any Plant, any part of the Facilities or any Contractor’s Equipment, without the prior written consent of the Employer. |
42. Termination | 42.1 Termination for Employer’s Convenience 42.1.1 The Employer may at any time terminate the Contract for any reason by giving the Contractor a notice of termination that refers to this GCC Sub-Clause 42.1. 42.1.2 Upon receipt of the notice of termination under GCC Sub-Clause 42.1.1, the Contractor shall either immediately or upon the date specified in the notice of termination (a) cease all further work, except for such work as the Employer may specify in the notice of termination for the sole purpose of protecting that part of the Facilities already executed, or any work required to leave the Site in a clean and safe condition (b) terminate all subcontracts, except those to be assigned to the Employer pursuant to paragraph (d) (ii) below (c) remove all Contractor’s Equipment from the Site, repatriate the Contractor’s Personnel from the Site, remove from the Site any wreckage, rubbish and debris of any kind, and leave the whole of the Site in a clean and safe condition, and (d) subject to the payment specified in GCC Sub-Clause 42.1.3, (i) deliver to the Employer the parts of the Facilities executed by the Contractor up to the date of termination (ii) to the extent legally possible, assign to the Employer all right, title and benefit of the Contractor to the Facilities and to the Plant as of the date of termination, and, as may be required by the Employer, in any subcontracts concluded between the Contractor and its Subcontractors; and (iii) deliver to the Employer all non-proprietary drawings, specifications and other documents prepared by the Contractor or its Subcontractors as at the date of termination in connection with the Facilities. 42.1.3 In the event of termination of the Contract under GCC Sub-Clause 42.1.1, the Employer shall pay to the Contractor the following amounts: (a) the Contract Price, properly attributable to the parts of the Facilities executed by the Contractor as of the date of termination (b) the costs reasonably incurred by the Contractor in the removal of the Contractor’s Equipment from the Site and in the repatriation of the Contractor’s Personnel (c) any amounts to be paid by the Contractor to its Subcontractors in connection with the termination of any subcontracts, including any cancellation charges (d) costs incurred by the Contractor in protecting the Facilities and leaving the Site in a clean and safe condition pursuant to paragraph (a) of GCC Sub-Clause 42.1.2 (e) the cost of satisfying all other obligations, commitments and claims that the Contractor may in good faith have undertaken with third Parties in connection with the Contract and that are not covered by paragraphs (a) through (d) above. 42.2 Termination for Contractor’s Default 42.2.1 The Employer, without prejudice to any other rights or remedies it may possess, may terminate the Contract forthwith in the following circumstances by giving a notice of termination and its reasons therefor to the Contractor, referring to this GCC Sub-Clause 42.2: (a) if the Contractor becomes bankrupt or insolvent, has a receiving order issued against it, compounds with its creditors, or, if the Contractor is a corporation, a resolution is passed or order is made for its winding up, other than a voluntary liquidation for the purposes of amalgamation or reconstruction, a receiver is appointed over any part of its undertaking or assets, or if the Contractor takes or suffers any other analogous action in consequence of debt (b) if the Contractor assigns or transfers the Contract or any right or interest therein in violation of the provision of GCC Clause 43. (c) if the Contractor, in the judgment of the Employer has engaged in Fraud and Corruption, as defined in paragrpah 2.2 a. of Appendix B to the GCC, in competing for or in executing the Contract. 42.2.2 If the Contractor (a) has abandoned or repudiated the Contract (b) has without valid reason failed to commence work on the Facilities promptly or has suspended, other than pursuant to GCC Sub-Clause 41.2, the progress of Contract performance for more than twenty-eight (28) days after receiving a written instruction from the Employer to proceed (c) persistently fails to execute the Contract in accordance with the Contract or persistently neglects to carry out its obligations under the Contract without just cause (d) refuses or is unable to provide sufficient materials, services or labor to execute and complete the Facilities in the manner specified in the program furnished under GCC Sub-Clause 18.2 at rates of progress that give reasonable assurance to the Employer that the Contractor can attain Completion of the Facilities by the Time for Completion as extended, then the Employer may, without prejudice to any other rights it may possess under the Contract, give a notice to the Contractor stating the nature of the default and requiring the Contractor to remedy the same. If the Contractor fails to remedy or to take steps to remedy the same within fourteen (14) days of its receipt of such notice, then the Employer may terminate the Contract forthwith by giving a notice of termination to the Contractor that refers to this GCC Sub-Clause 42.2. 42.2.3 Upon receipt of the notice of termination under GCC Sub-Clauses 42.2.1 or 42.2.2, the Contractor shall, either immediately or upon such date as is specified in the notice of termination, (a) cease all further work, except for such work as the Employer may specify in the notice of termination for the sole purpose of protecting that part of the Facilities already executed, or any work required to leave the Site in a clean and safe condition (b) terminate all subcontracts, except those to be assigned to the Employer pursuant to paragraph (d) below (c) deliver to the Employer the parts of the Facilities executed by the Contractor up to the date of termination (d) to the extent legally possible, assign to the Employer all right, title and benefit of the Contractor to the Facilities and to the Plant as of the date of termination, and, as may be required by the Employer, in any subcontracts concluded between the Contractor and its Subcontractors (e) deliver to the Employer all drawings, specifications and other documents prepared by the Contractor or its Subcontractors as of the date of termination in connection with the Facilities. 42.2.4 The Employer may enter upon the Site, expel the Contractor, and complete the Facilities itself or by employing any third Party. The Employer may, to the exclusion of any right of the Contractor over the same, take over and use with the payment of a fair rental rate to the Contractor, with all the maintenance costs to the account of the Employer and with an indemnification by the Employer for all liability including damage or injury to persons arising out of the Employer’s use of such equipment, any Contractor’s Equipment owned by the Contractor and on the Site in connection with the Facilities for such reasonable period as the Employer considers expedient for the supply and installation of the Facilities. Upon completion of the Facilities or at such earlier date as the Employer thinks appropriate, the Employer shall give notice to the Contractor that such Contractor’s Equipment will be returned to the Contractor at or near the Site and shall return such Contractor’s Equipment to the Contractor in accordance with such notice. The Contractor shall thereafter without delay and at its cost remove or arrange removal of the same from the Site. 42.2.5 Subject to GCC Sub-Clause 42.2.6, the Contractor shall be entitled to be paid the Contract Price attributable to the Facilities executed as of the date of termination, the value of any unused or partially used Plant on the Site, and the costs, if any, incurred in protecting the Facilities and in leaving the Site in a clean and safe condition pursuant to paragraph (a) of GCC Sub-Clause 42.2.3. Any sums due the Employer from the Contractor accruing prior to the date of termination shall be deducted from the amount to be paid to the Contractor under this Contract. 42.2.6 If the Employer completes the Facilities, the cost of completing the Facilities by the Employer shall be determined. If the sum that the Contractor is entitled to be paid, pursuant to GCC Sub-Clause 42.2.5, plus the reasonable costs incurred by the Employer in completing the Facilities, exceeds the Contract Price, the Contractor shall be liable for such excess. If such excess is greater than the sums due the Contractor under GCC Sub-Clause 42.2.5, the Contractor shall pay the balance to the Employer, and if such excess is less than the sums due the Contractor under GCC Sub-Clause 42.2.5, the Employer shall pay the balance to the Contractor. The Employer and the Contractor shall agree, in writing, on the computation described above and the manner in which any sums shall be paid. 42.3 Termination by the Contractor 42.3.1 If (a) the Employer has failed to pay the Contractor any sum due under the Contract within the specified period, has failed to approve any invoice or supporting documents without just cause pursuant to the Appendix to the Contract Agreement titled Terms and Procedures of Payment, or commits a substantial breach of the Contract, the Contractor may give a notice to the Employer that requires payment of such sum, with interest thereon as stipulated in GCC Sub-Clause 12.3, requires approval of such invoice or supporting documents, or specifies the breach and requires the Employer to remedy the same, as the case may be. If the Employer fails to pay such sum together with such interest, fails to approve such invoice or supporting documents or give its reasons for withholding such approval, fails to remedy the breach or take steps to remedy the breach within fourteen (14) days after receipt of the Contractor’s notice, or (b) the Contractor is unable to carry out any of its obligations under the Contract for any reason attributable to the Employer, including but not limited to the Employer’s failure to provide possession of or access to the Site or other areas or failure to obtain any governmental permit necessary for the execution and/or completion of the Facilities, then the Contractor may give a notice to the Employer thereof, and if the Employer has failed to pay the outstanding sum, to approve the invoice or supporting documents, to give its reasons for withholding such approval, or to remedy the breach within twenty-eight (28) days of such notice, or if the Contractor is still unable to carry out any of its obligations under the Contract for any reason attributable to the Employer within twenty-eight (28) days of the said notice, the Contractor may by a further notice to the Employer referring to this GCC Sub-Clause 42.3.1, forthwith terminate the Contract. 42.3.2 The Contractor may terminate the Contract forthwith by giving a notice to the Employer to that effect, referring to this GCC Sub-Clause 42.3.2, if the Employer becomes bankrupt or insolvent, has a receiving order issued against it, compounds with its creditors, or, being a corporation, if a resolution is passed or order is made for its winding up (other than a voluntary liquidation for the purposes of amalgamation or reconstruction), a receiver is appointed over any part of its undertaking or assets, or if the Employer takes or suffers any other analogous action in consequence of debt. 42.3.3 If the Contract is terminated under GCC Sub-Clauses 42.3.1 or 42.3.2, then the Contractor shall immediately (a) cease all further work, except for such work as may be necessary for the purpose of protecting that part of the Facilities already executed, or any work required to leave the Site in a clean and safe condition (b) terminate all subcontracts, except those to be assigned to the Employer pursuant to paragraph (d) (ii) (c) remove all Contractor’s Equipment from the Site and repatriate the Contractor’s Personnel from the Site, and (d) subject to the payment specified in GCC Sub-Clause 42.3.4, (i) deliver to the Employer the parts of the Facilities executed by the Contractor up to the date of termination (ii) to the extent legally possible, assign to the Employer all right, title and benefit of the Contractor to the Facilities and to the Plant as of the date of termination, and, as may be required by the Employer, in any subcontracts concluded between the Contractor and its Subcontractors, and (iii) deliver to the Employer all drawings, specifications and other documents prepared by the Contractor or its Subcontractors as of the date of termination in connection with the Facilities. 42.3.4 If the Contract is terminated under GCC Sub-Clauses 42.3.1 or 42.3.2, the Employer shall pay to the Contractor all payments specified in GCC Sub-Clause 42.1.3, and reasonable compensation for all loss, except for loss of profit, or damage sustained by the Contractor arising out of, in connection with or in consequence of such termination. 42.3.5 Termination by the Contractor pursuant to this GCC Sub-Clause 42.3 is without prejudice to any other rights or remedies of the Contractor that may be exercised in lieu of or in addition to rights conferred by GCC Sub-Clause 42.3. 42.4 In this GCC Clause 42, the expression “Facilities executed” shall include all work executed, Installation Services provided, and all Plant acquired, or subject to a legally binding obligation to purchase, by the Contractor and used or intended to be used for the purpose of the Facilities, up to and including the date of termination. 42.5 In this GCC Clause 42, in calculating any monies due from the Employer to the Contractor, account shall be taken of any sum previously paid by the Employer to the Contractor under the Contract, including any advance payment paid pursuant to the Appendix to the Contract Agreement titled Terms and Procedures of Payment. |
43. Assignment | 43.1 Neither the Employer nor the Contractor shall, without the express prior written consent of the other Party, which consent shall not be unreasonably withheld, assign to any third Party the Contract or any part thereof, or any right, benefit, obligation or interest therein or thereunder, except that the Contractor shall be entitled to assign either absolutely or by way of charge any monies due and payable to it or that may become due and payable to it under the Contract. |
44. Export Restrictions | 44.1 Notwithstanding any obligation under the Contract to complete all export formalities, any export restrictions attributable to the Employer, to the country of the Employer or to the use of the Plant and Installation Services to be supplied which arise from trade regulations from a country supplying those Plant and Installation Services, and which substantially impede the Contractor from meeting its obligations under the Contract, shall release the Contractor from the obligation to provide deliveries or services, always provided, however, that the Contractor can demonstrate to the satisfaction of the Employer and of the Bank that it has completed all formalities in a timely manner, including applying for permits, authorizations and licenses necessary for the export of the Plant and Installation Services under the terms of the Contract. Termination of the Contract on this basis shall be for the Employer’s convenience pursuant to Sub-Clause 42.1. |
45. Contractor’s Claims | 45.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall submit a notice to the Project Manager, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance. If the Contractor fails to give notice of a claim within such period of 28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub-Clause shall apply. The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all as relevant to such event or circumstance. The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project Manager. Without admitting the Employer’s liability, the Project Manager may, after receiving any notice under this Sub-Clause, monitor the record-keeping and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager to inspect all these records, and shall (if instructed) submit copies to the Project Manager. Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project Manager, the Contractor shall send to the Project Manager a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager and approved by the Contractor, the Project Manager shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within such time. Each Payment Certificate shall include such amounts for any claim as have been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only be entitled to payment for such part of the claim as he has been able to substantiate. The Project Manager shall agree with the Contractor or estimate: (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with GCC Clause 40, and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract. The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contractor fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub-Clause. In the event that the Contractor and the Employer cannot agree on any matter relating to a claim, either Party may refer the matter to the Dispute Board pursuant to GCC 46 hereof. |
46. Disputes and Arbitration | 46.1 Appointment of the Dispute Board Disputes shall be referred to a DB for decision in accordance with GCC Sub-Clause 46.3. The Parties shall appoint a DB by the date stated in the PCC. The DB shall comprise, as stated in the PCC, either one or three suitably qualified persons (“the members”), each of whom shall meet the criteria set forth in Sub-Clause 3 of Appendix A- General Conditions of Dispute Board Agreement. If the number is not so stated and the Parties do not agree otherwise, the DB shall comprise three persons, one of whom shall serve as chairman. If the Contract is with a foreign Contractor, the DB members shall not have the same nationality as the Employer or the Contractor. If the Parties have not jointly appointed the DB 21 days before the date stated in the PCC and the DB is to comprise three persons, each Party shall nominate one member for the approval of the other Party. The first two members shall recommend and the Parties shall agree upon the third member, who shall act as chairman. However, if a list of potential members is included in the PCC, the members shall be selected from those on the list, other than anyone who is unable or unwilling to accept appointment to the DB. The agreement between the Parties and either the sole member or each of the three members shall incorporate by reference the General Conditions of Dispute Board Agreement contained in the Appendix to these General Conditions, with such amendments as are agreed between them. The DB shall be deemed to be constituted on the date the Parties and the sole member or the three members (as the case may be) of the DB have all signed a DB agreement. The terms of the remuneration of either the sole member or each of the three members, including the remuneration of any expert whom the DB consults, shall be mutually agreed upon by the Parties when agreeing the terms of appointment of the member or such expert (as the case may be). Each Party shall be responsible for paying one-half of this remuneration. If a member declines to act or is unable to act as a result of death, disability, resignation or termination of appointment, a replacement shall be appointed in the same manner as the replaced person was required to have been nominated or agreed upon, as described in this Sub-Clause. The appointment of any member may be terminated by mutual agreement of both Parties, but not by the Employer or the Contractor acting alone. Unless otherwise agreed by both Parties, the appointment of the DB (including each member) shall expire when the Operational Acceptance Certificate has been issued in accordance with GCC Sub-Clause 25.3. |
| 46.2 Failure to Agree on the Composition of the Dispute Board If any of the following conditions apply, namely:
then the appointing entity or official named in the PCC shall, upon the request of either or both of the Parties and after due consultation with both Parties, appoint this member of the DB. This appointment shall be final and conclusive. Each Party shall be responsible for paying one-half of the remuneration of the appointing entity or official. |
| 46.3 Obtaining Dispute Board’s Decision If a dispute (of any kind whatsoever) arises between the Parties in connection with the performance of the Contract, including any dispute as to any certificate, determination, instruction, opinion or valuation of the Project Manager, either Party may refer the dispute in writing to the DB for its decision, with copies to the other Party and the Project Manager. Such reference shall state that it is given under this Sub-Clause. For a DB of three persons, the DB shall be deemed to have received such reference on the date when it is received by the chairman of the DB. Both Parties shall promptly make available to the DB all such additional information, further access to the Site, and appropriate facilities, as the DB may require for the purposes of making a decision on such dispute. The DB shall be deemed to be not acting as arbitrator(s). Within 84 days after receiving such reference, or within such other period as may be proposed by the DB and approved by both Parties, the DB shall give its decision, which shall be reasoned and shall state that it is given under this Sub-Clause. The decision shall be binding on both Parties, who shall promptly give effect to it unless and until it shall be revised in an amicable settlement or an arbitral award as described below. Unless the Contract has already been abandoned, repudiated or terminated, the Contractor shall continue with the performance of the Facilities in accordance with the Contract. If either Party is dissatisfied with the DB’s decision, then either Party may, within 28 days after receiving the decision, give notice to the other Party of its dissatisfaction and intention to commence arbitration. If the DB fails to give its decision within the period of 84 days (or as otherwise approved) after receiving such reference, then either Party may, within 28 days after this period has expired, give notice to the other Party of its dissatisfaction and intention to commence arbitration. In either event, this notice of dissatisfaction shall state that it is given under this Sub-Clause, and shall set out the matter in dispute and the reason(s) for dissatisfaction. Except as stated in GCC Sub-Clauses 46.6 and 46.7, neither Party shall be entitled to commence arbitration of a dispute unless a notice of dissatisfaction has been given in accordance with this Sub-Clause. If the DB has given its decision as to a matter in dispute to both Parties, and no notice of dissatisfaction has been given by either Party within 28 days after it received the DB’s decision, then the decision shall become final and binding upon both Parties. |
| 46.4 Amicable Settlement Where notice of dissatisfaction has been given under GCC Sub-Clause 46.3 above, both Parties shall attempt to settle the dispute amicably before the commencement of arbitration. However, unless both Parties agree otherwise, arbitration may be commenced on or after the fifty-sixth day after the day on which notice of dissatisfaction and intention to commence arbitration was given, even if no attempt at amicable settlement has been made. |
| 46.5 Arbitration Unless indicated otherwise in the PCC, any dispute not settled amicably and in respect of which the DB’s decision (if any) has not become final and binding shall be finally settled by arbitration. Unless otherwise agreed by both Parties, arbitration shall be conducted as follows: (a) For contracts with foreign contractors: unless otherwise specified in the PCC; the dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce; by one or three arbitrators appointed in accordance with these Rules. The place of arbitration shall be the neutral location stated in the PCC; and the arbitration shall be conducted in the ruling language stated in the PCC; and (b) For contracts with domestic contractors, arbitration with proceedings conducted in accordance with the laws of the Employer’s Country. The arbitrator(s) shall have full power to open up, review and revise any certificate, determination, instruction, opinion or valuation of the Project Manager, and any decision of the DB, relevant to the dispute. Nothing shall disqualify the Project Manager from being called as a witness and giving evidence before the arbitrator(s) on any matter whatsoever relevant to the dispute. Neither Party shall be limited in the proceedings before the arbitrator(s) to the evidence or arguments previously put before the DB to obtain its decision, or to the reasons for dissatisfaction given in its notice of dissatisfaction. Any decision of the DB shall be admissible in evidence in the arbitration. Arbitration may be commenced prior to or after completion of the Facilities. The obligations of the Parties, the Project Manager and the DB shall not be altered by reason of any arbitration being conducted during the progress of the execution of the Facilities. |
| 46.6 Failure to Comply with Dispute Board’s Decision In the event that a Party fails to comply with a DB decision which has become final and binding, then the other Party may, without prejudice to any other rights it may have, refer the failure itself to arbitration under GCC Sub-Clause 46.5. GCC Sub-Clauses 46.3 and 46.4 shall not apply to this reference. |
| 46.7 Expiry of Dispute Board’s Appointment If a dispute arises between the Parties in connection with the performance of the Contract, and there is no DB in place, whether by reason of the expiry of the DB’s appointment or otherwise: (a) GCC Sub-Clauses 46.3 and 46.4 shall not apply, and (b) the dispute may be referred directly to arbitration under GCC Sub-Clause 46.5 |
47. Cyber Security
| 47.1 Pursuant to the PCC, the Contractor including its Subcontractors/ suppliers/ manufacturers shall take all technical and organizational measures necessary to protect the information technology systems and data used in connection with the Contract. Without limiting the foregoing, the Contractor, including its Subcontractors/ suppliers/ manufacturers, shall use all reasonable efforts to establish, maintain, implement and comply with, reasonable information technology, information security, cyber security and data protection controls, policies and procedures, including oversight, access controls, encryption, technological and physical safeguards and business continuity/disaster recovery and security plans that are designed to protect against and prevent breach, destruction, loss, unauthorized distribution, use, access, disablement, misappropriation or modification, or other compromise or misuse of or relating to any information technology system or data used in connection with the Contract. |
APPENDIX A
General Conditions of Dispute Board Agreement
1. Definitions
Each “Dispute Board Agreement” is a tripartite agreement by and between:
the “Employer”;
the “Contractor”; and
the “Member” who is defined in the Dispute Board Agreement as being:
(i) the sole member of the “DB” and, where this is the case, all references to the “Other Members” do not apply, or
(ii) one of the three persons who are jointly called the “DB” (or “dispute board”) and, where this is the case, the other two persons are called the “Other Members”.
The Employer and the Contractor have entered (or intend to enter) into a contract, which is called the “Contract” and is defined in the Dispute Board Agreement, which incorporates this Appendix. In the Dispute Board Agreement, words and expressions which are not otherwise defined shall have the meanings assigned to them in the Contract.
2. General Provisions
Unless otherwise stated in the Dispute Board Agreement, it shall take effect on the latest of the following dates:
(a) the Commencement Date defined in the Contract,
(b) when the Employer, the Contractor and the Member have each signed the Dispute Board Agreement, or
(c) when the Employer, the Contractor and each of the Other Members (if any) have respectively each signed a dispute board agreement.
This employment of the Member is a personal appointment. At any time, the Member may give not less than 70 days’ notice of resignation to the Employer and to the Contractor, and the Dispute Board Agreement shall terminate upon the expiry of this period.
3. Warranties
The Member warrants and agrees that he/she is and shall be impartial and independent of the Employer, the Contractor and the Project Manager. The Member shall promptly disclose, to each of them and to the Other Members (if any), any fact or circumstance which might appear inconsistent with his/her warranty and agreement of impartiality and independence.
4. General Obligations of the Member
The Member shall:
(a) have no interest financial or otherwise in the Employer, the Contractor or the Project Manager, nor any financial interest in the Contract except for payment under the Dispute Board Agreement;
(b) not previously have been employed as a consultant or otherwise by the Employer, the Contractor or the Project Manager, except in such circumstances as were disclosed in writing to the Employer and the Contractor before they signed the Dispute Board Agreement;
(c) have disclosed in writing to the Employer, the Contractor and the Other Members (if any), before entering into the Dispute Board Agreement and to his/her best knowledge and recollection, any professional or personal relationships with any director, officer or employee of the Employer, the Contractor or the Project Manager, and any previous involvement in the overall project of which the Contract forms part;
(d) not, for the duration of the Dispute Board Agreement, be employed as a consultant or otherwise by the Employer, the Contractor or the Project Manager, except as may be agreed in writing by the Employer, the Contractor and the Other Members (if any);
(e) comply with the annexed procedural rules and with GCC Sub-Clause 46.3;
(f) not give advice to the Employer, the Contractor, the Employer’s Personnel or the Contractor’s Personnel concerning the conduct of the Contract, other than in accordance with the annexed procedural rules;
(g) not while a Member enter into discussions or make any agreement with the Employer, the Contractor or the Project Manager regarding employment by any of them, whether as a consultant or otherwise, after ceasing to act under the Dispute Board Agreement;
(h) ensure his/her availability for all site visits and hearings as are necessary;
(i) become conversant with the Contract and with the progress of the Facilities (and of any other parts of the project of which the Contract forms part) by studying all documents received which shall be maintained in a current working file;
(j) treat the details of the Contract and all the DB’s activities and hearings as private and confidential, and not publish or disclose them without the prior written consent of the Employer, the Contractor and the Other Members (if any); and
(k) be available to give advice and opinions, on any matter relevant to the Contract when requested by both the Employer and the Contractor, subject to the agreement of the Other Members (if any).
5. General Obligations of the Employer and the Contractor
The Employer, the Contractor, the Employer’s Personnel and the Contractor’s Personnel shall not request advice from or consultation with the Member regarding the Contract, otherwise than in the normal course of the DB’s activities under the Contract and the Dispute Board Agreement. The Employer and the Contractor shall be responsible for compliance with this provision, by the Employer’s Personnel and the Contractor’s Personnel respectively.
The Employer and the Contractor undertake to each other and to the Member that the Member shall not, except as otherwise agreed in writing by the Employer, the Contractor, the Member and the Other Members (if any):
(a) be appointed as an arbitrator in any arbitration under the Contract;
(b) be called as a witness to give evidence concerning any dispute before arbitrator(s) appointed for any arbitration under the Contract; or
(c) be liable for any claims for anything done or omitted in the discharge or purported discharge of the Member’s functions, unless the act or omission is shown to have been in bad faith.
The Employer and the Contractor hereby jointly and severally indemnify and hold the Member harmless against and from claims from which he is relieved from liability under the preceding paragraph.
Whenever the Employer or the Contractor refers a dispute to the DB under GCC Sub-Clause 46.3, which will require the Member to make a site visit and attend a hearing, the Employer or the Contractor shall provide appropriate security for a sum equivalent to the reasonable expenses to be incurred by the Member. No account shall be taken of any other payments due or paid to the Member.
6. Payment
The Member shall be paid as follows, in the currency named in the Dispute Board Agreement:
(a) a retainer fee per calendar month, which shall be considered as payment in full for:
(i) being available on 28 days’ notice for all site visits and hearings;
(ii) becoming and remaining conversant with all project developments and maintaining relevant files;
(iii) all office and overhead expenses including secretarial services, photocopying and office supplies incurred in connection with his duties; and
(iv) all services performed hereunder except those referred to in sub-paragraphs (b) and (c) of this Clause.
The retainer fee shall be paid with effect from the last day of the calendar month in which the Dispute Board Agreement becomes effective; until the last day of the calendar month in which the Taking-Over Certificate is issued for the whole of the Facilities.
With effect from the first day of the calendar month following the month in which Taking-Over Certificate is issued for the whole of the Facilities, the retainer fee shall be reduced by one third This reduced fee shall be paid until the first day of the calendar month in which the Member resigns or the Dispute Board Agreement is otherwise terminated.
(b) a daily fee which shall be considered as payment in full for:
(i) each day or part of a day up to a maximum of two days’ travel time in each direction for the journey between the Member’s home and the site, or another location of a meeting with the Other Members (if any);
(ii) each working day on site visits, hearings or preparing decisions; and
(iii) each day spent reading submissions in preparation for a hearing.
(c) all reasonable expenses including necessary travel expenses (air fare in less than first class, hotel and subsistence and other direct travel expenses) incurred in connection with the Member’s duties, as well as the cost of telephone calls, courier charges, faxes and telexes: a receipt shall be required for each item in excess of five percent of the daily fee referred to in sub-paragraph (b) of this Clause;
(d) any taxes properly levied in the Country on payments made to the Member (unless a national or permanent resident of the Country) under this Clause 6.
The retainer and daily fees shall be as specified in the Dispute Board Agreement. Unless it specifies otherwise, these fees shall remain fixed for the first 24 calendar months and shall thereafter be adjusted by agreement between the Employer, the Contractor and the Member, at each anniversary of the date on which the Dispute Board Agreement became effective.
If the Parties fail to agree on the retainer fee or the daily fee the appointing entity or official named in the PCC shall determine the amount of the fees to be used.
The Member shall submit invoices for payment of the monthly retainer and air fares quarterly in advance. Invoices for other expenses and for daily fees shall be submitted following the conclusion of a site visit or hearing. All invoices shall be accompanied by a brief description of activities performed during the relevant period and shall be addressed to the Contractor.
The Contractor shall pay each of the Member’s invoices in full within 56 calendar days after receiving each invoice and shall apply to the Employer (in the Statements under the Contract) for reimbursement of one-half of the amounts of these invoices. The Employer shall then pay the Contractor in accordance with the Contract.
If the Contractor fails to pay to the Member the amount to which he/she is entitled under the Dispute Board Agreement, the Employer shall pay the amount due to the Member and any other amount which may be required to maintain the operation of the DB; and without prejudice to the Employer’s rights or remedies. In addition to all other rights arising from this default, the Employer shall be entitled to reimbursement of all sums paid in excess of one-half of these payments, plus all costs of recovering these sums and financing charges calculated at the rate specified in accordance with GCC Sub-Clause 12.3.
If the Member does not receive payment of the amount due within 70 days after submitting a valid invoice, the Member may (i) suspend his/her services (without notice) until the payment is received, and/or (ii) resign his/her appointment by giving notice under Clause 7.
7. Termination
At any time: (i) the Employer and the Contractor may jointly terminate the Dispute Board Agreement by giving 42 days’ notice to the Member; or (ii) the Member may resign as provided for in Clause 2.
If the Member fails to comply with the Dispute Board Agreement, the Employer and the Contractor may, without prejudice to their other rights, terminate it by notice to the Member. The notice shall take effect when received by the Member.
If the Employer or the Contractor fails to comply with the Dispute Board Agreement, the Member may, without prejudice to his other rights, terminate it by notice to the Employer and the Contractor. The notice shall take effect when received by them both.
Any such notice, resignation and termination shall be final and binding on the Employer, the Contractor and the Member. However, a notice by the Employer or the Contractor, but not by both, shall be of no effect.
8. Default of the Member
If the Member fails to comply with any of his obligations under Clause 4 concerning his impartiality or independence in relation to the Employer or the Contractor, he/she shall not be entitled to any fees or expenses hereunder and shall, without prejudice to their other rights, reimburse each of the Employer and the Contractor for any fees and expenses received by the Member and the Other Members (if any), for proceedings or decisions (if any) of the DB which are rendered void or ineffective by the said failure to comply.
9. Disputes
Any dispute or claim arising out of or in connection with this Dispute Board Agreement, or the breach, termination or invalidity thereof, shall be finally settled by institutional arbitration. If no other arbitration institute is agreed, the arbitration shall be conducted under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with these Rules of Arbitration.
Appendix A
DISPUTE BOARD GUIDELINES
1. Unless otherwise agreed by the Employer and the Contractor, the DB shall visit the site at intervals of not more than 140 days, including times of critical construction events, at the request of either the Employer or the Contractor. Unless otherwise agreed by the Employer, the Contractor and the DB, the period between consecutive visits shall not be less than 70 days, except as required to convene a hearing as described below.
2. The timing of and agenda for each site visit shall be as agreed jointly by the DB, the Employer and the Contractor, or in the absence of agreement, shall be decided by the DB. The purpose of site visits is to enable the DB to become and remain acquainted with the progress of the execution of the Contract and of any actual or potential problems or claims, and, as far as reasonable, to prevent potential problems or claims from becoming disputes.
3. Site visits shall be attended by the Employer, the Contractor and the Project Manager and shall be coordinated by the Employer in co-operation with the Contractor. The Employer shall ensure the provision of appropriate conference facilities and secretarial and copying services. At the conclusion of each site visit and before leaving the site, the DB shall prepare a report on its activities during the visit and shall send copies to the Employer and the Contractor.
4. The Employer and the Contractor shall furnish to the DB one copy of all documents which the DB may request, including Contract documents, progress reports, variation instructions, certificates and other documents pertinent to the performance of the Contract. All communications between the DB and the Employer or the Contractor shall be copied to the other Party. If the DB comprises three persons, the Employer and the Contractor shall send copies of these requested documents and these communications to each of these persons.
5. If any dispute is referred to the DB in accordance with GCC Sub-Clause 46.3, the DB shall proceed in accordance with GCC Sub-Clause 46.3 and these Guidelines. Subject to the time allowed to give notice of a decision and other relevant factors, the DB shall:
(a) act fairly and impartially as between the Employer and the Contractor, giving each of them a reasonable opportunity of putting his case and responding to the other’s case, and
(b) adopt procedures suitable to the dispute, avoiding unnecessary delay or expense.
6. The DB may conduct a hearing on the dispute, in which event it will decide on the date and place for the hearing and may request that written documentation and arguments from the Employer and the Contractor be presented to it prior to or at the hearing.
7. Except as otherwise agreed in writing by the Employer and the Contractor, the DB shall have power to adopt an inquisitorial procedure, to refuse admission to hearings or audience at hearings to any persons other than representatives of the Employer, the Contractor and the Project Manager, and to proceed in the absence of any Party who the DB is satisfied received notice of the hearing; but shall have discretion to decide whether and to what extent this power may be exercised.
8. The Employer and the Contractor empower the DB, among other things, to:
(a) establish the procedure to be applied in deciding a dispute,
(b) decide upon the DB’s own jurisdiction, and as to the scope of any dispute referred to it,
(c) conduct any hearing as it thinks fit, not being bound by any rules or procedures other than those contained in the Contract and these Guidelines,
(d) take the initiative in ascertaining the facts and matters required for a decision,
(e) make use of its own specialist knowledge, if any,
(f) decide upon the payment of financing charges in accordance with the Contract,
(g) decide upon any provisional relief such as interim or conservatory measures,
(h) open up, review and revise any certificate, decision, determination, instruction, opinion or valuation of the Project Manager, relevant to the dispute, and
(i) appoint, should the DB so consider necessary and the Parties agree, a suitable expert/s (including legal and technical expert(s)) at the cost of the Parties to give advice on a specific matter/s relevant to the dispute.
9. The DB shall not express any opinions during any hearing concerning the merits of any arguments advanced by the Parties. Thereafter, the DB shall make and give its decision in accordance with GCC Sub-Clause 46.3, or as otherwise agreed by the Employer and the Contractor in writing. If the DB comprises three persons:
(a) it shall convene in private after a hearing, in order to have discussions and prepare its decision;
(b) it shall endeavor to reach a unanimous decision: if this proves impossible the applicable decision shall be made by a majority of the Members, who may require the minority Member to prepare a written report for submission to the Employer and the Contractor; and
(c) if a Member fails to attend a meeting or hearing, or to fulfil any required function, the other two Members may nevertheless proceed to make a decision, unless:
(i) either the Employer or the Contractor does not agree that they do so, or
(ii) the absent Member is the chairman and he/she instructs the other Members to not make a decision.
APPENDIX B
Fraud and Corruption
(Text in this Appendix shall not be modified)
APPENDIX C
Metrics for Progress Reports- Environmental and Social (ES)
Metrics for regular reporting:
APPENDIX D
Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH) Performance Declaration for Subcontractors
[The following table shall be filled in by each subcontractor proposed by the Contractor, that was not named in the Contract]
Subcontractor’s Name: [insert full name]
Date: [insert day, month, year]
Contract reference [insert contract reference]
Page [insert page number] of [insert total number] pages
SEA and/or SH Declaration
|
We: ¨ (a) have not been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations. ¨ (b) are subject to disqualification by the Bank for non-compliance with SEA/ SH obligations. ¨ (c) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations. An arbitral award on the disqualification case has been made in our favor.
|
[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the issues underlying the disqualification.] |
Name of the Subcontractor
Name of the person duly authorized to sign on behalf of the Subcontractor _______
Title of the person signing on behalf of the Subcontractor ______________________
Signature of the person named above ______________________
Date signed ________________________________ day of ___________________, _____
Countersignature of authorized representative of the Contractor:
Signature: ________________________________________________________
Date signed ________________________________ day of ___________________, _____
Section IX - Particular Conditions of Contract
The following Particular Conditions of Contract shall supplement the General Conditions of Contract in Section VIII. Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions. |
Particular Conditions of Contract (PCC)
The following Particular Conditions (PCC) shall supplement the General Conditions (GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the GCC. The clause number of the PCC is the corresponding clause number of the GCC.
PCC 1. Definitions | The Employer is: Eswatini Electricity Company The Project Manager is: Mr. Senzo Shongwe The Bank is: World Bank Country of Origin: all countries and territories as indicated in Section V of the bidding document, Eligible Countries. |
PCC 5. Law and Language | PCC 5.1 The Contract shall be interpreted in accordance with the laws of: Kingdom of Eswatini PCC 5.2 The ruling language is: English PCC 5.3 The language for communications is: English |
PCC 7. Scope of Facilities [Spare Parts] (GCC Clause 7) | PCC 7.3 The Contractor agrees to supply spare parts for a period of years: five (5) years Addition to PCC 7.3 The Contractor shall carry sufficient inventories to ensure an ex-stock supply of consumable spares for the Plant. Other spare parts and components shall be supplied as promptly as possible, but at the most within six (6) months of placing the order and opening the letter of credit. In addition, in the event of termination of the production of spare parts, advance notification will be made to the Employer of the pending termination, with sufficient time to permit the Employer to procure the needed requirement. Following such termination, the Contractor will furnish to the extent possible and at no cost to the Employer the blueprints, drawings and specifications of the spare parts, if requested. |
PCC 8. Time for Commencement and Completion | PCC 8.1 The Contractor shall commence work on the Facilities within 15 (fifteen) calendar days from the Effective Date for determining Time for Completion as specified in the Contract Agreement. PCC 8.2 The Time for Completion of the whole of the Facilities shall be Six (6) months from the Effective Date as described in the Contract Agreement. |
PCC 9. Contractor’s Responsibilities | PCC 9.8 The following sustainable procurement contractual provisions apply:
|
PCC 11. Contract Price | PCC 11.2 The Contract Price shall be a firm lump sum. |
PCC 12. Terms of Payment | PCC 12.5 An amount equivalent to 2% of the Contract price. |
PCC 13. Securities | PCC 13.3.1 The amount of Performance Security, as a percentage of the Contract Price for the Facility or for the part of the Facility for which a separate Time for Completion is provided, shall be: Ten (10%) of the Total Contract Price. PCC 13.3.2 The Performance Security shall be in the form of the Bank Guarantee attached hereto in Section X, Contract Forms. The Performance Security shall be issued by any registered "A" class commercial Bank in Kingdom of Eswatini, or a Foreign Bank. If Performance Security will be issued by a Foreign Bank, it shall be counter guaranteed by any registered "A" class commercial Bank in Kingdom of Eswatini. The performance security as required by the clause 13.3.1 above shall be valid for period covering entire contract execution period and any extension thereof plus defect liability period plus three months. PCC 13.3.3 The Performance Security shall not be reduced on the date of the Operational Acceptance. PCC 13.3.3 The Performance Security shall be reduced to ten percent (10%) of the value of the component covered by the extended defect liability to cover the Contractor’s extended defect liability in accordance with the provision in the PCC, pursuant to GCC Sub-Clause 27.10. |
PCC 15. License/Use of Technical Information | PCC 15.2 Add the following as second paragraph: The Employer shall have the right to reproduce any or all drawings, documents and other materials furnished to the Employer for the purpose of the Contract and in addition, if required, for operation and maintenance. |
PCC 18. Progress Report | PCC 18.3 Progress reports shall include status of compliance to cyber security risks management, and any foreseeable cyber security risk and mitigation. Potential and occurred cyber security incidents are to be immediately reported |
PCC 21. Procurement | PCC 21.3.2 Add the following to the clause: The Employer shall in no way be responsible for the condition of road and access. |
PCC 22 Installation | PCC22.2.5 Working Hours Normal working hours are: 0800hrs to 1700hrs (Monday to Friday) PCC 22.2.8 Funeral Arrangements: as specified in the GCC. |
PCC 23. Tests and Inspection | PCC 23.2 Supplement GCC 23.2 with the following: For tests / inspections and training, the Contractor will arrange and pay for the visa fee, accommodation in the international and local travel of two (02) representatives of the employer i.e. - air tickets; local transport; accommodation. PCC 23.3 Supplement GCC 23.3 with the following: The Contractor shall furnish the Project Manager with the details of the program of the tests and/or inspection and of the place and time thereof at least two (2) weeks in advance in case of domestic supplies & six (6) weeks in advance in case of foreign supplies. PCC 23.4 Supplement GCC 23.3 with the following: The Contractor shall provide the Project Manager with a certified report of the results of any such test and/or inspection within fifteen (15) days after completion of tests. PCC 23.6 Add the following at the end of GCC 23.6: All costs incurred by the Employer including all travelling and board and lodging expenses by the repetition of the tests or false call for tests shall be borne by the Contractor pursuant to GCC Sub-Clause 23.2. Any delay in delivery due to retest or false call shall not constitute a release of the Contractor from his responsibilities for delay. |
PCC 25. Commissioning and Operational Acceptance | PCC 25.2.2 The Guarantee Test of the Facilities shall be successfully completed within one (1) month from the date of Completion. PCC 25.3.1(e) Add the following new sub-clause: Three (3) sets of as built drawings, operating and maintenance manuals and USB drives etc. |
PCC 26. Completion Time Guarantee | PCC 26.2 Applicable rate for liquidated damages: 1% per week The above rate applies to the price of the part of the Facilities, as quoted in the Price Schedule, for that part for which the Contractor fails to achieve Completion within the particular Time for Completion. Maximum deduction for liquidated damages: 10% of the Contract Price PCC 26.3 Applicable (amount or rate) for the bonus for early Completion: Maximum bonus: N/A PCC 26.3 No bonus will be given for earlier Completion of the Facilities or part thereof. |
PCC 27. Defect Liability | PCC 27.10 The critical components covered under the extended defect liability are None. |
PCC 30. Limitation of Liability | PCC 30.1 (b) The multiplier of the Contract Price is: one (1) |
PCC 39. Value Engineering | PCC 39.1.2 If the value engineering proposal is approved by the Employer the amount to be paid to the Contractor shall be 50 % of the reduction in the Contract Price |
PCC 39.2.1 | (f) A “Change Proposal,” which shall include the following:
The Contractor shall implement and maintain appropriate administrative, technical, and physical safeguards to protect the Telecoms network, SCADA system, associated networks, software, hardware, and operational technology assets from unauthorized access, misuse, alteration, disruption, destruction, or disclosure. |
PCC46. Disputes and Arbitration | PCC 46.1 The DB shall be appointed within 30 days after a dispute has been declared by either party of the Contract Agreement PCC 46.1 The DB shall be: comprised of one (1) person, who is fluent in the English language and shall be a professional experienced in the type of activities involved in the performance of the Contract and with the interpretation of contractual documents. The potential member is an independent and neutral with no interest in the Contract.
PCC 46.1 List of potential DB members: List of arbitrators of the Association of Arbitrators (Southern Africa) (to be defined at contract signing). Proposed by Contractor [Attach CVs to the Contract] List of arbitrators of the Association of Arbitrators (Southern Africa) (to be defined at contract signing).
PCC 46.2 Appointment (if not agreed) to be made by: Association of Arbitrators (Southern Africa) PCC 46.5 Procedure to settle disputes in respect of which DB’s decision (if any) has not become final and binding shall be finally settled by arbitration: Rules of arbitration GCC Sub-Clause 46.5(a): For a Foreign Contractor, the dispute shall be finally settled under the Rules of the Rules of the Conduct of Arbitrations (5th Edition 2005) of the Association of Arbitrators (Southern Africa); by one or three arbitrators appointed in accordance with these Rules. The place of arbitration shall be the neutral location agreed by both parties.
GCC Sub-Clause 46.5 (b): For a local Contractor, the dispute shall be finally settled under the Rules of the Rules of the Conduct of Arbitrations (5th Edition 2005) of the Association of Arbitrators (Southern Africa) within the context of the Law of Eswatini; by one or three arbitrators appointed in accordance with these Rules. The place of arbitration shall be in Eswatini. |
PCC 47. | PCC 47.1- The Contractor shall comply with the following Cyber security requirements: 1. Comply with IEC 62443 (Industrial Automation and Control Systems cybersecurity). 2. Support IEC 62351 security measures for power system communications, including secure DNP3 communications where applicable. 3. Meet the cybersecurity capability requirements of IEEE 1686 for Intelligent Electronic Devices (IEDs). |
Section X - Contract Forms |
Table of Forms
Notification of Intention to Award. 298
Letter of Acceptance. 305
Contract Agreement 306
Appendix 1. Terms and Procedures of Payment 310
Appendix 2. Price Adjustment 313
Appendix 3. Insurance Requirements. 315
Appendix 4. Time Schedule. 318
Appendix 5. List of Major Items of Plant and Installation Services and List of Approved Subcontractors. 319
Appendix 6. Scope of Works and Supply by the Employer 320
Appendix 7. List of Documents for Approval or Review.. 321
Appendix 8. Functional Guarantees. 322
Performance Security Form– Bank Guarantee. 324
Performance Security Form- Conditional Bank Guarantee. 327
Advance Payment Security. 329
Notification of Intention to Award
[This Notification of Intention to Award shall be sent to each Bidder that submitted a Bid, unless the Bidder has previously received notice of exclusion from the process at an interim stage of the procurement process]
[Send this Notification to the Bidder’s Authorized Representative named in the Bidder Information Form]
For the attention of Bidder’s Authorized Representative
Name: [insert Authorized Representative’s name]
Address: [insert Authorized Representative’s Address]
Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]
Email Address: [insert Authorized Representative’s email address]
[IMPORTANT: insert the date that this Notification is transmitted to all participating Bidders. The Notification must be sent to all Bidders simultaneously. This means on the same date and as close to the same time as possible.]
DATE OF TRANSMISSION: This Notification is sent by: [email/fax] on [date] (local time)
Notification of Intention to Award
Employer: [insert the name of the Employer]
Project: [insert name of project]
Contract title: [insert the name of the contract]
Country: [insert country where RFB is issued]
Loan No. /Credit No. / Grant No.: [insert reference number for loan/credit/grant]
RFB No: [insert RFB reference number from Procurement Plan]
This Notification of Intention to Award (Notification) notifies you of our decision to award the above contract. The transmission of this Notification begins the Standstill Period. During the Standstill Period, you may:
Name: | [insert name of successful Bidder] |
Address: | [insert address of the successful Bidder] |
Contract price: | [insert contract price of the successful Bid] |
Total combined score: | [insert the total combined score of the successful Bidder] |
Name of Bidder | Technical Score | Bid Price | Evaluated Bid Cost | Combined Score |
[insert name] | [insert Technical score] | [insert Bid price] | [insert evaluated cost] | [insert combined score] |
[insert name] | [insert Technical score] | [insert Bid price] | [insert evaluated cost] | [insert combined score] |
[insert name] | [insert Technical score] | [insert Bid price] | [insert evaluated cost] | [insert combined score] |
[insert name] | [insert Technical score] | [insert Bid price] | [insert evaluated cost] | [insert combined score] |
[insert name] | [insert Technical score] | [insert Bid price] | [insert evaluated cost] | [insert combined score] |
[INSTRUCTIONS: State the reason/s why this Bidder’s Bid was unsuccessful. Do NOT include: (a) a point by point comparison with another Bidder’s Bid or (b) information that is marked confidential by the Bidder in its Bid.] |
DEADLINE: The deadline to request a debriefing expires at midnight on [insert date] (local time). You may request a debriefing in relation to the results of the evaluation of your Bid. If you decide to request a debriefing, your written request must be made within three (3) Business Days of receipt of this Notification of Intention to Award. Provide the contract name, reference number, name of the Bidder, contact details; and address the request for debriefing as follows: Attention: [insert full name of person, if applicable] Title/position: [insert title/position] Agency: [insert name of Employer] Email address: [insert email address] Fax number: [insert fax number] delete if not used If your request for a debriefing is received within the 3 Business Days deadline, we will provide the debriefing within five (5) Business Days of receipt of your request. If we are unable to provide the debriefing within this period, the Standstill Period shall be extended by five (5) Business Days after the date that the debriefing is provided. If this happens, we will notify you and confirm the date that the extended Standstill Period will end. The debriefing may be in writing, by phone, video conference call or in person. We shall promptly advise you in writing how the debriefing will take place and confirm the date and time. If the deadline to request a debriefing has expired, you may still request a debriefing. In this case, we will provide the debriefing as soon as practicable, and normally no later than fifteen (15) Business Days from the date of publication of the Contract Award Notice. |
DEADLINE:: The deadline for submitting a Procurement-related Complaint challenging the decision to award the contract expires on midnight, [insert date] (local time). Provide the contract name, reference number, name of the Bidder, contact details; and address the Procurement-related Complaint as follows: Attention: [insert full name of person, if applicable] Title/position: [insert title/position] Agency: [insert name of Employer] Email address: [insert email address] Fax number: [insert fax number] delete if not used At this point in the procurement process, you may submit a Procurement-related Complaint challenging the decision to award the contract. You do not need to have requested, or received, a debriefing before making this complaint. Your complaint must be submitted within the Standstill Period and received by us before the Standstill Period ends. Further information: For more information see the Procurement Regulations for IPF Borrowers (Procurement Regulations) (Annex III). You should read these provisions before preparing and submitting your complaint. In addition, the World Bank’s Guidance “How to make a Procurement-related Complaint” provides a useful explanation of the process, as well as a sample letter of complaint. In summary, there are four essential requirements:
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DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local time). The Standstill Period lasts ten (10) Business Days after the date of transmission of this Notification of Intention to Award. The Standstill Period may be extended. This may happen where we are unable to provide a debriefing within the five (5) Business Day deadline. If this happens we will notify you of the extension |
If you have any questions regarding this Notification please do not hesitate to contact us.
On behalf of the Employer:
Signature: ______________________________________________
Name: ______________________________________________
Title/position: ______________________________________________
Telephone: ______________________________________________
Email: ______________________________________________
INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE FORM
This Beneficial Ownership Disclosure Form (“Form”) is to be completed by the successful Bidder. In case of joint venture, the Bidder must submit a separate Form for each member. The beneficial ownership information to be submitted in this Form shall be current as of the date of its submission.
For the purposes of this Form, a Beneficial Owner of a Bidder is any natural person who ultimately owns or controls the Bidder by meeting one or more of the following conditions:
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Beneficial Ownership Disclosure Form
RFB No.: [insert number of RFB process]
Request for Bid No.: [insert identification]
To: [insert complete name of Employer]
In response to your request in the Letter of Acceptance dated [insert date of letter of Acceptance] to furnish additional information on beneficial ownership: [select one option as applicable and delete the options that are not applicable]
(i) we hereby provide the following beneficial ownership information.
Details of beneficial ownership
Identity of Beneficial Owner
| Directly or indirectly holding 25% or more of the shares (Yes / No)
| Directly or indirectly holding 25 % or more of the Voting Rights (Yes / No)
| Directly or indirectly having the right to appoint a majority of the board of the directors or an equivalent governing body of the Bidder (Yes / No) |
[include full name (last, middle, first), nationality, country of residence] |
|
|
|
OR
(ii) We declare that there is no Beneficial Owner meeting one or more of the following conditions:
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 Bidder shall provide explanation on why it is unable to identify any Beneficial Owner]
Name of the Bidder: *[insert complete name of the Bidder]_________
Name of the person duly authorized to sign the Bid on behalf of the Bidder: **[insert complete name of person duly authorized to sign the Bid]___________
Title of the person signing the Bid: [insert complete title of the person signing the Bid]______
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 Bid submitted by a Joint Venture specify the name of the Joint Venture as Bidder. In the event that the Bidder is a joint venture, each reference to “Bidder” in the Beneficial Ownership Disclosure Form (including this Introduction thereto) shall be read to refer to the joint venture member.
** Person signing the Bid shall have the power of attorney given by the Bidder. The power of attorney shall be attached with the Bid Schedules.
Letter of Acceptance
______________________
To: ____________________________
This is to notify you that your Bid dated ____________ for execution of the _________________ for the Contract Price in the aggregate of _____________________ ________________, as corrected and modified in accordance with the Instructions to Bidders is hereby accepted by our Agency.
You are requested to furnish (i) the Performance Security within 28 days in accordance with the Conditions of Contract, using for that purpose one of the Performance Security Forms and (ii) the additional information on beneficial ownership in accordance with ITB 46.1, within eight (8) Business days using the Beneficial Ownership Disclosure Form, included in Section X, - Contract Forms, of the bidding document.
Authorized Signature:
Name and Title of Signatory:
Name of Agency:
Attachment: Contract Agreement
Contract Agreement |
THIS AGREEMENT is made the ________ day of ________________________, _____,
BETWEEN
(1)Eswatini Electricity Company a corporation incorporated under the laws of the kingdom of Eswatini and having its principal place of business at Eluvatsini house, Mhlambanyatsi Road Mbabane, Eswatini (hereinafter called “the Employer”), and (2) ______________________, a corporation incorporated under the laws of ________________________ and having its principal place of business at ________________________ (hereinafter called “the Contractor”).
WHEREAS the Employer desires to engage the Contractor to design, manufacture, test, deliver, install, complete and commission certain Facilities, viz. Design Supply and Installation of 11kV auto reclosers under the Accelerating Sustainable and Clean Energy Access Transformation (ASCENT) Project (“the Facilities”), and the Contractor has agreed to such engagement upon and subject to the terms and conditions hereinafter appearing.
NOW IT IS HEREBY AGREED as follows:
Article 1. Contract Documents | 1.1 Contract Documents (Reference GCC Clause 2) The following documents shall constitute the Contract between the Employer and the Contractor, and each shall be read and construed as an integral part of the Contract: (a) This Contract Agreement and the Appendices hereto (b) Letter of Bid and Price Schedules submitted by the Contractor (c) Particular Conditions (d) General Conditions (e) Specification (f) Drawings (g) Other completed Bidding forms submitted with the Bid (h) Any other documents forming part of the Employer’s Requirements (i) Any other documents forming part of the contract, including, but not limited to:
1.2 Order of Precedence (Reference GCC Clause 2) In the event of any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the order in which the Contract Documents are listed in Article 1.1 (Contract Documents) above. 1.3 Definitions (Reference GCC Clause 1) Capitalized words and phrases used herein shall have the same meanings as are ascribed to them in the General Conditions. |
Article 2. Contract Price and Terms of Payment | 2.1 Contract Price (Reference GCC Clause 11) The Employer hereby agrees to pay to the Contractor the Contract Price in consideration of the performance by the Contractor of its obligations hereunder. The Contract Price shall be the aggregate of: __________________, _______________ as specified in Price Schedule No. 5 (Grand Summary), and_______________, _________________, or such other sums as may be determined in accordance with the terms and conditions of the Contract. 2.2 Terms of Payment (Reference GCC Clause 12) The terms and procedures of payment according to which the Employer will reimburse the Contractor are given in the Appendix (Terms and Procedures of Payment) hereto. The Employer will not instruct its bank to issue an irrevocable confirmed documentary credit made available to the Contractor in a bank in the country of the Contractor. The credit shall be for an amount of $0.00 and shall be subject to the Uniform Customs and Practice for Documentary Credits 2007 Revision, ICC Publication No. 600. In the event that the amount payable under Schedule No. 1 is adjusted in accordance with GCC 11.2 or with any of the other terms of the Contract, the Employer shall arrange for the documentary credit to be amended accordingly.
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Article 3. Effective Date | 3.1 Effective Date (Reference GCC Clause 1) The Effective Date from which the Time for Completion of the Facilities shall be counted is the date when all of the following conditions have been fulfilled: (a) This Contract Agreement has been duly executed for and on behalf of the Employer and the Contractor; (b) The Contractor has submitted to the Employer the Performance Security and the advance payment guarantee; (c) The Employer has paid the Contractor the advance payment; (f) Individual Letters from key personnel confirming availability Each party shall use its best efforts to fulfill the above conditions for which it is responsible as soon as practicable. 3.2 If the conditions listed under 3.1 are not fulfilled within two (2) months from the date of this Contract notification because of reasons not attributable to the Contractor, the Parties shall discuss and agree on an equitable adjustment to the Contract Price and the Time for Completion and/or other relevant conditions of the Contract. |
Article 4. Communications | 4.1 The address of the Employer for notice purposes, pursuant to GCC 4.1 is: ______________________.
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Article 5. Appendices | 5.1 The Appendices listed in the attached List of Appendices shall be deemed to form an integral part of this Contract Agreement.
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IN WITNESS WHEREOF the Employer and the Contractor have caused this Agreement to be duly executed by their duly authorized representatives the day and year first above written.
Signed by, for and on behalf of the Employer
[Signature]
[Title]
in the presence of
Signed by, for and on behalf of the Contractor
[Signature]
[Title]
in the presence of
APPENDICES
Appendix 1 Terms and Procedures of Payment
Appendix 2 Price Adjustment
Appendix 3 Insurance Requirements
Appendix 4 Time Schedule
Appendix 5 List of Major Items of Plant and Installation Services and List of Approved Subcontractors
Appendix 6 Scope of Works and Supply by the Employer
Appendix 7 List of Documents for Approval or Review
Appendix 8 Functional Guarantees
Appendix 1. Terms and Procedures of Payment
In accordance with the provisions of GCC Clause 12 (Terms of Payment), the Employer shall pay the Contractor in the following manner and at the following times, on the basis of the Price Breakdown given in the section on Price Schedules. Payments will be made in the currencies quoted by the Bidder unless otherwise agreed between the Parties. Applications for payment in respect of part deliveries may be made by the Contractor as work proceeds.
TERMS OF PAYMENT
Schedule No. 1. Plant and Equipment Supplied from Abroad
In respect of plant and equipment supplied from abroad, the following payments shall be made:
Ten percent (10%) of the total CIP amount as an advance payment against receipt of invoice and an irrevocable advance payment security for the equivalent amount made out in favor of the Employer. The advance payment security may be reduced in proportion to the value of the plant and equipment delivered to the site, as evidenced by shipping and delivery documents.
Eighty percent (80%) of the total or pro rata CIP amount upon Incoterm “CIP”, upon delivery to the site within forty-five (45) days after receipt of documents.
Five percent (5%) of the total or pro rata CIP amount upon issue of the Completion Certificate, within forty-five (45) days after receipt of invoice.
Five percent (5%) of the total or pro rata CIP amount upon issue of the Operational Acceptance Certificate, within forty-five (45) days after receipt of invoice.
Schedule No. 2. Plant and Equipment Supplied from within the Employer’s Country
In respect of plant and equipment supplied from within the Employer’s Country, the following payments shall be made:
Ten percent (10%) of the total EXW amount as an advance payment against receipt of invoice, and an irrevocable advance payment security for the equivalent amount made out in favor of the Employer. The advance payment security may be reduced in proportion to the value of the plant and equipment delivered to the site, as evidenced by shipping and delivery documents.
Eighty percent (80%) of the total or pro rata EXW amount upon Incoterm “Ex-Works,” upon delivery to the site within forty-five (45) days after receipt of invoice and documents.
Five percent (5%) of the total or pro rata EXW amount upon issue of the Completion Certificate, within forty-five (45) days after receipt of invoice.
Five percent (5%) of the total or pro rata EXW amount upon issue of the Operational Acceptance Certificate, within forty-five (45) days after receipt of invoice.
Schedule No. 3. Design Services
In respect of design services for both the foreign currency and the local currency portions, the following payments shall be made:
Ten percent (10%) of the total design services amount as an advance payment against receipt of invoice, and an irrevocable advance payment security for the equivalent amount made out in favor of the Employer.
Ninety percent (90%) of the total or pro rata design services amount upon acceptance of design in accordance with GCC Clause 20 by the Project Manager within forty-five (45) days after receipt of invoice.
Schedule No. 4. Installation Services
In respect of installation services for both the foreign and local currency portions, the following payments shall be made:
Ten percent (10%) of the total installation services amount as an advance payment against receipt of invoice, and an irrevocable advance payment security for the equivalent amount made out in favor of the Employer. The advance payment security may be reduced in proportion to the value of work performed by the Contractor as evidenced by the invoices for installation services.
Eighty percent (80%) of the measured value of work performed by the Contractor, as identified in the said Program of Performance, during the preceding month, as evidenced by the Employer’s authorization of the Contractor’s application, will be made monthly within forty-five (45) days after receipt of invoice.
Five percent (5%) of the total or pro rata value of installation services performed by the Contractor as evidenced by the Employer’s authorization of the Contractor’s monthly applications, upon issue of the Completion Certificate, within forty-five (45) days after receipt of invoice.
Five percent (5%) of the total or pro rata value of installation services performed by the Contractor as evidenced by the Employer’s authorization of the Contractor’s monthly applications, upon issue of the Operational Acceptance Certificate, within forty-five (45) days after receipt of invoice.
In the event that the Employer fails to make any payment on its respective due date, the Employer shall pay to the Contractor interest on the amount of such delayed payment at the rate of for local currency/CMA (lending Rate at Central Bank of Eswatini plus 1%) ÷12 and “for USD, the (Secured Overnight Financing Rate (SOFR) plus 1%) ÷12 ; for Euro,( EURIBOR plus 1%) ÷12; per month for period of delay until payment has been made in full.
PAYMENT PROCEDURES
The procedures to be followed in applying for certification and making payments shall be as follows:
The Contractor should submit invoice outlining the pay items covering the pro rata value of Supply/Work Done along with the submission of the following documents to the Project Manager:
Appendix 2. Price Adjustment (Not Applicable)
The prices are to remain firm and fixed for the duration of the Contract.
Appendix 3. Insurance Requirements
Insurances to be Taken Out by the Contractor
In accordance with the provisions of GCC Clause 34, the Contractor shall at its expense take out and maintain in effect, or cause to be taken out and maintained in effect, during the performance of the Contract, the insurances set forth below in the sums and with the deductibles and other conditions specified. The identity of the insurers and the form of the policies shall be subject to the approval of the Employer, such approval not to be unreasonably withheld.
(a) Cargo Insurance
Covering loss or damage occurring, while in transit from the supplier’s or manufacturer’s works or stores until arrival at the Site, to the Facilities (including spare parts therefor) and to the construction equipment to be provided by the Contractor or its Subcontractors.
Amount | Deductible limits | Parties Insured | From | To |
110% of the Contract Price | NIL | Employer, Contractor | Manufacturer’s Works | Site |
(b) Installation All Risks Insurance
Covering physical loss or damage to the Facilities at the Site, occurring prior to completion of the Facilities, with an extended maintenance coverage for the Contractor’s liability in respect of any loss or damage occurring during the defect liability period while the Contractor is on the Site for the purpose of performing its obligations during the defect liability period.
Amount | Deductible limits | Parties Insured | From | To |
110% of the Contract Price | NIL | Employer, Contractor, and Subcontractor (if any) | Receipt of site | Up to Defect Liability Period |
(c) Third Party Liability Insurance
Covering bodily injury or death suffered by third parties (including the Employer’s personnel) and loss of or damage to property (including the Employer’s property and any parts of the Facilities that have been accepted by the Employer) occurring in connection with the supply and installation of the Facilities.
Amount | Deductible limits | Parties Insured | From | To |
USD 100,000 per person per occasion | NIL | Employer, Contractor, and Subcontractor (if any) | Commencement of work | Up to Defect Liability Period |
USD 10,000 | NIL | Third party personnel | Commencement of work | Up to Defect Liability Period |
USD 50,000 | NIL | Employer’s Property | Commencement of work | Up to Defect Liability Period |
(d) Automobile Liability Insurance
Covering use of all vehicles used by the Contractor or its Subcontractors (whether or not owned by them) in connection with the supply and installation of the Facilities. Comprehensive insurance in accordance with statutory requirements.
(e) Workers’ Compensation
In accordance with the statutory requirements applicable in any country where the Facilities or any part thereof is executed.
(f) Employer’s Liability
In accordance with the statutory requirements applicable in any country where the Facilities or any part thereof is executed.
(g) Other Insurances
The Contractor is also required to take out and maintain at its own cost the following insurances:
Amount | Deductible limits | Parties Insured | From | To |
To be indicated by the Contractor | NIL | Contractor, and Subcontractor (if any) | Receipt of site | Up to Defect Liability Period |
The Employer shall be named as co-insured under all insurance policies taken out by the Contractor pursuant to GCC Sub-Clause 34.1, except for the Third Party Liability, Workers’ Compensation and Employer’s Liability Insurances, and the Contractor’s Subcontractors shall be named as co-insureds under all insurance policies taken out by the Contractor pursuant to GCC Sub-Clause 34.1, except for the Cargo, Workers’ Compensation and Employer’s Liability Insurances. All insurer’s rights of subrogation against such co-insureds for losses or claims arising out of the performance of the Contract shall be waived under such policies.
Insurances To Be Taken Out By The Employer
The Employer shall at its expense take out and maintain in effect during the performance of the Contract the following insurances.
Details:
NIL
Appendix 4. Time Schedule
4.1 Description of Facilities:
Name of Facilities | Completion Time required by the Employer from the Effective Date | Completion date guaranteed by the Bidder from the effective date |
Design, Supply and installation of 11kV auto-reclosers
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Six (6) Months |
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4.2 The activities under the Contractor’s program for Project Completion shall be in the form of a master network (MNW) and shall identify the various activities like design, engineering, manufacturing, supply, installation, factory testing, transportation to site, site testing and commissioning, trial operation and taking over etc. of the facilities or specific part thereof (where specific parts are specified in PCC). The network shall conform to the above Project Completion Schedule. This master network will be discussed and agreed before Kick-off meeting in line with the above. The detailed network(s) and project implementation plans & programs shall preferably be prepared in Primavera or in MS Project or in the latest Project Management tool as convenient to the Employer and shall form part of the contract.
4.3 The Employer reserves the right to request minor changes in the work schedule at the time of Award of Contract to the successful Bidder.
Appendix 5. List of Major Items of Plant and Installation Services and List of Approved Subcontractors
A list of major items of Plant and Installation Services is provided below.
The following Subcontractors and/or manufacturers are approved for carrying out the items of the Facilities indicated below. Where more than one Subcontractor is listed, the Contractor is free to choose between them, but it must notify the Employer of its choice in good time prior to appointing any selected Subcontractor. In accordance with GCC Sub-Clause 19.1, the Contractor is free to submit proposals for Subcontractors for additional items from time to time. No Subcontracts shall be placed with any such Subcontractors for additional items until the Subcontractors have been approved in writing by the Employer and their names have been added to this list of Approved Subcontractors.
Major Items of Plant and Installation Services | Approved Subcontractors/Manufacturers | Nationality |
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Appendix 6. Scope of Works and Supply by the Employer
The following personnel, facilities, works and supplies will be provided/supplied by the Employer, and the provisions of GCC Clauses 10, 21 and 24 shall apply as appropriate. All personnel, facilities, works and supplies will be provided by the Employer in good time so as not to delay the performance of the Contractor, in accordance with the approved Time Schedule and Program of Performance pursuant to GCC Sub-Clause 18.2.
Unless otherwise indicated, all personnel, facilities, works and supplies will be provided free of charge to the Contractor.
Personnel | Charge to Contractor (if any) |
| None |
Facilities | Charge to Contractor (if any) |
None | None |
Works | Charge to Contractor (if any) |
| None |
Supplies | Charge to Contractor (if any) |
| None |
Appendix 7. List of Documents for Approval or Review
Pursuant to GCC Sub-Clause 20.3.1, the Contractor shall prepare, or cause its Subcontractor to prepare, and present to the Project Manager in accordance with the requirements of GCC Sub-Clause 18.2 (Program of Performance), the following documents for
A. Approval
B. Review
Appendix 8. Functional Guarantees
1. General
This Appendix sets out
(a) the functional guarantees referred to in GCC Clause 28 (Functional Guarantees)
(b) the preconditions to the validity of the functional guarantees, either in production and/or consumption, set forth below
(c) the minimum level of the functional guarantees
(d) the formula for calculation of liquidated damages for failure to attain the functional guarantees.
2. Preconditions
The Contractor gives the functional guarantees (specified herein) for the facilities, subject to the following preconditions being fully satisfied:
____________________________________________________________________________________
3. Functional Guarantees
Subject to compliance with the foregoing preconditions, the Contractor guarantees as follows:
3.1 Production Capacity
_____________________________________________________________________________
and/or
3.2 Raw Materials and Utilities Consumption
____________________________________________________________________________
4. Failure in Guarantees and Liquidated Damages
4.1 Failure to Attain Guaranteed Production Capacity
If the production capacity of the facilities attained in the guarantee test, pursuant to GCC Sub-Clause 25.2, is less than the guaranteed figure specified in para. 3.1 above, but the actual production capacity attained in the guarantee test is not less than the minimum level specified in para. 4.3 below, and the Contractor elects to pay liquidated damages to the Employer in lieu of making changes, modifications and/or additions to the Facilities, pursuant to GCC Sub-Clause 28.3, then the Contractor shall pay liquidated damages at the rate of ___________________ for every complete one percent (1%) of the deficiency in the production capacity of the Facilities, or at a proportionately reduced rate for any deficiency, or part thereof, of less than a complete one percent (1%).
4.2 Raw Materials and Utilities Consumption in Excess of Guaranteed Level
__________________________________________________________________
If the actual measured figure of specified raw materials and utilities consumed per unit (or their average total cost of consumption) exceeds the guaranteed figure specified in para. 3.2 above (or their specified average total cost of consumption), but the actual consumption attained in the guarantee test, pursuant to GCC Sub-Clause 25.2, is not more than the maximum level specified in para. 4.3 below, and the Contractor elects to pay liquidated damages to the Employer in lieu of making changes, modifications and/or additions to the Facilities pursuant to GCC Sub-Clause 28.3, then the Contractor shall pay liquidated damages at the rate of [amount in the contract currency] for every complete one percent (1%) of the excess consumption of the Facilities, or part thereof, of less than a complete one percent (1%).
4.3 Minimum Levels
Notwithstanding the provisions of this paragraph, if as a result of the guarantee test(s), the following minimum levels of performance guarantees (and consumption guarantees) are not attained by the Contractor, the Contractor shall at its own cost make good any deficiencies until the Facilities reach any of such minimum performance levels, pursuant to GCC Sub-Clause 28.2:
(a) production capacity of the Facilities attained in the guarantee test: ninety-five percent (95%) of the guaranteed production capacity (the values offered by the Contractor in its Bid for functional guarantees represents 100%).
and/or
(b) average total cost of consumption of all the raw materials and utilities of the Facilities: one hundred and five percent (105%) of the guaranteed figures (the figures offered by the Contractor in its Bid for functional guarantees represents 100%).
4.4 Limitation of Liability
Subject to para. 4.3 above, the Contractor’s aggregate liability to pay liquidated damages for failure to attain the functional guarantees shall not exceed ______ percent ( ___ %) of the Contract price.
Performance Security Form– Bank Guarantee[18]
[Guarantor letterhead or SWIFT identifier code]
Beneficiary: [insert name and Address of Employer]
Date: _ [Insert date of issue]
PERFORMANCE GUARANTEE No.: ____[Insert guarantee reference number]
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]
We have been informed that ____________________ (hereinafter called “the Applicant”) has entered into Contract No. ________________dated ____________ with the Beneficiary, for the execution of ____________________________ (hereinafter called “the Contract”).
Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is required.
At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of _________________(___)[19],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 be reduced by half upon our receipt of:
(a) a copy of the Operational Acceptance Certificate; or
(b) a registered letter from the Applicant (i) attaching a copy of its notice requesting issuance of the Operational Acceptance Certificate and (ii) stating that the Project Manager has failed to issue such Certificate within the time required or provide in writing justifiable reasons why such Certificate has not been issued, so that Operational Acceptance is deemed to have occurred.
This guarantee shall expire no later than the earlier of:[20]
(a) twelve months after our receipt of either (a) or (b) above; or
(b) eighteen months after our receipt of:
(i) a copy of the Completion Certificate; or
(ii) a registered letter from the Applicant, attaching a copy of the notice to the Project Manager that the Facilities are ready for commissioning, and stating that fourteen days have elapsed from receipt of such notice (or seven days have elapsed if the notice was a repeated notice) and the Project Manager has failed to issue a Completion Certificate or inform the Applicant in writing of any defects or deficiencies; or
(iii) a registered letter from the Applicant stating that no Completion Certificate has been issued but the Employer is making use of the Facilities; or
(c) the ____ day of _____, 2___.[21]
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.
Performance Security Form- Conditional Bank Guarantee
Date:
Loan/Credit No:
RFB No:
To: ___________________________________
Dear Ladies and/or Gentlemen,
We refer to the Contract Agreement (“the Contract”) signed on [date] between you and ____________________________ (“the Contractor”) concerning design, execution and completion of ____________________________.
By this letter we, the undersigned, [name of Bank], a Bank (or company) organized under the laws of _________________ and having its registered/principal office at _________________, do hereby jointly and severally with the Contractor irrevocably guarantee payment owed to you by the Contractor, pursuant to the Contract, up to the sum of ___________, equivalent to _______________ percent (%) of the Contract Price until the date of the Operational Acceptance Certificate and thereafter up to a sum of ____________, equivalent to__________ percent (%) of the Contract Price, until twelve (12) months after the date of Operational Acceptance, or eighteen (18) months after Completion of the Facilities, whichever comes first.
Where it is agreed between you and the Contractor that the Facilities are to be accepted in parts, and thus where there are separate Completion and Operational Acceptance Certificates for each part, this Letter of Guarantee shall be apportioned to the value of each such part and shall reduce or expire as provided above on or following Completion or Operational Acceptance of each part.
We shall only undertake to make payment under this Letter of Guarantee upon our receipt of a written demand signed by your duly authorized officer for a specified sum, where such demand sets out the reasons for your claim under this Letter of Guarantee and is accompanied by
(a) a copy of the written notice sent by you to the Contractor before making the claim under this Guarantee, specifying the Contractor’s breach of contract and requesting the Contractor to remedy it
(b) a letter signed by your duly authorized officer certifying that the Contractor has failed to remedy the default within the period allowed for remedial action
(c) a copy of your written notice to the Contractor stating your intent to claim under this Letter of Guarantee because of the Contractor’s failure to remedy the default in accordance with the request referred to in para. (a) above.
Our liability under this Letter of Guarantee shall be to pay to you whichever is the lesser of the sum so requested or the amount then guaranteed hereunder in respect of any demand duly made hereunder prior to expiry of this Letter of Guarantee, without being entitled to inquire whether or not this payment is lawfully demanded.
This Letter of Guarantee shall be valid from the date of issue until the earlier of twelve (12) months after the date of Operational Acceptance or eighteen (18) months after the date of Completion of the Facilities or, where the Facilities are to be accepted in parts, twelve (12) months after the date of Operational Acceptance or eighteen (18) months after the date of Completion of the last part or [date], whichever comes first.
Except for the documents herein specified, no other documents or other action shall be required, notwithstanding any applicable law or regulation.
If the Defect Liability Period is extended with respect to any part of the Facilities in accordance with the Contract, you shall notify us, and the validity of this Letter of Guarantee shall be extended with respect to the percentage of the Contract Price stipulated in the notification until expiry of such extended Defect Liability Period.
Our liability under this Letter of Guarantee shall become null and void immediately upon its expiry, whether it is returned or not, and no claim may be made hereunder after such expiry or after the aggregate of the sums paid by us to you shall equal the sums guaranteed hereunder, whichever is the earlier.
All notices to be given hereunder shall be given by registered (airmail) post to the addressee at the address herein set out or as otherwise advised by and between the parties hereto.
We hereby agree that any part of the Contract may be amended, renewed, extended, modified, compromised, released or discharged by mutual agreement between you and the Contractor, and this security may be exchanged or surrendered without in any way impairing or affecting our liabilities hereunder without notice to us and without the necessity for any additional endorsement, consent or guarantee by us, provided, however, that the sum guaranteed shall not be increased or decreased.
No action, event or condition which by any applicable law should operate to discharge us from liability hereunder shall have any effect and we hereby waive any right we may have to apply such law, so that in all respects our liability hereunder shall be irrevocable and, except as stated herein, unconditional in all respects.
Yours truly,
Authorized Signature
Advance Payment Security
Demand Guarantee
[Guarantor letterhead or SWIFT identifier code]
Beneficiary: ........................................................ Name and Address of Employer .....................................................
Date:[Insert date of issue].....................................................................................................................................................
Advance Payment Guarantee No.:[Insert guarantee reference number]
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]
............................................................................................................................................................................................................................
We have been informed that . . . . .. . . . . (hereinafter called “the Applicant”) has entered into Contract No. . . . . .. . . . . dated . . . . . . ..with the Beneficiary, for the execution of, . . . . . .. . . . . (hereinafter called “the Contract”).
Furthermore, we understand that, according to the Conditions of the Contract, an advance payment in the sum . . . . .. . . . . . (. . . . .. . . . . ) is to be made against an advance payment guarantee.
At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of .
(. . . . .. . . . . ) [22] 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:
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 indicated 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 documentation indicating full repayment by the Applicant of the amount of the advance payment, or on the . . . day of . . . . . . . , . . . . .[23], 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.
[1] Nonperformance, as decided by the Employer, shall include all contracts where (a) nonperformance was not challenged by the contractor, including through referral to the dispute resolution mechanism under the respective contract, and (b) contracts that were so challenged but fully settled against the contractor. Nonperformance shall not include contracts where Employers decision was overruled by the dispute resolution mechanism. Nonperformance must be based on all information on fully settled disputes or litigation, i.e., dispute or litigation that has been resolved in accordance with the dispute resolution mechanism under the respective contract and where all appeal instances available to the Bidder have been exhausted.
[2] This requirement also applies to contracts executed by the Bidder as JV member.
[3] The Bidder shall provide accurate information on the related Letter of Bid about any litigation or arbitration resulting from contracts completed or ongoing under its execution over the last five years. A consistent history of awards against the Bidder or any member of a joint venture may result in failure of the Bid.
[4] The Employer may use this information to seek further information or clarifications in carrying out its due diligence.
[5] For contracts under which the Bidder participated as a joint venture member or sub-contractor, only the Bidder’s share, by value, shall be considered to meet this requirement
[6] Substantial completion shall be based on 80% or more Plant and installation completed under the contract.
[7] In the case of JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the minimum value of a single contract has been met. Instead, each contract performed by each member shall satisfy the minimum value of a single contract as required for single entity. In determining whether the JV meets the requirement of total number of contracts, only the number of contracts completed by all members each of value equal or more than the minimum value required shall be aggregated.
[8] In the case of JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the minimum value of a single contract has been met. Instead, each contract performed by each member shall satisfy the minimum value of a single contract as required for single entity. In determining whether the JV meets the requirement of total number of contracts, only the number of contracts completed by all members each of value equal or more than the minimum value required shall be aggregated.
[9] 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.
[10] 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.
[11] 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.
[13] Costs shall be in the currencies of the Contract.
[14] Costs shall be in the currencies of the Contract.
2 Specify where necessary.
[15] 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.
[16] 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.
[17] 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.
[18] The Employer should insert either the Bank Guarantee or the Conditional Guarantee.
[19] The Guarantor shall insert an amount representing the percentage of the Contract Price specified in the Contract and denominated either in the currency(ies) of the Contract or a freely convertible currency acceptable to the Employer.
[20] This text shall be revised as and where necessary to take into account (i) partial acceptance of the Facilities in accordance with Sub-Clause 25.4 of the GCC; and (ii) extension of the Performance Security when the Contractor is liable for an extended warranty obligation pursuant to Sub-Clause 27.10 of the GCC (although in this latter case the Employer might want to consider an extended warranty security in lieu of the extension of the Performance Security).
[21] Insert the date twenty-eight days after the expected expiration date of the Defect Liability Period. 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 Employer’s written request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.”
[22]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.
[23]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.”
"},{"id":"OP00461678","notice_type":"Contract Award","noticedate":"10-Aug-2026","notice_lang_name":"Portuguese","notice_status":"Published","project_ctry_name":"Brazil","project_id":"P169134","project_name":"Improving Mobility and Urban Inclusion in the Amazonas Corridor in Belo Horizonte","bid_reference_no":"BR-SMOBI-549007-NC-DIR","bid_description":"Certificação ISO Exame CTGM","procurement_group":"NC","procurement_method_code":"DIR","procurement_method_name":"Direct Selection","submission_date":"2026-08-10T00:00:00Z","notice_text":"Project:P169134-Improving Mobility and Urban Inclusion in the Amazonas Corridor in Belo Horizonte
Loan/Credit/TF Info:IBRD-90690
Bid/Contract Reference No:BR-SMOBI-549007-NC-DIR
Procurement Method:DIR-Aquisio Direta
Scope of Contract:Prestao de servio de aplicao Exame Nacional de Certificao Profissional ISO 31000:2018 Gesto de Riscos, para 30 servidores da Controladoria Geral do Municpio de Belo Horizonte - CTGM
Notice Version No:0
Project:P174067- Public Service Capability Enhancement Project
Loan/Credit/TF Info:IBRD-93650
Bid/Contract Reference No:IN-KBL-525856-CS-LCS
Procurement Method:LCS-Least Cost Selection
Scope of Contract:LOT 3 and 6- Selection of Content Development Agencies for conversion of SCORM e-learning content available on iGoT platform to MP4 videos (134 + 91 Courses of LOT 3 and 6 respectively)
Notice Version No:0
| Technical: | 87.00 | |
| Consultant Specific Experience: | 44.33 | |
| Methodology: | 25.67 | |
| Key Personnel: | 17 | |
| Financial: | 0 | |
| Combined: | 0 | |
| Rank: | 1 | |
Project:P174067- Public Service Capability Enhancement Project
Loan/Credit/TF Info:IBRD-93650
Bid/Contract Reference No:IN-KBL-525856-CS-LCS
Procurement Method:LCS-Least Cost Selection
Scope of Contract:LOT 2 and 5- Selection of Content Development Agencies for conversion of SCORM e-learning content available on iGoT platform to MP4 videos (134 + 100 Courses of LOT 2 and 5 respectively)
Notice Version No:0
| Technical: | 82.01 | |
| Consultant Specific Experience: | 41.67 | |
| Methodology: | 22.67 | |
| Key Personnel: | 17.67 | |
| Financial: | 0 | |
| Combined: | 0 | |
| Rank: | 1 | |
THE UNITED REPUBLIC OF TANZANIA PRIME MINISTER’S OFFICE REGIONAL ADMINISTRATION AND LOCAL GOVERNMENT
MSIMBAZI BASIN DEVELOPMENT PROJECT (MBDP) IDA CREDIT NO. 7215-TZ
TENDER NO. 56/2026/2027/C/13 FOR PROVISION OF CONSULTANCY SERVICES TO UNDERTAKE AN ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT AND RESETTLEMENT ACTION PLAN FOR FLOOD AND EROSION CONTROL INTERVENTIONS IN THE MIDDLE AND UPPER BASIN OF THE MSIMBAZI RIVER IN DAR ES SALAAM REQUEST FOR EXPRESSIONS OF INTEREST (CONSULTING SERVICES – FIRMS SELECTION) 1. This request for expressions of interest follows the General Procurement Notice for the Msimbazi Basin Development Project (MBDP) that appeared in the United Nations Development Business (UNDB) online Notice No. OP00221060 of March 29, 2023. 2. The Government of the United Republic of Tanzania has received financing from the International Development Association (IDA) toward the cost of the Msimbazi Basin Development Project (IDA Credit No. 7215-TZ). The Project Development Objective is to strengthen flood resilience and integrated urban development in an economically important and flood-prone area of the Msimbazi River Basin. It is intended that part of the proceeds of the credit will be applied to eligible payments under the contract for Consultancy Services to Undertake an Environmental and Social Impact Assessment, and Resettlement Action Plan for Flood and Erosion Control Interventions in the Middle and Upper Basin of the Msimbazi River in Dar es Salaam. 3. The overall objective of the consulting services is to prepare a comprehensive Environmental and Social Impact Assessment (ESIA), Environmental and Social Management Plan (ESMP), and Resettlement Action Plan (RAP) for the proposed flood and erosion control interventions in the middle and upper basin of the Msimbazi River. The ESIA shall identify environmental and social risks and impacts, assess feasible alternatives, define mitigation and management measures, and support project approval, design integration, procurement, construction, operation, and maintenance. The RAP shall identify all project-affected persons, affected assets, land requirements, livelihood impacts, access restrictions, eligibility criteria, compensation and assistance measures, livelihood restoration measures, institutional arrangements, implementation schedule, grievance procedures, monitoring requirements, and budget necessary to manage resettlement impacts in accordance with Tanzanian law and World Bank ESS5. 4. The specific objectives are to: (i) Establish the environmental and social baseline conditions within the project area of influence, including physical, biological, socioeconomic, health and safety, land-use, livelihood, infrastructure, utility, and cultural heritage aspects; (ii) Identify, predict, and assess potential positive and adverse impacts during pre-construction, construction, operation, maintenance, and decommissioning phases, including direct, indirect, cumulative, induced, and residual impacts; (iii) Assess feasible alternatives, including the no-project option, alternative locations, intervention types, design approaches, construction methods, sequencing options, sediment-management approaches, and nature-based or hybrid solutions; (iv) Recommend practical measures to avoid, minimize, mitigate, manage, compensate for, or offset adverse environmental and social impacts, while enhancing positive outcomes and climate-resilience benefits; (v) Prepare a detailed Environmental and Social Management Plan (ESMP), including mitigation measures, monitoring requirements, institutional responsibilities, implementation schedule, capacity-building needs, reporting arrangements, grievance-management linkages, and cost estimates; (vi) Prepare environmental and social requirements to be incorporated into feasibility studies, detailed engineering designs, Bills of Quantities, technical specifications, construction methodology, operation and maintenance plans, and bidding documents; (vii) Support PMO-RALG in meeting applicable Tanzanian environmental approval requirements and World Bank environmental and social due diligence requirements; (viii) Prepare a Resettlement Action Plan for all confirmed land acquisition, physical displacement, economic displacement, livelihood impacts, access restrictions, temporary occupation, asset loss, or vulnerability impacts associated with the proposed interventions, temporary works, access routes, associated facilities, and implementation arrangements; (ix) Undertake a census, asset inventory, socio-economic survey, valuation support, and vulnerability assessment of all project-affected persons and affected assets within the confirmed project area of impact; (x) Establish and disclose the cut-off date in coordination with the Client, local authorities, and affected communities, and prepare a verified PAP register and entitlement matrix; (xi) Prepare practical compensation, resettlement assistance, livelihood restoration, transitional support, and vulnerability support measures consistent with Tanzanian requirements, World Bank ESS5, and the project’s relevant environmental and social instruments; and (xii) Ensure that RAP findings are integrated into engineering design, construction sequencing, site handover, bidding documents, implementation arrangements, grievance management, and monitoring. 5. The assignment scope shall cover the selected flood and erosion control intervention areas in the middle and upper basin of the Msimbazi River, including the main Msimbazi River and relevant tributaries such as the Kibangu/Ubungo and Luhanga systems, as well as any other river reaches identified through the engineering screening, feasibility, and design process. The ESIA area of influence shall include, as applicable: (a) the direct footprints of proposed interventions; (b) affected river corridors, floodplains, wetlands, riparian zones, and adjacent land uses; (c) upstream and downstream reaches that may be affected by changes in flow, flooding, erosion, sediment transport, drainage, or river morphology; (d) temporary and associated facilities, including access roads, haul routes, borrow areas, disposal sites, stockpile areas, workers’ facilities, construction camps, staging areas, and temporary works areas; (e) settlements, businesses, farms, public facilities, community assets, utilities, roads, bridges, culverts, and drainage infrastructure that may be affected during construction or operation; and (f) areas that may experience cumulative impacts from multiple interventions within the basin and from other ongoing or planned activities under the wider Msimbazi Basin Development Project. 6. The detailed Terms of Reference (TOR) can be found at the following website: https://www.tamisemi.go.tz. Requests for clarification should be sent through the following e-mail addresses: cities.project@yahoo.com or cities.project@tamisemi.go.tz, and the Client will send responses to clarifications through the same e-mail addresses. 7. The Permanent Secretary, PMO-RALG, now invites eligible consulting firms to indicate their interest in providing the above services. Interested consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the services. The short-listing criteria are: (a) Type of core business and at least 10 years in relevant business; (b) Relevant similar experience, which should specifically include the following: (i) Experience in similar assignments - information to be provided should include the name of the assignments, the names and full contact addresses of the clients, the contract value (in equivalent US dollars), the period (month/year) of execution of the assignments, and the role played in the assignments (Lead or JV Partner); (ii) Demonstration of experience working in similar conditions; and (c) The firm's technical and managerial capability (provide only the organizational structure, and the general qualifications, field of expertise and number of key personnel). Do not provide the CVs of the staff. Experts will not be evaluated at the shortlisting stage. Consultants may associate with other firms to enhance their qualifications, but they should indicate clearly whether the association is in the form of a Joint Venture (JV) and/or a Sub-Consultant. In the case of a joint venture, all the partners in the joint venture shall be jointly and severally liable for the entire contract, if selected. Therefore, each member of the JV shall independently meet the requirements of the evaluation criteria. The experience, technical & managerial capability of the sub-consultant shall not be evaluated to enhance the qualification of the Lead Firm or JV. Consultants shall not use the Affiliate Member's Managerial, Technical or Experience Capabilities to enhance their qualifications. Note that: The Request for Expression of Interest (REOI) for this Consultancy Services to Undertake an Environmental and Social Impact Assessment, and Resettlement Action Plan for Flood and Erosion Control Interventions in the Middle and Upper Basin of the Msimbazi River in Dar es Salaam is being advertised at the same time together with another similar Tender for Consultancy Services for Preparation of a Combined Environmental and Social Impact Assessment (ESIA) and Resettlement Action Plan (RAP) for Area Based Investments in DLAs and Priority Drainage Interventions in Dar es Salaam under DMDP 2; and the assignments in these two Tenders will be executed simultaneously. Hence, in order for a firm shortlisted in the two tenders to be contracted for Consultancy Services in two tenders; it must propose separate Key Experts for each Tender in both Technical and Financial Proposals. 8. The attention of interested Consultants is drawn to Section III, paragraphs 3.14, 3.16, and 3.17 of the World Bank’s “Procurement Regulations for IPF Borrowers” Sixth Edition, February 2025 (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest. 9. A consulting firm will be selected in accordance with the Consultant Qualification Selection (CQS) method set out in the Procurement Regulations. 10. Expressions of Interest marked: “EXPRESSION OF INTEREST FOR THE PROVISION OF CONSULTANCY SERVICES TO UNDERTAKE AN ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT AND RESETTLEMENT ACTION PLAN FOR FLOOD AND EROSION CONTROL INTERVENTIONS IN THE MIDDLE AND UPPER BASIN OF THE MSIMBAZI RIVER IN DAR ES SALAAM”; should be delivered in written form to the Secretary, Ministerial Tender Board, Prime Minister’s Office, Regional Administration and Local Government (PMO-RALG), CDA Road, Sokoine House, Wing A, Second Floor, Office of the Procurement Management Unit (PMU), Room No. 133, P.O. Box 1923, 41185 Dodoma, Tanzania (in person, by mail, or by e-mail) on or before Friday August 28, 2026 at 10:00 hours local time. The submission date, time and delivery instructions should be confirmed against the final published procurement notice before issue.
PERMANENT SECRETARY PRIME MINISTER’S OFFICE REGIONAL ADMINISTRATION AND LOCAL GOVERNMENT, Government City, Mtumba P.O. Box 1923, 41185 Dodoma, Tanzania Tel: 026-2321607/ 2322853/ 2322848 Fax: 026-2322116/2322146 E-Mail: cities.project@yahoo.com |
REQUEST FOR PROPOSALS FOR SECONDARY PROCUREMENT UNDER A FRAMEWORK AGREEMENT
From: | Karmayogi Bharat |
Client’s Representative: | Mr. Kailash Bhatt |
Title/Position: | Chief Learning Officer (CLO), Karmayogi Bharat |
Address: | 7th Floor, Parsvnath Capital Tower, Bhai Vir Singh Marg, Gole Market, New Delhi – 110001 |
Email: | tenders.karmayogi@gov.in |
To: |
|
Framework Agreement (FA): | Request for Proposal (RFP) for Selection of content development agencies for development of e-learning content for various Government Departments and Ministries. |
FA Date: | 4th April 2025 |
FA Reference No. | IN-KBL-418427-CS-LCS |
RFP: Call-off Ref No.: | IN-KBL-525856-CS-LCS |
RFP: CALL-OFF Date: | 4 December, 2025 |
RFP: CALL-OFF issued: | This RFP: Call Off has been transmitted by “email”. |
Dear All,
With reference to above Framework Agreement (FA), you are invited to submit a proposal in this Secondary Procurement. The Proposal is for the Services described in Annexure 1: Client’s Requirements, attached to this RFP: Call-off.
If you require clarification(s) regarding this RFP: Call-off, send your request in writing (email at tenders.karmayogi@gov.in) to our above-named Representative before 8 December, 2025. We shall forward copies of our response to all Consultants including a description of the inquiry but without identifying its source.
Preparation and Submission of Proposals
Technical Proposals will be opened on 12 December 2025 at 3:30 PM by the Client’s representatives in the presence of the agencies’ designated representatives who choose to attend the opening of the proposals.
Note: The activity has been completed on 12th December, 2026. Its a post procurement review contract.
"},{"id":"OP00460698","notice_type":"Contract Award","noticedate":"05-Aug-2026","notice_lang_name":"English","notice_status":"Published","project_ctry_name":"Turkiye","project_id":"P173997","project_name":"Safe Schooling and Distance Education Project","bid_reference_no":"NCS-C2.1-06","bid_description":"Educational E-Content Development for Natural Sciences, Mathematics, Social Sciences, Human Rights, Citizenship and Democracy Learning Programs","procurement_group":"NC","procurement_method_code":"RFQ","procurement_method_name":"Request for Quotations","submission_date":"2026-08-05T00:00:00Z","notice_text":"Project:P173997-Safe Schooling and Distance Education Project
Loan/Credit/TF Info:IBRD-91520
Bid/Contract Reference No:NCS-C2.1-06
Procurement Method:RFQ-Request for Quotations
Scope of Contract:Educational E-Content Development for Natural Sciences, Mathematics, Social Sciences, Human Rights, Citizenship and Democracy Learning Programs
Notice Version No:0
REQUEST FOR EXPRESSIONS OF INTEREST
(CONSULTING SERVICES – FIRMS SELECTION)
Egypt
Supporting Egypt’s Universal Health Insurance System Project
Loan No.: IBRD-91320
Assignment Title: Contracting with a consultancy firm for the provision of technical assistance to develop GAHAR's E-learning platform
Reference No:EG-MOF-545938-CS-QBS
The Ministry of Finance has received a loan of $400M from the World Bank toward the cost of the Supporting Egypt’s Universal Health Insurance System Project, and intends to apply part of the proceeds for consulting services.
The consulting services (“the Services”) include consultancy aimed for Contracting with a consultancy firm for the provision of technical assistance to develop GAHAR's E-learning platform
The detailed Terms of Reference (TOR) for the assignment are attached to this request for expressions of interest.
The “Supporting Egypt’s Universal Health Insurance System Project” now invites eligible consulting firms (“Consultants”) to indicate their interest in providing the Services.
Interested Consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services (company profile, brochures, experience in similar assignments, availability of appropriate skills and resources, ... etc.).
The requested qualifications are:
Note: Experience in medical or nursing education is not required. The consultant will be provided with all technical medical content
Where a consortium is proposed, one lead firm shall assume overall contractual accountability and shall clearly demonstrate how the expertise required across both pillars will be integrated through a unified project-management and quality-assurance approach.
The attention of interested Consultants is drawn to Section III, paragraphs, 3.14, 3.16, and 3.17 of the World Bank’s “Procurement Regulations for IPF Borrowers” November 2020 (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest.
Consultants may associate with other firms to enhance their qualifications, but should indicate clearly whether the association is in the form of a joint venture and/or a sub-consultancy. In the case of a joint venture, all the partners in the joint venture shall be jointly and severally liable for the entire contract, if selected.
A Consultant will be selected in accordance with the QBS method set out in the Procurement Regulations.
Further information can be obtained at the address below during office hours 10.00 am to 4.00 pm – Sunday to Thursday.
Expressions of interest must be delivered in a written form to the address below by e-mail by 20 August, 2026
Supporting Egypt’s Universal Health Insurance System Project.
Attn: Yara Gamal – Procurement Specialist.
Ministry of Finance.
Cairo – Egypt.
Tel: +2011141221444
E-mail: yara_gamal13@hotmail.com
Term of Reference (TOR)
GAHAR E – Learning Academy
The Ministry of Finance has received a loan of $400M from the World Bank toward the cost of the Supporting Egypt’s Universal Health Insurance System Project, and intends to apply part of the proceeds for consulting services.
The consulting services (“the Services”) include design and execution of a comprehensive GAHAR E- Learning Academy platform with Content Development: Develop the content for the e-learning materials in alignment with the identified learning objectives. for the General Authority for Healthcare Accreditation and Regulation –GAHAR through partnership with a reputable national organization.
GAHAR was established under Law No. 2 for the year 2018 pertaining to the Universal Health Insurance system.
GAHAR is responsible of ensuring the quality of the healthcare services, and its continuous improvement; regulating the healthcare sector according to quality standards; accrediting the healthcare facilities according to these standards; and ensuring the sustainability of its implementation through regular monitoring., strongly rooted in its independence, which is stipulated by law. GAHAR is an independent authority Under the general and direct supervision of his Excellency, President of Egypt, Abdel-Fattah El-Sisi
GAHAR is mandated with the regulations, accreditation, rigorous monitoring and oversight of the healthcare facilities. it aims at attaining the best standardized quality for health throughout all healthcare facilities; Hospitals, pharmacies, clinics, and other healthcare facilities as defined in point 15 of article one in the law number two for year 2018. GAHAR's strategy has identified its mission in two main blocks: Excellence and Distinction, in pursuit to put Egypt on the edge of a new era for health care.
GAHAR handbooks are the guiding tool for healthcare facilities and surveyors, on GAHAR’ standards for accreditation and requirements for registration. To ensure its conformity with the best international practices, GAHAR applies to attain accreditation for its standards from the International Society for Quality in Healthcare –ISQua’. Till now, GAHAR has issued the following accreditation ‘handbooks:
GAHAR Mission:
Commitment to ensuring the quality of healthcare services and its continuous improvement in the Arab Republic of Egypt, and affirming trust in its outcomes at national, regional, and international levels through issuance and development of internationally recognized national quality standards, supporting their implementation, accrediting healthcare facilities accordingly, and continuous monitoring; to achieve excellence and sustainability.
GAHAR vision:
To be a pioneering national authority, well-recognized regionally and internationally in ensuring the quality of healthcare services and its sustainability.
GAHAR training center:
In alignment with the General Authority for Healthcare Accreditation and Regulations (GAHAR) mission to promote a culture of quality, and in partnership with healthcare service providers in Egypt, GAHAR is committed to raising community awareness of patient safety, fostering a culture of continuous improvement within healthcare facilities, and preparing these facilities to implement healthcare quality standards to achieve accreditation and join the Universal Health Insurance System (UHIS). To support these efforts, GAHAR has established a training center accredited by the Central Agency for Organization and Administration and the Egyptian Health Council.
The center aims to empower professionals and facilities to:
GAHAR certification
GAHAR EGYCAP (Egyptian Certified Accreditation Professional)
2. Project Goal And Objectives
2.1. Overall Goal
The overall goal of this assignment is to establish the "GAHAR E-Learning Academy," a high-quality, accessible, and sustainable digital education platform. The Academy will serve as the central hub for training healthcare professionals in Egypt on GAHAR's quality and accreditation standards, patient safety, and continuous improvement principles, supporting the national Universal Health Insurance System (UHIS).
2.2. Specific Objectives
The specific objectives of this consultancy are to:
3. Target Audience
The primary target audiences for the E-Learning Academy include:
5. Scope Of Work
The consultant shall be responsible for all activities, personnel, and resources required to deliver the E-Learning Academy. The scope is divided into two main components.
GAHAR's Role in Content: For all content-related tasks, GAHAR will act as the Subject Matter Expert (SME). GAHAR will provide all technical source materials, accreditation handbooks, case study information, and raw data. The consultant is responsible for transforming this technical information into engaging e-learning experiences.
Component 1: E-Learning Platform Development
The consultant shall design, develop, test, and deploy a robust and scalable Learning Management System (LMS) with the following functional requirements:
Component 2: E-Learning Content Production
The consultant shall work with GAHAR SMEs to perform the instructional design and multimedia production for the curriculum.
7. Component 2: E-Learning Content Production - Overview:
Placeholder Curriculum: The consultant shall base their proposals on developing the following initial curriculum. The final list and topics will be confirmed during the project's inception phase.
8. Component 2: E-Learning Content Production – Structure details:
2.1-Multimedia Content
Format | Purpose |
Training Material | Modules and media assets as per the GAHAR curriculum (provided by GAHAR) |
Instructor Videos | GAHAR-accredited experts explaining key concepts |
Interactive Slideshows | Accreditation checklists, patient safety modules |
Simulations/Case Studies | Real-world quality improvement and safety scenarios, their material developed by GAHAR |
2.2Assessment Tools
Tool Type | Description |
Formative Quizzes | Embedded in each module, auto graded |
Summative Exams | Required for certification, timed and randomized questions |
Assignments | Uploaded through portal, reviewed by moderators or course leads |
2.3. Text-Based Content
Format | Purpose |
Reading Packets | GAHAR standards for hospitals, labs, primary care, etc. |
Discussion Prompts | Encourage critical thinking and peer exchange |
2.4- Engagement and Communication Tools
Feature | Functionality |
Discussion Forums | Peer-to-peer and expert-to-peer interaction |
Chat with Experts | Integrated secure live chat and scheduled QandA sessions |
Notifications and Emails | System-generated reminders, announcements and deadlines via email/SMS |
9. Platform technical specifications:
1-Web site development , Technical features ;
10. Project Deliverables and Timeline
The expected duration of the assignment shall be six (6.5) calendar months from the contract commencement date, equivalent to approximately 26 weeks. The implementation shall follow an accelerated approach, with platform development, instructional design and multimedia production undertaken through coordinated parallel workstreams.
GAHAR shall provide one consolidated set of comments within five (5) working days of receiving each deliverable. The Consultant shall address the comments and resubmit the revised deliverable within a maximum of five (5) working days, unless the requested changes constitute a material change to the approved scope.
Project Phase | # | Deliverable | Main Contents and Acceptance Requirements | Timeline from Contract Commencement Date | Payment |
Phase 1: Inception and Requirements Validation | D1 | Inception Report and Detailed Implementation Plan | Confirmed requirements and scope; implementation methodology; detailed work plan; governance arrangements; stakeholder map; RACI matrix; risk register; content inventory; multimedia production plan; dependency register; QA plan; and deliverable acceptance criteria. | Execution: Weeks 1-2 | 10% |
Phase 1: Solution and Content Design | D2 | Technical Design, UI/UX and Instructional Design Package | System architecture; technology stack; database and integration design; security and data-protection plan; hosting, backup and migration strategy; bilingual web and mobile prototypes; instructional-design framework; module structure; assessment approach; and representative course blueprint. | Execution: Weeks 2-5 | 15% |
Phase 2: Alpha Development and Content Pre-production | D3 | Alpha Platform and Content-Production Package | Functional alpha platform covering principal learner, trainer and administrator journeys; user and role management; initial course-management features; approved storyboards and scripts for the eight modules; draft assessment banks; and representative samples of the instructor-video, animation and motion-graphic formats. | Execution: Weeks 5-10 | 20% |
Phase 2: Full Development, Content Production and Pilot | D4 | Pilot-Ready Beta Platform, Draft Content and Pilot Report | Pilot-ready web platform and mobile applications; administration portal; assessments; analytics; notifications; communication tools; payment integrations in sandbox mode; AI-enabled functionality; draft SCORM modules and multimedia content; internal QA; pilot testing with 20-30 users; defect log; pilot report; and corrective-action plan. | Execution: Weeks 9-17 | 25% |
Phase 3: Finalization and Production Launch | D5 | Final Multimedia Content and Production Platform | Final approved content for all eight modules; 12 instructor videos; six animation videos; six motion-graphic videos; quizzes and final examination; fully tested production platform; completed integrations; analytics dashboard; backup and recovery arrangements; performance and security testing; mobile applications submitted to the relevant application stores; approved UAT results; and production launch. | Execution: Weeks 18-22 | 20% |
Phase 4: Stabilization, Training and Handover | D6 | Stabilization, Training, Handover and Final Report | Post-launch monitoring; correction of stabilization defects; two-day training for GAHAR staff; source code and repositories; database and configuration files; deployment scripts; technical, administrator and user manuals; system credentials; hosting and licensing records; maintenance and migration guidance; final report; and formal handover certificate. | Execution: Weeks 22-24 | 10% |
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| Total |
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| 100% |
11. Gahar's Responsibilities
GAHAR will provide the following to support the consultant:
12. Consultant Qualifications
The consultant must demonstrate the following qualifications:
Note: Experience in medical or nursing education is not required. The consultant will be provided with all technical medical content.
13. Evaluation Criteria
The Technical Proposal will be evaluated based on the following criteria:
Criteria | Max. Points |
1. Consultant’s General Experience (30 points) | |
1.1. Experience in developing scalable e-learning platforms (LMS). | 15 |
1.2. Experience in instructional design and multimedia content production for e-learning. | 15 |
2. Technical Approach and Methodology (30 points) | |
2.1. Clarity and feasibility of the proposed approach for platform development (Component 1). | 15 |
2.2. Quality of the proposed methodology for content production and instructional design (Component 2). | 15 |
3. Qualifications of Key Personnel (40 points) | |
3.1. Project Manager | 10 |
3.2. Lead Instructional Designer | 10 |
3.3. Lead Developer / Tech Lead | 10 |
3.4. Lead Media Producer | 10 |
Total Technical Score | 100 |
Notes:
REQUEST FOR EXPRESSIONS OF INTEREST
(CONSULTING SERVICES – FIRMS SELECTION)
Country: Republic of Uzbekistan
Project name: Institutional Capacity Building Project
Credit No.: IDA 6431-UZ
Assignment Title: Consulting Services to Support Centralization of Payroll Processing, Payments, and Accounting for Budgetary Organizations through the Treasury.
Reference No.: TC-PAYROLL-1
The Ministry of Economy and Finance of the Republic of Uzbekistan has received financing from the World Bank toward the cost of the Institutional Capacity Building Project and intends to apply part of the proceeds for consultant to support centralization of payroll processing, payments, and accounting for budgetary organizations through the treasury (“Services”) for the Treasury Service Committee under the Ministry of Economy and Finance of the Republic Uzbekistan.
The purpose of this technical assignment is to develop specific and substantiated recommendations for the implementation of a centralized model, in which:
• Assessment of the need for centralization based on the study of the current situation;
• Organizational and legal options of the centralized model;
• Business Process Reorganization (BPR);
• Distribution of roles and responsibilities;
• Control and compliance mechanisms;
• Organizational structure and operational model;
• Comprehensively analyzed and evaluated.
At the same time, within the framework of this technical assignment, it is envisaged not only to consider several possible options for a centralized model, but also to develop a unified recommendation for the model recognized as the most optimal in the conditions of Uzbekistan, including a clear justification of its legal form, management structure, accountability chain, and financing mechanisms.
The Ministry of Economy and Finance of the Republic of Uzbekistan now invites eligible consulting firms (“Consultants”) to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services by submitting directly to the piu_mof@mail.ru.
The Qualification requirements for the Consultants are:
1. General Institutional Experience
The consulting firm shall have at least five (5) years of cumulative consulting experience during the last ten (10) years in at least one of the following areas:
2. Experience in Functional Centralization and Development of a Target Operating Model
The consulting firm shall have completed at least one (1) assignment involving the centralization, consolidation, or establishment of a shared service model for multiple government agencies, budget organizations, regional offices, or other public institutions.
The experience may relate to one or more of the following functional areas:
The assignment shall have included the development of at least two (2) of the following deliverables:
3. Experience in Payroll, Accounting, and Payment Processes
The consulting firm shall have successfully completed at least two (2) consulting assignments during the last ten (10) years involving the analysis and improvement of payroll, accounting, and payment processes in the public sector.
Each assignment shall have covered at least one of the following areas:
Under such assignments, the firm shall have analyzed existing processes and developed improved processes, procedures, or practical recommendations.
Provision of outsourcing services limited to bookkeeping, payroll processing, or payment processing shall not be considered as qualifying experience.
4. Experience in Integration of Financial Information Systems
The consulting firm shall have successfully completed at least two (2) assignments during the last ten (10) years involving the integration of information systems supporting payroll, accounting, and payment processes in the public sector.
Each assignment shall have included the integration of at least two (2) of the following systems:
The assignment shall have included the development of at least the following outputs:
The mere supply of software products, licenses, or technical maintenance services shall not be considered qualifying experience for this requirement.
The attention of interested Consultants is drawn to Section III of the World Bank’s “Procurement Regulations for IPF Borrowers” July 2016 (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest. In addition, please refer to the following specific information on conflict of interest related to this assignment: Consultants shall not be hired for any assignment that would be in conflict with their prior or current obligations to other clients, or that may place them in a position of being unable to carry out the assignment in the best interests of the Ministry of Finance of the Republic of Uzbekistan.
A Consultant will be selected in accordance with the Consultant Qualification Selection (CQS) method set out in the Procurement Regulations.
Further information can be obtained at the address below during office hours from 9:00 a.m. to 18:00 p.m. Tashkent time.
Expressions of interest must be delivered in a written form in English, Russian or Uzbek languages to the address below (in person, or by mail, or by e-mail) by 7 august 2026.
Project Implementation Unit under the
Ministry of Economy and finance of the Republic of Uzbekistan
Attn: Sirojiddin Imanov, Director
Address: Uzbekistan, 100035, Tashkent city,
Yunusobod District, Niyozbek Yuli 1 street;
Tel: +998712023113 (05493);
E-mail: piu_mof@mail.ru
As part of the EOI, the consultant should include the following information:
Date: | Country of Incorporation: |
Consultant Name: | Acronym: |
EOI Submission Authorized by: | Position |
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Project References - highlight the technical qualifications of your entity/consortium in undertaking similar assignments. Provide details of past experiences working with similar project authorities
Project References, present experiences in similar geographic areas.
Present relevant projects to demonstrate the firm’s technical qualifications and geographical experience (maximum 10 projects).
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We, the undersigned, certify to the best of our knowledge and belief:
Terms of Reference for
Consulting Services to Support Centralization of Payroll Processing, Payments, and Accounting for Budgetary Organizations through the Treasury
1. Introduction
The question of whether there is a need to transition to a centralized system for calculating wages and making payments, maintaining accounting records and financial statements, accounting for financial obligations, and conducting operations related to public procurement in the public finance management system requires a comprehensive and systematic analysis of the current state of the system.
Today's practice shows that the above financial processes are carried out by budget organizations in a dispersed manner, mainly due to manual operations in the process of calculating wages. At the same time, due to the lack of sufficient integration between budget planning, calculating wages and making payments, accounting and reporting, and procurement processes, there is an additional burden on the processes of data re-entry, manual generation and coordination of accounting entries.
The application of control mechanisms over financial transactions mainly at the post-operation stage, as well as the insufficient introduction of automated checks and limit controls at the system level in the processes of estimates, financial obligations, and public procurement, limits the effectiveness of financial control. As a result, the possibility of early detection of errors and discrepancies is insufficiently ensured.
At the same time, along with the centralization of wage processes, there is a need for a broader integrated model covering accounting, planning, budget execution, and financial reporting. Clarifying these aspects and forming a unified understanding for all stakeholders is of particular importance.
Considering the above, it is assessed that within the framework of improving the public finance management system based on modern requirements, there is a need to study the possibilities of centralized management of wages, accounting, planning, and financial operations.
This study is aimed at assessing the possibility of implementing it based on the Single Service Center (Central Shared Services - CSS, hereinafter referred to as the Center) model and consolidating all financial processes carried out by budget organizations in a single center.
Purpose
The purpose of this technical assignment is to develop specific and substantiated recommendations for the implementation of a centralized model, in which:
At the same time, within the framework of this technical assignment, it is envisaged not only to consider several possible options for a centralized model, but also to develop a unified recommendation for the model recognized as the most optimal in the conditions of Uzbekistan, including a clear justification of its legal form, management structure, accountability chain, and financing mechanisms.
This document defines the scope of work carried out by consultants and serves to form the analytical and conceptual framework necessary for the Government to make a sound decision on the implementation of a centralized financial management model.
SCOPE OF WORK
Within the framework of this assignment, the study will focus on a comprehensive analysis of financial processes carried out in budget organizations, assessing the need and possibilities of their centralization, and developing substantiated proposals for the implementation of a centralized model.
The task covers the following main areas:
1. Study of existing processes and assessment of the need for centralization
2. Budget Planning Processes
3. Personnel policy and remuneration processes
4. Procurement and Financial Obligation Processes
5. Accounting and financial statements
6. Study of the current state of information systems
7. Study the distribution of roles and responsibilities
8. Analysis of the regulatory framework
9. Development of options and final recommendations according to the centralized model
10. Stages of implementation and development of a roadmap
Development of a phased approach to implementing a centralized model, taking into account the breadth of coverage and the complexity of the processes:
The Consultant has the right to make substantiated proposals for clarifying, expanding, or deepening the scope of the task, based on the identified problems, systemic limitations, or areas requiring additional analysis during the study.
At the same time, the approaches proposed by the consultant should correspond to the general objectives of the assignment, that is, be aimed at a comprehensive assessment of the possibilities of implementing a centralized model and the development of practically applicable solutions. If necessary, the Consultant provides proposals for revising the scope of the study, conducting an in-depth analysis in individual areas, or introducing new components, with these changes being made in agreement with the customer.
This flexible approach serves to increase the practical significance of the results of the assignment, to fully cover existing problems, and to ensure the development of a centralized model suitable for the conditions of Uzbekistan, real and feasible for implementation.
Legal and institutional diagnostics
Within the framework of the scope defined in this assignment, a comprehensive analysis of the current regulatory legal acts of the Republic of Uzbekistan will be carried out, as well as how these acts regulate financial management, accounting, remuneration, budgeting, budget execution, public procurement, financial obligations, and reporting processes. At the same time, the current distribution of powers, responsibilities, and accountability for these processes, decision-making and approval mechanisms, as well as legal requirements related to data management and information systems, will be assessed.
As a result of the analysis, legal restrictions, institutional gaps, and inconsistencies affecting the implementation of the centralized model in the context of the above-mentioned areas are identified, and the compatibility of the existing system is assessed in terms of the possibilities of redistribution of powers, data exchange, and integration requirements.
The Consultant has the right to make reasonable proposals for clarifying, expanding, or deepening the scope of the task, based on the identified problems and systemic limitations during the study. In this case, the proposed approaches should correspond to the general goals of the task and be aimed at a comprehensive assessment of the possibilities of implementing a centralized model and the development of practically applicable solutions. If necessary, revision of the scope of study or conducting in-depth analyses in individual areas is carried out in agreement with the customer.
Legal and institutional diagnostics are carried out based on the scope defined above. If the scope is clarified or expanded during the study, the legal and institutional analysis in the relevant areas will also be updated and deepened accordingly.
Business Process Analysis (BPR)
Within this area, the consultant should conduct a comprehensive study of financial and operational processes based on the scope defined above.
Documentation of current processes (As-Is)
The Consultant needs to study the current processes in terms of salary, accounting, budgeting, and procurement processes step by step and develop a full description of them. This involves analyzing the sequence of processes, the information systems used (including UzASBO and DMBAT), data flows, and verification mechanisms.
During the study, the following aspects will be assessed separately:
The Consultant should also identify steps in the existing processes that can be simplified, automated, or canceled.
Development of a standardized catalog of operations
To create a framework for a centralized model, the Consultant needs to develop standardized catalogs of payroll actions (PAF) and accounting and financial operations.
Through these directories:
are provided for.
For each type of operation, the Consultant must clearly define:
Future process model (To-Be) and requirements specification
The Consultant must develop end-to-end business processes for the centralized model and formulate the corresponding functional and technical requirements.
This will cover the following main areas:
At the same time, the consultant has the right to:
Roles and responsibilities (RACI model)
The Consultant needs to develop a RACI model that clearly distributes roles and responsibilities across all key processes within the framework of the centralized model.
The following principles are taken as a basis:
Standard operating procedures (SOP)
To support the centralized model, the Consultant should develop or improve unified standard operational procedures (SOP) for key processes.
These regulations cover the following areas:
Targeted architecture and implementation roadmap
The Consultant must develop a targeted architecture and a phased implementation approach for the implementation of the centralized model.
This includes:
At the same time, the consultant:
Fit-gap analysis and IT roadmap
The Consultant will assess the compatibility and differences between the existing systems and the proposed model and develop a roadmap for IT development.
In this case, the following is mandatory:
Organizational model and HR design
Targeted Operating Model
Within the framework of the centralized services model, the Consultant should develop an operational model that includes the following structural elements:
Staff, roles, and competencies
Based on the operational model, the Consultant should determine:
This will cover the following main areas:
Position descriptions
The Consultant should develop detailed descriptions of key positions, including:
HR and organizational plan
The Consultant should develop a comprehensive HR and organizational plan, including:
Estimated (indicative) table
The Consultant must provide the following documents (in EN/RU/UZ languages):
The final consolidated implementation roadmap (weeks 16-18) is a document that includes a plan for the phased implementation of the centralized salary and accounting model, an approach to organizing the pilot project, and final recommendations for implementing institutional and technological changes.
The Consultant may submit a proposal to improve the schedule, but they must support a phased implementation approach.
Methodologies used by the Consultant
In the process of studying and analyzing, the Consultant should use methodologies used in international practice and aimed at decision-making. At the same time, at least the following approaches must be applied:
The results developed on the basis of these methodologies should be evidence-based, verifiable, and sufficiently detailed for decision-making.
Qualification requirements for the Consulting company and the Consultant
Experience with similar projects
It is advantageous for a consulting company to have experience in the public sector on successfully completed projects for the optimization, redesign, centralization or development of shared services/central shared services models.
Such projects should preferably be implemented in countries with public finance management systems comparable to the Republic of Uzbekistan.
These projects must be related to the management of public finances, budget execution, accounting of budgetary organizations, calculation of wages, financial reporting, public procurement, financial obligations, improvement of ERP/IFMIS/HRMIS or treasury information systems.
Experience in Uzbekistan shall be considered an advantage but shall not be mandatory.
The experience must be evidenced by contracts, client acceptance certificates, recommendation letters, or other official supporting documents.
Institutional experience in public finance and PFM
The consulting company must have at least five (5) years of practical institutional experience in the field of public finance, economics and finance, budget execution, treasury operations, accounting of budgetary organizations, payroll calculation, public procurement, or financial reporting in public finance management.
The company must have a deep understanding of budget planning, budget execution, registration of financial obligations, procurement-plan-contract-obligation-payment chain, internal control, risk assessment, and audit trace formation processes, and confirm experience working with government agencies, international organizations, development banks, or large public sector clients.
Methodological capacity and integrated approach
The consulting company must possess sufficient methodological capacity to develop As-Is and To-Be business processes, BPR, RACI, SOP, SLA, service catalog, fit-gap analysis, cost-benefit analysis, risk assessment, benchmarking, change management, legal and institutional diagnostics, IT/ERP/IFMIS architecture, and HR-organizational model within the project framework. The proposed methodology should not be limited to a general description but should include specific work for each stage, the documents to be prepared, analysis methods, expected results, and acceptance criteria.
Financial stability and project resources
The Consultant shall demonstrate that it has sufficient financial, organizational and human resources to implement the assignment properly and within the agreed timeline.
The Consultant shall provide information on its proposed expert team, availability of experts, and project coordination arrangements.
A permanent office in Uzbekistan is not mandatory. However, the Consultant should ensure effective local coordination through a local coordinator or local expert.
Quality control, privacy, and conflict of interest
The consulting company should demonstrate that it has internal mechanisms to ensure quality control, confidentiality, information security and prevention of conflict of interest.
The company should provide:
Formal ISO certification (ISO 9001, ISO 27001 or equivalent internal procedures) shall be considered an advantage.
Composition of the expert team
The consulting company must provide a qualified expert team sufficient for the assignment.
The team should include at least four (4) key experts:
One expert may cover more than one area only if he/she fully meets the minimum requirements for each role and confirm a sufficient level of employment for the project.
Project Manager / Team Leader requirements
The project manager must have at least 10 years of general experience in public sector transformation, public finance management, Shared Services / Central Shared Services, PFM reforms, or major institutional reforms.
He/she must have participated as a leader or key expert in at least three (3) relevant assignments.
For the purpose of this requirement, relevant assignments may include public sector reform, public financial management reform, payroll reform, accounting reform, IFMIS / ERP / HRMIS modernization, treasury modernization, institutional reform, business process reengineering projects in the public sector.
He/she should also demonstrate experience in working with government agencies, international organizations, or development banks, as well as in stakeholder coordination, preparation of analytical documents, and development of high-level presentations for decision-making.
Experience working in ministries of finance, treasury bodies or central bodies managing public finances is an advantage.
Expert requirements for PFM, accounting, payroll, and IPSAS
The expert team must include qualified specialists in public finance management, accounting for budgetary organizations, financial reporting, payroll calculation, and IPSAS. These experts should have knowledge and experience in budget planning, budget execution, treasury operations, financial liabilities, GL, AP/AR, assets, reserves, reconciliation, consolidation, financial statements, IPSAS or public sector accounting standards, HR data, attendance, bonuses, deductions, and payroll controls, each with at least 7 years of practical experience.
Requirements for BPR, IT/ERP/IFMIS and Systems Integration Expert
The expert should have experience in business process reengineering, process modelling, IT/ERP/IFMIS/HRMIS systems, and systems integration in public finance management, including:
Requirements for Legal, Institutional and Organizational Reform Expert
The expert should have at least five (5) years of practical experience in legal analysis, institutional reform, organizational design, or public sector reform.
The expert should have experience in projects related to public finance management in the following areas:
The expert should have higher education in law, public administration, economics, finance, management, human resources, or another relevant field.
Requirements for education, language proficiency, and expert rotation
All key experts should have at least a higher education in economics, finance, accounting, public administration, law, information technology, business administration, or related fields, and a master's degree or equivalent qualification should be considered an advantage. The project manager and at least one key international expert must be fluent in written and oral English, at least one key expert must be fluent in English and Russian, at least one expert must be able to work with ministries, departments, regional bodies and budgetary organizations in Uzbek, Russian and/or English, and the possibility of high-quality preparation of final documents in Uzbek must be ensured.
Key experts (indicative content)
The Consultant team should consist of qualified experts covering the main areas required for the assignment, including public financial management, accounting, payroll, budgeting, public procurement, business process reengineering, IT/ERP/IFMIS/HRMIS systems, legal and institutional analysis, organizational model design, and quality control.
The Consultant shall propose at least the following four (4) key experts, or equivalent experts capable of covering the required functions:
Project Manager / Team Leader
Responsible for overall project management, coordination of the expert team, communication with the Client and stakeholders, quality of deliverables, and preparation of analytical documents and high-level presentations.
PFM, Accounting, Payroll and IPSAS Expert
Responsible for analysis of public financial management, budget execution, accounting of budgetary organizations, payroll calculation, financial reporting, IPSAS or equivalent public sector accounting standards, and interaction between payroll, accounting and treasury processes.
BPR, IT/ERP/IFMIS and Systems Integration Expert
Responsible for business process analysis and redesign, As-Is and To-Be process mapping, SOPs, RACI matrices, fit-gap analysis of existing information systems, and assessment of ERP/IFMIS/HRMIS/treasury/accounting/payroll systems and their integration.
Legal, Institutional and Organizational Reform Expert
Responsible for legal and institutional analysis, review of regulatory requirements, distribution of powers and responsibilities, organizational model design, staffing structure, competency requirements, job descriptions, and transition planning.
The Consultant shall also ensure an appropriate quality control mechanism. A separate Quality Assurance Lead may be proposed, but this is not mandatory if the Consultant demonstrates an adequate internal quality review arrangement.
The Consultant shall submit CVs and availability confirmations for all proposed key experts.
Reporting procedure
Within the framework of the project, the Consultant reports to the Management Committee and/or Project Management Group (PMG) designated by the Client and must submit interim reports at least once a month. Each deliverable is presented in preliminary (draft) and final (final) versions and is updated based on comments and suggestions from the Customer and interested parties.
Language, translation, and quality requirements
All main deliveries (Initial Report, Delivery 1-5 and Final Roadmap) must be provided in English, Uzbek and Russian in accordance with the Customer's requirements, and their content compliance and quality control will be ensured by the Consultant.
"},{"id":"OP00456906","notice_type":"Request for Expression of Interest","noticedate":"29-Jul-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-08-10T00:00:00Z","submission_deadline_time":"14:30","project_ctry_name":"Mozambique","project_id":"P178658","project_name":"Access to Finance & Economic Opportunities Project – Mais Oportunidades","bid_reference_no":"MZ-MEF-DNT-556716-CS-QCBS","bid_description":"Consulting Services for the Preparation of Detailed Designs and Environmental and Social Studies for the Vilankulos Coastal Protection Project","procurement_group":"CS","procurement_method_code":"QCBS","procurement_method_name":"Quality And Cost-Based Selection","contact_address":"Av. do Zimbabwe no. 1374, Maputo","contact_ctry_name":"Mozambique","contact_email":"Ppaulino67@gmail.com","contact_name":"Pedro Paulino","contact_organization":"Ministry of Economy and Finance - DNT","contact_phone_no":"+258 21081643","submission_date":"2026-07-29T00:00:00Z","notice_text":"
REPUBLIC OF MOZAMBIQUE
MINISTRY OF FINANCE
National Directorate of Treasury and Economic and Financial Cooperation
ACCESS TO FINANCE & ECONOMIC OPPORTUNITIES PROJECT: MAIS OPORTUNIDADES
Project Implementation Unit
REQUEST FOR EXPRESSIONS OF INTEREST
(CONSULTING SERVICES – FIRMS SELECTION)
(This is a re-publication of the previous Request for Expressions of Interest under the same title and Reference No. MZ-MEF-DNT-556716-CS-QCBS. Firms or consortia that submitted an Expression of Interest in response to the previous publication are not required to resubmit their Expressions of Interest, as their previous submissions will remain valid and be taken into consideration.)
CONSULTING SERVICES FOR MARITIME DIAGNOSIS AND MODELLING, STUDY AND ALTERNATIVES, EXECUTIVE PROJECT AND ENVIRONMENTAL AND SOCIAL STUDIES, FOR THE CONSTRUCTION OF THE COASTAL PROTECTION INFRASTRUCTURE, REHABILITATION AND REQUALIFICATION OF THE MARGINAL OF THE MUNICIPALITY OF THE CITY OF VILANKULO, INHAMBANE PROVINCE
Country: Mozambique
Grant No: Credit IDA-72780, Project No. P178658
Assignment Title: Consulting Services for Maritime Diagnosis and Modelling, Study and Alternatives, Executive Project and Environmental and Social Studies, for the Construction of the Coastal Protection Infrastructure, Rehabilitation and Requalification of the Marginal of the Municipality of the City of Vilankulo, Inhambane Province
Reference No: MZ-MEF-DNT-556716-CS-QCBS
1. The Government of Mozambique (GoM), through the Ministry of Finance (MF) has received funding from the World Bank toward the cost of the Mozambique: Access to Finance & Economic Opportunities Project (Mais Oportunidades) and intends to apply part of the proceeds for consulting services.
2. The Consulting Services (“the Services”) include development of technically sound, climateresilient coastal protection and waterfront rehabilitation solutions for the Vilankulo waterfront area through an evidencedriven approach. The specific objectives are as follows:
The detailed Terms of Reference (TOR) for the assignment can be provided on request to the following e-mail: procurement.pled@gmail.com.
3. The Ministry of Finance (MF) now invites eligible Consultants to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services (brochures, description of similar assignments, experience in similar conditions, etc.). The firm or Consortium selected must be legally registered institutions with the qualifications and experience below.
4. Shortlisting will be based on the Consultant's general and specific experience in coastal engineering, coastal protection design, waterfront rehabilitation projects, environmental and social safeguards, technical backstopping capacity, and regional experience. Detailed qualification and evaluation criteria are provided in the Terms of Reference.
The shortlisting criteria are:
Key Experts will not be evaluated at the shortlisting stage.
5. The attention of interested Consultants is drawn to Section III, paragraphs, 3.14, 3.16, and 3.17 of the World Bank’s “Procurement Regulations for IPF Borrowers” September 2023 (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest.
Given the multidisciplinary nature of the assignment, consultants may associate with other firms to enhance their qualifications but should indicate clearly whether the association is in the form of a joint venture and/or a sub-consultancy. In the case of a joint venture, all the partners in the joint venture shall be jointly and severally liable for the entire contract, if selected.
6. A Consultant will be selected in accordance with the Quality and Cost Based Selection method set out in the World Bank Procurement Regulations.
7. Further information can be obtained at the address below during office hours from 8:30 to 15:30 hours.
8. Expressions of Interest must be delivered in a written form to the address below (in person, by e-mail, or, preferably, through the following online submission link: https://form.jotform.com/ConectaNegocios/MaisOp_VilankulosEoI) by 14:30 hours on 10 August 2026.
Ministério das Finanças
Direcção Nacional do Tesouro e Cooperação Económica e Financeira
Projecto de Acesso ao Financiamento e Oportunidades Económicas: Mais Oportunidades
Unidade de Coordenação do Projecto
Av. Do Zimbabwe, No. 1374
Maputo – Moçambique
Tel: +258 21081643
Email: procurement.pled@gmail.com
"},{"id":"OP00455244","notice_type":"Request for Expression of Interest","noticedate":"28-Jul-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-08-07T00:00:00Z","submission_deadline_time":"23:45","project_ctry_name":"Uzbekistan","project_id":"P504420","project_name":"INnovative SOcial Protection System for inclusiON of Vulnerable People Project","bid_reference_no":"UZ-INSON-CS-CQS-2.1.3.4.","bid_description":"Development of a 90-Minute Online LMS Course on Social Work Safety in the workplace","procurement_group":"CS","procurement_method_code":"CQS","procurement_method_name":"Consultant Qualification Selection","contact_address":"Tashkent city, Mirabad district, Yangizamon street, 1","contact_ctry_name":"Uzbekistan","contact_email":"piuinsonprocurement@gmail.com","contact_name":"Mirodil Khusanov","contact_organization":"NATIONAL AGENCY FOR SOCIAL PROTECTION UNDER THE PRESIDENT OF THE REPUBLIC OF UZBEKISTAN","contact_phone_no":"+998712395976","contact_web_url":"https://ihma.uz/","submission_date":"2026-07-28T00:00:00Z","notice_text":"REQUEST FOR EXPRESSIONS OF INTEREST
CONSULTANTS’ QUALIFICATION-BASED SELECTION (CQS)
Project Name | “Innovative Social Protection System for Inclusion of Vulnerable People” (INSON) |
Loan/Credit/Grant No. | Credit 7555-UZ / Grant Agreement No. TF C4589-UZ |
Assignment Title | Development of a 90-minute online LMS course on occupational safety in social work |
Procurement Plan Reference No. | UZ-INSON-CS-CQS-2.1.3.4 |
Country | Republic of Uzbekistan |
The Republic of Uzbekistan has received financing from the World Bank for implementation of the INSON project and intends to apply part of the proceeds to consulting services.
The consulting services (“Services”) include the development of a ready-to-use online LMS-based course of up to 90 minutes dedicated to occupational safety in social work. The course will be developed on the basis of the requirements of the national standard “Social Protection of the Population. Occupational Safety in the Performance of Social Work” and is intended for social workers, interns, and volunteers within the system of the National Agency for Social Protection.
The scope of services includes instructional design and development of the course content (4 modules, introduction, and final test), preparation of a bank of not less than 200 test questions and 50 practical cases, development of multimedia materials (video clips, infographics, algorithms), technical integration of the course with the LMS in SCORM 1.2, SCORM 2004, or xAPI formats, technical testing, and transfer of the full package of source files and documentation to the Client.
The duration of the assignment is approximately 20–24 weeks.
The detailed Terms of Reference (ToR) for this assignment can be found at the following link:
https://docs.google.com/document/d/13r4vjME8jLGNoyEcLnwkmLm6XPmLROib/edit?usp=sharing&ouid=104755491226149341341&rtpof=true&sd=true
NASP invites qualified firms to express their interest in providing the Services. Interested firms shall provide information demonstrating that they have the required qualifications and relevant experience.
The attention of interested consultants is drawn to paragraphs 3.14, 3.16, and 3.17 of the World Bank Procurement Regulations (September 2023) regarding conflict of interest.
The most qualified firm to provide the services will be selected in accordance with the Consultants’ Qualification-Based Selection (CQS) method set out in the Procurement Regulations, and based on the qualification requirements set out in the Terms of Reference:
Additional information may be obtained at piuinsonprocurement@gmail.com during office hours from 09:00 to 17:00 Tashkent time.
Expressions of interest, demonstrating relevant qualifications and experience, must be submitted electronically to piuinsonprocurement@gmail.com by August 7, 2026.
INSON PIU under NASP
Attention: Mr. Mirodil Khusanov, Project Coordinator.
Address: 3 Amir Temur Street, Tashkent, Uzbekistan, 100060
Tel.: +998712395976.
E-mail: piuinsonprocurement@gmail.com, cc: m.xusanov@ihma.uz; s.maxmudov@ihma.uz
"},{"id":"OP00459454","notice_type":"Contract Award","noticedate":"28-Jul-2026","notice_lang_name":"English","notice_status":"Published","project_ctry_name":"Sierra Leone","project_id":"P167897","project_name":"Sierra Leone Free Education Project","bid_reference_no":"SL-MBSSE-310520-CS-QCBS","bid_description":"Hiring of A Consultancy Services for the Piloting of Large Scale Learning Assessment for MBSSE","procurement_group":"CS","procurement_method_code":"QCBS","procurement_method_name":"Quality And Cost-Based Selection","submission_date":"2026-07-28T00:00:00Z","notice_text":"Project:P167897-Sierra Leone Free Education Project
Loan/Credit/TF Info:IDA-D6810
Bid/Contract Reference No:SL-MBSSE-310520-CS-QCBS
Procurement Method:QCBS-Quality And Cost-Based Selection
Scope of Contract:CONSULTANCY SERVICES -TECHNICAL ASSISTANCE TO SUPPORT THE PILOT OF AND BUILD CAPACITIES OF NASU/MBSSE STAFF FOR A NATIONAL LARGE SCALE ASSESSMENT IMPLEMENTATION UNDER THE FREE QUALITY EDUCA
Notice Version No:0
| Technical: | 98.50 | |
| Consultant Specific Experience: | 30 | |
| Methodology: | 15 | |
| Key Personnel: | 48.5 | |
| Transfer of Knowledge: | 5 | |
| Financial: | 20 | |
| Combined: | 94.25 | |
| Rank: | 1 | |
REQUEST FOR EXPRESSIONS OF INTEREST
(CONSULTING SERVICES – Individual Consultants)
Country: Grenada
Name of Projects: Windward Islands Sector Transformation for Learning Enhancement (WISTLE) Project
Grant No: TF-C8596
Assignment Title: National Consultant for Curriculum and Assessment Support
Reference No.: GD-MOE-GRENADA-552289-CS-INDV
Background
The Government of Grenada has received financing from the Global Partnership for Education (GPE) through the World Bank toward the implementation of the Windward Islands Sector Transformation for Learning Enhancement (WISTLE) Project and intends to apply part of the proceeds to engage an Individual Consultant – Curriculum and Assessment Support.
The WISTLE Project is a regional initiative supporting Dominica, Grenada, Saint Lucia, and Saint Vincent and the Grenadines in strengthening education systems through curriculum reform, teacher professional development, education technology, assessment systems, and institutional capacity building.
Under Component 2 – Enhanced Lower Secondary Curriculum and Assessment Strategy in Grenada, the Ministry of Education seeks to recruit a qualified National Consultant to provide technical, operational, and coordination support for the implementation of curriculum reform and learning assessment activities.
Scope of Services
The Consultant will, among other responsibilities:
Objective of the Assignment
The Consultant will provide planning, coordination, technical and implementation support to the Ministry of Education and the Project Implementation Unit (PIU) in the execution of Component 2 activities. The Consultant will support project planning, implementation, monitoring, reporting, stakeholder coordination, and to ensure timely and effective implementation of the Project.
The assignment is expected to be carried out over a period of twelve (12) months, with the possibility of renewal for an additional twelve (12) months based on satisfactory performance.
Qualification and Experience Requirements
The Government of Grenada now invites individual consultants (“Consultants”) to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services (attach curriculum vitae with description of experience in similar assignments, similar conditions, etc.) In all cases, only the experience and qualifications of individuals shall be considered in the selection process.
Further information can be obtained from the Project Coordinator, Jessie Cumberbatch email npcskip@moe.edu.gd during office hours of 8:00 a.m. and 4:00 p.m. Monday to Friday (Grenada time).
Interested persons may request a copy of the detailed Terms of Reference from the Procurement Officer by sending an e-mail to: spo@procurement.gov.gd, visiting www.procurement.gd or via the In-Tend E-procurement portal.
Expressions of interest must be delivered through electronic submission through the procurement system at https://in-tendhost.co.uk/GND/aspx/Home . Candidates must register on this portal and submit all interest and queries through this medium.
Upon receipt of the documents, a confirmation email acknowledging the names of the files received will be sent.
Date of Deadline Submission: August 07, 2026
Submissions shall be clearly marked “Expression of Interest– National Consultant for Curriculum and Assessment Support.
"},{"id":"OP00458126","notice_type":"Invitation for Bids","noticedate":"24-Jul-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-10-30T00:00:00Z","submission_deadline_time":"17:00","project_ctry_name":"Georgia","project_id":"P513957","project_name":"Trans-Caspian Transport Corridor - Georgia Accessibility and Transport Enhancement Project","bid_reference_no":"GE-GR-563165-GO-RFB","bid_description":"Procurement of 45 Main Line DC Freight Electric Locomotives and Full Long-term Technical Maintenance","procurement_group":"GO","procurement_method_code":"RFB","procurement_method_name":"Request for Bids","contact_address":"15 Tamar Mepe Ave., 0112 Tbilisi, Georgia","contact_ctry_name":"Georgia","contact_email":"TCGATE@railway.ge","contact_name":"Teona Miminoshvili","contact_organization":"JSC Georgian Railway","contact_phone_no":"+995 (322) 199009","contact_web_url":"https://www.railway.ge/en/","submission_date":"2026-07-24T00:00:00Z","notice_text":"
Specific Procurement Notice
Request for Bids
Goods
(Two-Envelope Bidding Process)
Country: Georgia
Name of Project: Trans-Caspian Transport Corridor – Georgia Accessibility and Transport Enhancement Project (Project)
Contract Title: Procurement of 45 Main Line DC Freight Electric Locomotives and Full Long-term Technical Maintenance
Loan No.: IBRD-99810
RFB Reference No.: GE-GR-563165-GO-RFB
2. The JSC Georgian Railway (GR) now invites sealed Bids from eligible Bidders for Procurement of 45 Main Line DC Freight Electric Locomotives and Full Long-term Technical Maintenance to be to be delivered by a single manufacturer.
Permitted Locomotive Configuration
The Bidder shall offer one of the following locomotive configurations only:
Each proposed configuration shall meet all specified performance requirements, including traction capacity, rated power, operational efficiency, compatibility with the Purchaser’s network, and all other technical requirements.
No alternative quantity or mixed configuration shall be accepted. The Bid shall be based exclusively on either 45 integrated units or 90 separate Bo-Bo units forming 45 pairs (hereinafter referred to as "45 locomotives").
Delivery Requirement: The locomotives shall be delivered to the depot in city Khashuri, Georgia under the CIP conditions. The 1st locomotive shall be delivered within 27 months from the contract effectiveness date. The remaining 44 locomotives shall be delivered within the deadlines defined in Section VII – Schedule of Requirement to ensure completion of all deliveries within 55 months from the contract effectiveness date.
Scope of the contract includes design, manufacturing, delivery, testing, commissioning (supplied system fully operational, accepted, and ready for commercial service) of 45 Main Line DC Freight Electric Locomotives and at least 2-year warranty period. The contract will be financed by 50/50 from World Bank and ADB sources.
In addition, the scope includes the provision of full technical maintenance services (excluding major overhauls) for the delivered locomotives. These services shall commence upon the Operational Acceptance of the first Locomotive and shall continue throughout the Warranty Period and the subsequent ten (10)-year post-warranty maintenance period for each Locomotive. The overall duration of the Locomotives Maintenance Agreement shall expire upon completion of the ten (10)-year post-warranty maintenance period applicable to the latest delivered Locomotive or batch of Locomotives. The maintenance services shall cover spare parts, consumables, major components, and all necessary maintenance activities. For this purpose, a separate maintenance service agreement will be entered into with the successful Bidder. The terms and conditions of this agreement and are included in the bidding documents and incorporate performance-based Key Performance Indicators (KPIs), payment mechanisms structured on measurable performance criteria, and a price adjustment formula. The maintenance service agreement will be financed from the Purchaser’s own resources and may be extended subject to satisfactory performance.
Under this arrangement, the Supplier shall, as part of its maintenance obligations and at its own cost, design, construct, equip, and commission a new fully operational service center (depot) for the maintenance of at least the forty-five (45) locomotives. Subject to the Supplier’s full compliance with the performance, availability, and maintenance obligations under the Lcomotives Maintenance Agreement, the Purchaser grants the Supplier the right to use the depot facilities for third-party rolling stock and maintenance services. Under all circumstances, the Purchaser’s operational and maintenance requirements shall take precedence. The depot shall be completed and ready for operation prior to the Operational Acceptance of the first locomotive.
For the purpose of new depot, the Borrower shall provide the Supplier with a land plot located within the existing Khashuri depot. The land shall be made available free of charge for the entire duration of the maintenance service agreement under a right of superficies arrangement, granting the Supplier the legal right to design, construct, operate, and maintain the depot on the provided land for the contract period. The Supplier shall retain ownership of the depot, its infrastructure, and all installed equipment during the period in which it is responsible for maintenance services and depot operations under the maintenance contract.
Capabilities and Qualification Requirements: To implement the scope of the contract the Bidder shall meet the following requirements:
Qualification Criteria (ITB 32.1)
The Purchaser shall assess each Bid against the following Qualification Criteria. Requirements not included in the text below shall not be used in the evaluation of the Bidder’s qualifications.
(i) The Bidder shall demonstrate that it has successfully completed at least two (2) contracts in the role of prime contractor within the last ten (10) years prior to bid submission deadline, each for delivery of at least ten (10) main line electric locomotives for the maximum operating speed 120 km/h that are similar in nature and complexity to the Goods and Related Services required under this RFB. The Bidder shall submit relevant completion certificates, taking-over certificates, or equivalent documents acceptable for the Purchaser, issued by previous clients and confirming the successful completion of delivery, testing and current successful operation of locomotives.
For a joint ventures, this requirement may be met by all members combined.
(ii) The Bidder shall demonstrate that it has successfully substantially completed[1] at least one (1) contract in the role of prime contractor within the last ten (10) years prior to bid submission deadline, each for provision of maintenance or overhaul services of at least twenty (20) main line electric locomotives that are similar in nature and complexity to the Full Technical Maintenance service required under this RFB. The Bidder shall submit performance certificates or reference letters acceptable for the Purchaser, issued by the previous clients confirming that the contract has been or is being performed satisfactorily.
For a joint ventures, this requirement may be met by all members combined.
The Bidder shall furnish documentary evidence to demonstrate that the offered Goods meet the following requirements:
(ii) its annual production capacity of goods of similar nature and complexity for any of the last 10 years prior to the bid submission deadline, is at least eighteen (18) locomotives.
The Bidder shall provide documentary evidence to demonstrate compliance with the above requirements.
The Purchaser reserves the right to request additional information or clarification to verify the Bidder’s production capacity.
The Bidder shall provide a cyber security risk assessment and management plan to ensure that the product meets legal and industry-specific security standards and ensures that there are no harmful algorithms in the control systems that can negatively affect operation of the locomotive.
A bidder who does who does not manufacture an item/s where a manufacturer authorization is not required in accordance with BDS ITB 17.2 (a), the bidder shall submit documentation on, its status as a supplier, to the satisfaction of the Purchaser (e.g. authorized dealer/ distributor of the items).
At the time of Contract Award, the Bidder (including each sub-contractor proposed by the Bidder) shall not be subject to disqualification by the Bank for non-compliance with SEA/ SH obligations.
3. Bidding will be conducted through international competitive procurement using a Request for Bids (RFB) as specified in the World Bank’s “Procurement Regulations for IPF Borrowers” dated September 2025 (“Procurement Regulations”), and is open to all eligible Bidders as defined in the Procurement Regulations.
4. Bids will be evaluated in accordance with the evaluation process set out in the bidding documents. The following weightings shall apply for Rated Criteria (including technical and non-price factors): 40% and for Bid cost: 60%.
5. Interested eligible Bidders may obtain further information on RFB document by sending e-mail at the address given below.
6. The bidding document in English may be obtained by interested Bidders after the submission of a written request to the address: TCGATE@railway.ge. The document will be sent free of charge by e-mail.
7. Bids must be delivered to the address below on or before October 30, 2026, time 17:00 Tbilisi time. Late Bids will be rejected. Electronic Bidding will not be permitted. The outer Bid envelopes marked “Original Bid”, and the inner envelopes marked “Technical Part” will be publicly opened in the presence of the Bidders’ designated representatives and anyone who chooses to attend, at the address below on October 30, 2026, time 17:00 Tbilisi time. All envelopes marked “Second Envelope: Financial Part” shall remain unopened and will be held in safe custody of the Purchaser until the second public opening.8. All Bids must be accompanied by a “Bid Securing Declaration”.
9. Attention is drawn to the Procurement Regulations requiring the Borrower to disclose information on the successful bidder’s beneficial ownership, as part of the Contract Award Notice, using the Beneficial Ownership Disclosure Form as included in the bidding document.
10. The address(es) referred to above is (are):
Ms. Teona Miminoshvili,
Head of Procurement Department
JSC Georgian Railway
Address: 15 Tamar Mepe Ave., 0112 Tbilisi, Georgia
2nd Floor, Conference Room
Website: https://www.railway.ge/en/
[1] Substantially completed” means that at least fifty percent (50%) of the total contract value has been successfully performed, as evidenced by interim or final certificates issued by the Employer, and the contract is operational without material performance issues.
"},{"id":"OP00453805","notice_type":"Request for Expression of Interest","noticedate":"22-Jul-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-07-31T00:00:00Z","submission_deadline_time":"16:00","project_ctry_name":"Central Asia","project_id":"P509488","project_name":"Regional Electricity Market Interconnectivity and Trade","bid_reference_no":"REMIT-TJ-CS-QCBS-LS-RS","bid_description":"Consulting Services for the Preparation of Feasibility Study, Environmental and Social Documents, Detailed Technical Design, Bills of Quantities (BOQ), Bidding Documents, and Procurement Process Support for the Construction of the 500 kV Transmission Line","procurement_group":"CS","procurement_method_code":"QCBS","procurement_method_name":"Quality And Cost-Based Selection","contact_address":"64 Ismoili Somoni Str. Dushanbe. 734026. Tajikistan\nEmail: gtlshib@gmail.com","contact_ctry_name":"Tajikistan","contact_email":"gtlshib@gmail.com","contact_name":"Safarzoda Khayrullo","contact_organization":"OJSC \"Shabakahoi intiqoli barq\"","contact_phone_no":"+992 566","submission_date":"2026-07-22T00:00:00Z","notice_text":"
REQUEST FOR EXPRESSIONS OF INTEREST
REPUBLIC OF TAJIKISTAN
Open Joint Stock Company Shabakahoi Intiqoli Barq (SIB)
Project: Regional Electricity Market Interconnectivity and Trade program (P509488)
Assignment Title: Consulting Services for the Preparation of Feasibility Study, Environmental and Social Documents, Detailed Technical Design, Bills of Quantities (BOQ), Bidding Documents, and Procurement Process Support for the Construction of the 500 kV Transmission Line from Rogun Hydro Power Plant (HPP) to the Construction Site of New Sayhun Substation, including Reconstruction of Related Infrastructure
Reference No.: REMIT-TJ-CS-QCBS-LS-RS
The Republic of Tajikistan has received financing from the World Bank toward the cost of the Regional Electricity Market Interconnectivity and Trade program and intends to use part of these funds for the Consulting Services for the Preparation of Feasibility Study, Environmental and Social documents, Detailed Technical Design, Bills of Quantities (BOQ), Bidding Documents, and Procurement Process Support for the Construction of the 500 kV Transmission Line from Rogun Hydro Power Plant (HPP) to New Sayhun Substation, including new 500/220/35 kV Sayhun-500 Substation, 500 kV Transmission Line Sayhun – Sughd, new 220 kV Outgoing Lines from Sayhun 500 kV substation, new bay at Sughd 500 kV substation, reconstruction of the 220 kV Switchyard at Khujand Substation with the associated 220 kV OHL
The main objective of the consulting services is to support the Open Joint Stock Company “Shabakahoi Intiqoli Barq” (SIB) in the preparation of the Feasibility Study development of a Scoping Study and preparation of detailed Environmental and Social Impact Assessment (ESIA), Land Acquisition Plan (LAP)/ Resettlement Action Plan (RAP), Stakeholder Engagement Plan (SEP) and, possibly, Biodiversity Action Plan (BAP), Gender Action Plan (GAP), Detailed Technical Design, Cost Estimates, Bills of Quantities (BOQ), Technical Specifications, Bidding Documents and support during the bidding and evaluation stages of procurement processing.
The assignment will be implemented under the following Phases:
Phases 1: Preparation of Feasibility Study and ESF Documents for Transmission Line and Substation
Phase 2: Detailed Design and Procurement Support for associated procurement activities encompasses all activities related to the preparation of the detailed technical design, including the ESMP to be integrated with the Bidding documents, RAP/LRP as required, cost estimation of project packages, Bills of Quantities, Technical Specifications, Bidding Documents, and support during the procurement process, including assistance up to the award of contracts for the transmission line and substation works. The phase I and phase II shall be implemented under a Lump Sum contract.
Phase 3: Supervision and contract management during construction, commissioning, and project close-out, extending through the final acceptance and the end of the warranty period (Phase 3 would be implemented under a separate time-based contract to be finalized in case of successful performance of services during Phases 1-2.The detailed Terms of reference for the assignment can be found in the website of Open Joint Stock Company “Shabakahoi intiqoli barq” in the following link:https: https://docs.google.com/document/d/1HfNFcN1up0keGK-aAlQUQ6qXuYMJ7uNf54_NfugR-O4/edit?usp=drive_link
The Open Joint Stock Company “Shabakahoi intiqoli barq” now invites eligible consulting firms (“Consultants”) to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services (including profile of the firm, experience, performance/reference letter from previous Clients, primary legal documents, etc).
The shortlisting criteria are:
Key Experts will not be evaluated at the shortlisting stage.
The attention of interested Consultants is drawn to the Section III, Para (Conflict of interest) 3.13,3.14, and 3.16 of the World Bank's” Procurement Regulations for IPF Borrowers, revised September 2025,” [Procurement in investment Project Financing; Goods, Works, Non-Consulting and Consulting Services], setting forth the World Bank's policy on conflict of interest.
A Consultant will be selected in accordance with the QCBS (Consultants Quality and Cost-based Selection) method set out in the Procurement Regulations.
Consultants may associate with other firms to enhance their qualifications in the form of a joint venture and/or lead/sub-consultancy. Consultants shall indicate clearly in the Expression of Interest whether the association is in the form of a joint venture and/or a sub-consultancy. In the case of a joint venture, all the partners in the joint venture shall be jointly and severally liable for the entire contract, if selected.
Further information can be obtained at the address below during office hours (Monday to Friday, 08:30 – 17:00 hours, except on public holidays).
The envelope must be clearly marked “Expression of Interest for Consulting Services for the Preparation of Feasibility Study, Environmental and Social documents, Detailed Technical Design, Bills of Quantities (BOQ), Bidding Documents, and Procurement Process Support for the Construction of the 500 kV Transmission Line from Rogun Hydro Power Plant (HPP) to the Construction of New Saykhun Substation, including Reconstruction of Related Infrastructure”.
Expressions of Interest must be delivered in a written form prepared in English and Russian languages (in case of any discrepancy, the English version shall prevail) to the address below in person, or by courier, or by e-mail by July 31, 2026, 16:00 hour Dushanbe time.
For the attention of: Mr. Abdullo Safarzoda, Head of PIU
OJSC "Shabakahoi intiqoli barq".
64 I.Somoni avenue, Dushanbe, Republic of Tajikistan
E-mail: gtlshib@gmail.com
"},{"id":"OP00458131","notice_type":"Contract Award","noticedate":"21-Jul-2026","notice_lang_name":"English","notice_status":"Published","project_ctry_name":"Mozambique","project_id":"P163989","project_name":"Mozambique Urban Development and Decentralization Project","bid_reference_no":"MZ-MAEF-495586-NC-RFB","bid_description":"Impressao 5000 Brochuras Politica Nacional de Urbanizacao (PNU)","procurement_group":"NC","procurement_method_code":"RFB","procurement_method_name":"Request for Bids","submission_date":"2026-07-21T00:00:00Z","notice_text":"Project:P163989-Mozambique Urban Development and Decentralization Project
Loan/Credit/TF Info:IDA-D6490
Bid/Contract Reference No:MZ-MAEF-495586-NC-RFB
Procurement Method:RFB-Request for Bids
Scope of Contract:Impressao 5000 Brochuras Politica Nacional de Urbanizacao (PNU)
Notice Version No:0
REPUBLIQUE DE GUINEE
Travail - Justice – Solidarité
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MINISTERE DE L’AGRICULTURE
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AGENCE DE PREPARATION : PROJET D’HARMONISATION ET D’AMELIORATION DES STATISTIQUES EN AFRIQUE DE L’OUEST ET DU CENTRE (PHASAOC)
PROJET DE DEVELOPPEMENT DE L’AGRICULTURE COMMERCIALE EN GUINEE PHASE 2 (PDACG2)
Financement Banque Mondiale : Crédit N° 6771– GN / Don N° D713 – GN
GN-PDACG 2 -AGRICULTURE-556403-CS-INDV
Recrutement du/de la Spécialiste de la Sauvegarde Environnementale (SSE) pour le Projet de Développement de l’Agriculture Commerciale en Guinée Phase 2 (PDACG2)
APPEL A MANIFESTATION D’INTERET POUR LE RECRUTEMENT DU SPECIALISTE DE LA SAUVEGARDE ENVIRONNEMENTALE (SSE) DU Projet de Développement de l’Agriculture Commerciale en Guinée Phase 2 (PDACG2)
NUMERO DE L’ACTIVITE GN-PDACG 2 -AGRICULTURE-556403-CS-INDV
AMI N°001-MA/PDACG2/2026
Date de début : 14 juillet 2026
Date de fin : 31 juillet 2026
Le Projet de Développement de l’Agriculture Commerciale en Guinée Phase 2 (PDACG2) s’inscrit dans l’exécution de la Politique Nationale de Développement Agricole (PNDA) arrimé au Plan de Développement Economique et Social responsable de la Guinée dénommé ‘’Programme SIMANDOU 2040’’ en son Pilier 1 : Agriculture – Industries alimentaires & Commerce, en vue de faire de l’agriculture le moteur de croissance socio-économique inclusive et durable de la Guinée. Le projet s’inscrit dans la logique d’intervention de l’Initiative AgriConnect Guinée et vise également à contribuer à l’accélération de la mise en œuvre du Plan National d’Investissement Agricole, de Sécurité Alimentaire et Nutritionnelle (PNIASAN-2018-2025) soutenu par l’Union Africaine (UA) et la Communauté Économique des États de l’Afrique de l’Ouest (CEDEAO).
L’approche du projet est fondée sur la transformation du secteur agroalimentaire en un secteur agricole commercial compétitif susceptible d’attirer des investissements privés en Guinée en vue de développer des chaînes de valeur agricole en vue d’approvisionner les marchés à croissance rapide et créer des emplois et des opportunités économiques. Les principes d’intervention du projet sont essentiellement de : (i) tirer parti des infrastructures de transport existantes le long des corridors Kankan – Mamou - Kindia et Kindia-Conakry, (ii) concentrer le soutien initial dans les agropoles retenus pour le Programme Simandou 2040 et (iii) répondre, grâce à une flexibilité, aux opportunités d’affaires pouvant contribuer à l’atteinte de l’objectif de développement du projet.
Les interventions du programme axées sur trois chaînes de valeur (riz, fonio et volaille) centrées autour des pôles de croissance du programme Simandou 2040 : Kankan, Mamou et Kindia. Ces sites ont été sélectionnés pour leur capacité à favoriser la transformation des chaînes de valeur ciblées. Dans la région de Boké, les activités essentielles de la phase1 seront consolidées.
Le PDACG2 sera financé par l’Association Internationale pour le Développement (IDA) pour un montant de cent (100) millions de dollars US et pour une durée d’exécution de cinq (5) ans.
Le projet comporte les cinq (5) principales composantes résumées ci-après :
La mise en œuvre du Projet sera effectuée sous la responsabilité et la coordination du ministère de l’Agriculture (MA) qui s’appuiera sur une unité autonome de coordination de projet (UCP) implantée au sein de l’Unité de suivi de la mise en œuvre du Pilier I du Programme Simandou 2040. L’UCP sera responsable de la coordination générale du projet, de la gestion fiduciaire, de la supervision technique et de l’assurance qualité, des garanties environnementales et sociales, de l’inclusion des femmes, de la gestion des sous-projets et des protocoles d’accord (PA), du suivi et de l’évaluation, ainsi que de l’exécution du plan de travail et du budget annuels approuvés. L’UCP sera dirigée par un coordonnateur de projet à temps plein, sélectionné au sein de la fonction publique et rémunéré par des indemnités financées par le projet.
Le présent document représente les termes de référence pour le recrutement du du/de la Spécialiste de la Sauvegarde Environnementale (SSE)de l’UCP du projet. Il précise les missions, les tâches, les qualifications et les modalités de sélection.
Les présents termes de références concernent la mission, les responsabilités et les tâches du (de la) Spécialiste en Sauvegarde Environnementale.
Le (la) Spécialiste en Sauvegarde Environnementale aura la responsabilité d’assurer la gestion appropriée des aspects environnementaux (notamment environnement biophysique, santé et sécurité des personnes, risques liés aux installations classées pour la protection de l’environnement) des activités du projet sous la supervision et la coordination directes du coordinateur (de la coordinatrice) du projet et en étroite collaboration avec les autres membres de l’équipe.
A cet effet, le (la) Spécialiste en Sauvegarde environnementale veillera à l’intégration et à la gestion des aspects environnementaux dans la planification et l’exécution des activités du projet, et lors de sa mise en œuvre. Pour ces tâches, le (la) Spécialiste en Sauvegarde Environnementale et le (la) Spécialiste en Sauvegarde sociale, développement social et genre, sont appelés à travailler conjointement pour la planification, la coordination des activités et le suivi de la préparation et la mise en œuvre des documents de sauvegarde du projet PDACG2 conformément aux conditions de l’Accord de financement et du Plan d’Engagement Environnemental et Social, pour une prise en compte harmonisée des mesures de sauvegardes environnementales et sociales.
Le (la) Spécialiste en Sauvegarde environnementale recruté(e) dans le cadre de ces termes de référence travaillera en étroite collaboration avec le(la) Spécialiste en Sauvegarde sociale, développement social et genre et rendra compte directement au coordinateur du projet. Le (la) Spécialiste interagira également avec les équipes de la Banque mondiale Responsabilités générales
Placé(e) sous la supervision directe du (de la) Coordinateur du projet, le (la) Spécialiste en Sauvegarde Environnementale du projet est chargé(e) de :
Le (la) spécialiste aura pour missions de :
5.1 Formations et expériences
Le (la) Spécialiste à recruter doit :
Le (la) Spécialiste en Sauvegarde Environnementale à recruter doit :
L’administration remettra au (à la) Spécialiste en Sauvegarde environnementale l’ensemble des documents, dossiers et outils appropriés et nécessaires à l’exécution de sa mission. Elle mettra également à la disposition dudit spécialiste, les équipements et logiciels nécessaires pour accomplir sa mission.
Le contrat aura une durée initiale d’un (1) an renouvelable pendant une période maximale égale à la durée du projet et sous-réserve de l’évaluation annuelle satisfaisante des performances. Il est assorti d’une période d’essai de six (6) mois.
Le poste est basé à Conakry et au sein du Ministère de l’Agriculture avec des déplacements fréquents dans les zones d’intervention du projet en Guinée.
Le consultant sera sélectionné suivant la méthode de Sélection de Consultant Individuel (SCI) en application des dispositions du Règlement de passation des marchés de la Banque mondiale en vigueur (Edition Septembre 2025) et plus précisément de la clause 7.36 « Sélection de Consultants Individuels par mise en concurrence ouverte ».
Au siège de l’Unité de Coordination du Projet d’Harmonisation et d’Amélioration des Statistiques en Afrique de l’Ouest et du Centre (PHASAOC) Guinée à Dixinn, immeuble Kalinko, 1e étage, Cité ministérielle, Commune de Dixinn, au bureau du spécialiste en Passation de marchés. Les dossiers de candidature devront comprendre :
La date et heure limite de réception des dossiers est le vendredi 31 juillet 2026 à 10h00.
Pour le dépôt de candidature en ligne et demande d’éclaircissement :
N.B :
Seuls des candidats présélectionnés seront contactés pour la phase des entrevues. Pour les soumissions en ligne, prière d’indiquer en objet, le poste pour lequel vous manifestez votre intérêt.
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