{"rows":20,"os":"0","page":"1","total":"883","procnotices":[{"id":"OP00468630","notice_type":"Request for Expression of Interest","noticedate":"14-Sep-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-10-05T00:00:00Z","submission_deadline_time":"15:00","project_ctry_name":"Lebanon","project_id":"P181155","project_name":"Fiscal Management Project","bid_reference_no":"LB-MOF-568525-CS-QCBS","bid_description":"Consulting firm for IFMIS implementation support: business process reengineering, requirements definition, procurement preparation and implementation oversight","procurement_group":"CS","procurement_method_code":"QCBS","procurement_method_name":"Quality And Cost-Based Selection","contact_address":"Riad el Solh Square, Beirut, Lebanon\ninfocenter@finance.gov.lb","contact_ctry_name":"Lebanon","contact_email":"amers@finance.gov.lb","contact_name":"Amer Syagha","contact_organization":"Ministry of Finance","contact_phone_no":"+9611956000 Ext 1121","submission_date":"2026-09-14T00:00:00Z","notice_text":"

LEBANESE REPUBLIC

MINISTRY OF FINANCE

Lebanon Fiscal Management Project - Project Coordination Unit

REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTING SERVICES - FIRMS SELECTION)

Country

Lebanese Republic

Project

Lebanon Fiscal Management Project (FMP) (P181155)

Loan No.

IBRD-96440

Assignment Title

Consulting Firm for IFMIS Implementation Support

Reference No. (as per Procurement Plan)

LB-MOF-568525-CS-QCBS

Market Approach

Open - International

Deadline for Submission of Expressions of Interest

5 October 2026 at 15:00, Beirut local time

 

  1. Financing

The Lebanese Republic has received financing from the International Bank for Reconstruction and Development (IBRD) toward the cost of the Lebanon Fiscal Management Project (FMP), and intends to apply part of the proceeds of this financing to eligible payments under the contract for the consulting services described below.

The consulting services (“the Services”) will be provided to the Ministry of Finance of the Lebanese Republic (“the Client”), which is the implementing agency for the Project.

  1. Objective and scope of the Services

The objective of the assignment is to support the Ministry of Finance (MoF) in the successful preparation, procurement, implementation, and institutionalization of a fit-for-purpose Integrated Financial Management Information System (IFMIS) that strengthens public financial management, improves fiscal transparency and accountability, and supports the Government of Lebanon’s reform agenda.

The selected consulting firm will serve as an independent technical advisor and implementation oversight consultant. The Firm will not be responsible for supplying, configuring, implementing, or deploying the IFMIS solution, which will be procured separately through a competitive process.

The Services will include, inter alia:

Cross-cutting activities will include change management, enterprise risk management, cybersecurity and data protection, capacity building, and knowledge transfer throughout the assignment.

  1. Duration, place of performance, and contract type

The assignment will comprise two components:

The Services are expected to be performed through a combination of in-country engagements at the Ministry of Finance in Beirut, Lebanon, and remote inputs, as appropriate to the nature and requirements of each phase. The required level and timing of expert mobilization, particularly during Phase F, will be agreed with and authorized by the MoF.

The contract will therefore comprise a Lump-Sum component for Phases A–E and a Time-Based component for Phase F.

  1. Terms of Reference

The detailed Terms of Reference for the assignment is attached to this Request for Expressions of Interest. It may also be obtained at the address given in paragraph 10 below, or requested by email.

  1. Invitation

The Ministry of Finance now invites eligible consulting firms (“Consultants”) to indicate their interest in providing the Services. Interested Consulting firms should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services.

Expressions of interest shall be structured so as to address each of the shortlisting criteria set out in paragraph 6 below, in the order in which they appear. Submissions that do not address these criteria may not be considered.

  1. Shortlisting criteria

The consultant will be shortlisted on the basis of the following criteria. Only the qualifications and experience of the firm - and, where an association is proposed, of its joint venture partners - will be assessed at this stage.

  1. Core business and proven corporate experience in IFMIS advisory, public financial management reform, IFMIS procurement support, implementation oversight, or closely related public-sector digital transformation assignments.
  2. Demonstrated experience in IFMIS advisory, procurement preparation, and/or implementation support in at least three countries during the last ten (10) years.
  3. Demonstrated experience in business process reengineering and definition of functional and technical requirements for large-scale public financial management information systems, including preparation of FRS/SRS, data migration requirements, and system integration specifications.
  4. Experience preparing procurement strategies and RFP packages for complex COTS-based government information systems, and providing technical advisory support during evaluation, contract negotiations, implementation oversight, testing, go-live and stabilization.
  5. Proven experience working in fragile, conflict-affected or post-crisis environments. Experience in the Middle East and North Africa (MENA) region and experience under World Bank-financed or other multilateral development bank-financed projects will be considered an advantage.
  6. Demonstrated managerial and organizational capacity to mobilize and coordinate a multidisciplinary team covering IFMIS, PFM, business process reengineering, budget classification/chart of accounts, treasury/TSA, legal reform, ICT procurement, data migration, change management and independent quality assurance.

Key Experts will not be evaluated at the shortlisting stage.

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”, Seventh Edition, September 2025 (“the Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest. The Procurement Regulations are available on the World Bank’s website at www.worldbank.org/procurement.

  1. Associations

Consultants may associate with other firms to enhance their qualifications, but shall indicate clearly whether the association takes the form of a joint venture or of a sub-consultancy. In the case of a joint venture, all partners shall be jointly and severally liable for the entire contract if selected.

  1. Selection method and shortlist

A Consultant will be selected in accordance with the Quality- and Cost-Based Selection (QCBS) method set out in the Procurement Regulations.

The shortlist will contain not fewer than five (5) and not more than eight (8) firms. Only shortlisted Consultants will be invited to submit proposals, and will be notified in writing.

  1. Submission of expressions of interest

Expressions of interest must be delivered in written form, in English, to the address given in paragraph 12 below (in person, by mail, or by e-mail) no later than 5 October 2026 at 15:00 hours, Beirut local time.

  1. Address for information and submission

Further information may be obtained at the address below during office hours, 08:00 to 16:00 hours Beirut local time, Monday to Friday:

Amer Syagha / Procurement Specialist

Project Coordination Unit - Lebanon Fiscal Management Project

Ministry of Finance - The Republic of Lebanon

Riad El Solh

Beirut, Lebanon

Telephone: +961-1-956000 Ext 1121

E-mail: amers@finance.gov.lb

Website: www.finance.gov.lb

 

"},{"id":"OP00467989","notice_type":"Request for Expression of Interest","noticedate":"13-Sep-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-10-04T00:00:00Z","submission_deadline_time":"14:30","project_ctry_name":"Bangladesh","project_id":"P176549","project_name":"Accelerating Transport and Trade Connectivity in Eastern South Asia – Bangladesh Phase 1 Project","bid_reference_no":"BRWTP-S20","bid_description":"Management & Supervision Consultancy (MSC) Services for Remaining Works of Terminals & Landing Stations","procurement_group":"CS","procurement_method_code":"QCBS","procurement_method_name":"Quality And Cost-Based Selection","contact_address":"BSC (Bangladesh Shipping Corporation) Tower\n\n19th Floor, 2 - 3, RAJUK Avenue, Motijheel C/A","contact_ctry_name":"Bangladesh","contact_email":"pd.brwtp1@gmail.com","contact_name":"Col. Md. Ferdous Ahmed, psc.","contact_organization":"Bangladesh Inland Water Transport Authority","contact_phone_no":"+8801863731311","contact_web_url":"https://www.biwta.gov.bd","submission_date":"2026-09-13T00:00:00Z","notice_text":"

BANGLADESH INLAND WATER TRANSPORT AUTHORITY (BIWTA)

Office of the Project Director

Bangladesh Regional Waterway Transport Project-1 (BRWTP-1)

BSC Tower (Level- 19 & 21) 2-3 Rajuk Avenue

Dhaka-1000, Bangladesh

 

Memo 18.11.0000.181.14.624.26.1291    Date: September 13, 2026

 

Request for Expressions of Interest

(Market Approach: Open-International)

 

Country                                :  Bangladesh

Name of the Project          : Bangladesh Regional Waterway Transport Project-1 (BRWTP-1)

Financed through              : Accelerating Transport and Trade Connectivity in Eastern South Asia (ACCESS) –    Bangladesh Phase 1 Project (P176549):

Credit No.                            : IDA Credit No. 7166-BD

Assignment Title                : Management & Supervision Consultancy (MSC) Services for the Remaining Works of Terminals and Landing Stations

Reference No.                      :  Package No. BRWTP-S20

 

  1. The Government of the People's Republic of Bangladesh (GoB) has received financing from the International Development Association (IDA) toward the cost of the ACCESS – Bangladesh Phase 1 Project, under which the remaining activities of the Bangladesh Regional Waterway Transport Project-1 (BRWTP-1) are being implemented by the Project Implementation Unit (PIU) of Bangladesh Inland Water Transport Authority (BIWTA) under the Ministry of Shipping, and intends to apply part of the proceeds for consulting services.
  2. The consulting services (“Services”) involve the engagement of a single Consultant to take over and complete the supervision, as Project Manager, of six remaining works contracts at sixteen sites: Pangaon Cargo Terminal, Narayanganj and Chandpur Passenger Terminals, and thirteen landing stations/launch ghats (estimated works value Tk 36,275.86 Lac). The Services cover construction supervision, contract administration, quality assurance, and environmental, social, health, and safety supervision. The Services will last 18 months, are expected to commence in January 2027, and will not extend beyond 30 June 2028.
  3. BIWTA now invites eligible consulting firms (“Consultants”) to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating the required qualifications and relevant experience. The shortlisting criteria are: (a) General experience of the firm (core business and years in business) in the construction supervision of civil engineering works; (b) relevant experience in supervising works of similar nature, size and complexity (waterway terminals, ports, jetties, landing stations or comparable marine infrastructure) as Engineer/Project Manager under FIDIC or comparable conditions, including environmental and social supervision, preferably in Bangladesh or comparable riverine conditions on development partner-financed assignments; and (c) technical and managerial capability of the firm. Assignments cited may be supported by client-issued evidence. Key Experts will not be evaluated at the shortlisting stage; detailed CVs should not be submitted.                                           Consultants are requested to submit, at a minimum, the following supporting documents as evidence of compliance with the above-mentioned criteria:

4. 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 (Fourth Edition, November 2020) (“Procurement Regulations”), setting forth the World Bank's policy on conflict of interest. Contractors executing any of the works to be supervised, and their affiliates, are not eligible.

5. Consultants may associate with other firms in the form of a joint venture or a sub-consultancy to enhance their qualifications, and should indicate clearly the form of association. In a joint venture, all partners shall be jointly and severally liable for the entire contract, if selected. In the case of an association, the consultants must explain in their EOI submission: (a) the rationale for forming the association; and (b) the anticipated role and relevant qualifications of each joint venture member in carrying out the assignment, thereby justifying the proposed inclusion of each member in the association. Failure to provide this explanation in the Expression of Interest may result in the association not being shortlisted for the assignment.

6. A Consultant will be selected in accordance with the Quality- and Cost-Based Selection (QCBS) method set out in the Procurement Regulations. A shortlist of five (5) to eight (8) firms will be prepared.

7. The Terms of Reference (TOR) may be downloaded free of charge from the Tender/Notice section of the BIWTA website www.biwta.gov.bd and are also available for inspection at the Office of the Project Director during office hours, i.e. 09:00 to 16:00 hours (local time, GMT+6), from Sunday to Thursday except public holidays. Further information is available at the address below during office hours.

8. Expressions of Interest (EOI) in English must be delivered to the address below in a sealed envelope containing three (3) sets (one (1) original and two (2) copies) with a soft copy (PDF) on CD/DVD/USB flash drive, or by e-mail in PDF to pd.brwtp1@gmail.com, by 4 October 2026 at 14:30 hours local time (BST/GMT+6:00). In case of discrepancy, the original hard copy will prevail.

9. BIWTA reserves the right to accept or reject any or all EOIs, or to cancel the selection process at any stage in accordance with the Procurement Regulations, without incurring any liability to the affected applicant(s).

 

 

 

Col. Md. Ferdous Ahmed, psc

Project Director 

Bangladesh Regional Waterway Transport Project-1 (BRWTP-1)

Bangladesh Inland Water Transport Authority (BIWTA)

BSC (Bangladesh Shipping Corporation) Tower

19th Floor, 2 - 3, RAJUK Avenue, Motijheel C/A

Dhaka 1000, Bangladesh. 

Telephone: +880 2 41050564

E-mail: pd.brwtp1@gmail.com

 

"},{"id":"OP00463556","notice_type":"General Procurement Notice","noticedate":"27-Aug-2026","notice_lang_name":"English","notice_status":"Published","project_ctry_name":"Ghana","project_id":"P514793","project_name":"Secondary Education Transformation for Access, Relevance, and Results for Jobs","contact_address":"Ministry of Education\nAccra\nGhana","contact_ctry_name":"Ghana","contact_email":"aminimat@yahoo.com","contact_name":"Aminu Sulemana","contact_organization":"MINISTRY OF EDUCATION -STAR-J","contact_phone_no":"0243241737","submission_date":"2026-08-27T00:00:00Z","notice_text":"

MINISTRY OF EDUCATION

 

GENERAL PROCUREMENT NOTICE

COUNTRY                  : GHANA

NAME OF PROJECT:  SECONDARY EDUCATION TRANSFORMATION FOR ACCESS,   RELEVANCE AND RESULTS FOR JOBS (STARR-J)

 

SECTOR                      : EDUCATION

Credit No                      : IDA - 80670

Project ID No.              : P514793

The Government of Ghana has received a loan of USD 300 million from the World Bank toward the cost of financing the SECONDARY EDUCATION TRANSFORMATION FOR ACCESS, RELEVANCE AND RESULTS FOR JOBS PROJECT to expand access to, and improve the quality and relevance of secondary education in Ghana. The project activities are organized under three interrelated components: Component 1 expands and rehabilitates physical infrastructure to eliminate the double-track system and extend equitable access; Component 2 strengthens teaching quality, TVET relevance, and the availability of learning resources to improve outcomes and labor market alignment; and Component 3 builds the data systems, school leadership capacity, and accountability mechanisms that consolidate access gains and embed quality improvements in system behaviour - ensuring that the project's investments are sustained beyond the project period. 

Key procurement activities per Component are shown below:

S/No.

Activity Description

Component 1: Increase equitable access to Secondary Education

1

Construction of 10 new Senior High Schools (SHS) and Technical and Vocational Institutions (TVI)

2

Upgrade of 50 SHS/TVIs

3

Rehabilitation of 150 SHS/TVIs

4

Procurement of Furniture for SHS and TVIs

5

Procurement of Science Laboratory / Workshop Equipment and Consumables for SHS and TVIs

6

Consultancy Services for Works

Component 2: Improve the quality and relevance of programs in SHS/TVIs

7

Procurement of Textbooks for SHS/TVIs

8

Digitization of Textbooks and other Learning Materials for upload to I-Box/Digital Tools

Component 3: Strengthen systems, communications, and evidence-based decision-making

9

Procurement of Consultancy Services (Firms and Individuals)

10

Strengthening of Data Systems (EMIS upgrade, operation, maintenance, and integration with school mapping)

Procurement under the project will be carried out in accordance with the World Bank "Procurement Regulations for IPF Borrowers" (Procurement Regulations), 7th Edition, dated September 2025, and the "Guidelines on Preventing and Combating Fraud and Corruption in Projects financed by IBRD Loans and IDA Credits and Grants", dated July 1, 2016, as well as other provisions stipulated in the Financing Agreement and is open to all eligible firms and individuals as defined in the Procurement Regulations. After project negotiations, the World Bank shall arrange the publication on its external website of the agreed initial procurement plan and all subsequent updates once it has provided no objection.

Specific procurement notices on contracts for bidding under the World Bank’s Competitive Bidding procedures as they become available on the World Bank external website; Public Procurement Authority Website; and publication in the National Newspapers of wide circulation.  

Interested eligible firms and individuals who would wish to be considered for the provision of goods, works, non-consulting services and consulting services for the above-mentioned project, or those requiring additional information, should contact the Borrower at the address below:

THE CHIEF DIRECTOR

MINISTRY OF EDUCATION

P. O. BOX M45, MINISTRIES

ACCRA, GHANA

 

ATTN: PROJECT COORDINATOR

 

Email:  procurement@moe.gov.gh,

cc moeprocurementunit@gmail.com

 

"},{"id":"OP00459459","notice_type":"Request for Expression of Interest","noticedate":"19-Aug-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-08-28T00:00:00Z","submission_deadline_time":"17:00","project_ctry_name":"Marshall Islands","project_id":"P181250","project_name":"Renewable Energy Generation and Access Increase Project","bid_reference_no":"MH-MEC-563965-CS-CQS","bid_description":"Preparation of an Energy Sector Investment Program for the Marshall Islands","procurement_group":"CS","procurement_method_code":"CQS","procurement_method_name":"Consultant Qualification Selection","contact_address":"P.O. Box 1439\nMajuro, Marshall Is.\nMH 96960","contact_ctry_name":"Marshall Islands","contact_email":"jack.chonggum@mecrmi.net","contact_name":"Jack Chong-Gum","contact_organization":"Marshalls Energy Company","contact_phone_no":"(692)625 3828","contact_web_url":"meccorp@ntamar.net","submission_date":"2026-08-19T00:00:00Z","notice_text":"

Renewable Energy Generation and Access INcrease Project (REGAIN)

(P181250)
Marshall Islands

REQUEST FOR EXPRESSIONS

OF INTEREST
Consulting Services

For

Preparation of an Energy Sector
Investment Program (ESIP) for

the Marshall Islands

Grant No.: E331-MH
REGAIN Project
Reference No. MH-MEC-564965

July 31, 2026

The Government of the Republic of the Marshall Islands (GRMI) has received financing from the International
Development Association (IDA) (the “Bank”) in the form of a grant (hereinafter called “the Grant”), in the
amount of US$60 million, toward the cost of the Renewable Energy Generation and Access Increase (REGAIN)
Project (P181250), approved and effective as of December 13, 2024, with a closing date of September 30, 2030.
The Marshalls Energy Company (MEC), as Employer and implementing agency, intends to apply a portion of
the proceeds of the Grant to eligible payments under a contract for consulting services for the preparation of an
Energy Sector Investment Program (ESIP), under Sub-Component 3.1 (Sector Development Assistance) of the
REGAIN Project. The ESIP shall be prepared in close coordination with the newly established National Energy
Authority (NEA) and shall cover Majuro, Ebeye and the outer island systems.
The consulting services (“the Services”) comprise the preparation of a prioritized, costed, and financeable
Energy Sector Investment Programme (ESIP) for the Marshall Islands, aligned with the Government's existing
Energy Strategy and Integrated Resource and Resilience Plan (IRRP). The Services include, among others:
• Targeted sector diagnostics and strategic review;
• Review and update of the least-cost development pathway, including preparation of an updated and
integrated IRRP covering Majuro, Ebeye, and Outer Islands;
• Preparation and update of the energy sector investment pipeline;
• Renewable energy and storage target refinement;
• Preparation of a financing strategy;
• Preparation of a policy reform and enabling actions roadmap;
• Preparation of an e-mobility investment and strategic framework;
• Design of the ESIP monitoring and implementation framework;
• Stakeholder engagement, consultations and results validation; and
• Outer-island mini-grid (and, where suitable, mesh-grid) concept design.
The assignment is structured as a lump-sum contract with an estimated duration of 12 months, with an expected
start date in September 2026. The selected firm will nominate a multidisciplinary team, including the Key
Experts described below, and will report to MEC, coordinating closely with NEA, the World Bank, ADB and
other relevant stakeholders.
The Terms of Reference (TOR) for the assignment are attached to this Request for Expressions of Interest.
MEC 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.
The shortlisting criteria are:
Mandatory requirements
a) Firm Experience:
1. At least 10 years of experience in energy sector planning, energy investment planning, integrated
resource planning, sector development strategies, or related advisory services.

2. Successful completion of at least two similar assignments during the last ten years involving energy
sector investment programs, integrated resource planning, utility master planning, energy transition
roadmaps, or comparable strategic energy planning studies.
3. Demonstrated experience working in developing countries, Small Island Developing States (SIDS), or
geographically dispersed island power systems.
4. Technical and managerial capacity to undertake multidisciplinary energy sector assignments.
The Consultant shall demonstrate availability of qualified experts in energy sector planning, power system
planning, finance, policy and stakeholder engagement. Key Experts will not be evaluated at the shortlisting
stage.
Discretionary requirements
1. The Firm’s ability to satisfy many or all of the following points are also considered relevant to a
successful application
o Proven ability to work effectively and sensitively in multi-cultural environments and build
effective business relationships with clients and colleagues.
o Experience of undertaking projects in a small developing state or a small island state or
municipality.

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 2025 (“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 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 Selection based on Consultant’s Qualifications (CQS)
method set out in the World Bank Regulations for IPF-Borrowers September 2025
Further information can be obtained at the address below during office hours. 0900 to 1700 hours.

MEC:
Attn: Steve Wakefield
PO Box 1439
Majuro MH 96960
Republic of the Marshall Islands
Tel: 692-625-3827/3829
E-mail: swakefield@mecrmi.com
Copy: Jack Chong-Gum, jack.chonggum@mecrmi.net
EOI Submission Requirements:
Expressions of Interest should include the following information:
1. Firm profile
Expressions of Interest EOI must be delivered in a written form to the address below August 28th, 2026.

2. Organizational Capacity
3. Relevant assignments (maximum 10 projects) preferably including energy sector planning or similar
assignments in developing countries or small island states.
4. Confirmation of mandatory requirements
5. Company registration documents
Page Limit: Maximum 15 pages excluding registration documents.

Yours sincerely,

Jack Chong-Gum
CEO
Marshalls Energy Company
P O Box 1439, Majuro MH 96960
jack.chonggum@mecrmi.net

Republic of the Marshall Islands
Marshalls Energy Company (MEC)
Terms of Reference (TOR)

Preparation of an Energy Sector Investment Program for the Marshall Islands – REGAIN

Project

Project ID: P181250
Assignment Type: International Firm (Lump sum Contract)
Duration: 12 Months
Location: Remote with Periodic Missions to Majuro
1. Background
The Republic of the Marshall Islands (RMI) is one of the world's smallest and most isolated nations. The country
consists of 29 atolls and 5 low coral islands situated on about 181 square kilometres (km2) of land mass in the
Pacific Ocean. Majuro (the nation's capital) and Ebeye, the country's two largest urban centres, account for about
96 percent of total population while the remaining inhabit outer atolls. The Government of the Republic of
Marshall Islands, (GRMI) and MEC require assistance to increase the amount of renewable energy generation
and BESS in the selected islands to increase access to electricity and to reduce dependence on hydrocarbon fuels
for their remote populations.
MEC, the state-owned energy utility, generates and provides electricity to Majuro Atoll, serving 55 percent of
RMI's population. MEC also manages three mini grids in Jaluit, Wotje, Rongrong (Majuro Atoll) and Kili Island,
the latter having been recently transferred to MEC from the Kili Bikini Ejit Local Government. The Government
has partnered with the World Bank through the Renewable Energy Generation and Access Increase Project
(REGAIN) – an IDA grant of US$60 million approved and effective as of December 13, 2024, with a closing
date of September 30, 2030. The REGAIN project aims to increase renewable energy generation and improve
electricity access while reducing reliance on diesel-based generation.
RMI’s Electricity Roadmap targets an objective of net zero greenhouse gas emissions and the achievement of
100% renewable electricity in the power generation mix by 2050. As a small and geographically dispersed island
nation, RMI remains highly dependent on imported diesel for electricity generation, which exposes the country
to high energy costs and vulnerability to global fuel price shocks. At the same time, growing electricity demand,
the need to improve the reliability of aging infrastructure, and the expansion of services across outer islands

require significant levels of investment in modern, resilient energy systems. Ensuring a reliable, clean, and cost-
effective electricity supply is therefore critical to achieving national climate commitments, strengthening energy

security, and supporting sustainable socio-economic development.
Under Sub-Component 3.1 of the REGAIN project (Sector Development Assistance), MEC plans to undertake a
study to prepare the country’s Energy Sector Investment Program (ESIP). The ESIP shall propose and define a
set of detailed, prioritized energy investments to safely and reliably increase renewable energy penetration in
Majuro and Ebeye grids, as well as other outer islands. The ESIP shall be prepared in close coordination with the

newly established National Energy Authority (NEA), and shall cover the national footprint of RMI, including
Majuro, Ebeye and the outer island systems.
The ESIP shall take into account the full range of relevant existing studies, including but not limited to:
• The Integrated Resource and Resilience Plan 2024-2034, which already sets out a high-level power system
assessment and identifies a set of proposed investments in Majuro.
• SEDeP and REGAIN projects, including existing and new solar PV and Battery Energy Storage Systems
(BESS) capacity to be deployed.
• Relevant energy sector programs and studies of other development partners active in the RMI, in particular
the Asian Development Bank (ADB), such as the Energy Transition Project, to be considered to ensure
coordination and avoid duplication of efforts.
• RMI Electricity Roadmaps and national targets.
2. Objectives
The objective of this assignment is to prepare a prioritized, costed, and financeable Energy Sector Investment
Programme (ESIP) which is aligned with the existing Energy Strategy and Integrated Resource and Resilience
Plan (IRRP). The ESIP will build upon existing planning and strategy documents and will focus on updating,
operationalizing, and translating these into an actionable investment and implementation framework.
The ESIP should include:
• The identification of investment priorities, including both generation and power grids.
• Descriptions of viable approaches to financing the identified needed investments.
• The enabling actions, including policy options to support the investment program.
• The necessary implementation arrangements required to support delivery of national energy sector
objectives.
3. Project Description
The proposed ESIP project will support the development of a prioritized, costed, and implementable investment
program for the Marshall Islands’ energy sector, aligned with the Government’s existing Energy Strategy and
considering the Integrated Resource and Resilience Plan (IRRP) for Majuro (prepared in 2024). Building on these
existing strategic and planning instruments, as well as an updated IRRP1

covering Majuro, Ebeye and the outer
island systems, the ESIP will translate national energy objectives into an actionable pipeline of investments and

enabling measures required to support sector development, energy security, resilience, decarbonization, and long-
term sustainability. The project will consolidate and update existing and official sector analyses and investment

priorities, while identifying financing approaches, implementation arrangements, and policy actions necessary to
facilitate delivery of priority investments.
The ESIP will include targeted sector diagnostics, a review and validation of the existing least-cost development
pathway, refinement of renewable energy and storage deployment trajectories, and the preparation of an updated
1 The updated IRRP Will be prepared as part of the present technical assistance and will include updating the existing (2024) IRRP for
Majuro and expanding the geographical coverage of the IRRP to also include Ebeye and the outer island systems.

energy sector investment pipeline. The project will also assess investment requirements associated with emerging
priorities such as grid modernization, resilience, storage integration, and e-mobility development. In parallel, the
ESIP will develop an overall financing strategy identifying potential public, private, concessional, and climate
finance sources, together with a policy reform and enabling actions roadmap aimed at addressing barriers to
implementation and investment mobilization.
The project will further establish an implementation and monitoring framework to support effective delivery and
tracking of the ESIP over time. Stakeholder engagement and consultation will be undertaken within the
assignment to ensure alignment across government institutions, utilities, development partners, and other relevant
stakeholders.
The resulting ESIP will provide a practical action plan for sequencing and financing priority energy sector
investments and will serve as a key tool for guiding government decision-making, coordinating development
partner support, and mobilizing investment into the sector.
4. Implementation Arrangements
MEC will be the Client and Employer under this assignment responsible for approving deliverables and payments.
NEA, as the national regulatory body for renewable energy in the Marshall Islands, will act as the principal
regulatory interface between MEC and the Consultant. For deliverables with regulatory or renewable energy
policy implications, the Consultant shall obtain NEA's endorsement prior to MEC's final approval. The Consultant
shall work under the direction of MEC and coordinate closely with:
• MEC management and technical staff.
• REGAIN Project Management Services consultant, as applicable.
• Project Implementation Unit within MEC.
• National Energy Authority (NEA), the national regulatory body for renewable energy, serving as the
regulatory interface between MEC and the Consultant.
• World Bank on matters requiring no-objection, reporting, or implementation support.
• ADB and other development partners active in RMI's energy sector, as relevant.
5. Scope of Services
Task 1. Targeted sector diagnostics and strategic review
The Consultant will undertake a focused review of the energy sector to validate key assumptions, identify material
developments since preparation of the IRRP and Energy Strategy, and assess investment-relevant constraints and
opportunities. This is a diagnostic update, as opposed to a full sector assessment.
Specifically, the Consultant will:
(i) Review of existing sector policies, strategies, and plans.
(ii) Review of recent sector developments and pipeline projects.
(iii)Assessment of institutional, financial, and implementation constraints.
(iv)Review of utility performance and sector financing context.
(v) Identification of critical sector gaps affecting investment delivery.

(vi)Validation of key demand, technology, and resilience assumptions relevant to the ESIP.
Task 2. Review and update of the least-cost development pathway.
The Consultant will review the existing least-cost development pathway established under the existing IRRP
(2024) for Majuro and undertake targeted updates where necessary to ensure continued relevance for investment
planning purposes. The Consultant will also expand the geographic focus, to also cover Ebeye and Outer Islands,
incorporating the results the existing IRRP update and the analyses of the Ebeye and Outer Islands into a single
and integrated IRRP covering the entire geographic extent of the Marshall Islands (i.e., Majuro, Ebeye, and Outer
Islands).
The key steps to be implemented include:
(i) The review of the underlying assumptions (especially the demand forecast, and renewable potential) used
in the existing IRRP for Majuro. Preparation of underlying assumptions to be used in the expanded and
integrated IRRP, covering Majuro, Ebeye and Outer Islands.
(ii) Assessment of prevailing conditions, and any material changes, affecting the least-cost pathway,
including:
a. Demand projections.
b. Fuel prices.
c. Technology potential and costs.
d. Resilience considerations.
e. Renewable integration requirements, including storage deployment needs.
f. Policy or regulatory developments.
(iii)Realization of high-level modelling and analytical updates, as required.
(iv)Confirmation of priority development trajectories for generation, storage, transmission, and distribution
investments in the Marshall Islands (covering Majuro, Ebeye, and Outer Islands).
(v) Preparation of the integrated and updated Marshall Islands IRRP document.
Task 3. Preparation and update of the energy sector investment pipeline
The Consultant shall develop a consolidated, prioritized, and sequenced pipeline of energy sector investments.
The Consultant will undertake the following:
(i) Consolidation of existing project pipelines and studies.
(ii) Update of investment requirements identified in the updated IRRP prepared under Task 2 and covering
the full geographic extent of the Marshall Islands, and related studies.
(iii)Identification of additional investment needs where gaps are identified.
(iv)Categorization of investments by subsector and implementation timeframe.
(v) Preliminary costing and sequencing of investments.
(vi)Identification of priority and near-term investments.
(vii) Development of an implementation-oriented investment pipeline, including both generation and
power grid infrastructure.

It is suggested that the following investment categories be used to group investments by type: renewable energy;
storage; transmission; distribution; resilience investments; grid modernization; energy Access; energy efficiency;
and e-mobility infrastructure.

Task 4. Renewable energy and storage target refinement
This phase is designed to support the operationalization of national renewable energy and storage ambitions
within the ESIP framework.
The Consultant shall undertake the following:
(i) Review of existing renewable energy and storage targets.
(ii) Assessment of the degree of consistency between targets, investment requirements, and implementation
capacity.
(iii)Refinement of indicative deployment trajectories where required.
(iv)Identification of enabling investments needed to support achievement of targets.
(v) Assessment of the implications for grid infrastructure and flexibility requirements.
It is important to note that the ESIP supports refinement and operationalization of existing targets rather than
formulation of entirely new national policy targets unless specifically directed.
Task 5. Preparation of the financing strategy
Under this phase, a comprehensive financing approach for implementation of the ESIP will be developed.
The Consultant will undertake the following:
(i) Estimation of financing requirements by subsector and timeframe.
(ii) Assessment of the public and private financing opportunities.
(iii)Identification of potential development partner and climate finance sources.
(iv)Assessment of opportunities for private sector participation and PPP models.
(v) Identification of financing gaps and constraints.
(vi)Development of recommendations for investment mobilization and project preparation.
The Consultant is expected to consider possible financing from the Marshall Islands’ public Budget; IFIs and
MDBs; climate finance; green finance instruments; IPPs/PPP structures; and commercial finance sources.
Task 6. Preparation of the policy reform and enabling actions roadmap
The aim of this phase is to identify priority policy, regulatory, institutional, and implementation measures required
to support delivery of the ESIP in practice in the Marshall Islands.
The Consultant will undertake the following activities:
(i) Identification of barriers affecting implementation of priority investments.
(ii) Review of the investment-related policy and regulatory gaps.
(iii)Assessment of permitting, procurement, and institutional coordination challenges.
(iv)Identification of utility and institutional capacity needs.
(v) Development of a phased roadmap of enabling actions and reforms.
Task 7. Preparation of the E-Mobility investment and strategic framework
This phase involves the assessment of implications of e-mobility development for the energy sector of the
Marshall Islands and identifies the associated investment and implementation requirements.

The Consultant will undertake the following:
(i) Review of the existing transport and e-mobility policies and initiatives.
(ii) Assessment of the expected electricity demand implications of e-mobility uptake.
(iii)Identification of charging infrastructure investment requirements.
(iv)Assessment of the main grid and distribution system implications.
(v) Identification of priority implementation actions and enabling measures.
(vi)Development of a high-level e-mobility framework aligned with the ESIP.
It is important to note that this framework is a targeted strategic and investment assessment linked specifically to
the Marshall Islands’ energy sector, not a standalone national transport strategy.
Task 8. Design of the ESIP monitoring and implementation framework
This phase comprises the development of a framework for monitoring implementation progress and investment
delivery.
The Consultant will undertake the following activities:
(i) Definition of the implementation monitoring indicators.
(ii) Development of reporting and governance arrangements.
(iii)Identification of institutional responsibilities.
(iv)Establishment of investment tracking mechanisms.
(v) Development of implementation milestones and review mechanisms.
(vi)Preparation of proposals on periodic ESIP update procedures.
It is anticipated that the monitoring and implementation framework will focus on the following key areas (and
others, as appropriate): investment delivery; financing mobilization; renewable deployment; grid expansion;
storage integration; e-mobility rollout; and resilience implementation.
Task 9. Stakeholder engagement, consultations and results validation
The Consultant will consult with and validate key assumptions and contents of the prepared ESIP with key
stakeholders, as appropriate, and to ensure alignment, ownership, and validation of the ESIP.
The Consultant will undertake the following activities:
(i) Planning and moderation of a stakeholder workshop to present the overall project outputs.
(ii) Realization of technical consultations as required, and consultations with MEC and the Marshall Islands
government.
(iii)Validation of prioritization and financing assumptions
Task 10. Outer-island mini-grid concept design

This phase responds to the need to improve electricity supply on selected outer islands by developing concept-
level designs for island mini-grids (and, where technically suitable, mesh-grid configurations). The concept

designs will inform and feed directly into the integrated IRRP (Task 2) and the energy sector investment pipeline
(Task 3).
The Consultant will undertake the following activities:

(i) Screening and prioritization of outer islands for mini-grid / mesh-grid intervention, based on
agreed technical, demand, and socio-economic criteria.

(ii) Assessment of existing electricity supply, demand profiles, and renewable resource potential (in
particular solar and storage) for the selected islands.
(iii)Development of concept-level system configurations, including indicative generation, storage, and
distribution sizing, and consideration of mini-grid versus mesh-grid architectures.
(iv)Preliminary technical design and equipment specifications sufficient to support investment
costing.
(v) Indicative capital and operating cost estimates and implementation sequencing for each prioritized
island.
(vi)Integration of the resulting concept designs and associated investment needs into the integrated
IRRP and the ESIP investment pipeline.

It is important to note that this task provides concept-level design to inform investment prioritization and costing,
and does not extend to detailed engineering design or tender-ready documentation, which would be undertaken
under subsequent project preparation.
6. Qualifications, Tasks, and Level of Effort of Specified Key Experts
The Consultant shall propose a team adequate for the assignment. In its proposal, the Consultant shall specify:
• Each proposed key personnel position;
• The name of the proposed expert, where available;
• Role and responsibilities;
• Minimum and actual qualifications and detailed relevant experience;
• Whether the input is international or national / local;
• Whether the input is home office or field-based;
• Estimated level of effort in person-days or person-months; and
• Anticipated timing of deployment and deployment location(s).
At a minimum, the Consultant is expected to consider inclusion of expertise and an indicative level of effort and
split of on-site and remote deployment, as follows:

Expert
Position

Key Tasks /
Responsibilities

Minimum Qualifications /
Experience

Int’l / Nat’l

Team Leader
/ Senior
Energy
Sector
Specialist

Overall project
management and project
coordination; lead
stakeholder engagement
and consultations.
Provision of strategic
oversight across all
workstreams; ensure
alignment with the Energy
Strategy and IRRP;
oversee preparation of all
draft and final
deliverables; coordinate
quality assurance and
reporting to the client.

Advanced degree in
energy, engineering,
economics, public policy,
or related field.
10 years of relevant
experience in energy sector
planning, investment
planning, or sector reform.
Demonstrated experience

leading similar national-
level energy sector

assignments.
Strong stakeholder

coordination and report-
writing experience.

International

Power
System
Planning and
Renewable
Energy
Specialist

Review and validate the
least-cost development
pathway and investment
assumptions. Assess
renewable energy and
storage deployment
requirements; Support
investment pipeline
development and
sequencing; Assess
transmission, distribution,
resilience, and grid
integration requirements.

Support assessment of e-
mobility impacts on the

power system.

Advanced degree in
electrical engineering,
energy systems, or related

field.
At least 8 years of
experience in power
system planning,
renewable energy
integration,
transmission/distribution
planning, or energy
modelling.
Experience of national or
utility-scale planning
studies is preferred.

International

Energy
Finance and
Investment
Specialist

Lead the development of
the financing strategy;
assess investment costs
and financing
requirements.
Identify public and private
financing options, climate
finance opportunities, and
PPP/IPP structures.
Support investment
prioritization and
affordability assessment
and investment
mobilization
recommendations.

Advanced degree in
finance, economics,
business, or related field.
At least 8 years of
experience in infrastructure
finance, energy sector
investment planning,
project finance, or climate
finance.
Experience working with
development finance
institutions and private
sector financing structures
is advantageous.

International

Policy,
Regulatory
and
Institutional
Specialist

Assess policy, regulatory,
and institutional barriers
affecting implementation
of priority investments.
Support preparation of the
enabling actions and
policy reform roadmap.
Assess institutional
coordination and
implementation
arrangements.
Support the development
of the monitoring and
implementation
framework.
Contribute to stakeholder
engagement activities.

Advanced degree in law,
public policy, economics,
energy policy, or related
field.
At least 8 years of
experience in energy sector
policy, regulation,
institutional reform, or
utility governance.
Experience supporting
implementation-focused
energy sector programs
preferred.

International

Local Energy
Sector /

Support local stakeholder
coordination, data

Relevant degree in energy,
engineering, economics,

National

Stakeholder
Engagement
Specialist

collection, institutional
engagement, workshop
organization, and review
of local sector context.
Facilitation of
coordination with
government agencies,
utilities, and local
stakeholders. Support in
project logistics and
consultation activities.

public administration, or
related field.
Minimum 5 years of local
sector experience.
Strong knowledge of the
Marshall Islands’ energy
sector institutions, policies,
and stakeholder
environment.
Fluency in English and
Marshallese is desirable.

7. Fees and Reimbursable Expenses
As this engagement will be structured as a lump-sum contract, the Consultant shall submit a financial proposal
(in addition to a technical proposal) that includes:
• A total lump-sum price for the performance of the services, payable against the deliverables set out in
Section VIII, supported by a breakdown of professional fees by each proposed expert and personnel
category, indicating the applicable unit rates and estimated level of effort (person-months or person-days),
provided for information purposes; and
• Reimbursable expenses, included within the lump-sum price, covering any anticipated travel,
accommodation, per diem, logistics, communications, and other project-related costs necessary for the
performance of the services.
The lump-sum price shall be inclusive of all costs necessary for the performance of the services. The Consultant
shall clearly state the assumptions underlying the proposed costs and provide sufficient detail to allow MEC to
assess the reasonableness of the proposed budget.
8. Deliverables
The project has six (6) main deliverables, as follows:
1. Inception report. This deliverable will include confirmation of the project methodology, workplan,
stakeholder engagement approach, data requirements, consultation schedule, and detailed approach for
preparation of the ESIP. An Inception workshop will be conducted with MEC and other relevant stakeholders
within 2 weeks from the Notice to Proceed to discuss the proposed program of activities and to seek feedback on
improvements, which will be reflected in the inception report.
2. Sector assessment and planning review report. This will be a consolidated report covering: (i) targeted sector
diagnostics; (ii) the results of the review and validation/update of the least-cost development pathway; (iii)
assessment of renewable energy and storage deployment trajectories; and (iv) the assessment of e-mobility
implications and associated investment needs.
3. Updated and integrated IRRP. This IRRP document will cover the full geographic extent of the Marshall
Islands. It will include all relevant updates to the existing 2024 IRRP on Majuro, as well as Ebeye and Outer
Islands. It will be an integrated and fully updated document. (The document may be prepared directly editing the
existing (2024) IRRP document in MS Word version, with all revisions and additions shown in track change
format).

4. Draft investment pipeline and financing strategy report. This report will cover the updated and prioritized
investment pipeline; and the investment sequencing and indicative costing. Furthermore, the report will set out
the proposed financing strategy and investment mobilization approaches; and the policy reform and enabling
actions roadmap. It will also present the outer-island mini-grid and mesh-grid concept designs and their
integration into the investment pipeline (Task 10).
5. Draft Energy Sector Investment Programme (Draft ESIP). This will be an integrated draft ESIP
consolidating all technical analyses, investment priorities, financing approaches, implementation arrangements,
the implementation monitoring framework, and stakeholder consultation outcomes for review and validation.
6. Final Energy Sector Investment Programme (Final ESIP). Final ESIP incorporating key stakeholder
comments. It will include the finalized investment pipeline, financing strategy, implementation roadmap, the
implementation monitoring framework, executive summary, and supporting annexes and presentation materials.
9. Contract Duration
The contract duration is 12 months. The expected start date is estimated to be in September 2026.

"},{"id":"OP00463607","notice_type":"Invitation for Bids","noticedate":"19-Aug-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-10-23T00:00:00Z","submission_deadline_time":"11:00","project_ctry_name":"Eswatini","project_id":"P508960","project_name":"Accelerating Sustainable and Clean Energy Access Transformation in Eswatini","bid_reference_no":"SZ-ECC-561950-CW-RFB","bid_description":"Design, Supply and Installation of 11kV Auto Reclosers (Plant)","procurement_group":"CW","procurement_method_code":"RFB","procurement_method_name":"Request for Bids","contact_address":"P.O. 258 , Eluvatsini House, Mhlambanyatsi Road\nH100, Mbabane\nEswatini","contact_ctry_name":"Eswatini","contact_email":"thobeka.gama@eec.co.sz","contact_name":"Thobeka Gama","contact_organization":"Eswatini Electricity Company","contact_phone_no":"26878332239","submission_date":"2026-08-19T00:00:00Z","notice_text":"

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

 

  1. General

 

  1. Scope of Bid
    1. In connection with the Specific Procurement Notice - Request for Bids (RFB), specified in the Bid Data Sheet (BDS), the Employer, as specified in the BDS, issues this bidding document for the Design, Supply and Installation of Plant as specified in Section VII, Employer’s Requirements. The name, identification, and number of lots (contracts) of this RFB are specified in the BDS.
    2. Throughout this bidding document:
  2. the term “in writing” means communicated in written form (e.g., by mail, e-mail, fax, including if specified in the BDS, distributed or received through the electronic-procurement system used by the Employer) with proof of receipt;
  3. if the context so requires, “singular” means “plural” and vice versa;
  4. “Day” means calendar day, unless otherwise specified as “Business Day.” A Business Day is any day that is an official working day of the Borrower. It excludes the Borrower’s official public holidays;
  5.  “ES” means environmental and social (including Sexual Exploitation and Abuse (SEA), and Sexual Harassment (SH));
  6. “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.

  1. “Sexual Harassment” “(SH)” is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by the Contractor’s Personnel with other Contractor’s or Employer’s Personnel.
  2. “Contractor’s Personnel” is as defined in GCC Sub-Clause 1; and
  3. “Employer’s Personnel” is as defined in GCC Sub-Clause 1.

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.

 

 

 

  1. Source of Funds
    1. The Borrower or Recipient (hereinafter called “Borrower”) indicated in the BDS has applied for or received financing (hereinafter called “funds”) from the World Bank (hereinafter called “the Bank”) in an amount specified in BDS, toward the project named in BDS.  The Borrower intends to apply a portion of the funds to eligible payments under the contract(s) for which this bidding document is issued.
    2. Payment by the Bank will be made only at the request of the Borrower and upon approval by the Bank in accordance with the terms and conditions of the Loan (or other financing) Agreement. The Loan (or other financing) Agreement prohibits a withdrawal from the loan account for the purpose of any payment to persons or entities, or for any import of goods, equipment, plant, or materials, if such payment or import is prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations. No party other than the Borrower shall derive any rights from the Loan (or other financing) Agreement or have any claim to the proceeds of the Loan (or other financing).

 

 

 

  1. Fraud and Corruption
    1. The Bank requires compliance with the Bank’s Anti-Corruption Guidelines and its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework, as set forth in Section VI.
    2. In further pursuance of this policy, bidders shall permit and shall cause their agents (where declared or not), subcontractors, subconsultants, service providers, suppliers, and personnel, to permit the Bank to inspect all accounts, records and other documents relating to any initial selection process, prequalification process, bid submission, proposal submission and contract performance (in the case of award), and to have them audited by auditors appointed by the Bank.

 

  1. Eligible Bidders
    1. A Bidder may be a firm that is a private entity, a state-owned enterprise or institution subject to ITB 4.6, or any combination of such entities in the form of a joint venture (JV) under an existing agreement or with the intent to enter into such an agreement supported by a letter of intent.  In the case of a joint venture, all members shall be jointly and severally liable for the execution of the entire Contract in accordance with the Contract terms. The JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the members of the JV during the Bidding process and, in the event the JV is awarded the Contract, during contract execution. Unless specified in the BDS, there is no limit on the number of members in a JV.
    2. A Bidder shall not have a conflict of interest. Any Bidder found to have a conflict of interest shall be disqualified. A Bidder may be considered to have a conflict of interest for the purpose of this Bidding process, if the Bidder:
  2. directly or indirectly controls, is controlled by or is under common control with another Bidder; or
  3. receives or has received any direct or indirect subsidy from another Bidder; or
  4. has the same legal representative as another Bidder; or
  5. has a relationship with another Bidder, directly or through common third parties, that puts it in a position to influence the Bid of another Bidder, or influence the decisions of the Employer regarding this Bidding process; or
  6. or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the Plant and Installation Services that are the subject of the Bid; or
  7. or any of its affiliates has been hired (or is proposed to be hired) by the Employer or Borrower as Project Manager for the Contract implementation; or
  8. would be providing goods, works, or non-consulting services resulting from or directly related to consulting services for the preparation or implementation of the project specified in the BDS ITB 2.1 that it provided or were provided by any affiliate that directly or indirectly controls, is controlled by, or is under common control with that firm; or
  9. has a close business or family relationship with a professional staff of the Borrower (or of the project implementing agency, or of a recipient of a part of the loan) who: (i) are directly or indirectly involved in the preparation of the bidding document or specifications of the Contract, and/or the Bid evaluation process of such Contract; or (ii) would be involved in the implementation or supervision of such contract unless the conflict stemming from such relationship has been resolved in a manner acceptable to the Bank throughout the Bidding process and execution of the Contract.
    1. A firm that is a Bidder (either individually or as a JV member) shall not participate as a Bidder or as JV member in more than one Bid except for permitted alternative Bids. Such participation shall result in the disqualification of all Bids in which the firm is involved. However, this does not limit the participation of a Bidder as subcontractor in another Bid or of a firm as a subcontractor in more than one Bid.
    2. A Bidder may have the nationality of any country, subject to the restrictions pursuant to ITB 4.8. A Bidder shall be deemed to have the nationality of a country if the Bidder is constituted, incorporated or registered in and operates in conformity with the provisions of the laws of that country, as evidenced by its articles of incorporation (or equivalent documents of constitution or association) and its registration documents, as the case may be. This criterion also shall apply to the determination of the nationality of proposed subcontractors or subconsultants for any part of the Contract including related Services.
    3. A Bidder that has been sanctioned by the Bank, pursuant to the Bank’s Anti-Corruption Guidelines, in accordance with its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework as described in Section VI paragraph 2.2 d., shall be ineligible to be prequalified for, initially selected for, bid for, propose for, or be awarded a Bank-financed contract or benefit from a Bank-financed contract, financially or otherwise, during such period of time as the Bank shall have determined. The list of debarred firms and individuals is available at the electronic address specified in the BDS.
    4. Bidders that are state-owned enterprises or institutions in the Employer’s Country may be eligible to compete and be awarded a Contract(s) only if they can establish, in a manner acceptable to the Bank, that they (i) are legally and financially autonomous (ii) operate under commercial law, and (iii) are not under supervision of the Employer.
    5. A Bidder shall not be under suspension from Bidding by the Employer as the result of the operation of a Bid-Securing Declaration or Proposal-Securing Declaration.
    6. Firms and individuals may be ineligible if so indicated in Section V and (a)as a matter of law or official regulations, the Borrower’s country prohibits commercial relations with that country, provided that the Bank is satisfied that such exclusion does not preclude effective competition for the supply of goods or the contracting of works or services required; or (b)by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrower’s country prohibits any import of goods or contracting of works or services from that country, or any payments to any country, person, or entity in that country. Where the procurement is implemented across jurisdictional boundaries (and more than one country is a Borrower, and is involved in the procurement), then exclusion of a firm or individual on the basis of ITB 4.8 (a) above by any country may be applied to that procurement across other countries involved, if the Bank and the Borrowers involved in the procurement agree.
    7. A Bidder shall provide such documentary evidence of eligibility satisfactory to the Employer, as the Employer shall reasonably request.    
    8. A firm that is under a sanction of debarment by the Borrower from being awarded a contract is eligible to participate in this procurement, unless the Bank, at the Borrower’s request, is satisfied that the debarment; (a) relates to fraud or corruption, and (b) followed a judicial or administrative proceeding that afforded the firm adequate due process.
    9. This bidding is open only to prequalified Bidders unless specified in the BDS.

 

  1. Eligible Plant and Installation Services
    1. The Plant and Installation Services to be supplied under the Contract and financed by the Bank may have their origin in any country in accordance with Section V, Eligible Countries.
    2. For purposes of ITB 5.1 above, “origin” means the place where the Plant, or 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.

 

  1. Contents of Bidding Document

 

  1. Sections of  Bidding Document
    1. The bidding document consists of Parts 1, 2, and 3, which include all the sections indicated below, and should be read in conjunction with any Addenda issued in accordance with ITB 8.

PART 1. Bidding Procedures

  • Section I - Instructions to Bidders (ITB)
  • Section II - Bid Data Sheet (BDS)
  • Section III - Evaluation and Qualification Criteria
  • Section IV - Bidding Forms
  • Section V - Eligible Countries
  • Section VI - Fraud and Corruption

PART 2. Employer’s Requirements

  • Section VII -Employer’s Requirements

PART 3. Conditions of Contract and Contract Forms

  • Section VIII - General Conditions of Contract (GCC)
  • Section IX -Particular Conditions of Contract (PCC)
  • Section X -Contract Forms
    1. The Specific Procurement Notice-Request for Bids (RFB) issued by the Employer, or the Notice of Request for Bids (RFB) issued by the Employer to the prequalified Bidders are not part of the bidding document.
    2. Unless obtained directly from the Employer, the Employer is not responsible for the completeness of the document, responses to requests for clarification, the Minutes of the pre-Bid meeting (if any), or Addenda to the bidding document in accordance with ITB 8. In case of any contradiction, documents obtained directly from the Employer shall prevail.
    3. The Bidder is expected to examine all instructions, forms, terms, and specifications in the bidding document and to furnish with its Bid all information or documentation as is required by the bidding document.

 

  1. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting
    1. A Bidder requiring any clarification of the bidding document shall contact the Employer in writing at the Employer’s address indicated in the BDS or raise his enquiries during the pre-Bid meeting if provided for in accordance with ITB 7.4. The Employer will respond in writing to any request for clarification, provided that such request is received prior to the deadline for submission of Bids within a period specified in the BDS.  The Employer shall forward copies of its response to all Bidders who have acquired the bidding document in accordance with ITB 6.3, including a description of the inquiry but without identifying its source. If so specified in the BDS, the Employer shall also promptly publish its response at the web page identified in the BDS. Should the clarification result in changes to the essential elements of the bidding document, the Employer shall amend the bidding document following the procedure under ITB 8 and ITB 23.2.
    2. The Bidder is advised to visit and examine the site where the Plant is to be installed and its surroundings and obtain for itself on its own responsibility all information that may be necessary for preparing the Bid and entering into a Contract for the provision of Plant and Installation Services. The costs of visiting the site shall be at the Bidder’s own expense.
    3. The Bidder and any of its personnel or agents will be granted permission by the Employer to enter upon its premises and lands for the purpose of such visit, but only upon the express condition that the Bidder, its personnel, and agents will release and indemnify the Employer and its personnel and agents from and against all liability in respect thereof, and will be responsible for death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection.
    4. If so specified in the BDS, the Bidder’s designated representative is invited to attend a pre-Bid meeting and/or a site visit. The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage.
    5. The Bidder is requested to submit any questions in writing, to reach the Employer not later than one week before the meeting.
    6. Minutes of the pre-Bid meeting, including the text of the questions raised without identifying the source, and the responses given, together with any responses prepared after the meeting, will be transmitted promptly to all Bidders who have acquired the bidding document in accordance with ITB 6.3.  If so specified in the BDS, the Employer shall also promptly publish the Minutes of the pre-Bid meeting at the web page identified in the BDS. Any modification to the bidding document that may become necessary as a result of the pre-Bid meeting shall be made by the Employer exclusively through the issue of an Addendum pursuant to ITB 8 and not through the minutes of the pre-Bid meeting. Nonattendance at the pre-Bid meeting will not be a cause for disqualification of a Bidder.

 

  1. Amendment of Bidding Document
    1. At any time prior to the deadline for submission of Bids, the Employer may amend the bidding document by issuing addenda.
    2. Any addendum issued shall be part of the bidding document and shall be communicated in writing to all who have obtained the bidding document from the Employer in accordance with ITB 6.3. The Employer shall also promptly publish the addendum on the Employer’s web page in accordance with ITB 7.1.
    3. To give prospective Bidders reasonable time in which to take an addendum into account in preparing their Bids, the Employer may, at its discretion, extend the deadline for the submission of bids, pursuant to ITB 23.2.

 

  1. Preparation of Bids

 

  1. Cost of Bidding
    1. The Bidder shall bear all costs associated with the preparation and submission of its Bid, and the Employer shall not be responsible or liable for those costs, regardless of the conduct or outcome of the Bidding process.

 

  1. Language of Bid
    1. The Bid, as well as all correspondence and documents relating to the Bid exchanged by the Bidder and the Employer, shall be written in the language specified in the BDS. Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by an accurate translation of the relevant passages in the language specified in the BDS, in which case, for purposes of interpretation of the Bid, such translation shall govern.

 

  1. Documents Comprising the Bid
    1. The Bid shall comprise two Parts, namely the Technical Part and the Financial Part. These two Parts shall be submitted simultaneously in two separate sealed envelopes (two-envelope Bidding process). One envelope shall contain only information relating to the Technical Part and the other, only information relating to the Financial Part. These two envelopes shall be enclosed in a separate sealed outer envelope marked “Original Bid”
    2. The Technical Part shall comprise the following:
  2. Letter of Bid - Technical Part, prepared in accordance with ITB12;
  3. Bid Security or Bid Securing Declaration, in accordance with ITB 20;
  4. Alternative Bid - Technical Part: if permissible in accordance with ITB 13, the Technical Part of any Alternative Bid;
  5. Authorization: written confirmation authorizing the signatory of the Bid to commit the Bidder, in accordance with ITB 21.3;
  6. Eligibility of Plant and Installation Services: documentary evidence established in accordance with ITB 14.1 that the Plant and Installation Services offered by the Bidder in its Bid or in any alternative Bid, if permitted, are eligible;
  7. Bidder’s Eligibility and Qualifications: documentary evidence in accordance with ITB 15.1 establishing the Bidder’s eligibility and qualifications ;
  8. Conformity: documentary evidence in accordance with ITB 16 that the Plant and Installation Services offered by the Bidder conform to the bidding document;
  9. Subcontractors: list of subcontractors in accordance with ITB 16.2; and
  10. any other document required in the BDS.
    1. The Financial Part shall contain the following:
      1. Letter of Bid – Financial Part: prepared in accordance with ITB 12 and ITB 14;
      2. Price Schedules completed in accordance with ITB 12 and ITB 17;
      3. Alternative Bid - Financial Part: if permissible in accordance with ITB 13, the Financial Part of any Alternative Bid; and
      4. any other document required in the BDS.
    2. The Technical Part shall not include any information related to the Bid price. Where material financial information related to the Bid price is contained in the Technical Part the Bid shall be declared non-responsive.
    3. In addition to the requirements under ITB 11.2, Bids submitted by a JV shall include in the Technical Part a copy of the Joint Venture Agreement entered into by all members. Alternatively, a letter of intent to execute a Joint Venture Agreement in the event of a successful Bid shall be signed by all members and submitted with the Bid, together with a copy of the proposed Agreement.
    4. The Bidder shall furnish in the Letter of Bid - Financial Part information on commissions and gratuities, if any, paid or to be paid to agents or any other party relating to this Bid
  1. Letters of Bid and Price Schedules
    1. The Letter of Bid - Technical Part and the Letter of Bid- Financial Part including the Price Schedules shall be prepared, using the relevant forms furnished in Section IV, Bidding Forms.  The forms must be completed as instructed in each form without any alterations to the text, and no substitutes shall be accepted except as provided under ITB 21.3. All blank spaces shall be filled in with the information requested.

 

  1. Alternative Bids
    1. Unless otherwise specified in the BDS, alternative Bids shall not be considered.
    2. When alternatives to the Time Schedule are explicitly invited, a statement to that effect will be included in the BDS, and the method of evaluating different time schedules will be described in Section III, Evaluation and Qualification Criteria.
    3. Except as provided under ITB 13.4 below, Bidders wishing to offer technical alternatives to the Employer’s requirements as described in the bidding document must also provide: (i) a price at which they are prepared to offer a Plant meeting the Employer’s requirements; and (ii) all information necessary for a complete evaluation of the alternatives by the Employer, including drawings, design calculations, technical specifications, breakdown of prices, and proposed installation methodology and other relevant details.  Only the technical alternatives, if any, of the Bidder with the Most Advantageous Bid conforming to the basic technical requirements shall be considered by the Employer.
    4. When Bidders are invited in the BDS to submit alternative technical solutions for specified parts of the facilities, such parts will be identified in the BDS, as will the method for their evaluation, and described in Section VII, Employer’s Requirements.

 

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

 

  1. Documents Establishing the Eligibility and Qualifications of the Bidder
    1. To establish Bidder’s eligibility in accordance with ITB 4, Bidders shall complete the Letter of Bid- Technical Part, included in Section IV, Bidding Forms.
    2. 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 in Section IV, Bidding Forms.
    3. Any change in the structure or formation of a Bidder after being prequalified and invited to Bid, if applicable, (including, in the case of a JV, any change in the structure or formation of any member and also including any change in any specialized subcontractor whose qualifications were considered to prequalify the Applicant) shall be subject to the written approval of the Employer prior to the deadline for submission of Bids. Such approval shall be denied if (i) a Bidder proposes to associate with a disqualified Bidder or in case of a disqualified joint venture, any of its members; (ii) as a consequence of the change, the Bidder no longer substantially meets the qualification criteria; or (iii) in the opinion of the Employer, the change may result in a substantial reduction in competition. Any such change should be submitted to the Employer not later than fourteen (14) days after the date of the notice for RFB sent to the prequalified Bidders

 

  1. Documents Establishing the Conformity of the Plant and  Installation Services
    1. The Bidder shall furnish the information stipulated in Section IV, Bidding Forms in sufficient detail to demonstrate substantial responsiveness of the Bidders’ proposal to the work requirements and the completion time. 
    2. For major items of Plant and Installation Services as listed by the Employer in Section III, Evaluation and Qualification Criteria, which the Bidder intends to purchase or subcontract, the Bidder shall give details of the name and nationality of the proposed Subcontractors, including manufacturers, for each of those items. In addition, the Bidder shall include in its Bid information establishing compliance with the requirements specified by the Employer for these items.  Quoted rates and prices will be deemed to apply to whichever Subcontractor is appointed, and no adjustment of the rates and prices will be permitted.
    3. The Bidder shall be responsible for ensuring that any Subcontractor proposed complies with the requirements of ITB 4, and that any Plant, or services to be provided by the Subcontractor comply with the requirements of ITB 5 and ITB 16.1.

 

  1. Bid Prices and Discounts
    1. Unless otherwise specified in the BDS, Bidders shall quote for the entire Plant and Installation Services on a “single responsibility” basis. The total Bid price shall include all the Contractor’s obligations mentioned in or to be reasonably inferred from the bidding document in respect of the design, manufacture, including procurement and subcontracting (if any), delivery, construction, installation and completion of the Plant.  This includes all requirements under the Contractor’s responsibilities for testing, pre-commissioning and commissioning of the Plant and, where so required by the bidding document, the acquisition of all permits, approvals and licenses, etc.; the operation, maintenance and training services and such other items and services as specified in the bidding document, all in accordance with the requirements of the General Conditions. Items against which no price is entered by the Bidder will not be paid for by the Employer when executed and shall be deemed to be covered by the prices for other items.
    2. Bidders are required to quote the price for the commercial, contractual and technical obligations outlined in the bidding document.
    3. Bidders shall give a breakdown of the prices in the manner and detail called for in the Price Schedules included in Section IV, Bidding Forms.
    4. Depending on the scope of the Contract, the Price Schedules may comprise up to the six (6) schedules listed below.  Separate numbered Schedules included in Section IV, Bidding Forms, from those numbered 1 to 4 below, shall be used for each of the elements of the Plant and Installation Services. The total amount from each Schedule corresponding to an element of the Plant and Installation Services shall be summarized in the schedule titled Grand Summary, (Schedule 5), giving the total Bid price(s) to be entered in the Letter of Bid. Bidders shall note that the plant and equipment included in Schedule Nos. 1 and 2 below exclude materials used for civil, building and other construction works.  All such materials shall be included and priced under Schedule No. 4, Installation Services. The Schedules comprise:

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

    1. In the Schedules, Bidders shall give the required details and a breakdown of their prices as follows:
      1. Plant to be supplied from abroad (Schedule No. 1):

          The price of the Plant shall be quoted on CIP-named place of destination basis as specified in the BDS.

      1. Plant manufactured within the Employer’s Country (Schedule No. 2):

(i)    The price of the Plant shall be quoted on an EXW Incoterm basis (such as “ex-works,” “ex-factory,” “ex-warehouse” or “off-the-shelf,” as applicable), 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;

      1. Design Services (Schedule No. 3);
      2. Installation Services shall be quoted separately (Schedule No. 4) and shall include rates or prices for local transportation to named place of final destination as specified in the BDS, insurance and other services incidental to delivery of the Plant, all labor, contractor’s equipment, temporary works, materials, consumables and all matters and things of whatsoever nature, including operations and maintenance services, the provision of operations and maintenance manuals, training, etc., where identified in the bidding document, as necessary for the proper execution of the installation and other services, including all taxes, duties, levies and charges payable in the Employer’s Country as of twenty-eight (28) days prior to the deadline for submission of Bids;

(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.

    1. The terms EXW, CIP, and other similar terms shall be governed by the rules prescribed in the current edition of Incoterms, published by the International Chamber of Commerce, as specified in the BDS.
    2. The prices shall be either fixed or adjustable as specified in the BDS.
    3. In the case of Fixed Price, prices quoted by the Bidder shall be fixed during the Bidder’s performance of the contract and not subject to variation on any account.  A Bid submitted with an adjustable price quotation will be treated as non-responsive and rejected.
    4. In the case of Adjustable Price, prices quoted by the Bidder shall be subject to adjustment during performance of the contract to reflect changes in the cost elements such as labor, material, transport and contractor’s equipment in accordance with the procedures specified in the corresponding Appendix to the Contract Agreement. A Bid submitted with a fixed price quotation will not be rejected, but the price adjustment will be treated as zero.  Bidders are required to indicate the source of labor and material indices in the corresponding Form in Section IV, Bidding Forms.
    5. If so indicated in ITB 1.1, Bids are being invited for individual lots (contracts) or for any combination of lots (packages).  Bidders wishing to offer any price reduction (discount) for the award of more than one Contract shall specify in their Letter of Bid the price reductions applicable to each package, or alternatively, to individual Contracts within the package, and the manner in which the price reductions will apply. However, discounts on condition of award of more than one contract will not be used for Bid evaluation purpose.
    6.  Bidders wishing to offer any unconditional discount shall specify in their Letter of Bid the offered discounts and the manner in which price discounts will apply.

 

  1. Currencies of Bid and Payment
    1. The currency(ies) of the Bid and the currency(ies) of payments shall be the same.  The Bidder shall quote in the currency of the Employer’s country the portion of the Bid price that corresponds to expenditures incurred in the currency of the Employer’s Country, unless otherwise specified in the BDS.
    2. The Bidder may express the Bid price in any currency. If the Bidder wishes to be paid in a combination of amounts in different currencies, it may quote its price accordingly but shall use no more than three foreign currencies in addition to the currency of the Employer’s Country.

 

  1. Period of Validity of Bids
    1. Bids shall remain valid until the date specified in the BDS or any extended date if amended by the Employer in accordance with ITB 8. A Bid that is not valid until the date specified in the BDS, or any extended date if amended by the Employer in accordance with ITB 8, shall be rejected by the Employer as nonresponsive.
    2. In exceptional circumstances, prior to the date of expiration of the Bid validity, the Employer may request Bidders to extend the period of validity of their Bids. The request and the responses shall be made in writing. If a Bid Security is requested in accordance with ITB 20, the Bidder granting the request shall also extend the Bid Security for twenty-eight (28) days beyond the deadline of the extended validity period. A Bidder may refuse the request without forfeiting its Bid Security. A Bidder granting the request shall not be required or permitted to modify its Bid, except as provided in ITB 19.3.
    3. If the award is delayed by a period exceeding fifty-six (56) days beyond the expiry of the initial Bid validity specified in accordance with ITB 19.1, the Contract price shall be determined as follows:
  2. in the case of fixed price contracts, the Contract price shall be the Bid price adjusted by the factor or factors specified in the BDS;
  3. in the case of adjustable price contracts, no adjustment shall be made; or
  4. in any case, Bid evaluation shall be based on the Bid price without taking into consideration the applicable correction from those indicated above.

 

  1. Bid Security
    1. The Bidder shall furnish as part of the Technical Part of its Bid, either a Bid-Securing Declaration or a Bid Security as specified in the BDS, in original form and, in the case of a Bid Security, in the amount and currency specified in the BDS.
    2. A Bid-Securing Declaration shall use the form included in Section IV Bidding Forms.
    3. If a Bid Security is specified pursuant to ITB 20.1, the Bid security shall be a demand guarantee in any of the following forms at the Bidder’s option:
  2. an unconditional guarantee issued by a bank or non-bank financial institution (such as an insurance, bonding or surety company);
  3. an irrevocable letter of credit;
  4. a cashier’s or certified check; or
  5. another security indicated in the BDS,

          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.

    1. If a Bid Security or a Bid-Securing Declaration is specified pursuant to ITB 20.1, any Bid not accompanied by a substantially responsive Bid Security or Bid-Securing Declaration shall be rejected by the Employer as nonresponsive.
    2. If a Bid Security is specified pursuant to ITB 20.1, the Bid Security of unsuccessful Bidders shall be returned as promptly as possible upon the successful Bidder’s furnishing of the Performance Security pursuant to ITB 47.
    3. The Bid Security of the successful Bidder shall be returned as promptly as possible once the successful Bidder has signed the Contract and furnished the required Performance Security.
    4. The Bid Security may be forfeited:
  2. if a Bidder withdraws its Bid prior to the expiry date of the Bid validity specified by the Bidder on the Letter of Bid or any extended date provided by the Bidder; or
  3. if the successful Bidder fails to:
  1. sign the Contract in accordance with ITB 46; or
  2. furnish a Performance Security in accordance with ITB 47.
    1. The Bid Security or the Bid-Securing Declaration of a JV shall be in the name of the JV that submits the Bid. If the JV has not been legally constituted into a legally enforceable JV at the time of bidding, the Bid Security or the Bid Securing Declaration shall be in the names of all future members as named in the letter of intent referred to in ITB 4.1 and ITB 11.5.
    2. If a Bid Security is not required in the BDS: and
  1. if a Bidder withdraws its Bid prior to the expiry date of the Bid validity specified by the Bidder on the Letter of Bid, or any extended date provided by the Bidder; or
  2. if the successful Bidder fails to:
  1. sign the Contract in accordance with ITB 46; or
  2. furnish a Performance Security in accordance with ITB 47;

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.

 

  1. Format and Signing of Bid
    1. The Bidder shall prepare the Bid, in accordance with this Instruction, ITB 11 and ITB 22.
    2. Bidders shall mark as “Confidential” information in their Bids which is confidential to their business. This may include proprietary information, trade secrets or commercial or financially sensitive information.
    3. The original and all copies of the Bid shall be typed or written in indelible ink and shall be signed by a person duly authorized to sign on behalf of the Bidder.  This authorization shall consist of a written confirmation as specified in the BDS and shall be attached to the Bid.  The name and position held by each person signing the authorization must be typed or printed below the signature.  All pages of the Bid where entries or amendments have been made shall be signed or initialed by the person signing the Bid.
    4. In the case that the Bidder is a JV, the Bid shall be signed by an authorized representative of the JV on behalf of the JV, and so as to be legally binding on all the members as evidenced by a power of attorney signed by their legally authorized representatives.
    5. Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the person signing the Bid.

 

  1. Submission of Bids

 

  1. Submission, Sealing and Marking of Bids
    1. The Bidder shall deliver the Bid in two separate, sealed envelopes (the Technical Part and the Financial Part.). These two envelopes shall be enclosed in a separate sealed outer envelope marked “Original Bid”. In addition, the Bidder shall submit copies of the Bid in the number specified in the BDS. Copies of the Technical Part shall be placed in a separate sealed envelope marked “Copies: Technical Part”. Copies of the Financial Part shall be placed in a separate sealed envelope marked “Copies: Financial Part”. The Bidder shall place both of these envelopes in a separate, sealed outer envelope marked “Bid Copies”. In the event of any discrepancy between the original and the copies, the original shall prevail.
    2. If alternative Bids are permitted in accordance with ITB 13, the alternative Bids shall be submitted as follows: the original of the alternative Bid Technical Part shall be placed in a sealed envelope marked “Alternative Bid – Technical Part” and the Financial Part shall be placed in a sealed envelope marked “Alternative Bid – Financial Part” and these two separate sealed envelopes then enclosed within a sealed outer envelope marked “Alternative Bid – Original”, the copies of the alternative Bid will be placed in separate sealed envelopes marked “Alternative Bid – Copies Of Technical Part”, and “Alternative Bid – Copies Of Financial Part” and enclosed in a separate sealed outer envelope marked “Alternative Bid - Copies”.
    3. The envelopes marked “Original Bid” and “Bid Copies” (and, if appropriate, a third envelope marked “Alternative Bid”) shall be enclosed in a separate sealed outer envelope for submission to the Employer.
    4. The inner and outer envelopes shall:
  2. bear the name and address of the Bidder;
  3. be addressed to the Employer in accordance with ITB 23.1;
  4. bear the specific identification of this Bidding process indicated in accordance with ITB 1.1; and
  5. bear a warning not to open before the time and date for Bid opening.
    1. If all envelopes are not sealed and marked as required, the Employer will assume no responsibility for the misplacement or premature opening of the Bid.

 

  1. Deadline for Submission of Bids
    1. Bids must be received by the Employer at the address and no later than the date and time indicated in the BDS. When so specified in the BDS, Bidders shall have the option of submitting their Bids electronically. Bidders submitting Bids electronically shall follow the electronic Bid submission procedures specified in the BDS.
    2. The Employer may, at its discretion, extend the deadline for the submission of Bids by amending the bidding document in accordance with ITB 8, in which case all rights and obligations of the Employer and Bidders previously subject to the deadline shall thereafter be subject to the deadline as extended.

 

  1. Late Bids
    1. The Employer shall not consider any Bid that arrives after the deadline for submission of Bids, in accordance with ITB 23.  Any Bid received by the Employer after the deadline for submission of Bids shall be declared late, rejected, and returned unopened to the Bidder.

 

  1. Withdrawal, Substitution, and Modification of Bids
    1. A Bidder may withdraw, substitute, or modify its bid after it has been submitted by sending a written notice, duly signed by an authorized representative, and shall include a copy of the authorization in accordance with ITB 21.3, (except that withdrawal notices do not require copies). The corresponding substitution or modification of the Bid must accompany the respective written notice.  All notices must be:
  2. prepared and submitted in accordance with ITB 21 and ITB 22 (except that withdrawals notices do not require copies), and in addition, the respective envelopes shall be clearly marked “Withdrawal,” “Substitution,” “Modification”; and
  3. received by the Employer prior to the deadline prescribed for submission of Bids, in accordance with ITB 23.
    1. Bids requested to be withdrawn in accordance with ITB 25.1 shall be returned unopened to the Bidders.
    2. No Bid may be withdrawn, substituted, or modified in the interval between the deadline for submission of Bids and the date of expiry of the Bid validity specified by the Bidder on the Letter of Bid or any extended date thereof. 

 

  1. Public Opening of Technical Parts of Bids

 

  1. Public Opening of Technical Parts of Bids
    1. Except as in the cases specified in ITB 24 and ITB 25.2, the Employer shall publicly open and read out all Bids received by the deadline at the date, time and place specified in the BDS in the presence of Bidders’ designated representatives and anyone who choose to attend. Any specific electronic Bid opening procedures required if electronic Bidding is permitted in accordance with ITB 23.1, shall be as specified in the BDS.
    2. First, the written notice of withdrawal in the envelopes marked “Withdrawal” shall be opened and read out and the envelope with the corresponding Bid shall not be opened but returned to the Bidder.  No bid withdrawal shall be permitted unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal and is read out at Bid opening.
    3. Next, envelopes marked “Substitution” shall be opened and read out and exchanged with the corresponding Bid being substituted, and the substituted Bid shall not be opened, but returned to the Bidder. No Bid substitution shall be permitted unless the corresponding substitution notice contains a valid authorization to request the substitution and is read out at Bid opening.
    4. Next, envelopes marked “Modification” shall be opened and read out with the corresponding Bid. No Bid modification shall be permitted unless the corresponding modification notice contains a valid authorization to request the modification and is read out at Bid opening.
    5. Next, all other envelopes marked “Technical Part” shall be opened one at a time. All envelopes marked “Second Envelope: Financial Part” shall remain sealed and kept by the Employer in safe custody until they are opened at a later public opening, following the evaluation of the Technical Part parts of the Bids. On opening the envelopes marked “Technical Part” the Employer shall read out: the name of the Bidder, the presence or the absence of a Bid Security, or Bid-Securing Declaration, if required, and whether there is a modification; and Alternative Bid - Technical Part; and any other details as the Employer may consider appropriate. 
    6. Only Technical Parts of Bids and Alternative Bid - Technical Parts that are read out at Bid opening shall be considered further for evaluation. The Letter of Bid- Technical Part and the separate sealed envelope marked “Second Envelope: Financial Part” are to be initialed by representatives of the Employer attending Bid opening in the manner specified in the BDS.
    7. The Employer shall neither discuss the merits of any Bid nor reject any Bid (except for late Bids, in accordance with ITB 24.1).
    8. The Employer shall prepare a record of the Bid opening that shall include, as a minimum:
      1. the name of the Bidder and whether there is a withdrawal, substitution, or modification;
      2. the receipt of  envelopes marked “Second Envelope: Financial Part”;
      3. if applicable, any alternative Bid-Technical Part; and
      4. the presence or absence of a Bid Security or a Bid-Securing Declaration. 
    9. The Bidders’ representatives who are present shall be requested to sign the record.  The omission of a Bidder’s signature on the record shall not invalidate the contents and effect of the record.  A copy of the record shall be distributed to all Bidders.

 

  1. Evaluation of Bids- General Provisions

 

  1. Confidentiality
    1. Information relating to the evaluation of the Technical Part shall not be disclosed to Bidders or any other persons not officially concerned with the Bidding process until the notification of evaluation of the Technical Part in accordance with ITB 33. Information relating to the evaluation of Financial Part, the evaluation of combined Technical Part and Financial Part, and recommendation of contract award shall not be disclosed to Bidders or any other persons not officially concerned with the RFB process until the Notification of Intention to Award the Contract is transmitted to Bidders in accordance with ITB 42..
    2. Any effort by a Bidder to influence the Employer in the evaluation of the bids or Contract award decisions may result in the rejection of its Bid.
    3. Notwithstanding ITB 27.2, from the time of Bid opening to the time of Contract Award, if any Bidder wishes to contact the Employer on any matter related to the Bidding process, it should do so in writing.

 

  1. Clarification of Bids

 

    1. To assist in the examination, evaluation, and comparison of the Bids, and qualification of the Bidders, the Employer may, at its discretion, ask any Bidder for a clarification of its Bid.  Any clarification submitted by a Bidder that is not in response to a request by the Employer shall not be considered.  The Employer’s request for clarification and the response shall be in writing.  No change in the prices or substance of the Bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the Bids, in accordance with ITB 35.
    2. If a Bidder does not provide clarifications of its Bid by the date and time set in the Employer’s request for clarification, its Bid may be rejected.

 

  1. Deviations, Reservations, and Omissions
    1. During the evaluation of Bids, the following definitions apply:

(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.

    1. Provided that a Bid is substantially responsive, the Employer may waive any nonmaterial nonconformities in the Bid.
    2. Provided that a Bid is substantially responsive, the Employer may request that the Bidder submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities in the Bid related to documentation requirements. Requesting information or documentation on such nonconformities shall not be related to any aspect of the price of the Bid. Failure of the Bidder to comply with the request may result in the rejection of its Bid.

 

  1. Evaluation of Technical Part of Bids

 

  1. Determination of Responsiveness of Technical Part
    1. The Employer’s determination of the Technical Part’s responsiveness shall be based on the contents of the Bid, as specified in ITB 11.
    2. Preliminary examination of the Technical Part shall be carried out to identify proposals that are incomplete, invalid or substantially nonresponsive to the requirements of the Bidding documents. A substantially responsive Bid is one that materially confirms to the requirements of the Bidding document without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that,
    1. if accepted, would:
        1. affect in any substantial way the scope, quality, or performance of the Works specified in the Contract; or
        2. limit in any substantial way, inconsistent with the Bidding document, the Employer’s rights or the Bidder’s  obligations under the proposed Contract; or
    2. if rectified, would unfairly affect the competitive position of other Bidders presenting substantially responsive Bids.
    1. If the Technical Part is not substantially responsive to the requirements of the Bidding document, it shall be rejected by the Employer and may not subsequently be made responsive by correction of the material deviation, reservation, or omission.

 

  1. Eligibility and Qualifications of the Bidder
    1. The Employer shall determine to its satisfaction whether the Bidders that have been assessed to have submitted substantially responsive Bids are eligible, and either continue to meet (if prequalification applies) or meet (if prequalification has not been carried out), the qualifying criteria specified in Section III, Evaluation and Qualification Criteria.
    2. The determination shall be based upon an examination of the documentary evidence of the Bidder’s eligibility and qualifications submitted by the Bidder, pursuant to ITB 15. The determination shall not take into consideration the qualifications of other firms such as the Bidder’s subsidiaries, parent entities, affiliates, subcontractors (other than Specialized Subcontractors if permitted in the bidding document), or any other firm.
    3. Prior to Contract award, the Employer will verify that the successful Bidder (including each member of a JV) is not disqualified by the Bank due to noncompliance with contractual SEA/SH prevention and response obligations. The Employer will conduct the same verification for each subcontractor proposed by the successful Bidder. If any proposed subcontractor does not meet the requirement, the Employer will require the Bidder to propose a replacement subcontractor.
    4. Only substantially responsive bids submitted by eligible and qualified bidders shall proceed to the detailed technical evaluation specified in ITB 32.

 

  1. Detailed Evaluation of Technical Part
    1. The Employer’s evaluation of Technical Part will be carried out as specified in Section III, Evaluation and Qualification Criteria.
    2. The scores and weightings to be given to Rated Criteria (including technical and non-price factors and sub factors) are specified in the BDS.

 

  1. Notification of Evaluation of Technical Parts and Public Opening of Financial Parts

 

  1. Notification of Evaluation of Technical Parts and Public Opening of Financial Parts
    1. Following the completion of the evaluation of the Technical Parts of the Bids, the Employer shall notify in writing those Bidders whose Bids were considered substantially non-responsive to the bidding document or failed to meet the eligibility and qualification requirements, advising them of the following information:
  2. the grounds on which their Technical Part of Bid failed to meet the requirements of the bidding document;
  3. their envelopes marked “Second Envelope: Financial Part” will be returned to them unopened after the completion of the selection process and the signing of the Contract; and
  4. notify them of the date, time and location of the public opening of the envelopes marked “Second Envelope: Financial Part”.
    1. The Employer shall, simultaneously, notify in writing those Bidders whose Technical Part have been evaluated as substantially responsive to the bidding document and met the eligibility and qualification requirements, advising them of the following information:
  1. their Bid has been evaluated as substantially responsive to the bidding document and met the eligibility and qualification requirements;
  2. their envelope marked “Second Envelope: Financial Part” will be opened at the public opening of the Financial Parts; and
  3. notify them of the date, time and location of the second public opening of the envelopes marked “Second Envelope: Financial Part” as specified in the BDS.
    1. The opening date shall be not less than ten (10) Business Days from the date of notification of the results of the technical evaluation, specified in ITB 33.1 and 33.2. However, if the Employer receives a complaint on the results of the technical evaluation within the ten (10) Business Days, the opening date shall be subject to ITB 48.1. The Financial Part of the Bid shall be opened publicly in the presence of Bidders’ designated representatives and anyone who chooses to attend.
    2. At this public opening, the Financial Parts will be opened by the Employer in the presence of Bidders, or their designated representatives and anyone else who chooses to attend. Bidders who met the eligibility and qualification requirements and whose bids were evaluated as substantially responsive will have their envelopes marked “Second Envelope: Financial Part” opened at the second public opening. Each of these envelopes marked “Second Envelope: Financial Part” shall be inspected to confirm that they have remained sealed and unopened. These envelopes shall then be opened by the Employer. The Employer shall read out the names of each Bidder, the technical score and the total Bid prices, per lot (contract) if applicable, including any discounts and Alternative Bid - Financial Part, and any other details as the Employer may consider appropriate.
    3. Only envelopes of Financial Part of Bids, Financial Parts of Alternative Bids and discounts that are opened and read out at Bid opening shall be considered further for evaluation. The Letter of Bid – Financial Part and the Priced Activity Schedules are to be initialed by a representative of the Employer attending the Bid opening in the manner specified in the BDS.
    4. The Employer shall neither discuss the merits of any Bid nor reject any envelopes marked “Second Envelope: Financial Part” at this public opening.
    5. The Employer shall prepare a record of the Financial Part of the Bid opening that shall include, as a minimum: (a) the name of the Bidder whose Financial Part was opened; (b) the Bid price, per lot (contract) if applicable, including any discounts; and (c) if applicable, any Alternative Bid – Financial Part.
    6. The Bidders whose envelopes marked “Second Envelope: Financial Part” have been opened or their representatives who are present shall be requested to sign the record. The omission of a Bidder’s signature on the record shall not invalidate the contents and effect of the record. A copy of the record shall be distributed to all Bidders.

 

  1. Evaluation of Financial Part of Bids

 

  1. Adjustments for Non-material Noconformities
    1. Provided that a Bid is substantially responsive, the Employer shall rectify quantifiable nonmaterial nonconformities related to the Bid Price. To this effect, the Bid Price shall be adjusted, for comparison purposes only, to reflect the price of a missing or non-conforming item or component by adding the average price of the item or component quoted by substantially responsive Bidders.  If the price of the item or component cannot be derived from the price of other substantially responsive Bidders, the Employer shall use its best estimate.

 

  1. Correction of Arithmetic Errors
    1. In evaluating the Financial Part of each Bid, the Employer shall correct arithmetical errors on the following basis:
  2. where there are errors between the total of the amounts given under the column for the price breakdown and the amount given under the Total Price, the former shall prevail and the latter will be corrected accordingly;
  3. where there are errors between the total of the amounts of Schedule Nos. 1 to 4 and the amount given in Schedule No. 5 (Grand Summary) the former shall prevail and the latter will be corrected accordingly;
  4. if there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to (a) and (b) above.
    1. Bidders shall be requested to accept correction of arithmetical errors. Failure to accept the correction in accordance with ITB 35.1, shall result in the rejection of the Bid.

 

  1. Evaluation Process, Financial Part
    1. To evaluate the Financial Part, the Employer shall consider the following:
  2. the Bid price, excluding provisional sums and the provision, if any, for contingencies in the Price Schedules;
  3. price adjustment for correction of arithmetic errors in accordance with ITB 35.1;
  4. price adjustment due to discounts offered in accordance with ITB 17.11;
  5. price adjustment due to quantifiable nonmaterial nonconformities in accordance with ITB 34.1;
  6. converting the amount resulting from applying (a) to (c) above, if relevant, to a single currency in accordance with ITB 36.2; and  
  7. the evaluation factors indicated in the BDS and detailed in Section III, Evaluation and Qualification Criteria.
    1. For evaluation and comparison purposes, the currency(ies) of the Bid shall be converted into a single currency as specified in the BDS.
    2. No margin of domestic preference shall apply.
    3. If price adjustment is allowed in accordance with ITB 17.7, the estimated effect of the price adjustment provisions of the Conditions of Contract, applied over the period of execution of the Contract, shall not be taken into account in Bid evaluation.
    4. If this bidding document allows Bidders to quote separate prices for different lots (contracts), each lot will be evaluated separately to determine the Most Advantageous Bid using the methodology specified in Section III, Evaluation and Qualification Criteria. Discounts that are conditional on the award of more than one lotor slice shall not be considered for Bid evaluation.

 

  1. Abnormally Low Bids
    1. An Abnormally Low Bid is one where the Bid price, in combination with other elements of the Bid, appears so low that it raises material concerns as to the capability of the Bidder to perform the Contract for the offered Bid Price.
    2. In the event of identification of a potentially Abnormally Low Bid, the Employer shall seek written clarifications from the Bidder, including detailed price analyses of its Bid price in correlation to the subject matter of the contract, scope, proposed methodology, schedule, allocation of risks and responsibilities and any other requirements of the bidding document.
    3. After evaluation of the price analyses, in the event that the Employer determines that the Bidder has failed to demonstrate its capability to deliver the contract for the offered tender price, the Employer shall reject the Bid.

 

  1. Unbalanced or Front Loaded Bids
    1. If the Bid that is evaluated as the lowest evaluated cost is, in the Employer’s opinion, seriously unbalanced or front loaded the Employer may require the Bidder to provide written clarifications. Clarifications may include detailed price analyses to demonstrate the consistency of the Bid prices with the scope of works, proposed methodology, schedule and any other requirements of the bidding document.
    2. After the evaluation of the information and detailed price analyses presented by the Bidder, the Employer may:
      1. accept the Bid; or
      2. if appropriate, require that the total amount of the Performance Security be increased, at the expense of the Bidder, to a level not exceeding twenty percent (20%) of the Contract Price; or
      3. reject the Bid.

 

  1. Evaluation of Combined Technical and Financial Parts, Most Advantageous Bid and Notification of Intention to Award

 

  1. Evaluation of combined Technical and Financial Parts, Most Advantageous Bid
    1. The Employer’s evaluation of responsive Bids will take into account technical factors, in addition to cost factors in accordance with Section III Evaluation and Qualification Criteria. The weight to be assigned for the Technical factors and cost is  specified in the BDS. The Employer will rank the Bids based on the evaluated Bid score (B).
    2. The Employer shall determine the Most Advantageous Bid. The Most Advantageous Bid is the Bid of the Bidder that meets the Qualification Criteria and whose Bid has been determined to be substantially responsive to the Bidding document and is the Bid with the highest combined technical and financial score
    3. The capabilities of the manufacturers and subcontractors proposed in its Bid to be used by the Bidder with the Most Advantageous Bid for identified major items of supply or services will also be evaluated for acceptability in accordance with Section III, Evaluation and Qualification Criteria.  Their participation should be confirmed with a letter of intent between the parties, as needed.  Should a manufacturer or subcontractor be determined to be unacceptable, the Bid will not be rejected, but the Bidder will be required to substitute an acceptable manufacturer or subcontractor without any change to the Bid price. Prior to signing the Contract, the corresponding Appendix to the Contract Agreement shall be completed, listing the approved manufacturers or subcontractors for each item concerned.

 

  1. Employer’s right to Accept Any Bid and to Reject Any or All Bids
    1. The Employer reserves the right to accept or reject any Bid, and to annul the Bidding process and reject all Bids at any time prior to Contract Award, without thereby incurring any liability to Bidders. In case of annulment, all Bids submitted and specifically, Bid securities shall be promptly returned to the Bidders.

 

  1. Standstill Period
    1. The Contract shall not be awarded earlier than the expiry of the Standstill Period. The Standstill Period shall be ten (10) Business Days unless extended in accordance with ITB 45. The Standstill Period commences the day after the date the Employer has transmitted to each Bidder the Notification of Intention to Award the Contract. Where only one Bid is submitted, or if this contract is in response to an emergency situation recognized by the Bank, the Standstill Period shall not apply.

 

  1. Notification of Intention to Award
    1. The Employer shall send to each Bidder the Notification of Intention to Award the Contract to the successful Bidder. The Notification of Intention to Award shall contain, at a minimum, the following information:
  2. the name and address of the Bidder submitting the successful Bid;
  3. the Contract price of the successful Bid;
  4. the total combined score of the successful Bid;
  5. the names of all Bidders who submitted Bids, and their Bid prices as readout, and as evaluated and technical score;
  6. a statement of the reason(s) the Bid (of the unsuccessful Bidder to whom the notification is addressed) was unsuccessful;
  7. the expiry date of the Standstill Period; and
  8. instructions on how to request a debriefing and/or submit a complaint during the standstill period.

 

  1. Award of Contract

 

  1. Award Criteria
    1. Subject to ITB 40, the Employer shall award the Contract to the successful Bidder. This is the Bidder whose Bid has been determined to be the Most Advantageous Bid.

 

  1. Notification of Award
    1. Prior to the date of expiry  of the bid validity, and upon expiry of the Standstill Period, specified in ITB 41.1 or any extension thereof, and upon satisfactorily addressing any complaint that has been filed within the Standstill Period, the Employer shall notify the successful Bidder, in writing, that its Bid has been accepted. The notification of award (hereinafter and in the Contract Forms called the “Letter of Acceptance”) shall specify the sum that the Employer will pay the Contractor in consideration of the execution of the contract (hereinafter and in the Conditions of Contract and Contract Forms called “the Contract Price”).
    2. Within ten (10) Business Days after the date of transmission of the Letter of Acceptance, the Employer shall publish the Contract Award Notice which shall contain, at a minimum, the following information:
  2. name and address of the Employer;
  3. name and reference number of the contract being awarded, and the selection method used;
  4. names of all Bidders that submitted Bids, and their Bid prices as read out at Bid opening, and as evaluated;
  5. names of all Bidders whose Bids were rejected either as nonresponsive or as not meeting qualification criteria, or were not evaluated, with the reasons therefor;
  6. the name of the successful Bidder, the final total contract price, the contract duration and a summary of its scope; and
  7. successful Bidder’s Beneficial Ownership Disclosure Form.
    1. The Contract Award Notice shall be published on the Employer’s website with free access if available, or in at least one newspaper of national circulation in the Employer’s Country, or in the official gazette.
    2. Until a formal contract is prepared and executed, the Letter of Acceptance shall constitute a binding Contract

 

  1. Debriefing by the Employer
    1. On receipt of the Employer’s Notification of Intention to Award referred to in ITB 42, an unsuccessful Bidder has three (3) Business Days to make a written request to the Employer for a debriefing. The Employer shall provide a debriefing to all unsuccessful Bidders whose request is received within this deadline.
    2. Where a request for debriefing is received within the deadline, the Employer shall provide a debriefing within five (5) Business Days, unless the Employer decides, for justifiable reasons, to provide the debriefing outside this timeframe. In that case, the standstill period shall automatically be extended until five (5) Business Days after such debriefing is provided.  If more than one debriefing is so delayed, the standstill period shall not end earlier than five (5) Business Days after the last debriefing takes place. The Employer shall promptly inform, by the quickest means available, all Bidders of the extended standstill period.
    3. Where a request for debriefing is received by the Employer later than the three (3)-Business Day deadline, the Employer should provide the debriefing as soon as practicable, and normally no later than fifteen (15) Business Days from the date of publication of Public Notice of Award of contract. Requests for debriefing received outside the three (3)-day deadline shall not lead to extension of the standstill period. 
    4. Debriefings of unsuccessful Bidders may be done in writing or verbally. The Bidder shall bear their own costs of attending such a debriefing meeting.

 

  1. Signing of Contract
    1. The Employer shall send to the successful Bidder the Letter of Acceptance including the Contract Agreement, and a request to submit the Beneficial Ownership Disclosure Form providing additional information on its beneficial ownership. The Beneficial Ownership Disclosure Form shall be submitted within eight (8) Business Days of receiving this request.
    2. The successful Bidder shall sign, date and return to the Employer, the Contract Agreement within twenty-eight (28) days of its receipt.
    3. Notwithstanding ITB 46.2 above, in case signing of the Contract Agreement is prevented by any export restrictions attributable to the Employer, to the country of the Employer, or to the use of the Plant and Installation Services to be supplied, where such export restrictions arise from trade regulations from a country supplying those Plant and Installation Services, the Bidder shall not be bound by its Bid, always provided, however, that the Bidder can demonstrate to the satisfaction of the Employer and of the Bank that signing of the Contact Agreement has not been prevented by any lack of diligence on the part of the Bidder in completing any formalities, including applying for permits, authorizations and licenses necessary for the export of the Plant and Installation Services under the terms of the Contract.

 

  1. Performance Security
    1. Within twenty-eight (28) days of the receipt of the Letter of Acceptance from the Employer, the successful Bidder shall furnish the Performance Security in accordance with the General Conditions GCC 13.3, subject to ITB 38, using for that purpose the Performance Security Form included in Section X, Contract Forms, or another form acceptable to the Employer.  If the Performance Security furnished by the successful Bidder is in the form of a bond, it shall be issued by a bonding or insurance company that has been determined by the successful Bidder to be acceptable to the Employer.  A foreign institution providing a bond shall have a correspondent financial institution located in the Employer’s Country, unless the Employer has agreed in writing that a correspondent financial institution is not required.
    2. Failure of the successful Bidder to submit the above-mentioned Performance Security or sign the Contract shall constitute sufficient grounds for the annulment of the award and forfeiture of the Bid Security.  In that event the Employer may award the Contract to the Bidder offering the next Most Advantageous Bid.

 

  1. Procurement Related Complaint
    1. The procedures for making a Procurement-related Complaint are as specified in the BDS.

 

 

 

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:

  • Gender Based Violence Action plan
  • Sexual Exploitation and Abuse (SEA) prevention and response action plan
  • Traffic Management Plan to ensure safety of local communities from construction traffic
  • Waste management plan

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:

  • Design, supply, installation, configuration and commissioning of all 13 x 11kV auto reclosers

and

The supply of the following components or services will be provided under the responsibility of the Employer:

  • Wooden structures and steel crossarms for each installation.
  • 11kV/230 16kVA single phase transformer for auxiliary supply with corresponding surge protection, LV MCB in pole mounted box.
  • Bypass 11kV gang switch
  • Earthing material for all 13 sites
    • Clamps
    • Earth spikes
    • Camo conductor
    • Lugs for camo conductor
    • Earthing wire
    • Conductive cement

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:

  1. Electronic copies of the bid shall also be submitted in Flash Drive in the technical proposal envelope.
  2. The price schedule in MS-Excel format shall be submitted, in a separate flash drive in the financial proposal envelope.  

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:

No.

Rated Criterion

Weight

Subfactors and weight

1

Specific Experience of bidder, capability and suitability of subcontractors

15

  • Relevant similar project experience [5]
  • Bidder capability, resources and delivery record [4]
  • Subcontractor suitability, experience and assigned scope [4]
  • Local/regional support and service capability [2]

2

Technical compliance and plant design solution

25

  • Compliance with and level of exceeding employer’s technical requirements [10]
  • Soundness of plant design basis and process solution efficiency [5]
  • Equipment selection, quality and standards compliance and superiority [5]
  • System integration, reliability, maintainability and operability exceeding generic standards [5]

3

Approach, Methodology, method statement and implementation plan

20

  • Execution approach, procurement and logistics plan [5]
  • Detailed method statement and installation sequence [5]
  • Implementation plan, interfaces and outage management [4]
  • Quality control, inspection, testing and commissioning strategy [3]
  • Risk management, safety, environmental and social controls [3]

4

Key personnel and project organization

20

  • Project manager qualifications, experience and availability [3]
  • Key technical personnel qualifications and relevant experience [7]
  • Project organization structure and reporting lines [3]
  • Clarity of roles, responsibilities and resource allocation [3]
  • Local/regional support and specialist backup [4]

5

Programme, schedule and delivery plan

5

  • Completeness and realism of programme [2]
  • Critical path, milestones and interface alignment [2]
  • Resource loading, float and recovery measures [1]

6

Cybersecurity risk management and innovation

5

  • Cybersecurity risk assessment and mitigation controls [2]
  • Protection of automation, control, communications and remote access systems [1]
  • Alignment with recognized industrial cybersecurity practices [1]
  • Innovation that improves safety, reliability or maintainability [1]

7

Training, documentation, warranties and lifecycle support

10

  • Training plan, content and knowledge transfer [3]
  • Operation and maintenance documentation [2]
  • Spare parts strategy and lifecycle support [3]
  • Warranty, after-sales service and defects liability support [2]

Total

100

 

Minimum Acceptable Score for Technical Proposal 

70

 

 

Note:

  1. Bidders who attain a score less than 70 shall not be considered for financial evaluation.
  2. Rated Criteria, including technical and non-price factors, will be assessed for bids that meet the minimum qualification requirements and pass the pass/fail evaluation stage. This assessment focuses not on meeting minimum standards, but on the extent to which bids exceed them by adding value to the contract and introducing innovations that enhance contract performance outcomes.

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:

  1. Deviation in Time for Completion: No
  2. Life cycle costs: the projected operating and maintenance costs during the life of the Facilities: No
  3. Functional Guarantees of the Facilities: No
  4. Work, services, facilities, etc., to be provided by the Employer: No

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:

  1. the terms of this Request for Proposal;
  2. the Client’s decision to award the contract.

 

 

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. Qualification

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.

  1. Evaluation of Technical Part

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%

  • Demonstrated experience of the bidder in successfully completing similar assignment
  • Relevance of previous projects in terms of plant type, capacity, complexity, technology, operating environment and contract scope.
  • Evidence of successful delivery within agreed time, cost, quality, safety and performance requirements.
  • Suitability, capability and experience of proposed subcontractors for their assigned scope of work.
  • Clarity of subcontractor roles, responsibilities, interfaces and reporting arrangements.
  • Evidence that subcontractors have the required technical qualifications, resources, certifications, equipment and specialist expertise.
  • Prior working relationship between the main bidder and proposed subcontractors, including evidence of successful collaboration on similar projects.
  • Availability of local or regional support, service capability, spare parts access and specialist backup during implementation and defects liability period.

2

Technical compliance and plant design solution

25%

  • Compliance with employer’s requirements;
  • process design basis; performance guarantees; equipment selection; system integration; reliability, maintainability and operability; interfaces with existing infrastructure;
  • compliance with applicable standards.

3

Approach, Methodology, method statement and implementation plan

20%

  • Clarity and completeness of execution approach procurement and logistics plan
  • installation sequence; construction methodology detailed method statement; implementation plan; quality control;
  • inspection and test plans
  • commissioning strategy;
  • outage/interface management;
  • Completeness of project risk management
  • safety, environmental & social risk controls.

4

Key personnel and project organization

20%

  • Qualifications,
  • relevant experience and availability of proposed personnel
  • strength of project management structure
  • clarity of roles and responsibilities
  •  experience in similar plant design, supply and installation contracts
  • Loca/regional support and specialist backup.

5

Programme, schedule and delivery plan

5%

  • Completeness of the programme
  • critical path identification
  • engineering, procurement, manufacturing, delivery, installation, testing and commissioning timelines
  • resource loading; milestone alignment; float and recovery measures.

6

Cybersecurity risk management and innovation

5%

  • Assessment and management of cyber risks affecting plant automation, control, communications, remote access, vendor access, software, firmware, data integrity and operational continuity;
  • alignment with recognized industrial control system cybersecurity practices;
  • practical innovations that reduce cyber risk without compromising plant safety, reliability or maintainability.
  • Compliance with cybersecurity requirements

7

Training, documentation, warranties and lifecycle support

10%

  • Completeness of training plan and content; operation and maintenance documentation;
  • spare parts strategy and warranty support; after-sales service; regional maintenance capability; defects liability support.

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.

 

  1. Evaluation of Financial Part

The following factors and methods will apply:

    1. Time Schedule

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.

 

    1. Life Cycle Costs

None

 

    1. Functional Guarantees of the Facilities

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.

 

 

    1.  Sustainable Procurement

None

 

    1. Work, services, facilities, etc., to be provided by the Employer

None

 

  1. Combined Evaluation

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

 

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

  • 2 contracts for Supply, Installation and commissioning of 11 to 33 kV auto-reclosers/circuit breakers in Sub-Sahara countries.

 

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:

  • Design, Supply, Installation, and Commissioning of at least two [2] of 11 to 33 kV auto-reclosers/circuit breakers within the last five [5] years; and
  •  At least one of the contracts shall have the complete scope of installation/integration to SCADA in a Sub-Sahara Africa

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:

  • Health and Safety on project areas and working areas
  • ESHS training of Contractor & local partners and staff; including induction training, health screening, training in correct use of PPEs, Project ESHS risks and hazards;
  • Waste management
  • Emergency Management

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:

  1. the Technical Part, and
  2. the Financial Part

In submitting our Bid, we make the following declarations:

  1. No reservations: We have examined and have no reservations to the bidding document, including Addenda issued in accordance with Instructions to Bidders (ITB 8);
  2. Eligibility: We meet the eligibility requirements and have no conflict of interest in accordance with ITB 4;
  3. Bid-Securing Declaration: We have not been suspended nor declared ineligible by the Employer based on execution of a Bid-Securing Declaration or Proposal-Securing Declaration in the Employer’s country in accordance with ITB 4.7;
  4. Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH): [select the appropriate option from (i) to (v) below and delete the others].

We [where JV, insert: “including any of our JV members”], and any of our subcontractors:

  1. [have not been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations.]
  2. [are subject to disqualification by the Bank for non-compliance with SEA/ SH obligations.]
  3. [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.]
  4. [had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations for a period of two years. We have subsequently provided and demonstrated that we have adequate capacity and commitment to comply with SEA and SH prevention and response obligations.]
  5. [had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations for a period of two years. We have attached documents demonstrating that we have adequate capacity and commitment to comply with SEA and SH prevention and response obligations.]
  1. Conformity: We offer to provide design, supply and installation services in conformity with the bidding document of the following: [insert a brief description of the Plant, Design, Supply and Installation Services]                                                                                                                                                                                                                                                                      ;
  2. Bid Validity: Our Bid shall be valid until [insert day, month and year in accordance with ITB 19.1], and it shall remain binding upon us and may be accepted at any time on or before this date;
  3. Performance Security: If our Bid is accepted, we commit to obtain a Performance Security in accordance with the bidding document;
  4. One Bid Per Bidder: We are not submitting any other Bid(s) as an individual Bidder, and we are not participating in any other Bid(s) as a Joint Venture member, and meet the requirements of ITB 4.3, other than alternative Bids submitted in accordance with ITB 13;
  5. Suspension and Debarment: We, along with any of our subcontractors, suppliers, consultants, manufacturers, or service providers for any part of the contract, are not subject to, and not controlled by any entity or individual that is subject to, a temporary suspension or a debarment imposed by the World Bank Group or a debarment imposed by the World Bank Group in accordance with the Agreement for Mutual Enforcement of Debarment Decisions between the World Bank and other development banks. Further, we are not ineligible under the Employer’s country laws or official regulations or pursuant to a decision of the United Nations Security Council;
  6. State-owned enterprise or institution: [select the appropriate option and delete the other] [We are not a state-owned enterprise or institution] / [We are a state-owned enterprise or institution but meet the requirements of ITB 4.6];
  7. Binding Contract: We understand that this Bid, together with your written acceptance thereof included in your Letter of Acceptance, shall constitute a binding contract between us, until a formal contract is prepared and executed;
  8. Not Bound to Accept: We understand that you are not bound to accept the lowest evaluated cost Bid, the Most Advantageous Bid or any other Bid that you may receive; and
  9. Fraud and Corruption: We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf engages in any type of Fraud and Corruption.

;

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.

 

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:

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

RAISING CONCERNS

If any person observes behavior that he/she believes may represent a violation of this Code of Conduct, or that otherwise concerns him/her, he/she should raise the issue promptly. This can be done in either of the following ways:

  1. Contact [enter name of the Contractor’s Social Expert with relevant experience in handling sexual exploitation, sexual abuse and sexual harassment cases, or if such person is not required under the Contract, another individual designated by the Contractor to handle these matters] in writing at this address [   ] or by telephone at [   ] or in person at [   ]; or
  2. Call [  ]  to reach the Contractor’s hotline (if any) and leave a message.

 

The person’s identity will be kept confidential, unless reporting of allegations is mandated by the country law. Anonymous complaints or allegations may also be submitted and will be given all due and appropriate consideration. We take seriously all reports of possible misconduct and will investigate and take appropriate action. We will provide warm referrals to service providers that may help support the person who experienced the alleged incident, as appropriate.

There will be no retaliation against any person who raises a concern in good faith about any behavior prohibited by this Code of Conduct.  Such retaliation would be a violation of this Code of Conduct. 

CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT

Any violation of this Code of Conduct by 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.

  1. Examples of sexual exploitation and abuse include, but are not limited to:

 

  1. Examples of sexual harassment in a work context

 

 

 

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

 

Equipment information

Name of manufacturer

 

Model and power rating

 

Capacity

 

Year of manufacture

Current status

Current location

 

 

Details of current commitments

 

 

 

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

 

 

 

 

Telephone

Contact name and title

 

Fax

Telex

Agreements

Details of rental / lease / manufacture agreements specific to the project

 

 

 

 

 

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

1.

 

2.

 

3.

 

…

 

 

 

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

  1. 1.

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]

  1. 2.

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]

  1. 3.

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]

  1. 4.

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]

  1.  

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

 

 

Position

 

Personnel information

Name

 

Date of birth

 

Professional qualifications

 

Present employment

Name of employer

 

 

Address of employer

 

 

Telephone

 

Contact (manager / personnel officer)

 

Fax

 

E-mail

 

Job title

 

Years with present employer

 

Summarize professional experience over the last 20 years, in reverse chronological order. Indicate particular technical and managerial experience relevant to the project.

From

To

Company / Project / Position / Relevant technical and management experience

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Proposed Subcontractors 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

 

 

Telecommunications equipment (data radios and antennas)

 

 

Overhead line construction

 

 

Protection and SCADA

 

 

 

 

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

 

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

 

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

4.  Bidder’s Year of Registration:

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

 

6.  Bidder’s Authorized Representative Information

     Name:

     Address:

     Telephone/Fax numbers:

     Email Address:

 

7. Attached are copies of original documents of

    Articles of Incorporation (or equivalent documents of constitution or association), and/or documents of registration of the legal entity named above, in accordance with 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:

  • Legal and financial autonomy
  • Operation under commercial law
  • Establishing that the Bidder is not under the supervision of the Employer

8. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership. The successful 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:

 

2.  JV’s Party legal name:

3.  JV’s Party Country of Registration:

4. JV’s Party Year of Registration:

 

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

 

6.  JV’s Party Authorized Representative Information

Name:

Address:

Telephone/Fax numbers:

Email Address:

 

7. Attached are copies of original documents of

    Articles of Incorporation (or equivalent documents of constitution or association), and/or registration documents of the legal entity named above, in accordance with 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)

 

 

Contract Identification: _________

Name of Employer: ____________

Address of Employer: __________

Matter in dispute: ______________

Party who initiated the dispute: ____

Status of dispute: ___________

 

 

 

Contract Identification:

Name of Employer:

Address of Employer:

Matter in dispute:

Party who initiated the dispute:

Status of dispute:

 

Litigation History in accordance with Section III, Evaluation and Qualification Criteria

        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]

 

 

 

 

 

 

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
(US$/month)

1.

 

 

 

 

 

2.

 

 

 

 

 

3.

 

 

 

 

 

4.

 

 

 

 

 

5.

 

 

 

 

 

etc.

 

 

 

 

 

 

 

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)

 

 

 

 

 

Total Liabilities (TL)

 

 

 

 

Net Worth (NW)

 

 

 

 

 

Current Assets (CA)

 

 

 

 

 

Current Liabilities (CL)

 

 

 

 

Information from Income Statement

Total Revenue (TR)

 

 

 

 

 

Profits Before Taxes (PBT)

 

 

 

 

 

 

 

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:

  1. Must reflect the financial situation of the Bidder or member to a JV, and not sister or parent companies
  2. Historic financial statements must be audited by a certified accountant
  3. Historic financial statements must be complete, including all notes to the financial statements
  4. Historic financial statements must correspond to accounting periods already completed and audited (no statements for partial periods shall be requested or accepted)

 

 

 

 

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)

1.

 

 

2.

 

 

3.

 

 

4.

 

 

 

 

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

 

______

 

______

 

Contract name:

Brief Description of the  contract performed by the Bidder:

Name of Employer:

Address:

 

_________

 

 

______

 

______

 

Contract name:

Brief Description of the  contract  performed by the Bidder:

Name of Employer:

Address:

 

_________

 

 

______

 

______

 

Contract name:

Brief Description of the   contract performed by the Bidder:

Name of Employer:

Address:

 

_________

 

 

______

 

______

 

Contract name:

Brief Description of the  contract performed by the Bidder:

Name of Employer:

Address:

 

_________

 

 

______

 

______

 

Contract name:

Brief Description of the   contract  performed by the Bidder:

Name of Employer:

Address:

 

_________

 

 

______

 

______

 

Contract name:

Brief Description of the   contract   performed by the Bidder:

Name of Employer:

Address:

 

_________

 

 

*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

 

_______________________________________

Award date

Completion date

 

_______________________________________

_______________________________________

 

 

 

Role in Contract

Prime Contractor

Member in
JV

 

Management Contractor

Subcontractor

 

Total contract amount

US$__________

If member in a JV or subcontractor, specify participation of total contract amount

 

______%

 

 

___________

 

US$_______

 

Employer’s Name:

 

_______________________________________

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:

 

Amount

_________________________________

Physical size

_________________________________

Complexity

_________________________________

Methods/Technology

_________________________________

Physical Production Rate

 

_________________________________

 

 

 

 

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

 

Total contract amount

US$________

If member in a JV or subcontractor, specify participation of total contract amount

 

__________%

 

_____________

 

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:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

        1. Key Requirement no 1 in accordance with 4.2 (c): __

____________________

Contract Identification

 

Award date

 

Completion date

 

Role in Contract

 

Prime Contractor

Member in
JV

Management Contractor

Subcontractor

Total Contract Amount

                                                          US$ ____________

Details of relevant experience

 

        1. Key Requirement no 2 in accordance with 4.2 (c): ______________________
        2. Key Requirement no 3 in accordance with 4.2 (c): ______________________

 

 

 

 

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:

  1. Bid Validity: Our Bid shall be valid until [insert day, month and year in accordance with ITB 19.1], and it shall remain binding upon us and may be accepted at any time on or before this date;
  2. Total Price: The total price of our Bid, excluding any discounts offered in item (f) below is: [Insert one of the options below as appropriate]

[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];

  1. Discounts: The discounts offered and the methodology for their application are:

(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];

  1. Commissions, gratuities and fees: We have paid, or will pay the following commissions, gratuities, or fees with respect to the Bidding process or execution of the Contract: [insert complete name of each Recipient, its full address, the reason for which each commission or gratuity was paid and the amount and currency of each such commission or gratuity].

   

Name of Recipient

Address

Reason

Amount

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

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

 

 

 

 

 

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)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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)

 

  1. Purpose
    1. The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement under Bank Investment Project Financing operations.
  2. Requirements
  1. The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders (applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-consultants, service providers or suppliers; any agents (whether declared or not); and any of their personnel, observe the highest standard of ethics during the procurement process, selection and contract execution of Bank-financed contracts, and refrain from Fraud and Corruption.
  2. To this end, the Bank:
  1. Defines, for the purposes of this provision, the terms set forth below as follows:
  1. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party;
  2. “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation;
  3. “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;
  4. “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;
  5. “obstructive practice” is:
  1. deliberately destroying, falsifying, altering, or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or
  2. acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under paragraph 2.2 e. below.
  1. Rejects a proposal for award if the Bank determines that the firm or individual recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/ or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question;
  2. In addition to the legal remedies set out in the relevant Legal Agreement, may take other appropriate actions, including declaring misprocurement, if the Bank determines at any time that representatives of the Borrower or of a recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the procurement process, selection and/or execution of the contract in question,  without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur, including by failing to inform the Bank in a timely manner at the time  they knew of the practices;
  3. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the Bank’s prevailing sanctions policies and procedures, may sanction a firm or individual, either indefinitely or for a stated period of time, including by publicly declaring such firm or individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract, financially or in any other manner;[9] (ii) to be a nominated[10] sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or otherwise to participate further in the preparation or implementation of any Bank-financed project;
  4. Requires that a clause be included in bidding/request for proposals documents and in contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers), consultants, contractors, and suppliers, and their sub-contractors, sub-consultants, service providers, suppliers, agents, personnel, permit the Bank to inspect[11] all accounts, records and other documents relating to the procurement process, selection and/or contract execution, and to have them audited by auditors appointed by the Bank.

 

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.

 

 

    1. Design

 

The following is to be done by the supplier.

  1. Prepare design report and drawings for the structure to replace existing auto-reclosers with fully remotely operated breakers. The same design to be also used in the proposed new sites. (One Standard Structure – To be used in all 13 structures).
  2. Design and install an earthing system where the earth resistance should be less than 5 ohms.
  3. Drawings to be approved by EEC prior to installation.
  4. Specify interface between pole mount Control Unit and Breaker
  5. Capture coordinates of the different points where the remotely controlled auto-reclosers will be installed and check for UHF signal availability in all the sites.
  6. Do frequency planning for UHF Data radios to be used for communication between SCADA – NCC and Control Unit.

Note: In certain instances, use the nearest substation with UMUX Interface.

    1. Procurement:

The following will have to be procured for the project.

Externally (Provided by supplier):

  1. 13 Remotely controlled auto recloser breakers, accessories, software and licencing. The general circuit breaker specification is included under ‘Specifications.’ This includes the Control Units and Switchgear.
  2. Data radios with UHF antennas (Depending on frequency planning) , accessories, software and licencing.
  3. Depending on interface between radios, control unit and breaker – supplier to provide interface cables and accessories.
  4. Single phase Power cables and accessories.
  5. 11kV Lightning arrestors
  6. labels – danger signs
  7. 11kV Isolating links
  8. Overhead line material and accessories

 

Internal (To be supplied by EEC).

  1. Procure D10 poles (10) limited to 4 structures per site with the relevant cross–arm depending on design.
  2. Earthing equipment for all 13 sites (camo conductor, spikes, clamps, lugs for camo conductor, conductive cement). Ensure earth resistance for site is less than 5 Ohms – depending on design.
  3. 13 of 16kVA single phase transformers, combi units, LV MCB, pole mounted boxes.
  4. ACSR overhead conductor Hare and Mink
    1. Installation and Commissioning

Construction (Supplier):     

  1. Dismantling of existing 13 structures where applicable.
  2. Erect the up the pole structure per site in all the identified 13 structures.
  3. Install, test and commission Auto recloser and mount control unit.
  4. String ACSR and install corresponding dropout fuses.
  5. Ensure all equipment in structure is properly earthed and take earth resistance for record keeping. (Earth resistance to be below 5 Ohms)
  6. Install, test and commission 16kVA transformers and corresponding MV LV equipment
  7. Recover old recloser for disposal / keeping as spare (to be done by EEC).
  8. Installation of bypass gang switch and structure (to be done by EEC).

 

Protection (bidder):

  1. Configure the breaker and prepare it for interface with the SCADA System.
  2. Ensure all analogue and digital points are ready for the SCADA department.
  3. Commission the breaker with the SCADA department.

 

Telecommunications (Supplier):

  1. Install Data radio with all accessories (Antenna, feeder cable, and interface to Control Unit) and ensure connectivity to NCC.
  2. Configure the Data radio.
  3. Commission link to NCC.
  4. Ensure all the radio equipment is properly earthed.

 

SCADA (Supplier):

  1. Build all the breakers in the main SCADA System together with EEC personnel.
  2. Mount Control Unit and configure it for remote operation to NCC.
  3. Ensure proper earthing of all SCADA equipment and provide power backup for Control Unit.
  4. Test and Commission the auto recloser to NCC with EEC personnel.
  5. Prepare final documentation for all the SCADA related equipment.
  6. Update the network diagram as per procedure for all new projects (to be done by EEC).
    1. Training

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).

  1. METHODOLOGY

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.

    1. Quality Assurance

 

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:

  1. Cold load pickup
  2. Source detector
  3. Combined overcurrent and earth fault auto-reclosing
  4. Directional phase overcurrent
  5. Directional sensitive earth fault
  6. Directional earth fault
  7. Loss of supply
  8. Zone sequence coordination
  9. Voltage and current unbalance
  10. Under-voltage and over voltage auto reclosing

 

3.4.5 Communication

The recloser control shall provide:

3.4.5.1 PMR Telecoms Integration

1 General Integration

  1. Turnkey Connectivity Responsibility: The Contractor shall be fully responsible for the complete end-to-end integration of each Pole-Mounted Recloser (PMR) into the Employer’s existing telecoms network via the DNP3 protocol over a 12.5 kHz licensed radio channel.

 

  1. Scope of Supply: The Contractor shall provide a fully operational, integrated telemetry solution. The Contractor’s scope of supply shall include all hardware, software, licenses, interfaces, and equipment required to establish communication between the PMR and the designated access point, with the sole exception of the physical radio frequency license.

 

2 Equipment and Hardware Requirements

  1. Telemetry Equipment Supply: If an existing Employer-owned Trio QB Access Point has the RF and protocol capacity to absorb the new PMR(s), the Contractor shall supply only the remote-end equipment. This includes, but is not limited to:
  2. Greenfield Access Point Provisions: If the Employer determines that existing Access Points cannot absorb the new PMR(s) due to capacity, bandwidth limitations or geographical line-of-sight constraints, the Contractor shall design and supply a completely new network node. In this scenario, the Contractor’s scope shall expand to include:

 

  1. Radio Frequency and Licensing
  1. Employer Responsibility: The Employer will retain ownership of the radio spectrum (400 – 430MHz). Should the Contractor’s network design or capacity calculations necessitate a new operating frequency, the Employer will undertake and finance the procurement of the new frequency license from the local regulatory authority.
  2. Contractor Responsibility: The Contractor must formally notify the Employer in writing during the engineering design phase if a new frequency or access point is required. The Contractor shall provide all technical data necessary for the Employer to file the regulatory spectrum application.

 

3.4.5.2 SCADA/Telemetry Integration

  1. General
    1. The Contractor shall be responsible for the telemetry configuration and commissioning of the PMR, aligned to the protocol requirements between the SCADA master and the PMR.
    2. The configuration shall align with the standard addressing requirements for each site
    3. The Controller/control panel shall have a Type M plug for 230VAC, to allow laptop use on-site.
  2. Protocols
    1. The protocol of communication shall be DNP3.0 (Subset Level 3) via the telecoms backbone.
    2. IEC 60870-5-101 and IEC 60870-5-104 shall be available options for client-server communication.
    3. The PMR controller shall be configurable for unsolicited communication or reporting to the master.
    4. The controller shall be configured for time synchronization with the master or where possible or practical via a GPS based local clock

 

  1. Interfaces/ Ports

 

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

 

  1. Cybersecurity

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.

 

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.

 

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).

 

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.

 

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:

  1. Hazardous materials must be stored in bunded areas;
  2.  Dust emissions shall be controlled to prevent nuisance beyond site boundaries;
  3.  Noise levels shall comply with national standards and approved working hours;
  4. All waste shall be segregated and disposed of at licensed facilities; and
  5. Fuel and oil spills shall be contained and remediated immediately. The CESMP shall define monitoring measures, thresholds, and corrective actions.

 

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:

  1. All works shall stop immediately in the affected area;
  2. The site shall be secured;
  3.  Relevant authorities shall be notified; and

Works shall only resume upon formal clearance.

  1. Workers shall be trained on recognizing and reporting chance finds.

 

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

  1.  

Tele-Communication Specialist

Diploma Electrical/Electronic Engineering;

10

  1.  

Protection Specialist

Diploma Electrical/Electronic Engineering;

10

  1.  

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:

 

 

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. Contract and Interpretation

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:

  1. words indicating one gender include all genders;
  2. words indicating the singular also include the plural and words indicating the plural also include the singular;
  3. provisions including the word “agree,” “agreed,” or “agreement” require the agreement to be recorded in writing;
  4. the word “tender” is synonymous with “Bid,” “tenderer,” with “Bidder,” and “tender documents” with “Bidding  Document,” and
  5. “written” or “in writing” means hand-written, type-written, printed or electronically made, and resulting in a permanent record.

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:

  1. in writing and delivered against receipt; and
  2. delivered, sent or transmitted to the address for the recipient’s communications as stated in the Contract Agreement.

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.

    1. The ruling language of the Contract shall be that stated in the PCC.
    2. The language for communications shall be the ruling language unless otherwise stated in the PCC.

6.    Fraud and Corruption

    1. The Bank requires compliance with the Bank’s Anti-Corruption Guidelines and its prevailing sanctions policies and procedures as set forth in the WBG’s Sanctions Framework, as set forth in Appendix B to the GCC.
    2. The Employer requires the Contractor to disclose any commissions or fees that may have been paid or are to be paid to agents or any other party with respect to the Bidding process or execution of the Contract. The information disclosed must include at least the name and address of the agent or other party, the amount and currency, and the purpose of the commission, gratuity or fee.
  1. Subject Matter of Contract

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.

 

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.

 

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:

      1. are affected or likely to be affected by the Contract; and
      2. may have an interest in the Contract.

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:

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

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.

 

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.

 

    
  1. Payment

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.

  1. Intellectual Property

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.

  1. Execution of the Facilities

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:

  1. persists in any misconduct or lack of care;
  2. carries out duties incompetently or negligently;
  3. fails to comply with any provision of the Contract;
  4. persists in any conduct which is prejudicial to safety, health, or the protection of the environment;
  5. based on reasonable evidence, is determined to have engaged in Fraud and Corruption during the execution of the Contract;
  6. has been recruited from the Employer’s Personnel in breach of GCC Sub-Clause 22.2.2;
  7. undertakes behaviour which breaches the Code of Conduct (ES), as applicable;

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:

  1. any deduction to their payment and the conditions of such deductions in accordance with the applicable laws or as stated in the Employer’s Requirements; and
  2. their liability to pay personal income taxes in the Country in respect of such of their salaries, wages, allowances and any benefits as are subject to tax under the laws of the Country for the time being in force.

The Contractor shall perform such duties in regard to such deductions thereof as may be imposed on him by such laws.

Where required by applicable Laws or as stated in the Employer’s Requirements, the Contractor 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:

  1. comply with all applicable health and safety regulations and laws;
  2. comply with all applicable health and safety obligations specified in the Contract;
  3. develop and implement procedures to establish and maintain a safe working environment without risk to health at all workplaces, machinery, equipment and processes under the control of the Contractor, including control measures for chemical, physical and biological substances and agents;
  4. provide health and safety training of the Contractor’s Personnel as appropriate and maintain training records;
  5. actively engage the Contractor’s Personnel in promoting understanding, and methods for, implementation of health and safety requirements, as well as in providing information to such personnel, and provision of personal protective equipment without expense to the personnel;
  6. put in place workplace processes for the Contractor’s  Personnel to report work situations that they believe are not safe or healthy, and to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health; Contractor’s Personnel who remove themselves from such work situations shall not be required to return to work until necessary remedial action to correct the situation has been taken. Such personnel shall not be retaliated against or otherwise subject to reprisal or negative action for such reporting or removal;
  7. in collaboration with local health authorities, ensure that medical staff, first aid facilities, sick bay and ambulance service are available at all times at the Site and at any accommodation for Contractor’s and Employer’s Personnel;
  8. appoint an accident prevention officer at the Site, responsible for maintaining safety and protection against accidents. This person shall be qualified for this responsibility and shall have the authority to issue instructions and take protective measures to prevent accidents. Throughout the performance of the Contract, the Contractor shall provide whatever is required by this person to exercise this responsibility and authority;
  9. put in place measures to avoid or minimize the potential for community exposure to water-borne, water-based, water-related, and vector-borne diseases;
  10. put in place measures to be implemented to avoid or minimize the spread of communicable diseases (including transfer of Sexually Transmitted Diseases or Infections (STDs), such as HIV virus) and non-communicable diseases associated with the Installation Services, taking into consideration differentiated exposure to and higher sensitivity of vulnerable groups. This includes taking measures to avoid or minimize the transmission of communicable diseases that may be associated with the influx of temporary or permanent Contract-related labor;
  11. have in place procedures for prevention, preparedness and response activities to be implemented in the case of an emergency event (i.e. an unanticipated incident, arising from both natural and man-made hazards, typically in the form of fire, explosions, leaks or spills, which may occur for a variety of different reasons including failure to implement operating procedures that are designed to prevent their occurrence, extreme weather or lack of early warning);
  12. collaborate, as applicable,  with the Employer’s Personnel, any other contractors employed by the Employer, and/or personnel of any legally constituted public authorities and private utility companies that are employed in carrying out, on or near the site, of any work not included in the Contract, in applying the health and safety requirements. This is without prejudice to the responsibility of the relevant entities  for the health and safety of their  own  personnel; and  
  13. put in place a system for regular review of health and safety performance and the working environment.

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:

      1. protect the environment (both on and off the Site); and
      2. limit damage and nuisance to people and property resulting from pollution, noise and other results of the Contractor’s operations and/ or activities.

The Contractor shall ensure that emissions, surface discharges, effluent and any other pollutants from the Contractor’s activities shall exceed neither the values indicated in the Employer’s Requirements, nor those prescribed by applicable laws.

In the event of damage to the environment, property and/or nuisance to people, on or off Site as a result of the Contractor’s operations, the Contractor shall agree with the 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:

  1. take all reasonable precautions, including fencing-off the area or site of the finding, to avoid further disturbance and prevent Contractor’s Personnel or other persons from removing or damaging any of these findings;
  2. as soon as practicable after discovery of any such finding, give a notice to the Project Manager, to give the Project Manager the opportunity to promptly inspect and/or investigate the finding before it is disturbed and to issue instructions for dealing with it;
  3. train relevant Contractor’s Personnel on the procedures for handling such findings; and
  4. implement any other action consistent with the requirements of the Employer’s Requirements and relevant laws.

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.

  1. Guarantees and Liabilities

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.

  1. Risk Distribution

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.

  1. Change in Contract Elements

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;

  1. the proposed change(s), and a description of the difference to the existing contract requirements;
  2. a full cost/benefit analysis of the proposed change(s) including a description and estimate of costs (including life cycle costs) the Employer may incur in implementing the value engineering proposal; and
  3. a description of any effect(s) of the change on performance/functionality.

The Employer may accept the value engineering proposal if the proposal demonstrates benefits that:

  1. accelerates the delivery period; or
  2. reduces the Contract Price or the life cycle costs to the Employer; or
  3. improves the quality, efficiency, safety or sustainability of the Facilities; or
  4. yields any other benefits to the Employer,

without compromising the necessary functions of the Facilities.

If the value engineering proposal is approved by the Employer and results in:

  1. a reduction of the Contract Price; the amount to be paid to the Contractor shall be the percentage specified in the PCC of the reduction in the Contract Price; or
  2. an increase in the Contract Price; but results in a reduction in life cycle costs due to any benefit described in (a) to (d) above, the amount to be paid to the Contractor shall be the full increase in the Contract Price.

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

  1. any delay on the part of a Subcontractor, provided such delay is due to a cause for which the Contractor himself would have been entitled to an extension of time under this sub-clause, or
  2. delays attributable to the Employer or caused by customs, or
  3. any other matter specifically mentioned in the Contract

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.

  1. Claims, Disputes and Arbitration

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:

  1. this fully detailed claim shall be considered as interim;
  2. the Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and/or amount claimed, and such further particulars as the Project Manager may reasonably require; and
  3. the Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.

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:

  1. the Parties fail to agree upon the appointment of the sole member of the DB by the date stated in the first paragraph of GCC Sub-Clause 46.1,
  2. either Party fails to nominate a member (for approval by the other Party) of a DB of three persons by such date,
  3. the Parties fail to agree upon the appointment of the third member (to act as chairman) of the DB by such date, or
  4. the Parties fail to agree upon the appointment of a replacement person within 42 days after the date on which the sole member or one of the three members declines to act or is unable to act as a result of death, disability, resignation or termination of appointment,

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.

  1. When appointing the Member, the Employer and the Contractor relied upon the Member’s representations that he/she is:has at least a bachelor’s degree in relevant disciplines such as law, engineering, construction management or contract management; 
  2. has at least ten years of experience in contract administration/management and dispute resolution, out of which at least five years of experience as an arbitrator or adjudicator in construction-related disputes;
  3. has received formal training as an adjudicator from an internationally recognized organization; 
  4. has experience and/or is knowledgeable in the type of work which the Contractor is to carry out under the Contract;
  5. has experience in the interpretation of construction and/or engineering contract documents; and
  6. is fluent in the language for communications defined in GCC Sub-Clause 5.3 (or the language as agreed between the Parties and the DB).

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)

  1. Purpose
    1. The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement under Bank Investment Project Financing operations.
  2. Requirements
  1. The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders (applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-consultants, service providers or suppliers; any agents (whether declared or not); and any of their personnel, observe the highest standard of ethics during the procurement process, selection and contract execution of Bank-financed contracts, and refrain from Fraud and Corruption.
  2. To this end, the Bank:
  1. Defines, for the purposes of this provision, the terms set forth below as follows:
  1. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party;
  2. “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation;
  3. “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;
  4. “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;
  5. “obstructive practice” is:
  1. deliberately destroying, falsifying, altering, or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or
  2. acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under paragraph 2.2 e. below.
  1. Rejects a proposal for award if the Bank determines that the firm or individual recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/ or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question;
  2. In addition to the legal remedies set out in the relevant Legal Agreement, may take other appropriate actions, including declaring misprocurement, if the Bank determines at any time that representatives of the Borrower or of a recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the procurement process, selection and/or execution of the contract in question, without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur, including by failing to inform the Bank in a timely manner at the time  they knew of the practices;
  3. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the Bank’s prevailing sanctions policies and procedures, may sanction a firm or individual, either indefinitely or for a stated period of time, including by publicly declaring such firm or individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract, financially or in any other manner;[15] (ii) to be a nominated[16] sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or otherwise to participate further in the preparation or implementation of any Bank-financed project;
  4. Requires that a clause be included in bidding/request for proposals documents and in contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers), consultants, contractors, and suppliers, and their sub-contractors, sub-consultants, service providers, suppliers, agents, personnel, permit the Bank to inspect[17] all accounts, records and other documents relating to the procurement process, selection and/or contract execution, and to have them audited by auditors appointed by the Bank.

 

 

APPENDIX C

Metrics for Progress Reports- Environmental and Social (ES)

Metrics for regular reporting:

          1. environmental incidents or non-compliances with contract requirements, including contamination, pollution or damage to ground or water supplies;
          2. health and safety incidents, accidents, injuries that require treatment and all fatalities;
          3. interactions with regulators:  identify agency, dates, subjects, outcomes (report the negative if none);
          4. status of all permits and agreements:
  2. work permits: number required, number received, actions taken for those not received;
  3. status of permits and consents:
  1. safety officer: number days worked, number of full inspections & partial inspections, reports to construction/project management;
  2. number of workers, work hours, metric of PPE use (percentage of workers with full personal protection equipment (PPE), partial, etc.), worker violations observed (by type of violation, PPE or otherwise), warnings given, repeat warnings given, follow-up actions taken (if any);
          1. worker accommodations:
  1. number of expats housed in accommodations, number of locals;
  2. date of last inspection, and highlights of inspection including status of accommodations’ compliance with national and local law and good practice, including sanitation, space, etc.;
  3. actions taken to recommend/require improved conditions, or to improve conditions.
          1. Health services: provider of health services, information and/or training, location of clinic, number of non-safety disease or illness treatments and diagnoses (no names to be provided);
          2. gender (for expats and locals separately): number of female workers, percentage of workforce, gender issues raised and dealt with (cross-reference grievances or other sections as needed);
          3. training:
  1. number of new workers, number receiving induction training, dates of induction training;
  2. number and dates of toolbox talks, number of workers receiving Occupational Health and Safety (OHS), environmental and social training;
  3. number and dates of communicable diseases (including STDs) sensitization and/or training, no. workers receiving training (in the reporting period and in the past); same questions for gender sensitization, flag person training.
  4. number and date of SEA prevention and SH sensitization and/or training events, including number of workers receiving training on Code of Conduct for Contractor’s Personnel (in the reporting period and in the past), etc.
          1. environmental and social supervision:
  1. environmental: days worked, areas inspected and numbers of inspections of each (road section, work camp, accommodations, quarries, borrow areas, spoil areas, swamps, forest crossings, etc.), highlights of activities/findings (including violations of environmental and/or social best practices, actions taken), reports to environmental and/or social specialist/construction/site management;
  2. social: days worked, number of partial and full site inspections (by area: road section, work camp, accommodations, quarries, borrow areas, spoil areas, clinic, HIV/AIDS center, community centers, etc.), highlights of activities (including violations of environmental and/or social requirements observed, actions taken), reports to environmental and/or social specialist/construction/site management; and
  3. community liaison person(s): days worked (hours community center open), number of people met, highlights of activities (issues raised, etc.), reports to environmental and/or social specialist /construction/site management.
          1. Grievances: list new grievances (e.g., number of allegations of SEA and SH) received in the reporting period and number of unresolved past grievances by date received, complainant’s age and sex, how received, to whom referred to for action, resolution and date (if completed), data resolution reported to complainant, any required follow-up (Cross-reference other sections as needed):
  1. Worker grievances;
  2. Community grievances
          1. Traffic, road safety and vehicles/equipment:
  1. traffic and road safety incidents and accidents involving project vehicles & equipment: provide date, location, damage, cause, follow-up;
  2. traffic and road safety incidents and accidents involving non-project vehicles or property (also reported under immediate metrics): provide date, location, damage, cause, follow-up;
  3. overall condition of vehicles/equipment (subjective judgment by environmentalist); non-routine repairs and maintenance needed to improve safety and/or environmental performance (to control smoke, etc.).
          1. Environmental mitigations and issues (what has been done):
  1. erosion control: controls implemented by location, status of water crossings, environmentalist inspections and results, actions taken to resolve issues, emergency repairs needed to control erosion/sedimentation;
  2. spill clean-ups, if any:  material spilled, location, amount, actions taken, material disposal (report all spills that result in water or soil contamination;
  3. waste management: types and quantities generated and managed, including amount taken offsite (and by whom) or reused/recycled/disposed on-site;
  4. details of tree plantings and other mitigations required undertaken in the reporting period;
          1. compliance:
  1. compliance status for conditions of all relevant consents/permits, for the Work, etc.): statement of compliance or listing of issues and actions taken (or to be taken) to reach compliance;
  2. compliance status of C-ESMP/ESIP requirements: statement of compliance or listing of issues and actions taken (or to be taken) to reach compliance
  3. compliance status of SEA and SH prevention and response action plan: statement of compliance or listing of issues and actions taken (or to be taken) to reach compliance
  4. compliance status of Health and Safety Management Plan re: statement of compliance or listing of issues and actions taken (or to be taken) to reach compliance
  5. other unresolved issues from previous reporting periods related to environmental and social: continued violations, continued failure of equipment, continued lack of vehicle covers, spills not dealt with, continued compensation or blasting issues, etc.  Cross-reference other sections as needed.

 

 

 

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:

  • The 11kV auto recloser must utilize vacuum interruption and be insulated with solid dielectrics.
  • The use of SF (Sulfur Hexafluoride) gas or insulating oils is strictly prohibited to minimize global warming potential and eliminate hazardous leaks.
  • The recloser manufacturing process shall be comply with the standard ISO 9001, Quality Management System.
  • The Recloser packaging material shall be recyclable.
  • The recloser shall be almost maintenance free throughout its life expectancy.

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:

  • Effect on the Resource mobilization schedule
  • Effect on Risk Register
  • Effect on the payment schedule.

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:

  1. request a debriefing in relation to the evaluation of your Bid, and/or
  2. submit a Procurement-related Complaint in relation to the decision to award the contract.
  1. The successful Bidder

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]

  1. Other Bidders [INSTRUCTIONS: insert names of all Bidders that submitted a Bid, Bid prices as read out and evaluated, technical scores and  combined scores.]

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]

  1. Reason/s why your Bid was unsuccessful[Delete if the combined score already reveals the reason]

[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.]

  1. How to request a debriefing

DEADLINE: The deadline to request a debriefing expires at midnight on [insert date] (local time).

You may request a debriefing in relation to the results of the evaluation of your 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.

  1. How to make a complaint

DEADLINE::  The deadline for submitting a Procurement-related Complaint challenging the decision to award the contract expires on midnight, [insert date] (local time).

Provide the contract name, reference number, name of the 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:

  1. You must be an ‘interested party’. In this case, that means a Bidder who submitted a Bid in this procurement and is the recipient of a Notification of Intention to Award.
  2. The complaint can only challenge the decision to award the contract.
  3. You must submit the complaint within the deadline stated above.
  4. You must include, in your complaint, all of the information required by the Procurement Regulations (as described in Annex III).
  1. Standstill Period

DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local time).

The Standstill Period lasts ten (10) Business Days after the date of transmission of this Notification of Intention to Award.

The Standstill Period may be extended. This may happen where we are unable to provide a debriefing within the five (5) Business Day deadline. If this happens we will notify you of the extension

If you have any questions regarding this Notification please do not hesitate to contact us.

On behalf of the Employer:

Signature:        ______________________________________________

Name:               ______________________________________________

Title/position: ______________________________________________

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:

  • directly or indirectly holding 25% or more of the shares
  • directly or indirectly holding 25% or more of the voting rights
  • directly or indirectly having the right to appoint a majority of the board of directors or equivalent governing body of the Bidder


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. the ES Management Strategies and Implementation Plans; and
      2. Code of Conduct for Contractor’s Personnel (ES).
      3. The SEA/SH prevention and Response Plan
      4. Project ESMF
      5. Project Labour Management

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.

 

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: ______________________.

    1. The address of the Contractor for notice purposes, pursuant to GCC 4.1 is: ________________________.

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.

    1. Reference in the Contract to any Appendix shall mean the Appendices attached hereto, and the Contract shall be read and construed accordingly.

 

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:

      1. For Supply:
  2. Three (3) copies of Contractor’s invoice certified by the Employer showing contract no., description of goods, quantity, unit price and total amount.
  3. Payment Authorization as per the specified format duly signed by the authorized official (s), designated by the Employer to operate the Line of Credit.
  4. Original and Six (6) copies of negotiable, clean, on-board bill of lading marked freight prepaid / Lorry Receipt and 6 copies of non-negotiable bill of lading / Lorry Receipt.
  5. Three (3) copies of Detailed Packing list identifying contents of each package.
  6. Insurance Policy/Certificate.
  7. Manufacturer’s / Supplier’s Warranty Certificate.
  8. Dispatch authorization issued by the employer with the factory inspection report.
  9. Certificate of origin.
      1. For Design Services and Installation Services:
  1. All Payments for the works in part or full shall be based upon measurements or otherwise as per the Contract. After excavation before filling the trench/holes, the Contractor shall take and record measurements in presence of the authorized representatives of the Employer.
  2. The Value of work executed shall be determined by the Employer. The Value of work executed shall comprise the value of the quantities of the items in the Price Bid.
  3. The Contractor seeking any payment shall submit to the Employer an Invoice with bills with the relevant approved measurement certificates and other requisite documents, duly signed by the site representatives of the Employer. The Employer will then verify the bills and approve for release of payment.

 

 

 

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

 

 

Six (6) Months

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

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)

  • Operational staff for witnessing works, arranging outages and supervision during network outages.

None

Facilities

Charge to Contractor (if any)

None

None

Works

Charge to Contractor (if any)

  • Dismantling of existing 11 kV infrastructure at all 13 sites
  • Dismantling of existing 11 kV infrastructure at all 13 sites                                            

None

Supplies

Charge to Contractor (if any)

  • 4 D10/11 poles per site and corresponding steel cross arms
  • 13 x 16KVA 11/0.23kV transformers and corresponding MV surge arrestors, LV MCB in pole mounted box
  • Supply of Camo earthing conductor, clamps, spikes, lugs and conductive cement for all 13 sites

 

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:

      1. has used the advance payment for purposes other than the costs of mobilization in respect of the Facilities; or
      2.  has failed to repay the advance payment in accordance with the Contract conditions, specifying the amount which the Applicant has failed to repay.

A demand under this guarantee may be presented as from the presentation to the Guarantor of a certificate from the Beneficiary’s bank stating that the advance payment referred to above has been credited to the Applicant on its account number ___________ at _________________..

 

The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the Applicant as 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":"OP00462443","notice_type":"Request for Expression of Interest","noticedate":"18-Aug-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-08-31T00:00:00Z","submission_deadline_time":"17:00","project_ctry_name":"Pacific 1","project_id":"P506422","project_name":"FSM and RMI: Implementation Capacity for Transformative Results (IMPACT)","bid_reference_no":"FM-DOFA-567189-CS-INDV","bid_description":"Procurement Specialist 1","procurement_group":"CS","procurement_method_code":"INDV","procurement_method_name":"Individual Consultant Selection","contact_address":"FSM National Government PO Box PS 158 Palikir Pohnpei 96941","contact_ctry_name":"Micronesia, Federated States of","contact_email":"senny.phillip@gov.fm","contact_name":"Senny Phillip","contact_organization":"Department of Finance and Administration","contact_phone_no":"3202639","contact_web_url":"https://dofa.gov.fm/opportunity/","submission_date":"2026-08-18T00:00:00Z","notice_text":"

 

Government of the Federated States of Micronesia

Department of Finance & Administration

P.O Box PS158 Palikir, Pohnpei FM 96941

REQUEST FOR EXPRESSIONS OF INTEREST

(INDIVIDUAL CONSULTING SERVICES)

Country: FEDERATED STATES OF MICRONESIA 

 NAME OF PROJECT: FSM and RMI: Implementation Capacity for Transformative Results (IMPACT) (P506422)

GRANT NO.: IDA-E4570

ASSIGNMENT TITLE: Procurement Specialist

REFERENCE NO.: FM-DOFA-567189-CS-INDV

The Government of The Federated States of Micronesia (FSM) has received financing from the World Bank towards the cost of the Implementation Capacity for Transformative Results (IMPACT), and intends to apply parts of the proceeds for consulting services.

The consulting services (“the services”) include the Procurement Specialist Assignment. The consultancy duration is for eighteen (18) months starting from the contract commencement date. The objective of the assignment requires the Procurement Specialist to proactively work with all relevant Implementing Agencies (IAs), Project Implementing Agencies (PIUs), and all relevant Implementing Agencies (IAs), provide sound advice, facilitate procurement arrangements that successfully deliver procurements in a timely manner to achieve the Project Development Objectives. This will be undertaken in compliance with the appliable World Bank Procurement Regulations, the provisions of the project Financing Agreements, and the FSM National Government laws and Financial Management Regulations 2021.

The role includes capacity building of relevant staff within the CIU and PIUs. The PS will also be required to become familiar with portfolio related documents, including and not limited to the Procurement Plan, Financing Agreement, Project Appraisal Document, Project Procurement Strategy for Development (PPSD), and Project Operations Manuals.

The detailed Terms of Reference (TOR) for this assignment can be found at the following website: https://dofa.gov.fm, on this REOI, and can be obtained at the address given below.

The Department of Finance and Administration now invite eligible individuals (“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 a curriculum vitae and cover letter with description of experience in similar assignments, similar conditions. etc.).

The criteria for selecting the Consultant are:  

Mandatory:  

Desirable Requirements:  

Desirable

The attention of interested Consultants (including firms) is drawn to paragraph 3.14, 3.16 and 3.17 of the World Bank’s Procurement Regulations for IPF Borrowers Seventh Edition, September 2025 (“the Regulations”), setting forth the World Bank’s policy on conflict of interest.

 Further information can be obtained at the address below during office house 0800 to 1700s.

Expressions of interest must be delivered in a written form to the address below (in person, or by mail or by e-mail) by 5pm Pohnpei Time, August 31, 2026.

Secretary, FSM Department of Finance and Administration

Attn: Program Manager

P.O. BOX PS-158

Palikir, Pohnpei, FM 96941

Tel: (691)- 320-2639

E-mail: kwame.shiroya@dofa.gov.fm

And CC: ciu.dofa@gov.fm

 

TERMS OF REFERENCE

Procurement Specialist

Project

Implementation Capacity for Transformative Results (IMPACT)

Hiring Agency

Department of Finance and Administration (DOFA)

Location

Palikir, Pohnpei

Duration

18 months

Expected Start Date

October 1, 2026

BACKGROUND

The Government of the Federated States Micronesia (FSM) is receiving World Bank support to finance activities under the Implementation Capacity for Transformative Results (IMPACT) project. The objective of the project is to strengthen institutional capacity and enhance technical skills in project management of development financed projects.

A core feature of the implementation of existing World Bank projects in FSM is the role of the Central Implementation Unit (CIU). Based in DOFA, the CIU provides support in the following areas: procurement, financial management, environmental and social risk, and monitoring and evaluation (M&E). The CIU works with Project Implementing Units (PIUs) in each of the Implementing Agencies (IAs) involved in execution of World Bank projects.

The World Bank portfolio in the FSM has nine (9) active projects. The Procurement Specialist (PS) will support the nine (9) active projects below and any other additional projects that may be added during the duration of this contract.

  1. P161969 Project for Strengthening Public Financial Management (PFM).
  2. P170718 Digital FSM.
  3. P172225 Prioritized Road Investment and Management Enhancement Project (PRIME).
  4. P170173 Strategic Climate-Oriented Road Enhancements Project (SCORE).
  5. P176965 Skills and Employability Enhancement Project (SEEP).
  6. P178237 Pacific Regional Oceanscape Program – 2nd phase for Economic Resilience (PROPER) Project.
  7. P181253 Access and Renewable Increase for Sustainable Energy (ARISE)
  8. P181237 FSM Strengthening Public Financial Management II Project
  9. P506422 Implementation Capacity for Transformative Results Project (IMPACT)

ASSIGNMENT OBJECTIVE

As a member of the CIU, the PS is required to proactively work with all relevant IAs, and associated PIUs, providing sound advice, facilitating procurement arrangements that successfully deliver procurements in a timely manner to achieve the Project Development Objectives.

The PS is also expected to build the capacity of relevant staff within the CIU and PIUs on World Bank procurement guidelines/regulations, sourcing and contracting for more effective delivery of procurement activities.

 

SCOPE OF WORK

The PS, working together with procurement staff in the CIU (currently a national Procurement Officer), will be responsible for providing on demand procurement support and technical assistance to PIUs in their respective procurement implementation. This includes support to the IMPACT PIU in DOFA. This will be undertaken in compliance with the applicable World Bank Procurement Regulations, the provisions of the project Financing Agreements, and the FSM National Government laws and Financial Management Regulations 2021.

 

The PS will be required to become familiar with the portfolio related procurement documents, including and not limited to the Procurement Plan, Financing Agreement, Project Appraisal Document, Project Procurement Strategy for Development (PPSD) and Project Operations Manuals.

The PS will also assist the IAs in procurement-related training and provide day-to-day support to all IAs and PIUs in handling procurement tasks and issues. The position and contract require the individual to be fluent in spoken English and proficient in written English.

Under the overall coordination and supervision of the CIU Program Manager, the PS will be expected to carry out the following activities but not limited to:

Specific duties:

  1. PPSDs: Work jointly with the PIUs to prepare and update PPSDs. Liaise with PIUs to ensures that the PPSD for each project is updated every twelve (12) months in accordance with updated workplans.
  2. Procurement Plans: Work with Project Implementation Units (PIUs) to develop, update and efficiently execute procurement plans. Advise IAs on the sequencing of activities within procurement plans, and strategic sourcing for high-value or critical-path activities. Supports the development and updating of the procurement plan(s).

 

  1. Market Engagement: support PIUs to execute early market engagement activities for all high-value portfolio activities valued above US$10 million. At the request of the PIUs, review all tender/ notices to ensure compliance with the Standard Bidding Document (SBD) of the World Bank’s Procurement Regulations.
  2. Bidding Documentation: Advise on the appropriate bidding documents and support PIUs in the preparation and finalization of bidding documents (including requests for proposals) in coordination with engineering firms and technical teams. At the request of the PIUs, review all tender/ notices to ensure compliance with the Standard Bidding Document (SBD) of the World Bank’s Procurement Regulations.
  3. Process Administration: Support PIUs and IAs through the specific procurement stages, such as advertising notices, opening bids, and quality assurance on evaluation reports. Assists PIU’s/IAs throughout the procurement process for goods, works and non-consulting and consulting services according to project Procurement Plans and the applicable World Bank’s Procurement Guidelines/ Regulations and the National Government regulations, that includes:
  4. Contract Management: Support PIUs to draft contract documents and contract amendments / variations.
  5. Legal Compliance: Support the Department of Justice in contract routing to verify that all contractual terms strictly align with both FSM national laws and World Bank statutory requirements.
  6. Capacity building: Identify procurement and contract knowledge and skills gaps among CIU and PIU personnel and develop and implement targeted mentoring and training activities to address the gaps. Develops and implements a Capacity Building Strategy for all relevant staffs in the PIUs and IAs. This includes building the skills and capacity of the Procurement Officers. Provides procurement training to all IA consultants and other relevant stakeholders as required and guides, mentors and trains national procurement consultants and other relevant staff in procurement undertakings.
  7. Team Coordination: manage the delivery of CIU procurement support to PIUs, including supervising and coordinating the daily workflows of assigned to the CIU Procurement Officer.
  8. Ensures clear procurement procedures (meeting World Bank and government requirements) are documented and available to guide all PIUs and IAs in the Project Operating Manuals (POMs) / Standard Operating Procedures (SOP) and other documents as required.
  9. Monitors and tracks contracts being processed, provides quality assurance on any procurement related issues especially deviations from agreed procurement schedules or cost increases and resolves issues in a timely manner.
  10. At the request of the PIUs, advise Project Manager on how to respond in a timely fashion, to any bidder’s complaints including preparing draft responses to procurement complaints received.
  11. Liaise with World Bank HEIS and Design and Supervision Consultants implementing project procurement
  12. Participate in World Bank FSM project activities - ISM, CPPR, etc
  13. At the request of the PIUs, provide quality assurance for evaluation of bids/proposals, and the preparation of reports, more specifically:

Qualification, Skills and Experience Requirements

Mandatory

Desirable

 

Evaluation Criteria

CVs of all applicants will be evaluated as follows:

  1. All CVs will be scrutinized against the Mandatory requirements.
  2. The CVs of applicants that meet the mandatory requirements will then be scored according to the scoring criteria (below).
  3. The applicant with the highest score will be invited for an interview. 
  4. Referees of the selected applicant will be contacted to verify prior experience, performance, and character traits.
  5. Subject to verification of experience and performance, the applicant will be invited for contraction negotiations.

 

Scoring Criteria

Criteria

Score

Master’s degree or equivalent in Procurement, alternatively in Engineering, Law, Business Administration or Finance.

15

Professional qualification/certification in Procurement.

5

Minimum ten (10) years of experience in carrying out procurement duties in public sector organization or Donor financed projects.  Including experience in reviewing procurement bidding documents and evaluation reports.

30

Minimum of five (5) years of experience the use of procurement systems and practices in at least two (2) different countries, with at least one being a developing country.

10

Knowledge and experience of World Bank/MDBs procurement guidelines and/or regulations.

10

Experience in large civil works procurement, infrastructure projects including drafting of bidding documentation, preparation and administering of FIDIC contracts.

10

Experience with World Bank Systematic Tracking of Exchanges in Procurement (STEP).

10

Experience working in the pacific island countries and and/or similar remotely located Small Island Developing States (SIDS).

10

INSTITUTIONAL AND ORGANIZATION ARRANGEMENTS

The PS will be hired by the DOFA and will be posted to CIU, where office space, supplies equipment and facilities will be provided. The PS is required to follow DOFA’s working hours, but depending on the business needs the PS may be requested to work extended hours.

The duration will be for 18 months with the opportunity to extend based on performance and the availability of financing. The position is a full-time position to be located in Palikir, Pohnpei, Federated States of Micronesia and may require local travel to the other three states. 

The PS will report to the Program Manager CIU, DOFA.  The PS will be required to regularly attend PIU Offices in order to meet with Project Teams and the World Bank. The remuneration for the selected individual consultant will be based on the Renumeration Framework approved by DOFA for consultants working with Donor Funded Projects in FSM.

All CIU full-time personnel are not allowed to accept additional paid employment or otherwise provide services for any another organization. The Consultant must declare and provide a conflict-of-interest statement. The Consultant agrees to work on a full-time basis and not to undertake any other employment, consulting, or business activities that may conflict with its obligations to the Client or that may adversely affect their ability to perform the services.

KEY PERFORMANCE INDICATORS

Performance Indicator

Audience

Frequency

Data Source

Annual Procurement Plans: Ensure each project has a current (updated) and approved procurement plan in place before the start of each financial year

Project Managers and Project Implement Unit staff

Once a year (by August 15).

WB no objections to PP in STEP

Procurement Management: Submit monthly procurement status reports, including delays with individual consultancy procurements, to the Assistant Secretary and Program Manager.

Assistant Secretary / Program Manager

Monthly

Submitted report

Contracts management: Ensure the contracts’ register is up to date with the status of all contracts.

 

Assistant Secretary / Program Manager

Monthly

Submitted report

Capacity building: Onboard all new project managers and other PIU personnel with a general overview of the procurement regulations for World Bank funded projects.

New Project Managers and Project Implement Unit staff

As new hires join

Signed attendance sheet and onboarding presentation submitted to Assistant Secretary

 

 

"},{"id":"OP00459574","notice_type":"Request for Expression of Interest","noticedate":"29-Jul-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-08-13T00:00:00Z","submission_deadline_time":"17:00","project_ctry_name":"Southwest Indian Ocean","project_id":"P179293","project_name":"East Africa Girls' Empowerment and Resilience","bid_reference_no":"ET-AUC-559231-CS-INDV","bid_description":"Individual Consultant as Procurement Assistant","procurement_group":"CS","procurement_method_code":"INDV","procurement_method_name":"Individual Consultant Selection","contact_address":"Africa Union HeadquartersP.O.BOX 3243Tel: 251-11-5-517700webmaster: webmaster@africa-union.orgAddis","contact_ctry_name":"Ethiopia","contact_email":"MankeP@africa-union.org","contact_name":"Patrick Abdoulaye Man'ke","contact_organization":"Africa Union Commission","contact_phone_no":"251944131274","submission_date":"2026-07-29T00:00:00Z","notice_text":"

REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTING SERVICES – INDIVIDUAL CONSULTANT)

 

Country: Ethiopia

Name of Project: Eastern and Southern Africa Girls’ Empowerment and Resilience (EAGER) programme

Grant No: P179293

Assignment Title: Individual Consultant as Procurement Assistant

Reference No. ET-AUC-559231-CS-INDV

The African Union Commission has received financing from the World Bank toward the cost of Eastern and Southern Africa Girls’ Empowerment and Resilience (EAGER) programme and intends to apply part of the proceeds for consulting services.

The consulting services (“the Services”) include to provide logistics and administrative support to the EAGER Project team.  Specific tasks include:

 

 

The detailed Terms of Reference (TOR) for the assignment are attached to this Request for Expression of Interest.

The African Union Commission now invites eligible individuals (“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. The shortlisting criteria are:

    1. Qualifications

 

 

 

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. 

A Consultant will be selected in accordance with the Individual Consultant selection method set out in the Procurement Regulations.

Further information can be obtained at the address below during office hours i.e. 0900 to 1700 hours.

Expressions of interest must be delivered in a written form to the address below (in person, or by mail, or by e-mail) by 13 August 2026

 

African Union Commission,

Attn: Head of Supply Chain Management Division

Building C, 3rd Floor,

P.O Box 3243, Roosevelt Street

Addis Ababa, Ethiopia

Tel: +251 (0) 11 551 7700 – Ext 4305

Fax: +251 (0) 11 551 0442; +251 11-551-0430

E-mails: Tender@AfricanUnion.org

 

 

 

 

TERMS OF REFERENCE

 

PROCUREMENT ASSISTANT FOR THE IMPLEMENTATION OF THE EAST AND SOUTHERN AFRICA GIRLS' EMPOWERMENT AND RESILIENCE (EAGER) PROJECT

 

Ref: ET-AUC-559231-CS-INDV

_________________________________________________

 

  1. Background

 

The African Union Commission (AUC) and the World Bank Group have established a strategic partnership and an extensive collaboration in various areas over the past years. Following increased engagement between the Commission and the World Bank, existing collaborations and new programmes on gender equality and women’s empowerment (GEWE) have been established. In 2023, the AU and World Bank signed an agreement to implement the East and Southern Africa Girls’ Empowerment and Resilience (EAGER) Project, to be implemented from 2024 to 2029. The project provides a platform to directly collaborate with AU Member States across Eastern and Southern Africa on women and girls’ empowerment.

 

The EAGER project seeks to increase girls’ and women’s educational attainment and earnings and to strengthen the institutional capacity to implement gender equality policies. The programme components include boosting human capital accumulation, enabling access to productive employment, and building the enabling environment to generate change across both formal and informal institutions, including development of policies and regulatory frameworks, markets, and social norms that support the adoption of progressive gender equality reforms.

 

  1. Goals and Objectives

 

To provide logistics and administrative support to the EAGER Project team

 

  1. Scope of the Assignment

 

The Procurement Assistant will provide logistics and administrative support to the EAGER Project team. Key tasks will include:

 

 

 

  1. Deliverables

 

  1. Qualification and Experience

 

 

 

  1. Language Requirement

 

Proficiency in one AU working language (English, French, Arabic, Kiswahili, Portuguese, or Spanish) is required. Fluency in English is mandatory; knowledge of another AU language is an advantage.

 

  1. Duty Station

 

The Procurement Assistant is expected to be based in Addis Ababa, Ethiopia at the African Union Headquarters, specifically within the Women, Gender and Youth Directorate (WGYD). He/She shall avail time for any travel pertinent to EAGER as requested by the Women, Gender and Youth Directorate (WGYD), and/or the Department of Health, Humanitarian Affairs and Social Development (HHSD), and/or the African Union International Centre for Girls and Women’s Education in Africa (AUCIEFFA).

 

  1. Reporting and Supervision

 

The Procurement Assistant will report to the Regional Programme Coordinator and work under the supervision of the Women, Gender and Youth Directorate (WGYD) of the African Union Commission.

 

  1. Terms of Payment and Duration

 

The Procurement Assistant shall be remunerated based on experience and task load and will be guided by AUC considerations on equivalent professional level and rates. The contract will cover 12 months, with the possibility to extend based on successful performance.

 

 

 

"},{"id":"OP00454957","notice_type":"Request for Expression of Interest","noticedate":"22-Jul-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-08-07T00:00:00Z","submission_deadline_time":"04:30","project_ctry_name":"Caribbean","project_id":"P179210","project_name":"OECS- Skills and Innovation Project","bid_reference_no":"LC-OECS COMMISSION-558060-CS-QCBS","bid_description":"Consultancy Services: Independent Technical Assurance (ITA)","procurement_group":"CS","procurement_method_code":"QCBS","procurement_method_name":"Quality And Cost-Based Selection","contact_address":"P.O. Box 179 \nMorne Fortune \nCastries \nSaint Lucia","contact_ctry_name":"St. Lucia","contact_email":"francillia.solomon@oecs.int","contact_name":"Francilia Solomon","contact_organization":"Organization of Eastern Caribbean States Commission","contact_phone_no":"758-455-6300","submission_date":"2026-07-22T00:00:00Z","notice_text":"

ORGANISATION OF EASTERN CARIBBEAN STATES

REQUEST FOR EXPRESSIONS OF INTEREST

NAME OF PROJECT - OECS SKILLS AND INNOVATION PROJECT (SKIP)

GRANT NO.: E286

Assignment Title: Consultancy Services for an Independent Technical Assurance (ITA)

Reference No. LC-OECS COMMISSION-558060-CS-QCBS

 

The Organisation of Eastern Caribbean States (OECS) has received financing from the World Bank toward the cost of the OECS Skills and Innovation Project (SKIP) and intends to apply part of the proceeds to Consultancy Services for an Independent Technical Assurance (ITA).

The objectives of the consulting services (“the Services) are to provide independent, evidencebased technical validation of the existing builds (KTIP and Virtual Campus) and of the sourced EMIS DPG and its adaptation, and to provide feedback to the SDT on how to bring each platform to a regionallydeployable standard through an iterative cycle of review, recommendations, remediation, and signoff.

 

The OECS 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. The minimum required qualifications and experience are listed in section 8.0 of the TOR below.  The Qualifications and Experience of Key Experts shall not be included in the shortlisting criteria. Key Experts will not be evaluated at the shortlisting stage.

 

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 and (‘Procurement Regulations’), setting forth the World Bank’s policy on conflict of interest. 

To obtain the maximum degree of comparison among Expressions of Interest (EOIs) and facilitate the evaluation process, the EOI should be a maximum of 20 pages (including annexes) with the following information included below.  Any pages exceeding this limit will not be considered for evaluation or shortlisting.

 

 

Consultants may associate with other firms to enhance their qualifications, but should clearly indicate whether the association is a joint venture and/or a sub-consultancy. In the case of a joint venture, all partners shall be jointly and severally liable for the entire contract, if selected.

    

A Consultant will be selected in accordance with the Quality and Cost Based Selection (QCBS) method set out in the Procurement Regulations.

 

Further information can be obtained at the address below during office hours 08:30 a.m. – 4:30 p.m. (0830 to 1630 hours).

Organisation of Eastern Caribbean States

OECS Skills and Innovation Projects

P.O. Box 179
Morne Fortune
Castries
Saint Lucia
TEL: +1 758-455-6349/68

E-mail: procurement@oecs.int

An electronic copy of the Expressions of Interest must be sent by August 7, 2026, at 4:30 p.m. to:

Yasmine Anatole, Procurement Officer

At the following email address:

procurementbids@oecs.int

copied to: skip@oecs.int       

The email submissions should include the Firm's name and address and shall be clearly marked in the subject line as “Expression of Interest – Consultancy Services for an Independent Technical Assurance (ITA).”

The Terms of Reference for the Submission of Expressions of Interest for this consultancy are provided below.

 

 
  

 

 

 

 

 

TERMS OF REFERENCE

CONSULTANCY SERVICES FOR AN INDEPENDENT TECHNICAL ASSURANCE (ITA) FOR THE OECS SKILLS AND INNOVATION PROJECT (SKIP)

    

Terms of Reference

Independent Technical Assurance (ITA)

Consultancy

Technical Assurance and Iterative Validation of the KTIP, OECS Virtual Campus, and Regionally-Interoperable Post-Secondary EMIS Architecture under the OECS Skills and Innovation Project (SKIP)

Revised draft v 6— 22 June 2026

1. Background and Project Context

The OECS Skills and Innovation Project (SKIP) is a World Bank–financed regional operation implemented by the Organisation of Eastern Caribbean States (OECS) Commission and the participating OECS Member States of Grenada and Saint Lucia. The Project’s Development Objective (PDO) is to enhance youth transversal and advanced technical skills, strengthen regional collaboration in post-secondary education, and foster collaborative innovation across the OECS Member States.

The OECS SKIP is structured around four components:

Component 1 is designed to generate regional platforms, standards, and systems that benefit all nine OECS Member States and create economies of scale that individual countries cannot efficiently achieve on their own. Key activities under Component 1 include: (i) development of a regional strategic framework for postsecondary education; (ii) common learning standards and assessment tools for priority skills; (iii) harmonised standards for postsecondary faculty and institutional leadership; (iv) the OECS Virtual Campus; (v) the Knowledge, Technology and Innovation Platform (KTIP); and (vi) a regionally interoperable postsecondary Education Management Information System (EMIS) architecture.

1.1 Current state of the three Component 1 platforms

The three platforms that fall within the scope of this assignment are at materially different stages and follow materially different delivery models. The Independent Technical Assurance (ITA) Consultancy’s engagement is calibrated to those differences.

 

 

Across all three platforms, a prior technical assessment confirmed the viability of the chosen delivery approach but identified material risks related to scalability and performance at the regional level; integration across heterogeneous systems; production readiness; data governance and crosscountry compliance; and capacity constraints and longterm sustainability.

To mitigate these risks, the OECS Commission will engage a suitably qualified firm to serve as an Independent Technical Assurance Consultancy (ITA), providing independent technical assurance and certification across the lifecycle stages relevant to each platform, operating under the iterative reviewandvalidation model set out in Section 4.

Independence is a foundational requirement. The credibility of the ITA’s findings depends on a firm distinction between the ITA’s assurance role and the SDT’s development role. The ITA reviews and validates; the SDT implements. The ITA’s recommendations should specify what must be remediated and to what standard, with the implementation approach reserved for the SDT. This distinction, set out in detail in Section 4.1, Section 7, and Section 10, is foundational to the assignment and is nonnegotiable.

2. Objective and Role of the ITA

The objective of this assignment is to provide independent, evidencebased technical validation of the existing builds (KTIP and Virtual Campus) and of the sourced EMIS DPG and its adaptation, and to provide feedback to the SDT on how to bring each platform to a regionallydeployable standard through an iterative cycle of review, recommendations, remediation, and signoff.

2.1 Consolidated role description

The ITA shall act as a technical assurance and function across the full lifecycle of the three Component 1 platforms. The role comprises six discrete functions, all of which are exercised iteratively across the validation gates set out in Section 4.2:

This role description is the single, limited-scope document detailing the ITA’s functions. Subsequent sections elaborate the operational mechanics (Section 4), the phased activities (Section 5), and the institutional arrangements that support the role (Section 7).

 

3. Scope of Work

3.1 Platforms covered

The ITA shall provide technical assurance across the three SKIP Component 1 platforms and their integrations:

3.2 Differentiated assurance pathway by platform

Given the different starting positions of the three platforms, the ITA shall apply a differentiated assurance pathway, agreed in the Inception Report (D1). The pathways are articulated below; while KTIP and the Virtual Campus follow the same gate sequence, the substantive content of the review at each gate differs due to their distinct architectures and codebases.

Platform

Starting Position

ITA Pathway

KTIP

Existing SDT build, ~80% complete.

Baseline audit of existing KTIP build → Recommendations → SDT remediation → ITA revalidation & signoff → Predeployment certification → GoLive → Postdeployment review.

Virtual Campus (LearnBoard)

Existing SDT build, ~80% complete.

Baseline audit of existing Virtual Campus build against the approved Mobile Specification and target architecture → Recommendations → SDT remediation → ITA revalidation & signoff → Predeployment certification → GoLive → Postdeployment review.

Regional EMIS

To be sourced as a Digital Public Good (DPG); adaptation by SDT and partners.

DPG suitability & compliance validation → Recommendations on adaptation scope → SDT adaptation → ITA revalidation & signoff → Predeployment certification → GoLive → Postdeployment review.

 

The ITA’s role is to validate existing or sourced builds and to certify that successive remediation cycles have brought the three platforms to the required standard.

3.3 Integration scope- to ensure proper scope integration across the platforms, the ITA will seek to:

3.4 Assessment Dimensions: The ITA will undertake relevant assessments as follows:

A. Platform-Level

B. Documentation

The ITA shall assess the completeness, accuracy, and usability of technical and operational documentation associated with each platform, including:

Documentation completeness is assessed at the G2 Build Completion gate (Section 4.2), not at predeployment, so that any gaps identified can be remediated alongside other build issues.

C. DPG-Specific (EMIS only)

For the regional interoperable EMIS, the ITA shall review and assess:

D. Ecosystem-Level (System-of-Systems)

4. Technical Assurance Framework

4.1 Iterative ReviewandValidation Cycle

The ITA shall operate under an iterative reviewandvalidation cycle, applied on a per-platform basis. Each cycle consists of four steps and is the unit on which RBF approval for expenditures for the next tranche of activities proposed by the RPIU is structured:

Step 1 — Review. The ITA reviews the existing build (KTIP, Virtual Campus) or the sourced DPG and its adaptation (EMIS) against the agreed criteria for the cycle.

Step 2 — Recommendations. The ITA issues written recommendations to the SDT. Recommendations shall be scoped at the level of what must be remediated and to what standard, with clear acceptance criteria.

Step 3 — SDT implementation and testing. The SDT implements the recommendations and conducts its own internal testing. The SDT shall submit to the ITA a remediation evidence pack documenting the changes made, the testing performed, and the results obtained.

Step 4 — Revalidation and signoff. The ITA revalidates the platform against the acceptance criteria stated in its recommendations. Where the criteria are met, the ITA issues a written signoff for the build phase, thereby triggering approval of expenditures for the corresponding RBF tranche of RPIU activities. Where criteria are not met, the cycle returns to Step 2 with revised or supplementary recommendations.

Cycles are platformspecific. KTIP, the Virtual Campus, and the EMIS may proceed through their cycles in parallel or in different sequences, as agreed in the Inception Report.

Decoupling ITA fees from SDT performance. The ITA’s entitlement to its own contractual fees is determined by the delivery of each ITA deliverable (Section 6), not by whether the SDT achieves a positive signoff in any given cycle. A Remediation Required determination represents a completed and payable piece of ITA work as much as a Validated determination does. This separation is critical to the integrity of the assignment: the ITA’s fees must not depend on the speed or quality of the SDT’s remediation, since such dependence would create a structural incentive to issue premature positive signoffs. RBF approval of expenditures for the tranche of activities is to the RPIU, on the strength of ITA signoff; the ITA itself is paid on the OECS Commission’s acceptance of its determinations and reports per Section 6.

4.2 Validation Gates

Each platform progresses through a sequence of validation gates. The gates are eventbased: a gate is triggered when the SDT submits the corresponding deliverable package, not on a fixed calendar date. A mapping of the milestones and key dates will be presented during the inception meeting. The gates and their applicability per platform are as follows:

 

 

Gate

Trigger

Deliverable from SDT

ITA Role

Outcome on Sign-off

G1 — Baseline / DPG Validation

 

 

SDT presents the current build status pack (KTIP, VC) or DPG suitability assessment and adaptation plan (EMIS) at the point of ITA engagement.

Build status pack documenting work completed to date (KTIP, VC); DPG suitability assessment and adaptation plan (EMIS).

Review and acknowledge the baseline; confirm that the scope, architecture, and DPG positioning are consistent with the SKIP requirements, as documented in the project documents; record any observations to inform subsequent gates.

Baseline of record established. Expenditures for Tranche 1 of activities proposed by the RPIU are approved.

G2 — Architecture Lock-in & Pilot Validation

SDT submits an integrated build with pilot deployment in selected institutions across lead Member States, supported by load-testing evidence and pilot monitoring data.

Integrated build with technical and operational documentation; architecture specification proposed for lock-in; security, performance and load-testing results against agreed thresholds; pilot deployment in selected institutions with monitoring data over an agreed observation window; user acceptance testing outcomes from pilot sites.

Review, recommend, re-validate. Confirm architecture is fit for regional deployment and may be locked in; verify load and performance behaviour under realistic institutional conditions; certify pilot outcomes against acceptance criteria.

Architecture locked in. Expenditures for  Tranche 2 of activities proposed by the RPIU are approved.

G3 — Regional Go-Live & Post-Deployment

SDT submits the regional innovations deployment plan and proceeds with rollout across Member States.

Regional deployment evidence across the nine Member States; post-deployment monitoring data; operational handover documentation; sustainability and support arrangements.

Validate regional innovation deployment, conduct a final audit, and issue sustainability recommendations.

Regional go-live certified. Expenditures for the final tranche of activities proposed by the RPIU are approved.

 

Within each gate, the fourstep iterative cycle (Section 4.1) may be repeated as many times as is necessary for the platform to meet the acceptance criteria. The ITA shall not artificially compress the cycle, but recommendations and revalidations shall be issued within the timeliness windows set out in Section 4.3.

ITA mobilisation timing. Given that KTIP and the Virtual Campus are at approximately 80% completion, ITA mobilisation must take place as soon as practicable following procurement, and shall not be deferred to align with the EMIS DPG sourcing timeline. The OECS Commission RPIU shall ensure that the procurement schedule supports mobilisation in time for the first G1 baseline audit of KTIP and the Virtual Campus. Where ITA mobilisation cannot be completed in time for an applicable gate, the OECS Commission RPIU shall document the gap and either (a) defer the affected gate or (b) authorise SDT continuation under a documented risk acceptance, with ITA retrospective review at the next gate.

 

4.3 Decision Authority and Timeliness

At each validation point within a gate, the ITA shall issue one of the following determinations:

Review turnaround. The ITA shall issue its determination within 10 working days of receipt of the complete deliverable package or remediation evidence pack from the SDT. Where the ITA requires further information, the 10workingday clock pauses upon issuance of a written information request and resumes upon receipt. The SDT shall respond to ITA information requests within 5 working days. The OECS Commission recognises that the SDT operates as a volunteer regional network, and prolonged review periods materially affect the SDT’s ability to maintain delivery momentum.

Recommendations specificity. Each recommendation issued by the ITA shall include: (i) a clear statement of the issue identified; (ii) the standard or criterion that is not met; (iii) the acceptance criteria that the SDT’s remediation must satisfy; and (iv) the evidence required from the SDT to support revalidation. The ITA shall not issue findings that are nonspecific, that prescribe a particular implementation approach, or that require openended further review.

Dispute resolution. Where the OECS Commission RPIU or the SDT documents a goodfaith technical disagreement with a Remediation Required or Critical Issues determination, the RPIU may, with World Bank concurrence, refer the matter to an independent technical panel for a binding second opinion. The panel shall comprise three subjectmatter experts who have not previously been engaged on the Project, jointly nominated by the OECS Commission and the World Bank. The cost of the panel shall be borne by the Project. This mechanism does not extend to findings issued under the Escalation Protocol (Sec. 7.5).

5. Phased Activities

5.1 Inception, Baseline Audits, and DPG Validation

On mobilisation, and applied per platform, the ITA shall:

5.2 Iterative Review and Remediation Oversight

During the buildcompletion and integration stages, the ITA shall, per platform:

5.3 Testing, Validation, and Quality Assurance

Minimum benchmarks (to be refined at inception):

5.4 Data Governance and DPI Readiness

5.5 PreDeployment Certification and GoLive

No deployment shall proceed without ITA certification.

5.6 PostDeployment and Scale Readiness

6. Deliverables and Payment Structure

Each substantive deliverable is delivered per platform: KTIP, OECS Virtual Campus, and Regional Post-Secondary EMIS. The payment share for D2 through D6 is split across the three platforms, so that the ITA’s entitlement under any deliverable is contingent on completion of that deliverable for each platform to which it applies. D1 (Inception) and D5 (Final Audit) are single combined deliverables across all three platforms.

The ITA is paid for delivering its own determinations and reports. The ITA is not paid contingent on the SDT achieving a Validated outcome: a properlyissued Remediation Required or Critical Issues determination is a delivered piece of ITA work and is payable on the same basis as a Validated (or Validated with Recommendations) determination. Conversely, approval of expenditures for the RBF tranche of activities proposed by the RPIU is contingent on the ITA’s Validated or Validated with Recommendations signoff for the corresponding gate.

 

Ref

Deliverable

Description

Per Platform Share

Total Share

D1

Inception Report and Workplan

Single combined report covering KTIP, Virtual Campus, and EMIS: audit framework, scope confirmation, per-platform pathway, pilot scope and load-testing thresholds for G2, risk register, review schedule.

—

10%

D2a

G1 Baseline Validation Report — KTIP

Baseline audit of the existing KTIP build with determination per Sec. 4.3 and recommendations register.

5%

—

D2b

G1 Baseline Validation Report — Virtual Campus

Baseline audit of the existing Virtual Campus build with determination per Sec. 4.3 and recommendations register.

5%

—

D2c

G1 DPG & Adaptation Validation Report — EMIS

Validation of the DPG suitability assessment and the proposed adaptation scope with determination and recommendations register.

5%

D2 sub-total: 15%

D3a

G2 Architecture Lock-in & Pilot Validation Report — KTIP

Per-cycle audit reports across the G2 review-and-validation cycle: architecture review, load and performance testing review, security and UAT outcomes, pilot deployment validation across selected institutions, recommendations register, SDT remediation responses, re-validation outcome, sign-off determination, and architecture lock-in certification. This triggers the approval of SDT KTIP expenditures for tranche 2 activities.

13.33%

—

D3b

G2 Architecture Lock-in & Pilot Validation Report — Virtual Campus

Per-cycle audit reports across the G2 review-and-validation cycle: architecture review, load and performance testing review, security and UAT outcomes, pilot deployment validation across selected institutions, recommendations register, SDT remediation responses, re-validation outcome, sign-off determination, and architecture lock-in certification. This triggers the approval of SDT Virtual Campus expenditures for tranche 2 activities.

 

13.33%

—

D3c

G2 Architecture Lock-in & Pilot Validation Report — EMIS

Per-cycle audit reports across the G2 review-and-validation cycle: architecture review, load and performance testing review, security and UAT outcomes, pilot deployment validation across selected institutions, recommendations register, SDT remediation responses, re-validation outcome, sign-off determination, and architecture lock-in certification. This triggers the approval of SDT EMIS expenditures for tranche 2 activities.

13.34%

D3 sub-total: 40%

D4a

G3 Regional Go-Live & Post-Deployment Report — KTIP

Go / Conditional Go / No-Go certification for regional rollout; post-deployment stability and adoption findings; sustainability recommendations for KTIP. This triggers the approval of SDT KTIP expenditures for the final tranche.

 

8.33%

—

D4b

G3 Regional Go-Live & Post-Deployment Report — Virtual Campus

Go / Conditional Go / No-Go certification for regional rollout; post-deployment stability and adoption findings; sustainability recommendations for Virtual Campus. This triggers the approval of SDT Virtual Campus expenditure for the final tranche.

 

8.33%

—

D4c

G3 Regional Go-Live & Post-Deployment Report — EMIS

Go / Conditional Go / No-Go certification for regional rollout; post-deployment stability and adoption findings; sustainability recommendations for EMIS. This triggers the approval of SDT EMIS expenditures for the final tranche.

 

8.34%

D4 sub-total: 25%

D5

Final Audit Report

Single combined report across KTIP, Virtual Campus, and EMIS: scale readiness and sustainability recommendations across the regional deployment.

—

10%

Total contract value: 100%, comprising D1 (10%) + D2 (15%) + D3 (40%) + D4 (25%) + D5 (10%). The per-platform structure ensures that the ITA's payments are tied to completion of work on each named platform, rather than to a single global completion event that could be dominated by the slowest platform.

All deliverables shall be submitted in English using both Word and PDF formats.

 

7. Reporting and Institutional Arrangements

7.1 Reporting Line: The ITA shall report to the OECS Commission through the reporting line confirmed by the OECS Commission prior to contract effectiveness. The reporting arrangement shall preserve the ITA’s independence from the SDT and from any other unit of the OECS Commission whose work is subject to audit. For daytoday coordination, the ITA shall liaise with the RPIU Project Manager and/or the relevant Technical Specialists. The ITA reports to the Director General or his designee, who shall be confirmed in writing by the OECS Commission prior to the issuance of the request for proposals.

7.2 Independence and NonInterference: The ITA operates as an independent function. OECS Commission leadership commits to ensuring the ITA’s independence is protected and that no impediment is placed on the ITA’s access or on the integrity of its findings.

7.3 Constructive Engagement with the SDT: The iterative reviewandvalidation model requires the ITA to engage constructively with the SDT throughout each cycle. The ITA shall: (i) issue recommendations that are clear, specific, and actionable; (ii) make itself available for technical clarification discussions on the meaning and scope of its recommendations, without prescribing implementation; (iii) share draft determinations with the SDT before finalising, to allow opportunity to respond to or clarify factual matters; and (iv) maintain a working relationship oriented toward bringing each platform to the required standard. This constructive engagement does not affect independence; final conclusions, recommendations, and signoff determinations remain the ITA’s sole determination.

7.4 World Bank Interface: The ITA’s deliverables shall be submitted simultaneously to the OECS Commission and to the World Bank task team. The ITA may be requested to participate in project implementation support missions, midterm reviews, or technical briefings organised by the World Bank. Coordination on such requests shall be managed through the RPIU.

7.5 Escalation Protocol: If the ITA identifies a finding that poses a significant risk to the Project, including serious technical failure, system instability, security breaches or vulnerability, material deviation from approved design, data integrity breaches or risks, or misuse of project resources, the ITA shall notify the senior officer to whom it reports (Sec. 7.1) in writing within 5 working days. The OECS Commission shall acknowledge and advise on next steps within 5 working days. The SDT lead shall be notified at the same time as the senior officer to enable a timely operational response. The World Bank shall be informed within the same 5workingday window, accompanied by a brief contextual note from the OECS Commission RPIU where the RPIU determines such context is necessary for accurate interpretation of the finding. The provision of an RPIU contextual note shall not delay World Bank notification beyond 5 working days.

7.6 Access and Cooperation: OECS Commission staff and consultants, including members of the inhouse development team (i.e. SDT), are required to cooperate fully with the ITA and to provide timely access to all documentation, source code, test environments, development records, and personnel reasonably requested. As far as practicable, the OECS Commission shall invite the ITA to relevant technical meetings specific to design reviews, sprint reviews, testing sessions, and demonstrations. The ITA shall be granted readonly access to the inhouse team’s source code repositories, architecture documentation, test environments and logs, deployment pipelines, project management tools, and documentation repositories. The Project Manager in the RPIU shall respond to ITA information requests within 5 working days.

 

8. Qualifications and Staffing

The assignment shall be delivered by a firm. Individual consultancy arrangements are not permitted, in line with World Bank requirements for the assignment. The firm shall mobilise the key expert team set out in Section 8.2 and shall meet the firmlevel experience requirements set out in Section 8.1.

 

8.1 Firm-level qualifications and experience

The firm or consortium shall demonstrate the following at the proposal stage:

8.2 Key experts required

The firm shall propose the following five key expert positions. Each position must be filled by a separate qualified individual. The Team Leader shall be clearly identified throughout the proposal as the firm’s single named accountable individual for the assignment.

Team Leader / Senior Technical Auditor

The Team Leader is the firm’s single named accountable individual for the assignment, the primary author of the Inception Report (D1), the Final Audit Report (D7), and all gate signoff determinations, and the principal interlocutor with the OECS Commission and the World Bank.

Systems Architect / Integration Specialist

Cybersecurity and Data Protection Specialist

Testing and Quality Assurance Specialist

 

Digital Public Goods and EMIS Specialist

9. Duration and Level of Effort

The assignment is expected to commence in Q3 2026, subject to confirmation of the procurement schedule prior to the issuance of the request for proposals. Given that KTIP and the Virtual Campus are at approximately 80% completion, the procurement and mobilisation schedule shall be designed to support ITA mobilisation in time for the first G1 baseline audit, and a target mobilisation date shall be confirmed by the OECS Commission RPIU when issuing the request for proposals.

Total assignment duration is estimated at approximately 18 months from contract effectiveness, covering the iterative cycles, predeployment certification, and postdeployment stabilisation across all three platforms. Engagement on KTIP and the Virtual Campus shall conclude as each completes its postdeployment stabilisation gate; engagement on EMIS shall continue through its DPG adaptation, pilot, and stabilisation gates.

Total estimated level of effort (LOE) is approximately 110 to 130 working days. “Level of effort” refers to the total number of professional working days, aggregated across the firm’s key experts, that the firm is expected to expend in delivering the assignment. The LOE is not continuous: engagement is concentrated around platformspecific gates, iterative review cycles, testing phases, and reporting dates. The indicative LOE distribution is as follows:

Component

Indicative LOE (days)

Basis

Inception, baseline audits (KTIP, VC), DPG validation (EMIS)

20–25

Three platforms: two baseline audits of existing builds and one DPG suitability validation

Iterative reviewandvalidation cycles

35–40

Multiple cycles per platform; expected 2 cycles per platform between G1 and G3

Testing, validation, and security clearance

20–25

All three platforms

Predeployment certification and golive

15–20

Perplatform Go / NoGo decisions

Postdeployment monitoring and final audit

20–20

Stabilisation review and scaling recommendations

 

A detailed work plan, with the Level of Effort broken down by platform, by gate, and by expected number of cycles, shall be finalised in the Inception Report (D1) within 10 working days of contract effectiveness.

10. Ethical Standards, Independence, and Confidentiality

The ITA shall at all times:

Conflict of Interest Declaration. All members of the ITA team must submit a signed conflictofinterest declaration before the contract takes effect. Any new conflict arising during the assignment must be disclosed within five (5) working days.

11. Intellectual Property

All reports, audit plans, assessment notes, tools, checklists, and other materials produced under this assignment shall be the exclusive property of the OECS Commission. The ITA shall deliver copies of all working documentation upon request and upon contract completion. The ITA shall not retain, publish, or use these materials without prior written consent from the OECS Commission.

 

 

"},{"id":"OP00456824","notice_type":"Request for Expression of Interest","noticedate":"21-Jul-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-08-19T00:00:00Z","submission_deadline_time":"10:00","project_ctry_name":"Cambodia","project_id":"P510547","project_name":"Cambodia Regional Connectivity Improvement Project Phase 1","bid_reference_no":"KH-CRCI-MPWT-QCBS-01","bid_description":"Selecting Consultant firm for Implementation Support and Works Supervision for Output and Performance Based Roads Contracts","procurement_group":"CS","procurement_method_code":"QCBS","procurement_method_name":"Quality And Cost-Based Selection","contact_address":"Street 598, Sangkat Chrang Chamres 2, Khan Russey Keo, Phnom Penh, Cambodia","contact_ctry_name":"Cambodia","contact_email":"nan_ratana@yahoo.com","contact_name":"Nan Heng","contact_organization":"Ministry of Public Works and Transport (CRCI PMU)","contact_phone_no":"+855 12 517 777","submission_date":"2026-07-21T00:00:00Z","notice_text":"

Request for Express of Interest (REOI)

 

Consultancy Services for Implementation Support and Works Supervision for Output and Performance Based Roads Contracts under the Cambodia Regional Connectivity Improvement (CRCI) Project

(Firms Selection, Reference No. KH-CRCI-MPWT-QCBS-01)

1. The Ministry of Public Works and Transport (MPWT) of the Royal Government of Cambodia (RGC) has applied for financing support from the World Bank's (WB) International Development Association (IDA) to implement the Cambodia Regional Connectivity Improvement Project (CRCI) with and duration of six (6.5) years starting in early 2027. The CRCI consists of the following 4 components:

Component 1: Road Corridor Improvement

Component 2: Institutional Capacity Strengthening in Logistics and Trade Facilitation

Component 3: Phase 1 Project Management and Phase 2 Preparation

Component 4: Contingent Emergency Response

MPWT is responsible for overall technical supervision, execution and management of the Project.

The CRCI seeks to enhance transport connectivity along Cambodia’s segment of Asian Highway 21 (AH21), a key east-west corridor linking Cambodia and Viet Nam. Upgrading this section will promote economic growth in Cambodia’s northeastern provinces and strengthen trade relations with neighboring countries. The project aims to improve community road access to essential services, including health centers, referral hospitals, schools, and markets, by upgrading climate-resilient national roads. Additionally, it will lower transportation costs and mitigate risks of road disruptions, thereby supporting the efficiency of agricultural supply chains and promoting tourism development within the project area. The CRCI will use the Output and Performance Based Road Contract (OPBRC) approach to support upgrades, climate resilience, safety, and maintenance for parts of NR 64, NR 62, all of NR 9, and sections of NR 7.

2. The scope of services sought under this REOI covers Implementation Support and Works Supervision (ISWS) for activities associated with Component 1 (the civil works component), which includes the following tasks:

a) Supervision of four OPBRC packages of road rehabilitation work of 247km, covering NR 64 (chainage km 0 to km 92), NR 62 (chainage km 92 to km 112), and NR 9 (chainage km 113 to km 246), including ground works for the future installation of high-speed optical cable.

b) Monitoring the maintenance services of four OPBRC packages of 247km over full 4-year duration of the contract’s maintenance phase.

c) Provision of implementation and supervision support and related technical capacity building activities and provide Institutional Development and Project Management Support to MPWT.

The Rehabilitation Works for Phase 1 will be divided into four OPBRC packages, commencing at kilometer 19+800 of NR 64. The route traverses the eastern side of Siem Reap Province, connects to the NR62 section, covers the entire NR 9 in Preah Vihear Province, and proceeds to the NR7 section in Stung Treng Province.

The OPBRC contracts extend over a period of 6.5 years, comprising 2.5 years (30 months) allocated for rehabilitation activities, followed by 4 years (48 months) dedicated to maintenance.

The ISWS Consultant is expected to start the assignment in parallel with the first OPBRC Contractor, which is planned to be awarded by February 2027 and finalize the services after completion of 78-month period. The detailed Terms of Reference (TOR) for the assignment can be obtained at the address given below.

3. The CRCI 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. The shortlisting criteria are:

(i) Years of relevant experience (30%): The firm shall have at least ten (10) years of experience in supervising road improvement, rehabilitation, or construction works, and at least five (5) years of experience in supervising road maintenance works; such experience in Cambodia or other Southeast Asia countries is an advantage;

(ii) Experience in large road supervision contracts (35%): The firm shall have successfully completed at least three (3) assignments of comparable scope within the past ten (10) years, involving implementation support and/or supervision of road works with a civil works contract value of at least US$6.0 million each; Experience on at least two (2) projects financed by multilateral development banks or other international development partners is required.

(iii) Experience in supervising OPBRC (35 %): The firm shall have experience in comparable implementation support and supervision services (ISWS) for at least two (2) contracts involving road works and maintenance under design & build forms of contract (e.g., DBMOT, DBFOT, BOT, BOOT) or performance-based contracts; experience in ISWS for Output- and Performance-Based Road Contracts (OPBRC) is a strong advantage.

For each of the three criteria above, Consultants shall list relevant contracts separately, with a maximum of 15 contracts per criterion. If more than 15 references are submitted for any criterion, only the first 15 will be considered. No specific template is required for Contract/Project Data Sheets; however, each data sheet shall provide sufficient information for evaluation against the relevant criterion, including contract period, amount in USD equivalent, type of association such as joint venture or sub-consultancy and the applicant firm’s participation percentage, type of road contract supervised, financier, country, and a brief description of services. Consultants are responsible for providing complete information; no clarifications will be sought during evaluation.

Experience of sub-consultants and incomplete assignments will not be considered. References without dates or sufficient project details will not be counted. Qualifications of Key Experts or proposed staff will not be evaluated at the shortlisting stage. EOIs shall be submitted in English, and only shortlisted Consultants will be invited to submit full technical and financial proposals.

Firms shall provide evidence of satisfactory performance from previous clients for the assignments listed in the EOI, such as client performance reports and contact details. Consultants may associate with other firms to strengthen their qualifications but must clearly state whether the association is a joint venture and/or sub-consultancy. If selected as a joint venture, all partners shall be jointly and severally liable for the entire contract.

4. The detailed Terms of Reference (TOR) for the assignment can be found at the following link: https://drive.google.com/drive/folders/104QFdw-Xq7V4ZpnGdAY-oJB1c_eE4LAN, or can be obtained at the address given below.

5. Attention of interested Consultants is drawn to paragraphs 3.14, 3.16 and 3.17 of the World Bank’s Regulations - Procurement in Investment Project Financing - Goods, Works, Non-Consulting and Consulting Services (February 2025 edition), setting forth the World Bank’s policy on conflict of interest.

6. A consulting firm will be selected using the Quality- and Cost-Based Selection (QCBS) method in accordance with the applicable World Bank Procurement Regulations. Based on the submitted EOIs and the criteria above, five to eight best-qualified firms or associations will be shortlisted and invited to participate in the next stage of competition.

7. Further information can be obtained at the address below during office hours from 8.00 to 16.00, Monday to Friday.

8. Expression of interest must be delivered in a written form to the address below by email by 10:00 (Local time of Phnom Penh, Cambodia, GMT+7) of 19th August 2026.

 

Attention: H.E. Mr. Heng Nan,

Project Director / Secretary of State,

Ministry of Public Works and Transport,

Cambodia Regional Connectivity Improvement Project Office

Street 598, Sangkat Chrang Chamres 2, Khan Russey Keo, Phnom Penh, Cambodia.

Electronic mail address: crci.mpwt@gmail.com, and copy to nan_ratana@yahoo.com, naychamnang@yahoo.com, and svann985@gmail.com

"},{"id":"OP00457766","notice_type":"Request for Expression of Interest","noticedate":"21-Jul-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-08-05T00:00:00Z","submission_deadline_time":"17:00","project_ctry_name":"Southwest Indian Ocean","project_id":"P179293","project_name":"East Africa Girls' Empowerment and Resilience","bid_reference_no":"ET-AUC-561624-CS-INDV","bid_description":"Individual Consultant as Monitoring and Evaluation Assistant","procurement_group":"CS","procurement_method_code":"INDV","procurement_method_name":"Individual Consultant Selection","contact_address":"Africa Union HeadquartersP.O.BOX 3243Tel: 251-11-5-517700webmaster: webmaster@africa-union.orgAddis","contact_ctry_name":"Ethiopia","contact_email":"MankeP@africa-union.org","contact_name":"Patrick Abdoulaye Man'ke","contact_organization":"Africa Union Commission","contact_phone_no":"+251944131274","submission_date":"2026-07-21T00:00:00Z","notice_text":"

REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTING SERVICES – INDIVIDUAL CONSULTANT)

 

Country: Ethiopia

Name of Project: Eastern and Southern Africa Girls’ Empowerment and Resilience (EAGER) programme

Grant No: P179293

Assignment Title: Individual Consultant as Monitoring and Evaluation Assistant

Reference No. ET-AUC-561624-CS-INDV

The African Union Commission has received financing from the World Bank toward the cost of Eastern and Southern Africa Girls’ Empowerment and Resilience (EAGER) programme and intends to apply part of the proceeds for consulting services.

The consulting services (“the Services”) include maintaining and regularly updating M&E databases, tracking tools, and information management systems to ensure accurate and reliable programme records. Specific tasks include:

 

 

 

The detailed Terms of Reference (TOR) for the assignment are attached to this Request for Expression of Interest.

The African Union Commission now invites eligible individuals (“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. The shortlisting criteria are:

 

 

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. 

A Consultant will be selected in accordance with the Individual Consultant selection method set out in the Procurement Regulations.

Further information can be obtained at the address below during office hours i.e. 0900 to 1700 hours.

Expressions of interest must be delivered in a written form to the address below (in person, or by mail, or by e-mail) by 05 August 2026.

 

African Union Commission,

Attn: Head of Supply Chain Management Division

Building C, 3rd Floor,

P.O Box 3243, Roosevelt Street

Addis Ababa, Ethiopia

Tel: +251 (0) 11 551 7700 – Ext 4305

Fax: +251 (0) 11 551 0442; +251 11-551-0430

E-mails: Tender@AfricanUnion.org

 

 

 

 

 

 

TERMS OF REFERENCE

MONITORING AND EVALUATION ASSISTANT FOR THE IMPLEMENTATION OF THE EASTERN AND SOUTHERN AFRICA GIRLS' EMPOWERMENT AND RESILIENCE (EAGER) PROGRAMME

 

REF: ET-AUC-561624-CS-INDV

  1. Background

 

The African Union Commission (AU) and the World Bank Group have established a strategic partnership and an extensive collaboration in various areas over the past years. Following increased engagement between the Commission and the World Bank, existing collaborations and new programmes on gender equality and women’s empowerment (GEWE) have been established. In 2023, the AUC and World Bank signed an agreement to implement the East and Southern Africa Girls’ Empowerment and Resilience (EAGER) project, to be implemented from 2024 to 2029. The project provides a platform to directly collaborate with AU Member States across Eastern and Southern Africa on women and girls’ empowerment.

 

The EAGER project seeks to increase girls’ and women’s educational attainment and earnings and to strengthen the institutional capacity to implement gender equality policies. The project components include boosting human capital accumulation, enabling access to productive employment, and building the enabling environment to generate change across both formal and informal institutions including development of policies and regulatory frameworks, markets, and social norms that support the adoption of progressive gender equality reforms.

 

  1. Goals and Objectives

 

To maintain and regularly update M&E databases, tracking tools, and information management systems to ensure accurate and reliable programme records.

 

  1. Duty Station

 

The Monitoring and Evaluation Assistant is expected to be based in Addis Ababa, Ethiopia at the African Union Headquarters, specifically within the Women, Gender and Youth Directorate (WGYD). He/She shall avail time for any travel pertinent to EAGER as requested by the Women, Gender and Youth Directorate (WGYD), and/or the Department of Health, Humanitarian Affairs and Social Development (HHSD), and/or the African Union International Centre for Girls and Women’s Education in Africa (AUCIEFFA).

 

  1. Activities and Deliverables

 

The African Union Commission seeks the services of a qualified professional to execute the role of Monitoring and Evaluation Assistant.

 

    1. The Monitoring and Evaluation Assistant is responsible for:

 

  1. Designing and managing databases to store programme data and ensure accurate reporting.
  2. Maintaining and regularly updating M&E databases, tracking tools, and information management systems to ensure accurate and reliable programme records.
  3. Regularly collecting, compiling, analyzing, and synthesizing data and monitoring project progresses against established indicators and targets.
  4. Assisting in the administration of surveys, assessments, evaluations, and other data collection activities, including questionnaire preparation, data entry, and initial analysis.
  5. Maintaining organized records of M&E documents, reports, datasets, tools, and supporting evidence for audit and reporting purposes.
  6. Conducting regular data quality checks and support data verification exercises to ensure completeness, accuracy, consistency, and reliability of reported information
  7. Following up with implementing partners and relevant stakeholders on submission of required monitoring data and reporting information, under the guidance of the M&E Officer.
  8. Providing regular updates on programme achievements, challenges, and risks to program team and stakeholders
  9. Assisting the preparations of monitoring reports, dashboards, data visualizations, and other knowledge products
  10. Supporting the preparation of periodic project progress reports, including data summaries, indicator tracking tables, and supporting documentation for governance structures such as the Technical Working Group (TWG), Project Management Team (PMT), and Project Steering Committee (PSC).
  1. Supporting the organization of M&E-related meetings, workshops, training sessions, and learning events, including preparation of materials and documentation of proceedings.
  2. Supporting the documentation and dissemination of evaluation findings, lessons learned, and good practices.
  3. Coordinating routine communication with implementing partners and AU Member States regarding submission of monitoring data and reporting requirements.
  4. Supporting the operationalization of the AU Gender and Youth Observatory (AUGYO) through data management, documentation and reporting support.
  5. Performing any other related duties assigned by the supervisor.

 

    1. Deliverables

 

With guidance and under supervision of the Regional Programme Coordinator and working closely with the Monitoring and Evaluation Officer, the Monitoring and Evaluation Assistant will deliver, at a minimum, the following:

 

  1. Reporting and Supervision

 

The Monitoring and Evaluation Assistant will report to the Regional Programme Coordinator and work under the supervision of the Women, Gender and Youth Directorate (WGYD) of the African Union Commission.

 

  1. Qualifications and Work Experience Required

 

a) Bachelor’s degree in Monitoring and Evaluation, Statistics, Social Sciences, International Development, Economics, Development Studies, or a related field. A postgraduate qualification is an added advantage.

b) Minimum of three years of relevant experience supporting monitoring, evaluation, reporting, or data management functions within development, gender equality, education, or related programmes.

c) Demonstrated experience in data collection, data entry, data management, and preparation of monitoring reports.

d) Experience supporting the use of M&E tools, databases, tracking systems, and data visualization platforms.

e) Basic understanding of results-based management (RBM), monitoring frameworks, indicators, and reporting processes.

f) Knowledge and experience in collecting and managing gender-sensitive data and indicators is an advantage.

g) Strong analytical skills with the ability to organize, interpret, and present programme data in a clear and concise manner.

h) Good written and verbal communication skills, including experience in preparing reports, summaries, and documentation.

i) Experience working with development partners, government institutions, or international organizations, preferably within the African development context.

j) Proficiency in relevant data management and reporting tools (e.g., Excel, databases, data visualization tools, or other M&E information management systems).

 

  1. Language Requirement

 

The Monitoring and Evaluation Assistant should be proficient in English and at least one of the African Union working languages. Good command of French and/or Portuguese is an advantage. 

 

  1. Terms of Payment and Duration

 

The Monitoring and Evaluation Assistant shall be remunerated based on experience, task load and will be guided by AUC considerations on equivalent professional level and rates. The contract will cover a 12-month period, with the possibility to extend based on successful performance.

 

"},{"id":"OP00457809","notice_type":"Request for Expression of Interest","noticedate":"21-Jul-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-07-31T00:00:00Z","submission_deadline_time":"17:00","project_ctry_name":"Ukraine","project_id":"P508490","project_name":"Preparation of Resilient Projects to Advance Recovery of Ukraine (PREPARE Ukraine)","bid_reference_no":"PREPARE-C3-11","bid_description":"Procurement Specialist","procurement_group":"CS","procurement_method_code":"INDV","procurement_method_name":"Individual Consultant Selection","contact_address":"174 Antonovycha Street, Kyiv, Ukraine 03150","contact_ctry_name":"Ukraine","contact_email":"kyrylo.nishenko@gmail.com","contact_name":"Kyrylo Nishenko","contact_organization":"THE STATE ORGANIZATION “AGENCY ON SUPPORT PUBLIC-PRIVATE PARTNERSHIP”","contact_phone_no":"+380509801846","contact_web_url":"https://pppagency.gov.ua/uk/","submission_date":"2026-07-21T00:00:00Z","notice_text":"

REQUEST FOR EXPRESSIONS OF INTEREST (REOI)

CONSULTANT’S (INDIVIDUAL (CONSULTANT SELECTION – IC)

 

Country: Ukraine

Project Name: Preparation of Resilient Projects to Advance Recovery of Ukraine (PREPARE Ukraine)

Project No.: P508490

Grant No.: TF0C8992

Client: State Organization “Agency on support Public-Private Partnership”

Assignment Title: Procurement Specialist

Procurement Reference No. (as per Procurement Plan): PREPARE-C3-11

 

The Government of Ukraine (GoU) has established the Ukraine Government Project Preparation Facility (Ukraine Government PPF) to support preparation of public investment projects for Ukraine’s recovery and reconstruction under the State Organization “Agency on support Public-Private Partnership” (hereinafter - PPP Agency). The Ukraine Government PPF is supported by the World Bank Group (WBG) through the Project “Preparation of Resilient Projects to Advance Recovery of Ukraine” (PREPARE Ukraine)” (hereinafter referred to as the Project). PREPARE Ukraine is financed by grants from the Ukraine Relief, Recovery, Reconstruction, and Reform Trust Fund (URTF) administered by the World Bank. The Grant Agreement (URTF No. TF0C8992) for the initial tranche of $44.3 million was signed between Ukraine and the World Bank on July 10, 2025 from donor contributions, including the US, UK FCDO and other URTF donors.

PPP Agency is responsible for operation of the Ukraine Government PPF and implementation of the PREPARE Ukraine Project under general supervision of the Ministry of Economy, Environment and Agriculture of Ukraine (hereinafter – MoE) in line with the World Bank policies and requirements. Within the Ukraine Government PPF, PPP Agency’s functions include (i) preparation of public investment projects prioritized as part of the Ukraine’s public investment management (“PIM”) process, approved by the Strategic Investment Council (SIC), and submitted to the PPF/PPP Agency (hereinafter – Investments), and (ii) at the same time building the capacity of the GoU in preparing effective and bankable public investment projects that meet international standards, including those of the EU.

PPP Agency created a Project Implementation Unit (hereinafter – PIU) for day-to-day management of the Ukraine Government PPF activities and implementation of the PREPARE Ukraine Project, including disbursements, financial management, reporting and other Project related activities. PIU shall be responsible for performing all the activities and functions of the Ukraine Government PPF and reporting to the World Bank as well as general coordination of activities and reporting under the PREPARE Ukraine Project [through the MoE].

The need for the PPP Agency to engage consultants by purchasing their services is justified by the need for effective implementation of the Ukraine Government PPF activities funded under PREPARE Ukraine Project, defined general standards for operations, ensuring their universality and transparency, and facilitating and assisting the staff of the PPP Agency, as a Project participant, in the decision-making process.

PREPARE Ukraine Project is being implemented as the Investment Project Financing and is regulated by the Decree of the Cabinet of Ministers of Ukraine dated 27.01.2016 70 “On the procedure for the preparation, implementation, monitoring and completion of the implementation of economic and social development projects of Ukraine supported by international financial organizations”, other legal acts of the Cabinet of Ministers of Ukraine, Orders of MoE and Project documents: Project Operations Manual (POM), Environmental and Social Commitment Plan (ESCP), and Environmental and Social Management Framework (ESMF).

The Procurement Specialist will support and provide assistance to the PPP Agency on the procurement of mainly consulting services within the framework of the PREPARE Ukraine Project in line with the World Bank policies and requirements. This will include (i) preparation and regular updates of the Project Procurement Plan; (ii) preparation of Bidding Documents and assistance to the Tender Committee; (iii) monitoring the implementation of contracts with contractors; and (iv) planning, supervision and reporting on Project procurement.

The Procurement Specialist will perform the following tasks:

  1. Preparation and regular updates of the Project Procurement Plan;
  2. Preparation of Bidding Documents, Requests for Proposals, evaluation reports, draft Contracts and other procurement-related documents;
  3. Participation in preparation of Terms of References under the Project procurement;
  4. Provision regular assistance and clarifications to the Tender Committee, evaluation groups under the Project related procurement activities;
  5. Participation in contracts administration (preparation and review of amendment, variations, notices, etc.);
  6. Follow-up and assistance in other Project procurement activities;
  7. Planning, supervision and reporting on Project procurement;
  8. Maintain databases and archive all documentation on procurement under the Project;
  9. Organization of training, exchange of experience and study tours for MoE, PPP Agency and other main Project stakeholders;
  10. Performance of other tasks required under the Project.

The services shall be provided in the city of Kyiv (with the possibility of remote service provision) from the start of the implementation period for 1 calendar year (Approximately from 01 August 2026).

The detailed Terms of Reference (TOR) for the assignment are attached to this REOI.

 

The PPP Agency invites eligible consultants (the "Consultants") to express their interest in providing the Services. Eligible Consultants shall provide information confirming that they have the qualifications and experience required to perform the Services. The selection of most qualified and experienced Consultant for the assignment will be based on the following criteria:

The attention of interested Consultants is drawn to paragraphs 3.14, 3.16, and 3.17 of the World Bank’s Procurement Regulations for IPF Borrowers (September 2023 edition), setting forth the World Bank’s policy on conflict of interest.

A consultant will be selected under IC selection procedure as set out in the Procurement Regulations.

Further information can be obtained at the address below during office hours (09:00 to 17:00 Kyiv time).

CV must be delivered in English by e-mail no later than July 31, 2026 until 17:00 (Kyiv time) to:

State Organization “Agency on Support of Public-Private Partnership” (PPP Agency)

Attn: Procurement Team, PREPARE Project

E-mail: info@pppagency.me.gov.ua

Mandatory copy to: kyrylo.nishenko@gmail.com

Address: 174 Antonovycha St., Kyiv, 03150, Ukraine.

Expressions of interest should be submitted with the following topic: “PREPARE-C3-11: Procurement Specialist”.

            Attachment:

- Terms of Reference (ToR) – Procurement Specialist

 

Project Implementation Unit (PIU)

Procurement Specialist

Terms of Reference

 

1.BACKGROUND

The Government of Ukraine (GoU) has established the Ukraine Government Project Preparation Facility (Ukraine Government PPF) to support preparation of public investment projects for Ukraine’s recovery and reconstruction under the State Organization “Agency on support Public-Private Partnership” (hereinafter - PPP Agency). The Ukraine Government PPF is supported by the World Bank Group (WBG) through the Project “Preparation of Resilient Projects to Advance Recovery of Ukraine” (PREPARE Ukraine)” (hereinafter referred to as the Project). PREPARE Ukraine is financed by grants from the Ukraine Relief, Recovery, Reconstruction, and Reform Trust Fund (URTF) administered by the World Bank. The Grant Agreement (URTF No. TF0C8992) for the initial tranche of $44.3 million was signed between Ukraine and the World Bank on July 10, 2025 from donor contributions, including the US, UK FCDO and other URTF donors.

PPP Agency is responsible for operation of the Ukraine Government PPF and implementation of the PREPARE Ukraine Project under general supervision of the Ministry of Economy, Environment and Agriculture of Ukraine (hereinafter – MoE) in line with the World Bank policies and requirements. Within the Ukraine Government PPF, PPP Agency’s functions include (i) preparation of public investment projects prioritized as part of the Ukraine’s public investment management (“PIM”) process, approved by the Strategic Investment Council (SIC), and submitted to the PPF/PPP Agency (hereinafter – Investments), and (ii) at the same time building the capacity of the GoU in preparing effective and bankable public investment projects that meet international standards, including those of the EU.

PPP Agency created a Project Implementation Unit (hereinafter – PIU) for day-to-day management of the Ukraine Government PPF activities and implementation of the PREPARE Ukraine Project, including disbursements, financial management, reporting and other Project related activities. PIU shall be responsible for performing all the activities and functions of the Ukraine Government PPF and reporting to the World Bank as well as general coordination of activities and reporting under the PREPARE Ukraine Project [through the MoE].

The need for the PPP Agency to engage consultants by purchasing their services is justified by the need for effective implementation of the Ukraine Government PPF activities funded under PREPARE Ukraine Project, defined general standards for operations, ensuring their universality and transparency, and facilitating and assisting the staff of the PPP Agency, as a Project participant, in the decision-making process.

PREPARE Ukraine Project is being implemented as the Investment Project Financing and is regulated by the Decree of the Cabinet of Ministers of Ukraine dated 27.01.2016 70 “On the procedure for the preparation, implementation, monitoring and completion of the implementation of economic and social development projects of Ukraine supported by international financial organizations”, other legal acts of the Cabinet of Ministers of Ukraine, Orders of MoE and Project documents: Project Operations Manual (POM), Environmental and Social Commitment Plan (ESCP), and Environmental and Social Management Framework (ESMF).

2.OBJECTIVE

The Procurement Specialist will support and provide assistance to the PPP Agency on the procurement of mainly consulting services within the framework of the PREPARE Ukraine Project in line with the World Bank policies and requirements. This will include (i) preparation and regular updates of the Project Procurement Plan; (ii) preparation of Bidding Documents and assistance to the Tender Committee; (iii) monitoring the implementation of contracts with contractors; and (iv) planning, supervision and reporting on Project procurement.

3.SCOPE OF SERVICES

The Procurement Specialist will perform the following tasks:

  1. Preparation and regular updates of the Project Procurement Plan;
  2. Preparation of Bidding Documents, Requests for Proposals, evaluation reports, draft Contracts and other procurement-related documents;
  3. Participation in preparation of Terms of References under the Project procurement;
  4. Provision regular assistance and clarifications to the Tender Committee, evaluation groups under the Project related procurement activities;
  5. Participation in contracts administration (preparation and review of amendment, variations, notices, etc.);
  6. Follow-up and assistance in other Project procurement activities;
  7. Planning, supervision and reporting on Project procurement;
  8. Maintain databases and archive all documentation on procurement under the Project;
  9. Organization of training, exchange of experience and study tours for MoE, PPP Agency and other main Project stakeholders;
  10. Performance of other tasks required under the Project.

4.REPORTING

The Procurement Specialist will report to the PIU/ Ukraine Government PPF Project Manager, Director of the PPP Agency, and Project Coordinator appointed from the MoE.

5.PROVIDED RESOURCES

6.REQUIRED EDUCATION AND QUALIFICATIONS

7.PLACE, DURATION AND REMUNERATION

The services shall be provided in the city of Kyiv (with the possibility of remote service provision) from the start of the implementation period for 1 calendar year (Approximately from August 01, 2026). The services will be provided on a full-time/ part-time basis with 3 months of probation period and option to extend subject to the Consultant’s appropriate performance of the services. The term of the Contract for Consulting Services may be extended until the Project Closing Date (June 30, 2030) or such other date as agreed by the parties in writing, as may be necessary. The Consultant’s services shall be paid on the monthly basis according to the rate approved at the moment of executing the full-time contract.

 

 

"},{"id":"OP00456845","notice_type":"Invitation for Bids","noticedate":"15-Jul-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-08-04T00:00:00Z","submission_deadline_time":"09:30","project_ctry_name":"China","project_id":"P162178","project_name":"China Food Safety Improvement Project","bid_reference_no":"GDNC-003","bid_description":"Organize the Agricultural Product Quality Safety Theme Day promotional activities during the Food Safety Publicity Week, including on-site events and a series of related activities. The on-site events will promote and showcase public knowledge.","procurement_group":"NC","procurement_method_code":"RFQ","procurement_method_name":"Request for Quotations","contact_address":"135 Xianlie Dong Road, Guangzhou","contact_ctry_name":"China","contact_email":"nynct_ncpzx_zhangsh@gd.gov.cn","contact_name":"shuheng Zhang","contact_organization":"Guangdong Farm Products Quality Safety Center","contact_phone_no":"020-87590235","submission_date":"2026-07-15T00:00:00Z","notice_text":"

People's Republic of China
World Bank Loan

Guangdong Agricultural Product Quality Safety Improvement (Demonstration) Project
Loan No.: 9213-CN

 

 

 

 

 

 

Procurement for the 2026 Guangdong Province Agricultural Product Quality and Safety Publicity Week and Green Food Publicity Month

(Non-Consulting Services)
(Contract No.: GDNC-003)

 

 

Request for Quotation (RFQ) Document

 

 

 

 

Bidding Number0733-26083257

 

 

 

 

 

 

 

July 2026

 

 

 

Chapter 1: Letter of Request for Quotation

 

Date: July 14, 2026

Bidding Number0733-26083257

 

1. The Government of the People's Republic of China has received a loan from the World Bank to finance the Guangdong Agricultural Product Quality and Safety Improvement (Demonstration) Project, and intends to apply a portion of the proceeds of this loan to eligible payments under this Request for Quotation contract.

2. China CITIC International Tendering Co., Ltd., entrusted by the Guangdong Agricultural Product Quality and Safety Center (Guangdong Green Food Development Center), hereby issues this Letter of Request for Quotation for the Procurement for the 2026 Guangdong Province Agricultural Product Quality and Safety Publicity Week and Green Food Publicity Month (Contract No.: GDNC-003) to potential suppliers. All suppliers are requested to submit their quotations in accordance with the requirements of this Request for Quotation document (please refer to Chapter 5 for the format templates of the Letter of Quotation).

3. This procurement shall be conducted through the Request for Quotation method in accordance with the World Bank Procurement Guidelines, the Loan Agreement, and the Project Agreement. This Request for Quotation document is drafted with reference to the World Bank Standard Bidding Documents for Goods Procurement.

4. Supplier Qualification Requirements

Suppliers must meet the following stipulations and provide relevant supporting documents as specified. Failure to provide the required supporting documents may result in the rejection of the quotation document.

4.1 Entity Qualification: The supplier must possess the capacity to independently assume civil liability and hold a valid and qualified business license, tax registration certificate, and organization code certificate (a unified business license shall be provided if the "Three-in-One" certificate system applies). The supplier shall provide: Photocopies of the business license, tax registration certificate, and organization code certificate (or a photocopy of the unified business license if the "Three-in-One" system applies), affixed with the supplier's official seal.

4.2 Taxation and Social Security: The supplier must have a good record of paying taxes and social security funds in accordance with the law. The supplier shall provide: Photocopies of the supporting documents proving the payment of taxes and social insurance for any one month within the 6 months prior to the deadline for submission of the quotation document for this project, affixed with the supplier's official seal.

4.3 Credit Record: The supplier must not be listed on the "Credit China" website (http://www.creditchina.gov.cn) as a dishonest person subject to enforcement or as a major tax violation dishonest entity. The supplier shall provide: Screenshots of the query results for the aforementioned records from the website, affixed with the supplier's official seal.

4.4 Financial Status: The supplier must possess good commercial credit and a sound financial accounting system. The supplier shall provide: A photocopy of the audited financial report for the year 2025 (which must include at least the balance sheet, income statement, and cash flow statement),  or a bank-issued credit certificate.

4.5 Lawful Operation: Within the three years prior to participating in this Request for Quotation (calculated backward from the deadline for submission of the quotation document), the supplier must have no record of major legal violations in its business operations, such as criminal penalties, orders to suspend operations for rectification, revocation of licenses or permits, or imposition of substantial fines due to illegal business practices. The criteria for determining "substantial fines" shall be governed by the regulations of the provincial government in the supplier's administrative region, or by the standards set by the relevant competent administrative department of the State Council that imposes the penalty. The supplier shall provide: A "Qualification Commitment Letter" to make this commitment, in a self-drafted format.

4.6 Performance Requirements: From January 1, 2021, up to the deadline for submission of the quotation document (subject to the acceptance date), the supplier must have successfully implemented at least two similar service contracts.
The supplier shall provide: Key pages of the contract (including at least the cover page, service content/list, contract amount, signatures/seals, and date of signing) and the acceptance certificate. All the aforementioned materials must be affixed with the supplier's official seal. Original documents shall be kept available for verification.

4.7 Project Team Composition and Personnel Requirements

Staff / Working Group

Personnel Requirements

Project Manager
(1 Personnel)

1.Possess an associate degree or above;

Be a regular full-time employee of the supplier and have signed a labor contract with the supplier;

2.Possess at least 3 years of relevant working experience in organizing and planning publicity activities.

The supplier shall provide: Photocopies of the degree certificates; Photocopies of the labor contracts; A work resume/CV affixed with the supplier's official seal.

Publicity Campaign Management
(1 Personnel)

1.Possess an associate degree or above;

2.Possess at least 3 years of working experience in publicity activities.

The supplier shall provide: Photocopies of the degree certificates; A work resume/CV affixed with the supplier's official seal.

Graphic Designer
(1 Personnel)

1.Possess an associate degree or above in a design-related major, or hold a Graphic Designer or Exhibition Designer certificate;

2.Possess at least 3 years of graphic design experience for publicity activities.

The supplier shall provide: A photocopy of the degree certificate, or a photocopy of the Graphic Designer or Exhibition Designer certificate; A work resume/CV affixed with the supplier's official seal.

Photographer and Videographer
(At least 1 Personnel)

Possess at least 3 years of experience in photography, videography, editing, and video production.

The supplier shall provide: A work resume/CV affixed with the supplier's official seal.

 

5. Quotation Requirements

5.1 Quotation Currency: All prices shall be quoted in Renminbi (RMB/Yuan). The quoted price shall be the final price inclusive of all taxes, transportation, insurance, installation and debugging, and all other expenses required for the completion of the contract implementation.

5.2 Validity of Quotation: The quotation shall remain valid for a period of 90 calendar days from the deadline for submission of the quotation document.

5.3 Submission of Quotation Documents

5.3.1 Deadline for Submission: 9:30 AM on August 4, 2026.

5.3.2 Submission Address: Room 2, Bid Opening Room, 6th Floor, Guangren Building, No. 1 Guangren Road, Yuexiu District, Guangzhou City, Guangdong Province.

Please note: The supplier must ensure that the complete set of sealed quotation documents (hard copies) is delivered to the designated location before the deadline for submission. Late submissions will not be accepted.

5.4 Signing and Composition of Quotation Documents
The quotation documents must include the "Quotation List" and "Quotation Letter," both of which must be signed by the legal representative or their authorized representative and affixed with the supplier's official seal, as well as all other documents required to be submitted as specified in "Chapter 1: Request for Quotation Letter."

The "Quotation List" must strictly follow the format specified in "Chapter 2: Quotation List." Any discrepancies in the serial numbers, service content, quantity, unit, or remarks may result in the rejection of the quotation document.

The "Quotation Letter" must strictly follow the format of "1. Quotation Letter" in "Chapter 5: Format Examples." Any discrepancies may result in the rejection of the quotation document.

5.5 Number of Copies of Quotation Documents

Number of copies: One (1) original and four (4) copies, clearly marked as "Original" or "Copy". In the event of any discrepancy between the original and the copies, the original shall prevail. Meanwhile, a clear, complete, and sealed scanned copy of the original quotation document (in both PDF and Word formats) must be saved on a separate USB flash drive and submitted sealed together with the hard copies.

All documents shall be uniformly packed in a single outer package, and the seal of the outer package must be affixed with the supplier's official seal.

6. 6. Bid Opening Date, Time, and Venue
6.1 Bid Opening Date and Time: 9:30 a.m., August 4, 2026
6.2 Bid Opening Venue: Bid Opening Room XX, 6th Floor, Guangren Building, No. 1 Guangren Road, Yuexiu District, Guangzhou, Guangdong Province

7. Consortium Bidding: Consortium bidding is not allowed for this project.

8. Estimated Project Value: RMB 180,000 (in words: One Hundred and Eighty Thousand Yuan only).

9. World Bank Sanctions: Companies sanctioned by the World Bank are not eligible to submit quotations or be awarded any contract financed by the World Bank. The list of sanctioned companies and individuals can be found on the website: http://www.worldbank.org/debarr.

10. Evaluation Method:

10.1 The same procedures and criteria shall be applied to the evaluation of all quotation documents.
10.2 The evaluation process shall be conducted strictly in accordance with the requirements and conditions of the Request for Quotation (RFQ) document. The contract shall be awarded to the supplier whose quotation is substantially responsive to this RFQ document and has the lowest evaluated price.

11. Eligibility and Conflict of Interest

Potential suppliers shall note the provisions on eligibility and conflict of interest stipulated in the "World Bank Procurement Regulations for IPF Borrowers" (November 2020 Edition). All suppliers with a conflict of interest shall be deemed ineligible, and their quotation documents will be rejected. Suppliers must proactively disclose whether they have any affiliation with the following entities. If such affiliation exists, a statement of affiliation must be provided (format is self-drafted, and the content shall include, but not be limited to, the shareholder structure and shareholding ratio); if no such affiliation exists, a letter of commitment must be provided (format is self-drafted):

  1. The Employer: Guangdong Provincial Center for Quality and Safety of Agricultural Products (Guangdong Provincial Green Food Development Center);
  2. The Bidding Agency: CITIC International Tendering Co., Ltd.;
  3. The Feasibility Study Report Preparation Unit: Institute of Agricultural Economy and Information, Guangdong Academy of Agricultural Sciences;
  4. The Preliminary Design Unit: Guangzhou Urban Planning & Design Survey Research Institute.

12. Obtaining the Request for Quotation (RFQ) Documents

Suppliers intending to participate in this project may obtain the documents by contacting the procurement agency via email from July 14, 2026, to August 3, 2026 (Beijing Time, the same below), during the hours of 9:00 AM to 11:30 AM and 1:30 PM to 4:30 PM daily (excluding statutory holidays). Suppliers must specify the company name, contact person, contact phone number, and the name of this project in the email.

13. Publication of the Notice

The Request for Quotation Notice for this project will be published simultaneously on the following designated media: the World Bank Section of the China Bidding Public Service Platform, and the China Bidding & Procurement Network.

 

Buyer: Guangdong Provincial Center for Quality and Safety of Agricultural Products (Guangdong Provincial Green Food Development Center)
Address: No. 135 Xianlie East Road, Tianhe District, Guangzhou City, Guangdong Province
Tel: 020-87590235
Contact Person: Ms. Wu

 

Procurement Agent: CITIC International Tendering Co., Ltd.
Address: Room 1811, 18th Floor, Building 59, Middle 3rd Ring Road East, Chaoyang District, Beijing
Tel: 010-87945198-503/504
Contact Persons: Ms. Guo, Ms. Zhang
Email: guoying@ck.citic.com; zhangjyzb@ck.citic.com

 

 

Chapter 2: Quotation List

Please note that the services provided by the supplier shall meet the requirements specified in Chapter 3 Technical Requirements.

 

Serial No.

Service Content

Quantity

Unit

Quotation (RMB)

Note

Service Support for the 2026 Guangdong Province Agricultural Product Quality and Safety Publicity Week and Green Food Publicity Month; Venue: Jiangmen

1

Event Design, Venue Setup, and Materials Provision

1.1

Venue Rental (Including Large Screen)

2

Day

5,000 / day × 2 days = 10,000
Note: This fee is a fixed amount and shall be included in the total contract price.

1.All designs shall be implemented only upon the Buyer's approval;

2.Venue setup shall commence as requested by the Buyer, and all related work, including venue arrangement, must be completed prior to the event;

3.At least 2 personnel must be stationed on-site for emergency response during the event;

4.Relevant photography and publicity/promotional work shall be completed within one working day after the event.

1.2

Stage Setup (Including: a. 2 speakers + 1 audio mixer + 6 handheld microphones (speech mics) + 1 audio engineer; b. Decoration for the front backdrop and side wing panels of the stage; c. Decoration for the podium and lectern flowers)

1

Lot

 

1.3

Event Design and Production (Including: On-site booth layout design, exhibition booth design, float design, stage design, promotional posters, wayfinding signage design (e.g., floor decals), full-process event PPT, and dynamic video production for the launch sequence, etc.)

1

Set

 

1.4

Exhibition Booths and Floats: 28 booths (wooden frame structure, including booth fascia/signboard production, etc.) and 2 floats

1

Lot

 

1.5

Wayfinding Signage: Production of wayfinding signage, including floor decals, directional signs, etc.

1

Group

 

 

 

2

Science Popularization Promotional Materials and Supplies

2.1

Printing of science popularization brochures

1,000

copies

 

 

 

 

 

2.2

Quiz Materials for the Science Popularization Zone (Including: 1 quiz wheel, 400 prizes, and 1,000 promotional tote bags featuring the Green High-Quality Agricultural Products logo and an information inquiry QR code)

1

Lot

 

3

Event Logistics Support

3.1

Exhibition Area Supporting Facilities:
a. Storage and mailing services for goods of participating Green High-Quality Agricultural Product enterprises;
b. Rental of 1 freezer;
b. Event drinking water.

2

Day

 

3.2

Audience Seating (At least 31 chairs must be provided on-site, including no less than 10 folding chairs with backrests)

2

Day

 

3.3

Makeup and Styling for the Event MC

1

Day

 

3.4

On-site Event Support

2

Day

 

4

Event Publicity and Media Coverage

4.1

Graphic and Text Feature Publicity: On-site photography at the event, with no less than 50 high-definition photos to be provided after the event; 1 high-quality original graphic and text publicity article to be planned and published on the day of the event.

1

Lot

 

4.2

Short Video Production and Promotion (Before and after the event, respectively plan, shoot, and produce no less than 1 creative short video)

 

2

Units

 

Total Quotation Price
(RMB / CNY)

 

 

Chapter III Technical Requirements

 

I. Scope of Services and Term

1. Scope of Services: The supplier shall be responsible for executing the "2026 Guangdong Province Agricultural Product Quality and Safety Publicity Week and Green Food Publicity Month" event (in the second half of 2026), organized and planned by the Buyer. Through professional designs of the stage, exhibition booths, etc., the supplier shall carry out science popularization and publicity for agricultural product quality and safety, as well as promotional campaigns for green food, to raise public awareness of agricultural product quality and safety.

2.Term of Services: The service period for this project is approximately 3 months, calculated from the effective date of the procurement contract until all event services are fully completed, and the final acceptance and settlement are concluded. The supplier must ensure that the corresponding work is completed before all key milestones.

II. Service Content and Requirements

The supplier shall provide a full-process integrated service for this project, covering professional event design, venue setup and materials provision, science popularization promotional materials and supplies, event logistics support, as well as event publicity and media coverage. The specific service contents include but are not limited to:

(I) Service Support for the 2026 Guangdong Province Agricultural Product Quality and Safety Publicity Week and Green Food Publicity Month

1. Event Design, Venue Setup, and Materials Provision

1.1 Venue Rental:
The event venue shall be designated by the Buyer, located in the space near the atrium of Jiangmen Darong City. The exact area shall be subject to the official demarcated scope by the final venue provider. The venue must be able to accommodate 28 standard exhibition booths, 2 float booths, the main stage, and the audience seating area. The rental period is 2 days, and the fee includes the use of a large screen and basic power supply.

The unit price for the venue rental is fixed at RMB 5,000 per day, with a total cost of RMB 10,000 for two days (in words: Ten Thousand Yuan only). This fee already includes the rental cost during the setup period.

The event is tentatively scheduled for 2 consecutive days in the second half of 2026 (initially planned to include one day on Friday and one day on Saturday; the exact dates shall be subject to the Buyer's final confirmation).

1.2 Stage Setup:

It shall include at least the following facilities:
a. One set of sound system: 2 speakers + 1 audio mixer + 6 handheld microphones (speech mics) + 1 audio engineer (the audio engineer is only required for the morning session on the first day of the event);
b. Stage perimeter: Decoration for the front backdrop and side wing panels of the stage;
c. Podium: Provision of a podium, complete with tabletop decoration (floral arrangements, tablecloths, etc.).

All setup materials must comply with national energy-saving, environmental protection, and low-carbon standards. Recyclable materials shall be prioritized to ensure the smooth execution of the event.

1.3 Event Design and Production:

Layout Planning:
The event site shall consist of a stage area, audience seating area, and exhibition area. The specific dimensions are as follows:

Stage: 7m (L) × 5m (W), equipped with a 5m (L) × 3.8m (H) LED display screen;

Audience Seating Area: 30 seats arranged in 3 rows × 10 columns. After the morning session on the first day, the chairs will be removed to make space for 2 floats;

Exhibition Area: 28 standard exhibition booths, each measuring 1.2m (L) × 0.6m (W), arranged around the atrium, on both sides of the stage, and directly in front of the stage;

Floats: 2.5m (L) × 0.7m (W).

The design proposal must treat all event areas, including the stage, as a cohesive whole for integrated design. This is to ensure an organic connection between visual aesthetics and traffic flow, reflecting unity and professionalism. During the design phase, full consideration must be given to pedestrian aisles, clear lines of sight, and product display requirements. During the setup phase, adjustments and optimizations shall be made based on actual on-site conditions to maximize space utilization and exhibition impact.

Design Theme:
The design style must deeply integrate the characteristics of green food and Lingnan culture, as well as modern agriculture. It should align with the theme of agricultural product quality and safety publicity to create a distinct and positive event image.

Craftsmanship and Materials:
All production materials must comply with relevant national standards and regulations for energy conservation, environmental protection, and low-carbon practices. Recyclable or reusable materials shall be prioritized.

Design Deliverables:
The supplier shall submit a complete design proposal, including but not limited to the following: overall and partial renderings (must reflect different angles and details), stage design renderings, exhibition booth renderings (with detailed dimensions and material specifications), float graphic design drafts, wayfinding signage design drafts (e.g., floor decals), full-process event PPT (including dynamic video for the launch sequence), and no less than 2 versions of the main visual poster suitable for different online and offline scenarios (e.g., print, screen display, social media). All design proposals must be implemented only upon the Buyer's written approval.

Attached: Site Layout Diagram (For Reference Only):

 

 

 

 

1.4 Exhibition Area Materials Provision:

Production Requirements for Exhibition Booths and Floats:

28 Exhibition Booths: The booths will primarily feature a wooden frame structure, including the production of booth fascias/signboards, etc.

2 Floats: The main function of the floats is publicity and attracting visitors, providing photo opportunities for the audience and tourists. The decorations must be securely fixed using lightweight, eco-friendly materials to ensure the safety of all personnel on-site.

Production Requirements for Wayfinding Signage:

Wayfinding signage that aligns with the event's on-site theme must be produced, including floor decals, directional signs, etc. These are to effectively guide the flow of visitors to the booths for viewing and tasting, thereby ensuring the overall success of the event.

2. Science Popularization Promotional Materials and Supplies

2.1 Printing of Science Popularization Brochures:

Print 1,000 copies of clear, full-color folded brochures. The content will be provided by the Buyer. The layout, as well as the material and style of the final print, must be implemented only upon the Buyer's approval.

2.2 Quiz Materials for the Science Popularization Zone:

Technical Requirements: Prepare relevant materials to ensure the smooth execution of 4 science popularization interactive quiz sessions over the 2-day event. All materials (including prizes and promotional tote bags) must be of qualified quality and safe to use. The promotional tote bags must feature the Green High-Quality Agricultural Products logo and an information inquiry QR code.

Specific Requirements: Includes 1 spinning wheel with a stand (for the public to draw question numbers on-site), 400 prizes (aligned with the promotional theme, must be green food products, with an average unit price not exceeding RMB 10), and 1,000 promotional tote bags.

3. Event Logistics Support

3.1 Exhibition Area Supporting Facilities:
The exhibition booth design must fully consider the display characteristics of the agricultural product industry. It should rationally plan functional areas such as the product tasting zone, freezer/refrigerator storage area, and centralized storage space. Normal water and power supply must be guaranteed for all areas.

a. Storage and Mailing of Goods for Participating Green High-Quality Agricultural Product Enterprises: The supplier shall be responsible for the mailing, receiving, and storage of agricultural products from participating enterprises before, during, and after the event. The supplier must also assist participating enterprises in transporting the agricultural products to the designated exhibition area. The supplier is responsible for the safe custody of the agricultural products during the event and shall bear the corresponding insurance liability. After the event, the supplier shall safely transport the agricultural products back to the designated location of the original providing units.

b. Rental of 1 Freezer: During the event, 1 freezer shall be rented for on-site preservation of chilled/fresh agricultural products.

c. Event Drinking Water: The brand must meet the Buyer's requirements (C'estbon, Nongfu Spring, Dinghu Mountain Spring, or brands of equivalent grade). The provision includes 1 water dispenser, 12 barrels of bottled water (18.9L/barrel), and 4 cases of bottled water (210ml/24 bottles per case × 2 cases; 380ml/24 bottles per case × 2 cases).

3.2 Audience Seating:

To meet the audience seating needs at the event site, 30 seats shall be set up. At least 31 chairs must be provided on-site (including no less than 10 folding chairs with backrests).

3.3 Makeup and Styling for the Event MC:

The Event MC will be provided by the Buyer, but the supplier shall be responsible for ensuring the makeup and styling of the MC on the day of the event.

3.4 On-site Event Support:

The supplier shall purchase insurance for this event to guarantee the safety of personnel and property during the event period.

During the event, the supplier must arrange no less than 2 staff members to be stationed on-site for emergency response. Their responsibilities include conducting safety inspections for electricity usage, performing emergency equipment repairs, handling emergencies, assisting enterprises with the loading and unloading of goods, and addressing various on-site inquiries and unexpected issues.

4.Event Publicity and Media Coverage

The supplier shall utilize diversified media formats and high-quality visual content to comprehensively enhance the breadth and depth of the event's communication.

4.1 Graphic and Text Feature Publicity

During the contract period, the supplier shall plan and publish no less than 1 high-quality original publicity article. The content of the article must be approved by the Buyer before publication. Furthermore, within one working day after the conclusion of the first day of the event, the article must be published on at least 3 provincial-level or above mainstream news media platforms and 2 local mainstream news media platforms in Jiangmen (such as authoritative news websites, mobile clients, newspapers, etc.).

4.2 Short Video Production and Promotion

Content Production:

Before and after the event, the supplier shall respectively plan, shoot, and produce no less than 1 creative short video each (2 videos in total). The video content should focus on the themes of agricultural product quality and safety, as well as the Green Food Publicity Week. The pre-event promotional video should be around 60 seconds in length, and the post-event summary video should be around 150 seconds, both conforming to mobile-friendly communication patterns.

Publication and Promotion:

The short videos must be published on at least 2 provincial-level or above mainstream media platforms (or their official new media accounts) and 2 local mainstream media platforms in Jiangmen (or their official new media accounts) (e.g., Douyin, WeChat Channels, Weibo, etc.). The total follower base of the media agency undertaking the publication or its publishing account on the corresponding platform must be no less than 50,000 to ensure basic coverage. The video content must be approved by the Buyer before publication.

 

(II) Collection and Organization of Publicity Outcomes, Summary Report, and Assistance with Project Acceptance

The supplier shall be responsible for organizing materials and establishing a complete archive of publicity outputs, summary reports, and relevant supporting documents. This includes the collection of publicity outcomes from various platforms and the statistical analysis of data such as readership/view counts.

The supplier shall draft an event summary and publicity outcomes report to evaluate the effectiveness of the publicity campaign in raising public awareness of agricultural product quality and safety in the host city, etc.

(III) Other Requirements

1.The supplier shall be responsible for the venue rental and stage setup for this event (the venue shall be designated by the Buyer).

2.During the service period, the supplier must ensure the quality and safety of all materials used for the event during their utilization, and maintain cleanliness at the event site throughout the event period.

3.During both the preparation and execution phases of the event, the supplier must dynamically adjust the on-site layout according to the Buyer's requirements.

4.After the event, the supplier shall be responsible for restoring the venue to its original condition and properly disposing of solid waste generated during the event.

5.All the above-mentioned services shall be submitted to the Buyer for review and may only be executed upon the Buyer's approval.

III. Response Time

During the event service period, the supplier shall provide satisfactory on-site services and resolve any arising issues at any time. In the event of an emergency, the response time shall not exceed 10 minutes, and the issue must be resolved within 1 hour.

IV. Deliverables

The service provider shall submit the publicity campaign outputs and summary report to the Provincial Project Office, including but not limited to the event summary report and relevant supporting documents.

All data, reports, converged media products, and research outcomes generated in the performance of this consulting task, along with their related intellectual property rights, shall be owned by the Buyer.

V. Support Provided by the Buyer

1.The Buyer will work closely with the service provider, designate a dedicated liaison, and provide relevant materials and other support to the service provider.

2.The service provider shall work closely with other relevant participating parties of this sub-project.

VI. Assessment and Evaluation Methods

1.Fully complete all the above-mentioned service contents;

2.Submit the deliverables on time and in full;

3.Take no less than 50 high-definition photos; publish no less than 2 short videos;

4.The total number of views for the graphic/text publicity and short videos across all online platforms shall be no less than 100,000;

5.The satisfaction rate of participants for each event shall be no less than 90%.

VII. Payment Terms

1.After the contract is signed, the Buyer shall pay an advance payment of 10% of the total contract price to the successful bidder within 20 working days upon receipt of the event implementation plan and a valid invoice of an equivalent amount provided by the supplier;

2.After the supplier has prepared the event acceptance report and the necessary materials for reimbursement, and upon the Buyer's acceptance and verification without any errors, the Buyer shall pay a progress payment of 90% of the total contract price to the successful bidder within 20 working days upon receipt of a valid invoice of an equivalent amount provided by the supplier.

Note: Before each payment is made under the contract, a valid invoice matching the payment amount must be provided to the Buyer. Furthermore, the payee, the invoice issuer, and Party B of the contract must strictly match the name of the successful supplier.

 

VIII. Key Regulations to be Complied With

(1) Advertising Law of the People's Republic of China

(2) Administrative Measures on Internet Information Services

(3) Provisions on the Administration of Internet News Information Services

(4) Code of Conduct for Fair Competition in the Advertising Industry

(5) Interim Measures for the Promotion and Administration of Public Service Advertising

 

 

 

Chapter 4 Contract Terms

 

 

Table of Contents

 

  1. Definitions
  2. Country of Origin
  3. Standards
  4. Use of Contract Documents and Materials; Inspection and Audit by the World Bank
  5. Patents
  6. Performance Security
  7. Inspection and Tests
  8. Packing
  9. Insurance
  10. Shipment
  11. Accompanying Services
  12. Spare Parts
  13. Warranty
  14. Payment
  15. Prices
  16. Change Orders
  17. Supplier Delay in Performance
  18. Liquidated Damages for Delay
  19. Termination for Default
  20. Force Majeure
  21. Termination for Insolvency
  22. Termination for Buyer's Convenience
  23. Settlement of Disputes
  24. Notices
  25. Taxes
  26. Effectiveness of Contract

 

Contract Terms

1. Definitions

The following terms used in this Contract shall be interpreted as follows:

  1. "Contract" means the agreement entered into between the Buyer and the Supplier, as set forth in the Contract Form signed by the parties, including all attachments, appendices, and all documents referred to therein that form part of the Contract.
    (2) "Contract Price" means the price payable to the Supplier by the Buyer for the full and proper performance of its contractual obligations in accordance with the provisions of the Contract.
    (3) "Goods" means all equipment, machinery, and/or other materials which the Supplier is required to supply to the Buyer under the Contract.
    (4) "Services" means those services ancillary to the supply of the Goods, such as transportation, loading and unloading, and other obligations to be borne by the Supplier as specified in the Contract.
    (5) "World Bank" means the International Bank for Reconstruction and Development (IBRD) or the International Development Association (IDA).
    (6) "Project Site" means Jiangmen.
    (7) "Day" means calendar days.

 

  1. Country of Origin
    1. The Goods and Services provided under this Contract shall originate from eligible countries and regions as stipulated in the World Bank Guidelines.

2.2 The term "Country of Origin" referred to in this Article means the place where the Goods are mined, grown, or produced, or the place from which the Services are supplied. Goods may be manufactured or processed, or subjected to substantial assembly of major components, into a product. A new product is commercially recognized if it differs substantially in basic characteristics, purpose, or function from its constituent components.

 

  1. Standards

The Goods delivered under this Contract shall conform to the standards specified in the Technical Specifications. If no applicable standards are mentioned, the Goods shall conform to the applicable official standards. Such standards must be the latest versions issued by the relevant authorities.

 

  1. Use of Contract Documents and Materials; Inspection and Audit by the World Bank
    1. Without the prior written consent of the Buyer, the Supplier shall not disclose to any person employed by the Supplier for purposes other than the performance of this Contract any information concerning the Contract or any provision thereof, specifications, plans, drawings, patterns, samples, or other materials furnished by or on behalf of the Buyer. Even when provided to employees engaged in the performance of this Contract, such information shall be treated as confidential and shall be restricted to the extent necessary for the performance of the Contract.
    2. Without the prior written consent of the Buyer, the Supplier shall not use any of the documents and materials listed in Article 4.1 for any purpose other than the performance of this Contract.

4.3 Except for the Contract itself, any of the documents listed in Article 4.1 shall remain the property of the Buyer. Upon request by the Buyer, the Supplier shall return these documents (including all copies) to the Buyer upon completion of the Contract.

 

 

4.4 If requested by the World Bank, the Supplier shall permit the World Bank to inspect the Supplier's accounts and records relating to the performance of this Contract and to have such accounts and records audited by auditors appointed by the World Bank.

 

5Patents

The Supplier shall indemnify the Buyer against all claims of infringement of any patent, trademark, or industrial design rights arising from the use of the Goods or any part thereof by the Buyer.

 

6Performance Security

Not required.

 

7Inspection and Tests

7.1 The Buyer or its representative shall have the right to inspect and/or test the Goods to confirm their conformity to the Contract Specifications at no additional cost.

7.2 Inspections and tests may be conducted at the Supplier's premises, at the point of delivery, and/or at the Goods' final destination. If conducted at the Supplier's premises, the Supplier shall furnish all reasonable facilities and assistance to the inspectors at no cost to the Buyer.

7.3 Should any inspected or tested Goods fail to conform to the Specifications, the Buyer may reject the Goods, and the Supplier shall either replace the rejected Goods or make alterations necessary to meet the Specification requirements free of cost to the Buyer.

 

8Packing

The Supplier shall provide such packing for the Goods as is required to prevent damage or deterioration during transit to the final destination specified in the Contract. Such packing shall be adequate to withstand, without limitation, rough handling during transit, exposure to extreme temperatures, high salinity, rainfall, and open storage. The size and weight of the cases shall take into consideration the remoteness of the Goods' final destination and the lack of heavy lifting equipment at all transit points.

 

9Insurance

The risk of loss of or damage to the Goods during the course of manufacture, transportation, storage, and delivery shall be the responsibility of the Supplier, who shall fully insure the Goods against such risks.

 

10Shipment

The Supplier shall be responsible for arranging and bearing all costs for delivering the Goods to the Project Site. Such costs shall be included in the Contract Price.

 

11Warranty

 

11.1 The Supplier warrants that the Goods supplied under this Contract are new, unused, of the latest or current models, and incorporate all recent improvements in design and materials, unless otherwise provided in the Contract.

11.2 The Supplier warrants that the Goods shall meet the performance specifications stipulated in the Contract. If, due to the Supplier's fault, the specified performance specifications are not met in whole or in part, the Supplier shall, at its own cost, replace or repair the Goods to meet the required performance specifications.

11.3 The Buyer shall notify the Supplier in writing of any claims arising under this warranty within a reasonable time after the discovery of the defect.

11.4 Upon receipt of such notice, the Supplier shall repair or replace the defective Goods or components with reasonable speed and free of cost within two weeks. The Buyer shall bear the inland freight costs from the place of manufacture to the final destination for the repaired or replaced Goods or components.

11.5 If the Supplier fails to remedy the defect with reasonable speed within two weeks after receipt of the notice, the Buyer may take such remedial action as may be necessary, at the Supplier's risk and expense, without prejudice to any other rights which the Buyer may have against the Supplier under the Contract.

 

12Payment

12.1 After the contract is signed, the Buyer shall pay an advance payment of 10% of the total contract price to the successful bidder within 20 working days upon receipt of the event implementation plan and a valid invoice of an equivalent amount provided by the supplier;

12.2 After the supplier has prepared the event acceptance report and the necessary materials for reimbursement, and upon the Buyer's acceptance and verification without any errors, the Buyer shall pay a progress payment of 90% of the total contract price to the successful bidder within 20 working days upon receipt of a valid invoice of an equivalent amount provided by the supplier.

Note: Before each payment is made under the contract, a valid invoice matching the payment amount must be provided to the Buyer. Furthermore, the payee, the invoice issuer, and Party B of the contract must strictly match the name of the successful supplier.

13Prices

The prices charged by the Supplier for the delivery of Goods and the performance of Services under this Contract shall be the prices quoted by the Supplier in the Price Schedule. Such prices shall be fixed.

 

14Change Orders

14.1 The Buyer may, at any time, issue written instructions to the Supplier to make changes, within the general scope of this Contract, in one or more of the following:
(1) The drawings, designs, or specifications, where the Goods to be supplied under this Contract are specifically manufactured for the Buyer;
(2) The method of shipment or packing;
(3) The place of delivery; or
(4) The services to be performed by the Supplier.

 

14.2 If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Contract, the Contract Price, the delivery schedule, or both, shall be equitably adjusted, and the Contract shall be modified accordingly. Any claim by the Supplier for adjustment under this Article shall be submitted within thirty (30) days after receipt of the Change Order from the Buyer.

 

 

15Supplier Delay in Performance

15.1 The Supplier shall deliver the Goods and perform the Services in accordance with the schedule specified by the Buyer in the "Schedule of Requirements for Goods".

15.2 If, during the performance of the Contract, the Supplier encounters circumstances that may delay the timely delivery of the Goods or the performance of the Services, the Supplier shall promptly notify the Buyer in writing of the fact of the delay, the likely duration thereof, and the causes thereof. Upon receipt of such notice, the Buyer shall evaluate the situation as soon as possible and determine whether to extend the time for delivery at its discretion and whether to assess liquidated damages for delay. Any extension shall be mutually agreed upon through a modification of the Contract.

15.3 Except as provided in Article 18, unless an extension has been granted without the assessment of liquidated damages pursuant to Article 15.2, the Supplier's delay in delivery shall be subject to liquidated damages for delay as provided in Article 16.

 

16Liquidated Damages for Delay

If the Supplier fails to deliver the Goods or perform the Services within the time periods stipulated in the Contract, the Buyer shall, without prejudice to any other remedies available under the Contract, deduct liquidated damages for delay from the Contract Price. The liquidated damages shall be assessed at the rate of one percent (1%) of the price of the delayed Goods or the fees for the unperformed Services per week of delay, until the actual delivery or performance is completed. The maximum amount of liquidated damages for delay shall be ten percent (10%) of the total Contract Price. Once the maximum amount of liquidated damages is reached, the Buyer may consider terminating the Contract.

 

17Termination for Default

17.1 Without prejudice to any other remedies available to the Buyer for the Supplier's default, the Buyer may issue a written notice of default to the Supplier, proposing to terminate the Contract in whole or in part:
(1) If the Supplier fails to deliver any or all of the Goods within the period specified in the Contract or within any extension thereof granted by the Buyer pursuant to Article 15; or
(2) If the Supplier fails to perform any other obligation stipulated in the Contract.

17.2 If the Buyer terminates the Contract in whole or in part pursuant to Article 17.1, the Buyer may procure, upon such terms and in such manner as it deems appropriate, goods similar to those undelivered, and the Supplier shall be liable to the Buyer for any excess costs for such similar goods. However, the Supplier shall continue the performance of the Contract to the extent not terminated.

 

18Force Majeure

18.1 If the Supplier's performance of or delivery under the Contract is delayed or prevented by Force Majeure, the Supplier shall not be subject to forfeiture of its Performance Security, nor shall it be liable for liquidated damages for delay or termination of the Contract.

18.2 "Force Majeure" as referred to in this Article means those events that are beyond the control of the Supplier and are not foreseeable, but do not include the Supplier's default or negligence. Force Majeure events include, but are not limited to: actions by the Buyer within its sovereign jurisdiction, war or revolution, fire, flood, epidemic, quarantine restrictions, embargoes, and cancellation of the event as notified by the event organizer.

18.3 In the event of Force Majeure, the Supplier shall notify the Buyer in writing as soon as possible of the occurrence of the Force Majeure and the causes thereof. Unless otherwise requested in writing by the Buyer, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practicable, and shall seek all reasonable means to perform the other matters not affected by the Force Majeure.

 

 

19Termination for Insolvency

If the Supplier becomes bankrupt or otherwise insolvent, the Buyer may, at any time, terminate the Contract by giving written notice to the Supplier without compensation to the Supplier. Such termination shall not prejudice or affect any rights or remedies which the Buyer has already exercised or may exercise in the future.

 

20Termination for Buyer's Convenience

20.1 The Buyer may, at any time for its own convenience, terminate the Contract in whole or in part by giving written notice to the Supplier. The notice of termination shall specify that the termination is for the Buyer's convenience, the extent to which the Contract is terminated, and the effective date of such termination.

20.2 For the Goods that have been completed and ready for shipment within thirty (30) days after the Supplier's receipt of the termination notice, the Buyer shall accept such Goods at the original Contract price and terms. For the remaining Goods, the Buyer may:
(1) Have any portion thereof completed and delivered at the original Contract price and terms; and/or
(2) Cancel the remaining Goods and pay the Supplier an agreed amount for the partially completed Goods and Services, as well as for the materials and components previously procured by the Supplier.

 

21Settlement of Disputes

21.1 The Buyer and the Supplier shall settle all disputes arising from the execution of this Contract or relating thereto through direct, informal consultations in an amicable manner.

21.2 If the Buyer and the Supplier are unable to settle the Contract disputes amicably within thirty (30) days after the commencement of such informal consultations, either party may request that the dispute be submitted to: Guangzhou Arbitration Commission.

 

22Notices

Notices given by one party to the other under this Contract shall be in writing and sent via facsimile. The contact details are as follows:

Buyer: Guangdong Agricultural Products Quality and Safety Center (Guangdong Green Food Development Center)
Address: No. 135, Xianlie East Road, Tianhe District, Guangzhou City, Guangdong Province
Postal Code: 510599
Telephone: 020-87590235
Facsimile: /
Contact Person: Ms. Wu

 

Supplier:
Address:
Postal Code:
Telephone:
Facsimile:
Contact Person:

 

 

23Taxes

The Supplier shall be solely and fully responsible for all taxes and duties levied on the Goods prior to their delivery to the Buyer.

All taxes and duties levied on the Buyer in connection with this Contract pursuant to the prevailing tax laws of the Chinese Government shall be borne by the Buyer.

 

  1. Effectiveness of Contract

This Contract shall come into effect upon being signed and stamped by both parties (the Supplier must sign and stamp by its Legal Representative).

 

Chapter Five Format Examples

1. Letter of Bid

 

 

Date: [Month] [Day], 2026
Enquiry Reference No.: ________________

 

To: ___________________

 

Having examined the Enquiry Documents including Amendment(s) No. ______ (insert number) which has/have been duly received, we, the undersigned, offer to supply the Services in accordance with the said Enquiry Documents for the Total Price of ________________ (expressed in words and figures).

 

If we are determined to be the successful Supplier, we shall deliver the Services within the delivery period specified in the Schedule of Services.

 

We agree that this Bid shall be valid for a period of 90 calendar days from the date fixed for the submission deadline of the Price Schedule, and it shall remain binding upon us and may be accepted at any time before the expiration of that period.

 

Until a formal Contract is executed, this Bid, your Enquiry Documents, and the Letter of Acceptance shall constitute a binding Contract between us.

 

Bidder: (Official Seal)
Signature of Authorized Representative:

 

 

 

2. Contract Form

 

This Contract is made on this ______ day of ________, 20XX, by and between ________________________ (Name of Buyer) (hereinafter referred to as the "Buyer") on the one part, and ________________________ (Name of Supplier) (hereinafter referred to as the "Supplier") on the other part, subject to the terms and conditions hereinafter set forth.

Whereas the Buyer has invited bids for the acquisition of the Services (Name of Goods and Services) and has accepted the Bid submitted by the Supplier to provide the said Goods and Services for the Total Amount of ________________________ (Contract Price expressed in words and figures) (hereinafter referred to as the "Contract Price").

It is hereby agreed as follows:

1.The meanings of words and terms used in this Agreement are the same as those defined in the Conditions of Contract.

2.The following documents shall be deemed to form and be read and construed as part of this Agreement:
(1) The Letter of Bid and Price Schedule submitted by the Supplier;
(2) The Schedule of Services;
(3) Technical Requirements;
(4) Conditions of Contract;
(5) The Letter of Acceptance issued by the Buyer.

3.In consideration of the payments to be made by the Buyer to the Supplier as prescribed herein, the Supplier hereby covenants with the Buyer to provide the Goods and Services and to remedy defects therein in accordance with the Contract.

4.In consideration of the Goods and Services to be provided by the Supplier and the remedy of defects therein, the Buyer hereby covenants with the Supplier to pay the Contract Price or such other sums as are payable under the Contract to the Supplier at the times and in the manner prescribed by the Contract.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written in accordance with their respective laws.

 

Buyer: (Official Seal)
Signature of Authorized Representative:

Supplier: (Official Seal)
Signature of Authorized Representative:

"},{"id":"OP00455829","notice_type":"Request for Expression of Interest","noticedate":"09-Jul-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-07-24T00:00:00Z","submission_deadline_time":"17:00","project_ctry_name":"Southwest Indian Ocean","project_id":"P179293","project_name":"East Africa Girls' Empowerment and Resilience","bid_reference_no":"ET-AUC-559232-CS-INDV","bid_description":"Individual Consultant as Communication Assistant","procurement_group":"CS","procurement_method_code":"INDV","procurement_method_name":"Individual Consultant Selection","contact_address":"Africa Union HeadquartersP.O.BOX 3243Tel: 251-11-5-517700webmaster: webmaster@africa-union.orgAddis","contact_ctry_name":"Ethiopia","contact_email":"MankeP@africa-union.org","contact_name":"Patrick Abdoulaye Man'ke","contact_organization":"Africa Union Commission","contact_phone_no":"251944131274","submission_date":"2026-07-09T00:00:00Z","notice_text":"

REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTING SERVICES – INDIVIDUAL CONSULTANT)

 

Country: Ethiopia

Name of Project: Eastern and Southern Africa Girls’ Empowerment and Resilience (EAGER) programme

Grant No: P179293

Assignment Title: Individual Consultant as a Communication Assistant

Reference No. ET-AUC-559232-CS-INDV

The African Union Commission has received financing from the World Bank toward the cost of Eastern and Southern Africa Girls’ Empowerment and Resilience (EAGER) programme and intends to apply part of the proceeds for consulting services.

The consulting services (“the Services”) include supporting the implementation of the EAGER Communications and Visibility Strategy by ensuring timely delivery of communication products, visibility activities, digital content, media engagement, and knowledge-sharing outputs for the project. Specific tasks include:

Communication Planning and Coordination

 

Content Development and Editorial Support

 

Digital Communication and Social Media

 

Website and Knowledge Management Support

 

Branding, Visibility, and Compliance

 

Media and Public Engagement

 

Event Communication Support

 

 Monitoring, Reporting, and General Support

 

The detailed Terms of Reference (TOR) for the assignment are attached to this Request for Expression of Interest.

The African Union Commission now invites eligible individuals (“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. The shortlisting criteria are:

The Communications Assistant shall possess the following qualifications and experience:

 

 

Competencies and Skills

 

The Communications Assistant shall demonstrate:

 

§

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. 

A Consultant will be selected in accordance with the Individual Consultant selection method set out in the Procurement Regulations.

Further information can be obtained at the address below during office hours i.e. 0900 to 1700 hours.

Expressions of interest must be delivered in a written form to the address below (in person, or by mail, or by e-mail) by 24 July 2026

 

African Union Commission,

Attn: Head of Supply Chain Management Division

Building C, 3rd Floor,

P.O Box 3243, Roosevelt Street

Addis Ababa, Ethiopia

Tel: +251 (0) 11 551 7700 – Ext 4305

Fax: +251 (0) 11 551 0442; +251 11-551-0430

E-mails: Tender@AfricanUnion.org

 

 

 

 

 

 

TERMS OF REFERENCE

COMMUNICATIONS ASSISTANT FOR THE IMPLEMENTATION OF THE EAST AND SOUTHERN AFRICA GIRLS' EMPOWERMENT AND RESILIENCE (EAGER) PROJECT

 

Ref: ET-AUC-559232-CS-INDV

 

 

  1. Background

 

The African Union Commission (AUC) and the World Bank Group have established a strategic partnership and an extensive collaboration in various areas over the past years. Following increased engagement between the Commission and the World Bank, existing collaborations and new programmes on gender equality and women’s empowerment (GEWE) have been established. In 2023, the AU and World Bank signed an agreement to implement the East and Southern Africa Girls’ Empowerment and Resilience (EAGER) Project, to be implemented from 2024 to 2029. The project provides a platform to directly collaborate with AU Member States across Eastern and Southern Africa on women and girls’ empowerment.

 

The EAGER project seeks to increase girls’ and women’s educational attainment and earnings and to strengthen the institutional capacity to implement gender equality policies. The programme components include boosting human capital accumulation, enabling access to productive employment, and building the enabling environment to generate change across both formal and informal institutions, including development of policies and regulatory frameworks, markets, and social norms that support the adoption of progressive gender equality reforms.

 

  1. Objective of the Assignment

 

The overall objective of this assignment is to support the implementation of the EAGER Communications and Visibility Strategy by ensuring timely delivery of communication products, visibility activities, digital content, media engagement, and knowledge-sharing outputs for the project. 

 

Specifically, the Communications Assistant shall:

 

 

  1. Duty Station

 

The Communications Assistant is expected to be based in Addis Ababa, Ethiopia at the African Union Headquarters, specifically within the Women, Gender and Youth Directorate (WGYD). He/She shall avail time for any travel pertinent to EAGER as requested by the Women, Gender and Youth Directorate (WGYD), and/or the Department of Health, Humanitarian Affairs and Social Development (HHSD), and/or the African Union International Centre for Girls and Women’s Education in Africa (AUCIEFFA).

 

  1. Activities and Deliverables

 

The African Union Commission seeks the services of a qualified professional to execute the role of Communications Assistant.

 

Duties and Responsibilities

 

Under the supervision of the Regional Project Coordinator and working closely with the Communications Specialist, the Communications Assistant shall be responsible for the following:

 

4.1 Communication Planning and Coordination

 

4.2 Content Development and Editorial Support

 

4.3 Digital Communication and Social Media

 

4.4 Website and Knowledge Management Support

 

4.5 Branding, Visibility, and Compliance

 

4.6 Media and Public Engagement

 

4.7 Event Communication Support

 

4.8 Monitoring, Reporting, and General Support

 

6. Expected Deliverables

 

The Communications Assistant shall deliver, at a minimum, the following:

7. Qualifications and Work Experience Required

 

The Communications Assistant shall possess the following qualifications and experience:

 

8. Competencies and Skills

 

The Communications Assistant shall demonstrate:

·

9. Language Requirement

 

Proficiency in one AU working language (English, French, Arabic, Kiswahili, Portuguese, or Spanish) is required. Fluency in English is mandatory; knowledge of another AU language is an advantage.

 

  1.  Reporting and Supervision

 

The Communications Assistant will report to the Regional Programme Coordinator and work under the supervision of the Women, Gender and Youth Directorate (WGYD) of the African Union Commission.

 

  1. Terms of Payment and Duration

The Communications Assistant shall be remunerated based on experience, task load and will be guided by AUC considerations on equivalent professional level and rates. The contract will cover 12 months, with the possibility to extend based on successful performance.

 

 

"},{"id":"OP00455364","notice_type":"Invitation for Bids","noticedate":"07-Jul-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-07-09T00:00:00Z","submission_deadline_time":"09:30","project_ctry_name":"China","project_id":"P162178","project_name":"China Food Safety Improvement Project","bid_reference_no":"GDNC-002","bid_description":"Participate in two green, specialty and premium-product matchmaking events organized by the Ministry of Agriculture and Rural Affairs.","procurement_group":"NC","procurement_method_code":"RFQ","procurement_method_name":"Request for Quotations","contact_address":"135 Xianlie Dong Road, Guangzhou","contact_ctry_name":"China","contact_email":"nynct_ncpzx_zhangsh@gd.gov.cn","contact_name":"shuheng Zhang","contact_organization":"Guangdong Farm Products Quality Safety Center","contact_phone_no":"020-87590235","submission_date":"2026-07-07T00:00:00Z","notice_text":"

People's Republic of China
World Bank Loan

Guangdong Agricultural Product Quality Safety Improvement (Demonstration) Project
Loan No.: 9213-CN

 

 

 

 

 

 

Procurement of 2026 Brand Promotion Booth Design and Construction Services

(Non-Consulting Services)
(Contract No.: GDNC-002)

 

 

Request for Quotation (RFQ) Document

 

 

 

 

Bidding Number0733-26082787

 

 

 

 

 

 

 

June 2026

 

 

 

Chapter 1: Letter of Request for Quotation

 

Date: June 17, 2026

Bidding Number0733-26082787

 

1. The Government of the People's Republic of China has received a loan from the World Bank to finance the Guangdong Agricultural Product Quality and Safety Improvement (Demonstration) Project, and intends to apply a portion of the proceeds of this loan to eligible payments under this Request for Quotation contract.

2. China CITIC International Tendering Co., Ltd., entrusted by the Guangdong Agricultural Product Quality and Safety Center (Guangdong Green Food Development Center), hereby issues this Letter of Request for Quotation for the procurement of 2026 Brand Promotion Exhibition Design and Construction Services (Contract No.: GDNC-002) to potential suppliers. All suppliers are requested to submit their quotations in accordance with the requirements of this Request for Quotation document (please refer to Chapter 5 for the format templates of the Letter of Quotation and Quotation Form).

3. This procurement shall be conducted through the Request for Quotation method in accordance with the World Bank Procurement Guidelines, the Loan Agreement, and the Project Agreement. This Request for Quotation document is drafted with reference to the World Bank Standard Bidding Documents for Goods Procurement.

4. Supplier Qualification Requirements

Suppliers must meet the following stipulations and provide relevant supporting documents as specified. Failure to provide the required supporting documents may result in the rejection of the quotation document.

4.1 Entity Qualification: The supplier must possess the capacity to independently assume civil liability and hold a valid and qualified business license, tax registration certificate, and organization code certificate (a unified business license shall be provided if the "Three-in-One" certificate system applies). The supplier shall provide: Photocopies of the business license, tax registration certificate, and organization code certificate (or a photocopy of the unified business license if the "Three-in-One" system applies), affixed with the supplier's official seal.

4.2 Taxation and Social Security: The supplier must have a good record of paying taxes and social security funds in accordance with the law. The supplier shall provide: Photocopies of the supporting documents proving the payment of taxes and social insurance for any one month within the 6 months prior to the deadline for submission of the quotation document for this project, affixed with the supplier's official seal.

4.3 Credit Record: The supplier must not be listed on the "Credit China" website (http://www.creditchina.gov.cn) as a dishonest person subject to enforcement or as a major tax violation dishonest entity. The supplier shall provide: Screenshots of the query results for the aforementioned records from the website, affixed with the supplier's official seal.

4.4 Financial Status: The supplier must possess good commercial credit and a sound financial accounting system. The supplier shall provide: A photocopy of the audited financial report for the year 2025 (which must include at least the balance sheet, income statement, and cash flow statement).

4.5 Lawful Operation: Within the three years prior to participating in this Request for Quotation (calculated backward from the deadline for submission of the quotation document), the supplier must have no record of major legal violations in its business operations, such as criminal penalties, orders to suspend operations for rectification, revocation of licenses or permits, or imposition of substantial fines due to illegal business practices. The criteria for determining "substantial fines" shall be governed by the regulations of the provincial government in the supplier's administrative region, or by the standards set by the relevant competent administrative department of the State Council that imposes the penalty. The supplier shall provide: A "Qualification Commitment Letter" to make this commitment, in a self-drafted format.

4.6 Performance Requirements: From January 1, 2021, up to the deadline for submission of the quotation document, the supplier must have successfully implemented at least one similar service contract (both the signing and acceptance of the contract must occur between January 1, 2021, and the deadline for submission of the quotation document). The similar service contract must simultaneously meet the following requirements:
a. The exhibition area is no less than 100 square meters.
b. The contract amount is no less than RMB 760,000. If a single contract fails to meet this requirement, the supplier may provide two contracts, with each contract amount being no less than RMB 380,000.
The supplier shall provide: Key pages of the contract (including at least the cover page, service content/list, exhibition area, contract amount, signatures/seals, and date of signing) and the acceptance certificate. All the aforementioned materials must be affixed with the supplier's official seal. Original documents shall be kept available for verification.

4.7 Project Team Composition and Personnel Requirements

Staff / Working Group

Personnel Requirements

Project Manager
(1 Personnel)

1.Possesses a bachelor's degree or above, or relevant certificates in exhibition management;

2.Is a formal, on-the-job employee of the supplier and has signed a labor contract with the supplier;

3.Possesses at least 5 years of exhibition work experience;

4.Performance experience: Has served as a project manager, deputy project manager, or project head in more than one similar service contract within the past 5 years (from January 1, 2021, to the deadline for submission of the quotation document). The similar service contract must simultaneously meet the following requirements:
a. The exhibition area is no less than 100 square meters;
b. The contract amount is no less than RMB 760,000. If a single contract fails to meet this requirement, the supplier may provide two contracts, with each contract amount being no less than RMB 380,000.

 

Required documents to be provided:
Photocopy of the academic degree certificate or relevant certificates in exhibition management;
Photocopy of the labor contract;
Work resume/record form affixed with the supplier's official seal;
Key pages of the performance contract (including at least the cover page, service content/list, exhibition area, contract amount, signatures/seals and date of signing, as well as the name of the personnel and the position held); if the contract does not indicate the name and position of the personnel, a certificate issued by the client or a work resume/record form affixed with the supplier's official seal may be provided. Original documents shall be kept available for verification.

Publicity Campaign Management
(1 Personnel)

1.Possesses a bachelor's degree or above in a relevant major, or relevant certificates in exhibition management;

2.Possesses at least 5 years of work experience in publicity campaigns as of the deadline for submission of the quotation document.

 

Required documents to be provided:
Photocopy of the academic degree certificate or relevant certificates in exhibition management;
Work resume/record form affixed with the supplier's official seal.
Original documents shall be kept available for verification.

Graphic Designer
(2 Personnel)

Each person must meet the following requirements:

1.Possesses a bachelor's degree or above in a design-related major, or holds a certificate as a graphic designer or exhibition designer;

2.Possesses more than 5 years of graphic design experience for exhibitions as of the deadline for submission of the quotation document.

 

Required documents to be provided:
Photocopy of the academic degree certificate, or photocopy of the graphic designer or exhibition designer certificate;
Work resume/record form affixed with the supplier's official seal.
Original documents shall be kept available for verification.

Safety Engineer
(1 Personnel)

Holds a Safety Engineer Certificate, or possesses at least 5 years of exhibition work experience as of the deadline for submission of the quotation document.

 

Required document to be provided:
Photocopy of the Safety Engineer Certificate, or a work resume/record form affixed with the supplier's official seal.
Original documents shall be kept available for verification.

Exhibition Booth Construction Management
(At least 2 Personnel)

Each person must meet the following requirement:
1.Possesses at least 3 years of exhibition booth construction work experience as of the deadline for submission of the quotation document.

 

Required document to be provided:
Work resume/record form affixed with the supplier's official seal.
Original documents shall be kept available for verification.

Creative Publicity
(At least 1 Personnel)

Each person must meet the following requirements:

1.Possesses a bachelor's degree or above;

Possesses at least 5 years of creative publicity experience as of the deadline for submission of the quotation document.

 

Required documents to be provided:
Photocopy of the bachelor's degree or above certificate;
Work resume/record form affixed with the supplier's official seal.
Original documents shall be kept available for verification.

Photographer and Videographer
(At least 1 Personnel)

Each person must meet the following requirement:
1.Possesses at least 5 years of experience in photography, videography, editing, and video production as of the deadline for submission of the quotation document.

 

Required documents to be provided:
Work resume/record form affixed with the supplier's official seal;
Photocopy of the labor contract.
Original documents shall be kept available for verification.

 

5. Quotation Requirements

5.1 Quotation Currency: All prices shall be quoted in Renminbi (RMB/Yuan). The quoted price shall be the final price inclusive of all taxes, transportation, insurance, installation and debugging, and all other expenses required for the completion of the contract implementation.

5.2 Validity of Quotation: The quotation shall remain valid for a period of 90 calendar days from the deadline for submission of the quotation document.

5.3 Submission of Quotation Documents

5.3.1 Deadline for Submission: 9:30 AM on July 9, 2026.

5.3.2 Submission Address: Room 2, Bid Opening Room, 6th Floor, Guangren Building, No. 1 Guangren Road, Yuexiu District, Guangzhou City, Guangdong Province.

Please note: The supplier must ensure that the complete set of sealed quotation documents (hard copies) is delivered to the designated location before the deadline for submission. Late submissions will not be accepted.

5.4 Signing and Composition of Quotation Documents
The quotation documents must include the "Quotation List" and "Quotation Letter," both of which must be signed by the legal representative or their authorized representative and affixed with the supplier's official seal, as well as all other documents required to be submitted as specified in "Chapter 1: Request for Quotation Letter."

The "Quotation List" must strictly follow the format specified in "Chapter 2: Quotation List." Any discrepancies in the serial numbers, service content, quantity, unit, or remarks may result in the rejection of the quotation document.

The "Quotation Letter" must strictly follow the format of "1. Quotation Letter" in "Chapter 5: Format Examples." Any discrepancies may result in the rejection of the quotation document.

5.5 Number of Copies of Quotation Documents

Number of copies: One (1) original and four (4) copies, clearly marked as "Original" or "Copy". In the event of any discrepancy between the original and the copies, the original shall prevail. Meanwhile, a clear, complete, and sealed scanned copy of the original quotation document (in both PDF and Word formats) must be saved on a separate USB flash drive and submitted sealed together with the hard copies.

All documents shall be uniformly packed in a single outer package, and the seal of the outer package must be affixed with the supplier's official seal.

6. Joint Bidding is permitted for this project.

If bidding as a joint venture:
(1) All members of the joint venture shall jointly and severally assume the contractual obligations stipulated in the contract terms;
(2) The joint venture shall designate one member as the lead party and authorize it to handle related matters on behalf of any or all members during this quotation period. If the joint venture is awarded the contract, the lead party shall also handle related matters on behalf of any or all members during the contract performance period;
(3) A Joint Venture Agreement must be provided in the quotation documents (the format is self-drafted, signed by the legal representatives of all joint venture members, and affixed with their official seals. The content shall include, but not be limited to: the designation of the lead party, the specific scope of work and implementation content of each member in the project, joint and several liability, and the entry into force and validity period of the agreement).

7. Firms and individuals that have been sanctioned by the World Bank shall not participate in the quotation and shall not be awarded any contract financed by the World Bank. The list of sanctioned firms and individuals can be found on the website http://www.worldbank.org/debarr.

8. Evaluation Method:

8.1 The same procedures and criteria shall be applied to the evaluation of all quotation documents.
8.2 The evaluation process shall be conducted strictly in accordance with the requirements and conditions of the Request for Quotation (RFQ) document. The contract shall be awarded to the supplier whose quotation is substantially responsive to this RFQ document and has the lowest evaluated price.

9. Eligibility and Conflict of Interest

Potential suppliers shall note the provisions on eligibility and conflict of interest stipulated in the "World Bank Procurement Regulations for IPF Borrowers" (November 2020 Edition). All suppliers with a conflict of interest shall be deemed ineligible, and their quotation documents will be rejected. Suppliers must proactively disclose whether they have any affiliation with the following entities. If such affiliation exists, a statement of affiliation must be provided (format is self-drafted, and the content shall include, but not be limited to, the shareholder structure and shareholding ratio); if no such affiliation exists, a letter of commitment must be provided (format is self-drafted):

  1. The Employer: Guangdong Provincial Center for Quality and Safety of Agricultural Products (Guangdong Provincial Green Food Development Center);
  2. The Bidding Agency: CITIC International Tendering Co., Ltd.;
  3. The Feasibility Study Report Preparation Unit: Institute of Agricultural Economy and Information, Guangdong Academy of Agricultural Sciences;
  4. The Preliminary Design Unit: Guangzhou Urban Planning & Design Survey Research Institute.

10. Obtaining the Request for Quotation (RFQ) Documents

Suppliers intending to participate in this project may obtain the documents by contacting the procurement agency via email from June 17, 2026, to July 8, 2026 (Beijing Time, the same below), during the hours of 9:00 AM to 11:30 AM and 1:30 PM to 4:30 PM daily (excluding statutory holidays). Suppliers must specify the company name, contact person, contact phone number, and the name of this project in the email.

11. Publication of the Notice

The Request for Quotation Notice for this project will be published simultaneously on the following designated media: the World Bank Section of the China Bidding Public Service Platform, and the China Bidding & Procurement Network.

 

Buyer: Guangdong Provincial Center for Quality and Safety of Agricultural Products (Guangdong Provincial Green Food Development Center)
Address: No. 135 Xianlie East Road, Tianhe District, Guangzhou City, Guangdong Province
Tel: 020-87590235
Fax: /
Contact Person: Ms. Wu

 

Procurement Agent: CITIC International Tendering Co., Ltd.
Address: Room 1811, 18th Floor, Building 59, Middle 3rd Ring Road East, Chaoyang District, Beijing
Tel: 010-87945198-503/504
Fax: /
Contact Persons: Ms. Guo, Mr. Zhang
Email: guoying@ck.citic.com; zhangfan@ck.citic.com

 

 

Chapter 2: Quotation List

 

Serial No.

Service Content

Quantity

Unit

Quotation (10,000 RMB)

Note

The 1st Event: National Matchmaking Event for Renowned, Special, Superior, and New Agricultural Products. Location: Qingdao

1.1

Booth Rental (Approx. RMB 680/sqm, exhibition area no less than 160 sqm)

1

Lot

 

All designs must be approved by the purchaser before implementation;

Booth construction shall commence as required by the Organizing Committee and must be completed, including all exhibition setup, before 3:00 PM on the day prior to the opening;

No less than five (5) personnel shall be stationed on-site during the exhibition for emergency response;

Relevant promotional and photography/videography services shall be completed during the exhibition and within one day after the exhibition concludes.

1.2

Special Booth Design Service Requirements:
The special booth design proposal must strictly comply with the functional, thematic, and visual requirements specified by the purchaser (refer to the "Service Content" section of this document). The design proposal must include, at a minimum, the following: full-color 3D renderings of the overall booth; a complete set of construction drawings indicating key dimensions, as well as the names, specifications, and craftsmanship requirements of the materials to be used; and graphic design drafts for promotional backdrops, exhibition walls, posters, signage, and product introduction cards.

1

Lot

 

1.3

The exhibition area requires comprehensive custom booth construction and layout. The number and dimensions of the booths, as well as water and electricity supplies, must meet the specified requirements. The construction standard shall be no less than RMB 900 per square meter.

1

Lot

 

1.4

The exhibiting enterprises' booths shall comprise 24 independent booths and 1 public exhibition area. The total number of product categories on display shall be no less than 50 green and premium agricultural products. The supplier shall bear all costs incurred from the aforementioned logistics, warehousing, and custody services.

1

Lot

 

1.5

A high-profile exclusive promotional event for green and premium agricultural product brands must be planned and executed at the exhibition site, to comprehensively showcase the brand image of Guangdong agricultural products and facilitate matchmaking between production and sales. It is required that no less than five (5) enterprises conduct on-site promotions, and no less than ten (10) product categories be featured in the centralized promotion. For each promoted category, at least 50 standard samples or tasting portions, along with carrier bags, must be prepared for on-site display and guest tasting.

The supplier shall be responsible for: drafting the event proposal, preparing meeting materials, arranging the agenda, preparing promotional materials, leasing the venue, organizing participating enterprises and products, on-site setup, and conference execution. Furthermore, the supplier must ensure thorough pre-event preparation and provide comprehensive on-site execution support.

1

Lot

 

 

 

1.6

One hundred (100) portions or tasting samples must be prepared for each of the ten (10) categories of Guangdong specialty products, for public tasting during the exhibition.

 

1

Lot

 

1.7

A dedicated promotional feature/campaign must be established on provincial-level or higher media platforms, incorporating graphic and text promotions, short videos, and live streaming.

1

Lot

 

1.8

The cooperating media must be mainstream media at or above the provincial level, or their official new media platforms (e.g., authoritative newspapers, television stations, news websites, etc.). During the contract period, at least three (3) original promotional articles must be published. The content of the articles must be reviewed and approved by the purchaser. The articles must be published on at least three (3) different types of media platforms (e.g., The Paper, provincial-level television stations, Nanfang+, Xinhua Net, etc.).

3

Articles

 

1.9

Live Video Streaming: One (1) live broadcast session must be conducted during the exhibition, with a duration of no less than 1.5 hours. The real-time concurrent online viewership must reach no less than 100,000.

1

Event

 

1.10

Short Video Production: Five (5) short videos, each approximately 60 seconds in length, must be produced during the event. They must be published on media platforms at or above the provincial level, and the publishing accounts must have a follower base of no less than 1,000,000.

5

Units

 

1.11

Live Photo Streaming: Real-time photo streaming must be provided throughout the exhibition and the event. For outdoor activities, aerial photography (drone shots) must be included. After the event, no less than 200 high-definition (HD) photos must be provided.

1

Lot

 

1.12

Poster: Design promotional poster(s).

2

Lot

 

1.Subtotal for this item

 

 

 

 

The 2nd China Green Food Expo, Venue: Beijing

1.1

Booth Rental: Approx. ¥750/sqm, Min. 150 sqm)

1

Lot

 

 

 

 

1.Booth construction shall commence in accordance with the requirements of the Organizing Committee. All construction and setup must be completed by 3:00 PM on the day prior to the opening.

2.During the exhibition, no less than five (5) personnel must be stationed on-site for emergency response.

3.Relevant promotional reports and coverage must be completed during the exhibition and within one day after its conclusion.

1.2

Custom Booth Design Service Requirements:
The custom booth design proposal must strictly adhere to the functional, thematic, and visual requirements specified by the purchaser (refer to the "Service Content" section of this document). The design proposal must include, at a minimum, the following:

Full-color 3D renderings of the overall booth;

A complete set of construction drawings, indicating key dimensions, as well as the names, specifications, and technical requirements of the materials used;

Graphic design drafts for promotional backdrops, exhibition walls, posters, signage, and product introduction cards.

1

Lot

 

1.3

The exhibition area must be constructed and arranged as an integrated custom booth. The number and dimensions of the booths, as well as water and electricity supply, must meet the specified requirements. The standard must be no less than RMB 900 per square meter.

1

Lot

 

1.4

The total number of participating enterprises must be no less than 30, and the total number of green and high-quality agricultural product categories must be no less than 50. The contractor shall bear all costs arising from the aforementioned logistics, warehousing, and storage services.

1

Lot

 

1.5

During the exhibition, a high-profile promotional campaign for green and high-quality agricultural product brands must be planned and executed. The campaign must ensure that no less than five (5) enterprises are invited to conduct on-site promotions, and no less than ten (10) product categories are showcased. For each promoted category, at least 50 standard samples or tasting portions, along with carrier bags, must be prepared for on-site display and guest tasting.

The contractor shall be responsible for the following tasks: proposal writing, preparation of conference materials, scheduling, preparation of promotional materials, venue rental, organization of participating enterprises and products, on-site setup, and event execution. Comprehensive pre-event preparation and on-site execution support must be fully ensured.

1

Lot

 

1.6

100 portions or tasting samples of each of the 10 Guangdong specialty product categories must be prepared for public tasting during the exhibition.

1

Lot

 

1.7

A dedicated promotional feature must be established on provincial-level or higher media platforms, incorporating promotional articles, short videos, and live streaming into the feature.

1

Lot

 

1.8

Partner media must be mainstream media outlets at or above the provincial level, or their official new media platforms (e.g., authoritative newspapers, television stations, news websites, etc.). During the contract term, at least three (3) original promotional articles must be published. The content of the articles is subject to review and approval by the purchaser. The articles must be published on at least three (3) different types of media platforms (e.g., The Paper, provincial television stations, Nanfang+, Xinhuanet, etc.).

3

Articles

 

1.9

Live Video Streaming: At least one (1) live streaming session must be conducted, with a duration of no less than 1.5 hours. The real-time concurrent online viewership must reach at least 100,000.

1

Event

 

1.10

Short Video Shooting and Production: Five (5) short videos, each approximately 60 seconds in length, must be completed during the event. These videos must be published on media platforms at or above the provincial level, and the publishing accounts must have a follower base of no less than one million (1,000,000).

5

Units

 

1.11

Photo Live Streaming: Real-time photo live streaming must be provided for the entire exhibition and all activities. Outdoor activities must include aerial drone photography. After the event, no less than 200 high-definition (HD) photos must be delivered.

1

Lot

 

1.12

Poster: Design promotional poster(s).

2

Lot

 

2. Subtotal for this item

 

Total1+2

 

Chapter III Technical Requirements

 

I. Scope of Services and Term

1. Scope of Services: The supplier shall be responsible for organizing enterprises producing green and high-quality agricultural products in Guangdong Province to participate in two national-level exhibitions: the "2026 National Famous, Special, High-Quality and New Agricultural Products Production and Sales Matchmaking Event" (September 2026) and the "2026 China Green Food Expo" (October 2026). Through professional booth planning, design, construction, product marketing, and promotional activities, the supplier shall centrally showcase and promote Guangdong's green and high-quality agricultural products, effectively enhancing their brand awareness and market influence.

2.Term of Services: The term of services for this project is approximately six (6) months, commencing from the effective date of the procurement contract and concluding upon the completion of all services for both exhibitions, final acceptance, and settlement. The supplier must ensure that the corresponding tasks are completed before all critical milestones.

II. Service Content and Requirements

The supplier shall provide comprehensive, end-to-end integrated services for this project, covering planning, design, approval, construction, on-site maintenance, dismantling, and product promotional activities. The specific service content includes, but is not limited to:

 

(I) First Event: 2026 National Famous, Special, High-Quality and New Agricultural Products Production and Sales Matchmaking Event

 

1. General Requirements: The supplier shall organize enterprises to participate in the exhibition and be responsible for the overall custom design, construction, and product promotion of the exhibition area, which must cover a total area of no less than 160 square meters (the final area shall be subject to the official demarcation by the Organizing Committee). The relevant budget shall include:

Exhibition Area Rental Fee: Estimated and paid according to the Organizing Committee's standards (approximately RMB 680 per square meter).

Custom Booth Construction Fee: The construction standard must be no less than RMB 900 per square meter. The final amount shall be subject to the plan and quotation approved by the purchaser.

Product Promotion and Media Publicity Fee: Costs covering venue rental, procurement of agricultural products for tasting and audience interaction, and media publicity.

2.Specific Requirements for Booth Design

Layout Planning: The exhibition area consists of two adjacent plots (please refer to the attached drawing for the specific layout), measuring 15 meters (L) × 6 meters (W) and 13 meters (L) × 6 meters (W), respectively. The design proposal must treat the two areas as a single integrated whole, ensuring an organic connection in both visual aesthetics and traffic flow, fully reflecting unity, professionalism, and high-end quality.

Design Theme: The design style must deeply integrate the cultural characteristics of Lingnan with the modern agricultural traits of being green, high-quality, and safe, creating a distinct and positive brand image.

Functionality and Fairness: Ensure that all participating enterprises' booths have equal display exposure and foot traffic attraction. The design must meet core needs, including product display, promotional material presentation, business negotiations, and sample storage (a concealed storage space must be designed within each standard booth).

Craftsmanship and Materials: The main title (booth name) must use illuminated lettering to ensure high visibility. The main structure may use metal or wood, but it must be sturdy, safe, and environmentally friendly. All materials used must comply with national standards and regulations regarding energy conservation, environmental protection, and low carbon emissions. Recyclable or reusable materials should be prioritized.

Design Deliverables: The supplier must submit a complete design proposal, including but not limited to: overall and detailed renderings (showing different angles and details); a full set of construction drawings (including floor plans, elevations, cross-sections, electrical layouts, and point maps); renderings, detailed dimensions, and material specifications for each individual booth; and layout drafts for all promotional display boards.

All design proposals must be implemented only after receiving the written approval of the purchaser.

Attached: On-site Booth Layout (within the red box):

 

 

 

 

 

3.Booth Planning and Supporting Facility Requirements

3.1Booth Planning

The exhibition area must be planned to include no less than 24 booths, 1 public exhibition zone, and 1 tasting zone. The booths must adopt an integrated design consisting of a "front display counter (for product display and demonstration), rear storage cabinet + display board (for storage and supplementary display), and 2 seats in the middle."

Front Display Counter Dimensions: Length, width, and height must be no less than 1.4m, 0.5m, and 0.8m, respectively, and must include a hollow storage space with a height of no less than 0.2m.

Rear Storage Cabinet Dimensions: Length, width, and height should be approximately 1.4m, 0.3m, and 1m, respectively. The cabinet must have at least three (3) tiers and be equipped with a lock.

Display Board: The area from 1m to 2m in height shall serve as a display board, providing sufficient space for text and images to promote enterprises and products.

The specific dimensions and layout plans for the display counters and storage cabinets must fully consider pedestrian traffic flow, line-of-sight transparency, and enterprise display needs during the design phase. Final optimization and adjustments shall be made based on actual on-site conditions during the setup phase to maximize space utilization and display effects.

The public exhibition zone and tasting zone must be set up reasonably. The public exhibition zone must be able to display approximately 40-50 individually packaged agricultural products. The tasting zone must be equipped with at least 1 round table and 6 chairs.

3.2 Supporting Facilities

The booth design must fully consider the specific display needs of the agricultural products industry. It must reasonably plan and guarantee functional areas such as the product tasting zone, refrigerator/freezer storage space, centralized storage space, and the placement area for rented display cabinets.

The exhibition area must be equipped with no less than 4 complete tea tables (including matching chairs) for tea art demonstrations and client reception. The tabletop of each single tea table must measure no less than 1.4m (L) × 0.6m (W), and its material and style must coordinate with the overall booth design.

3.3 Water, Electricity, and On-site Support

Power Supply: The supplier must apply to the exhibition organizer and ensure that the total power load for the booth is no less than 30 kilowatts (kW) to meet the power requirements for all equipment, including lighting, grills, and refrigerators. The relevant electricity costs must be included in the total quoted price and shall not be charged separately to the participating enterprises.

Water Service: The supplier must uniformly provide bottled water for drinking purposes to all participating enterprises during the exhibition. The brand must meet the purchaser's requirements (typically C'estbon or Nongfu Spring).

3.4 On-site Support

During the exhibition, the supplier must arrange for qualified full-time electricians and on-site coordinators to be stationed at the venue. They will be responsible for electrical safety inspections, emergency equipment repairs, handling of unexpected situations, and daily coordination with the venue management, ensuring booth safety and the normal operation of all equipment throughout the exhibition.

4. Enterprise Organization and Exhibition Services

Enterprise Organization Target: The supplier shall assist the purchaser in organizing no less than 30 enterprises representing Guangdong's green and high-quality agricultural products to participate in the exhibition, with a total of no less than 50 product categories. The exhibition period shall cover the full three (3) days.

End-to-End Exhibition Services: The supplier must provide all participating enterprises with one-stop, high-standard, full-process services, including but not limited to:

Preliminary Coordination and Preparation: Responsible for information collection, document organization, and designing and producing unified exhibition display layouts for the enterprises.

Logistics and Warehousing: Responsible for the long-distance transportation of all exhibits from the designated consolidation point to the booth site, as well as in-venue handling and placement. The supplier must ensure the safe custody of exhibits during the exhibition and assume corresponding insurance liabilities. After the exhibition, the supplier must safely return the exhibits to the designated location of the original providing units.

On-site Coordination and Management: Set up an on-site service desk to assist enterprises with procedures such as venue entry/exit, badge application, and equipment debugging, and handle various on-site inquiries and emergencies.

5. Supporting Activity Planning and Execution

The supplier shall plan and execute a high-quality product promotion event, serving as the core component for brand promotion and production-sales matchmaking during the exhibition.

Event Overview: Plan and execute a precise and efficient product promotion and production-sales matchmaking meeting to deeply promote Guangdong's green and high-quality agricultural products.

Service Content: Provide end-to-end services, including but not limited to: comprehensive event planning and proposal writing, venue rental and on-site setup, conference process management and execution, conference material design and production, preparation of promotional materials, invitation and reception of attendees, organization of participating enterprises and products, on-site atmosphere creation, and process control.

Specific Requirements:

Proposal Approval: The specific event theme, process, and detailed proposal must be submitted to the purchaser for review and can only be executed upon approval.

Scale and Organization: Ensure that no less than 5 representative enterprises take the stage for on-site promotion, with a centralized display and promotion of no less than 10 product categories. For each promoted category, at least 50 standard samples or tasting packages, along with handbags, must be prepared.

Attendees: Successfully invite and organize a total of no less than 50 professional visitors, purchasers, media representatives, etc.

Execution Guarantee: Arrange an experienced full-time event execution team (no less than 4 personnel) to be responsible for full-process support.

Deliverables: After the event, an "Event Summary Report" must be submitted, along with event photo and text materials, media reports, and live streaming records.

 

6. Media Publicity and Video Production Services

The supplier shall formulate and execute an integrated brand communication plan. Through diversified media formats and high-quality visual content, the supplier must comprehensively enhance the breadth and depth of the publicity for this exhibition.

6.1 Integrated Thematic Publicity

Publicity and Reporting: During the contract period, the supplier must plan and publish no less than three (3) high-quality original promotional articles. The content of these articles must be reviewed by the purchaser and published on at least three (3) different mainstream news media platforms at or above the provincial level (such as authoritative news websites, mobile clients, newspapers, etc.).

Thematic Planning: On a media platform at or above the provincial level, the supplier must plan and launch an aggregated online promotional feature page. This feature page must be well-designed and integrate the exhibition's news articles, interviews, live streaming portals, and short video collections, forming a centralized publicity hub.

6.2 Video Live Streaming Services

Streaming Sessions and Content: During the key periods of the exhibition, the supplier must plan and execute no less than one (1) high-quality video live streaming session, with a duration of no less than 90 minutes. The live streaming content must include, at a minimum, on-site interviews with key participating enterprises, in-depth explanations and demonstrations of exhibited products, and real-time coverage of important event segments.

Communication Effectiveness: The peak real-time concurrent online viewership for a single live streaming session across all platforms must reach no less than 100,000. The cumulative view count shall serve as an important reference indicator for effectiveness. The supplier must conduct multi-channel pre-heating and traffic generation before and after the live streaming to ensure optimal results.

6.3 Short Video Production & Distribution

Content Creation: During the event, plan, shoot, and produce no less than 5 creative short videos. The content should focus on event highlights, product stories, and brand culture. Each video should be around 60 seconds long and optimized for mobile distribution.

Publishing & Distribution: The short videos must be published on at least 2 provincial-level or higher mainstream media outlets, or their official new media platforms (e.g., Douyin, WeChat Channels, Weibo, etc.). The media agency or the publishing account must have a total follower base of no less than 1 million on the respective platform to ensure adequate baseline reach.

6.4 Live Photo Streaming & Visual Assets

Live Photo Streaming: Provide live photo streaming services during the exhibition and key event periods. Professional photographers will be arranged for full coverage, capturing real-time shots of booth displays, promotional meetings, etc., and uploading them instantly to a cloud album for sharing.

Asset Delivery: After the event, deliver a complete set of event visual assets to the purchaser. This includes: at least 200 high-definition event photos that are curated and post-processed, plus download access to all original HD photos in the live streaming cloud album.

6.5 Graphic Design

Based on the event theme, design no less than 2 main visual (KV) promotional posters. Versions suitable for both online and offline scenarios (e.g., print, screen display, social media) must be provided.

 

(I) The Second Expo

 

1.Exhibition Organization:

The exhibition space shall be no less than 150 square meters (subject to the booth area determined by the Organizing Committee), featuring a custom-built (special decoration) setup. The costs shall include the exhibition zone rental (approximately RMB 750/sqm) and the custom setup, which must meet a minimum standard of RMB 900/sqm. Specific requirements are as follows:

Layout Planning: The exhibition zone shall be approximately 15 meters long and 10 meters wide (subject to final confirmation). The design style must deeply integrate the characteristics of Lingnan culture with the green, premium, and safe attributes of modern agriculture, creating a distinct and positive brand image.

Functionality & Fairness: Ensure that all participating enterprises receive equal display exposure and foot traffic attraction. The design must meet core needs, including product display, promotional material presentation, business negotiations, and sample storage (concealed storage space must be designed within each standard booth).

Craftsmanship & Materials: The main title (booth name) must use illuminated lettering to ensure high visibility. The main structure may be constructed of metal or wood, but it must be sturdy, safe, and environmentally friendly. All production materials must comply with national standards and regulations regarding energy conservation, environmental protection, and low carbon emissions. Preference shall be given to recyclable or reusable materials.

Delivery of Design Deliverables: The supplier must submit a complete design proposal, including but not limited to: overall and partial renderings (reflecting various angles and details); a full set of construction drawings (including floor plans, elevations, cross-sections, electrical circuit diagrams, and point maps); renderings, detailed dimensions, and material specifications for each individual booth; and layout drafts for all promotional display boards.

All design proposals must receive the written approval of the purchaser before implementation.

 

2.Booth Planning & Supporting Facilities Requirements

2.1Booth PlanningThe exhibition zone must be planned to include no less than 20 individual booths, 1 public exhibition area, and 1 tasting area. Each booth shall feature an integrated design consisting of a front display counter (for product display and demonstration), a rear storage cabinet with display boards (for storage and supplementary display), and 2 seats in the middle.

Front Display Counter Dimensions: Length, width, and height must be no less than 1.4m, 0.5m, and 0.8m respectively, and it must include a hollow storage space with a height of no less than 0.2m.

Rear Storage Cabinet Dimensions: Length, width, and height should be approximately 1.4m, 0.3m, and 1m respectively. The cabinet must have at least 3 tiers and be equipped with a lock.

Display Boards: The area from 1m to 2m in height shall serve as display boards, providing adequate space for text and images to promote the enterprises and their products.

The specific dimensions and layout plan for the display counters and cabinets must fully consider pedestrian traffic flow, clear lines of sight, and corporate display needs during the design phase. During the setup phase, final optimizations and adjustments shall be made based on actual on-site conditions to maximize space utilization and display effectiveness.

The public exhibition area and tasting area must be set up reasonably. The public exhibition area is required to accommodate the display of approximately 40 to 50 individually packaged agricultural products. The tasting area shall be equipped with 2 round tables and 8 chairs.

 

2.2 Supporting FacilitiesThe booth design must fully consider the specific display requirements of the agricultural products industry. It should reasonably plan and allocate functional zones, including a product tasting area, refrigerator/freezer storage space, centralized storage area, and a designated area for rented display cabinets. Additionally, no less than 4 complete tea table sets (including matching chairs) must be provided in the exhibition zone for tea art demonstrations and client reception. The tabletop dimensions for each set must be no less than 1.4m (L) × 0.6m (W), and the material and style should harmonize with the overall booth design.

2.3 Utilities & On-site Support

Power Supply: The supplier must apply to the exhibition organizer to ensure the total power supply for the booth is no less than 30 kW, meeting the electricity needs of all equipment, including lighting, grills, and refrigerators. The relevant electricity fees must be included in the total quoted price and shall not be charged separately to the exhibiting enterprises.

Water Service: Bottled drinking water must be uniformly provided to all participating enterprises during the exhibition. The brand must meet the purchaser's requirements (typically C'estbon or Nongfu Spring).

2.4 On-site SupportDuring the exhibition, the supplier must station qualified full-time electricians and on-site coordinators. They will be responsible for electrical safety inspections, emergency equipment repairs, handling unexpected incidents, and daily coordination with the venue management, ensuring booth safety and the normal operation of all equipment throughout the event.

3.Enterprise Organization & Exhibition Services

Enterprise Organization Goals: Assist the purchaser in organizing no less than 30 enterprises representing green and premium agricultural products from Guangdong Province to participate in the exhibition. The total number of product categories exhibited must be no less than 50. The exhibition period shall cover a full 3 days.

End-to-End Exhibition Services: The supplier must provide one-stop, high-standard, comprehensive services for all participating enterprises, including but not limited to:

Preliminary Communication & Preparation: Responsible for information collection, data organization, and designing and producing unified exhibition display boards for the enterprises.

Logistics & Warehousing: Responsible for the long-distance transportation of all exhibits from the designated consolidation point to the booth site, as well as in-hall handling and placement. Responsible for the safe custody of the exhibits during the exhibition and bear the corresponding insurance liability. After the exhibition, responsible for safely returning the exhibits to the designated location of the original providing units.

On-site Coordination & Management: Set up an on-site service desk to assist enterprises with procedures such as booth setup and dismantling, badge application, and equipment debugging, and to handle various on-site inquiries and emergencies.

4.Media Promotion & Visual Production Services

The supplier shall formulate and execute an integrated brand communication strategy, utilizing diversified media formats and high-quality visual content to comprehensively enhance the breadth and depth of the promotional reach for this exhibition.

4.1 Integrated Thematic Promotion

Publicity & Reporting: During the contract period, plan and publish no less than 3 high-quality original publicity articles. The content of these articles must be reviewed and approved by the purchaser and published on at least 3 different provincial-level or higher mainstream news media platforms (such as authoritative news websites, mobile apps, newspapers, etc.).

Thematic Planning: On 1 core provincial-level or higher media platform designated by the purchaser, plan and launch an aggregated online promotional feature page. This feature page must be well-designed and capable of integrating and displaying various content, including news articles with text and images, exclusive interviews, live stream entrances, and short video compilations, thereby creating a centralized promotional hub.

4.2 Video Live Streaming Services

Streaming Sessions & Content: During the key event periods of the exhibition, plan and execute no less than 1 high-quality video live stream. Each session must last for a minimum of 90 minutes. The streaming content must include, at the very least, on-site interviews with key participating enterprises, in-depth explanations and demonstrations of exhibited products, and real-time coverage of important event segments.

Communication Effectiveness: The peak concurrent viewership (PCU) across all platforms for a single live stream must be no less than 100,000. The cumulative view count will serve as a key reference metric for effectiveness. The supplier must conduct multi-channel pre-event promotions and traffic generation before and after the live stream to ensure optimal streaming results.

4.3 Short Video Production & Distribution

Content Creation: During the event, plan, shoot, and produce no less than 5 creative short videos. The content should focus on event highlights, product stories, and brand culture. Each video should be approximately 60 seconds long and optimized for mobile distribution.

Publishing & Distribution: The short videos must be published on at least 2 provincial-level or higher mainstream media outlets or their official new media platforms (e.g., Douyin, WeChat Channels, Weibo, etc.). The media agency or the publishing account must have a total follower base of no less than 1 million on the respective platform to ensure adequate baseline reach.

4.4 Live Photo Streaming & Visual Assets

Live Photo Streaming: Provide live photo streaming services during the exhibition and key event periods. Professional photographers will be arranged for full coverage, capturing real-time shots of booth displays, promotional meetings, etc., and uploading them instantly to a cloud album for sharing.

Asset Delivery: After the event, deliver a complete set of event visual assets to the purchaser. This includes: at least 200 high-definition event photos that are curated and post-processed, plus download access to all original HD photos in the live streaming cloud album.

4.5 Graphic Design

Based on the event theme, design no less than 2 main visual (KV) promotional posters. Versions suitable for both online and offline scenarios (e.g., print, screen display, social media) must be provided.

 

(III) Collection and Organization of Publicity Outcomes, Summary Report, and Assistance with Project Acceptance

1.Responsible for organizing materials and establishing a complete archive of the publicity campaign outputs, summary reports, and relevant supporting documents. This includes the collection of publicity outcomes from various platforms and the statistical analysis of data such as readership/views.

2.Organize offline events and draft activity summaries and publicity outcome reports to evaluate the effectiveness of the publicity campaign in enhancing the brand awareness, reputation, and transaction volume of agricultural products in the demonstration cities.

(IV) Other Requirements

1.Responsible for the construction of the exhibition booth at the location designated by the purchaser.

2.During the service period, the supplier must ensure the quality and safety of the booth and the materials used for its construction throughout the exhibition, and clear all solid waste generated during the setup process.

3.During the booth setup and exhibition periods, the supplier must dynamically adjust the booths and display content according to the purchaser's requirements.

4.After the exhibition, the supplier shall be responsible for dismantling the booth and properly disposing of all solid waste generated by the dismantling process.

 

III. Response Time

During the exhibition service period, the supplier shall provide satisfactory on-site services and resolve any issues that arise promptly. In the event of emergencies, the response time shall not exceed 10 minutes, and the issue must be resolved within 1 hour.

IV. Deliverables

The service agency shall provide the Provincial Project Office with materials and summary reports generated from the publicity campaign, including but not limited to the following:

  1. Summary report and relevant supporting documents for the first exhibition.
  2. Summary report and relevant supporting documents for the second exhibition.

The above reports shall be submitted in both Chinese and English within 15 working days after the conclusion of each respective event. Six printed copies and one electronic copy of each report must be provided.

All data, reports, converged media products, research outcomes, and related intellectual property rights generated from the fulfillment of this consulting assignment shall be owned by the Department of Agriculture and Rural Affairs of Guangdong Province.

V. Support Available from the PPMO

(1) The purchaser will work closely with the service agency, designate a dedicated liaison officer, and provide necessary support, including relevant materials.

(2) The service agency shall collaborate closely with other relevant stakeholders involved in this sub-project.

 

VI. Assessment Methods

1.All of the aforementioned service contents are fully completed.

2.Deliverables are submitted on time and in the required quantities.

3.A total of no less than 6 media publicity articles are published across no less than 3 media platforms, including at least 1 national-level media outlet and no less than 2 provincial-level media platforms. Additionally, no less than 2 on-site live streams (with a total duration of no less than 3 hours) and no less than 10 short videos are published.

4.The total number of views across all platforms for graphic/text publicity, short videos, and live streams must reach no less than 1 million.

5.The satisfaction rate of participating enterprises for each event must be no less than 90%.

 

VII. Payment Terms

1.After the signing of the contract, the purchaser shall apply to the financial department for an advance payment equivalent to 10% of the total contract price within 20 working days of receiving the supplier's implementation plans for both exhibitions and a valid invoice of the corresponding amount.

2.After the supplier has successfully completed the booth services for the first exhibition and submitted the acceptance report and reimbursement materials for the first event, and upon the purchaser's verification and approval of these documents without errors, the purchaser shall apply to the financial department for a progress payment equivalent to 30% of the total contract price within 20 working days of receiving a valid invoice of the corresponding amount from the supplier.

3.After the supplier has successfully completed the booth services for the second exhibition and submitted the acceptance report and reimbursement materials for the second event, and upon the purchaser's verification and approval of these documents without errors, the purchaser shall apply to the financial department for a progress payment equivalent to 60% of the total contract price within 20 working days of receiving a valid invoice of the corresponding amount from the supplier.

Note: Before each payment is made under the contract, the supplier must provide the purchaser with a valid invoice matching the payment amount. The payee, the invoice issuer, and Party B of the contract must all strictly match the name of the successful supplier. As this project operates under a reimbursement system, the buyer's submission of a reimbursement application to the financial department within the stipulated timeframe shall be deemed as the fulfillment of its payment obligations within the required timeframe.

 

VIII. Key Regulations to be Complied With

(1) Advertising Law of the People's Republic of China

(2) Administrative Measures on Internet Information Services

(3) Provisions on the Administration of Internet News Information Services

(4) Code of Conduct for Fair Competition in the Advertising Industry

(5) Interim Measures for the Promotion and Administration of Public Service Advertising

 

 

 

Chapter 4 Contract Terms

 

 

Table of Contents

 

  1. Definitions
  2. Country of Origin
  3. Standards
  4. Use of Contract Documents and Materials; Inspection and Audit by the World Bank
  5. Patents
  6. Performance Security
  7. Inspection and Tests
  8. Packing
  9. Insurance
  10. Shipment
  11. Accompanying Services
  12. Spare Parts
  13. Warranty
  14. Payment
  15. Prices
  16. Change Orders
  17. Supplier Delay in Performance
  18. Liquidated Damages for Delay
  19. Termination for Default
  20. Force Majeure
  21. Termination for Insolvency
  22. Termination for Buyer's Convenience
  23. Settlement of Disputes
  24. Notices
  25. Taxes
  26. Effectiveness of Contract

 

Contract Terms

1. Definitions

The following terms used in this Contract shall be interpreted as follows:

  1. "Contract" means the agreement entered into between the Buyer and the Supplier, as set forth in the Contract Form signed by the parties, including all attachments, appendices, and all documents referred to therein that form part of the Contract.
    (2) "Contract Price" means the price payable to the Supplier by the Buyer for the full and proper performance of its contractual obligations in accordance with the provisions of the Contract.
    (3) "Goods" means all equipment, machinery, and/or other materials which the Supplier is required to supply to the Buyer under the Contract.
    (4) "Services" means those services ancillary to the supply of the Goods, such as transportation, loading and unloading, and other obligations to be borne by the Supplier as specified in the Contract.
    (5) "World Bank" means the International Bank for Reconstruction and Development (IBRD) or the International Development Association (IDA).
    (6) "Project Site" means Qingdao and Beijing.
    (7) "Day" means calendar days.

 

  1. Country of Origin
    1. The Goods and Services provided under this Contract shall originate from eligible countries and regions as stipulated in the World Bank Guidelines.

2.2 The term "Country of Origin" referred to in this Article means the place where the Goods are mined, grown, or produced, or the place from which the Services are supplied. Goods may be manufactured or processed, or subjected to substantial assembly of major components, into a product. A new product is commercially recognized if it differs substantially in basic characteristics, purpose, or function from its constituent components.

 

  1. Standards

The Goods delivered under this Contract shall conform to the standards specified in the Technical Specifications. If no applicable standards are mentioned, the Goods shall conform to the applicable official standards. Such standards must be the latest versions issued by the relevant authorities.

 

  1. Use of Contract Documents and Materials; Inspection and Audit by the World Bank
    1. Without the prior written consent of the Buyer, the Supplier shall not disclose to any person employed by the Supplier for purposes other than the performance of this Contract any information concerning the Contract or any provision thereof, specifications, plans, drawings, patterns, samples, or other materials furnished by or on behalf of the Buyer. Even when provided to employees engaged in the performance of this Contract, such information shall be treated as confidential and shall be restricted to the extent necessary for the performance of the Contract.
    2. Without the prior written consent of the Buyer, the Supplier shall not use any of the documents and materials listed in Article 4.1 for any purpose other than the performance of this Contract.

4.3 Except for the Contract itself, any of the documents listed in Article 4.1 shall remain the property of the Buyer. Upon request by the Buyer, the Supplier shall return these documents (including all copies) to the Buyer upon completion of the Contract.

 

 

4.4 If requested by the World Bank, the Supplier shall permit the World Bank to inspect the Supplier's accounts and records relating to the performance of this Contract and to have such accounts and records audited by auditors appointed by the World Bank.

 

5Patents

The Supplier shall indemnify the Buyer against all claims of infringement of any patent, trademark, or industrial design rights arising from the use of the Goods or any part thereof by the Buyer.

 

6Performance Security

Not required.

 

7Inspection and Tests

7.1 The Buyer or its representative shall have the right to inspect and/or test the Goods to confirm their conformity to the Contract Specifications at no additional cost.

7.2 Inspections and tests may be conducted at the Supplier's premises, at the point of delivery, and/or at the Goods' final destination. If conducted at the Supplier's premises, the Supplier shall furnish all reasonable facilities and assistance to the inspectors at no cost to the Buyer.

7.3 Should any inspected or tested Goods fail to conform to the Specifications, the Buyer may reject the Goods, and the Supplier shall either replace the rejected Goods or make alterations necessary to meet the Specification requirements free of cost to the Buyer.

 

8Packing

The Supplier shall provide such packing for the Goods as is required to prevent damage or deterioration during transit to the final destination specified in the Contract. Such packing shall be adequate to withstand, without limitation, rough handling during transit, exposure to extreme temperatures, high salinity, rainfall, and open storage. The size and weight of the cases shall take into consideration the remoteness of the Goods' final destination and the lack of heavy lifting equipment at all transit points.

 

9Insurance

The risk of loss of or damage to the Goods during the course of manufacture, transportation, storage, and delivery shall be the responsibility of the Supplier, who shall fully insure the Goods against such risks.

 

10Shipment

The Supplier shall be responsible for arranging and bearing all costs for delivering the Goods to the Project Site. Such costs shall be included in the Contract Price.

 

11Warranty

 

11.1 The Supplier warrants that the Goods supplied under this Contract are new, unused, of the latest or current models, and incorporate all recent improvements in design and materials, unless otherwise provided in the Contract.

11.2 The Supplier warrants that the Goods shall meet the performance specifications stipulated in the Contract. If, due to the Supplier's fault, the specified performance specifications are not met in whole or in part, the Supplier shall, at its own cost, replace or repair the Goods to meet the required performance specifications.

11.3 The Buyer shall notify the Supplier in writing of any claims arising under this warranty within a reasonable time after the discovery of the defect.

11.4 Upon receipt of such notice, the Supplier shall repair or replace the defective Goods or components with reasonable speed and free of cost within two weeks. The Buyer shall bear the inland freight costs from the place of manufacture to the final destination for the repaired or replaced Goods or components.

11.5 If the Supplier fails to remedy the defect with reasonable speed within two weeks after receipt of the notice, the Buyer may take such remedial action as may be necessary, at the Supplier's risk and expense, without prejudice to any other rights which the Buyer may have against the Supplier under the Contract.

 

12Payment

12.1 Within twenty (20) working days after the execution of this Contract, and upon receipt of the Supplier's implementation plan for the two exhibitions and an invoice of an equivalent amount, the Buyer shall apply to the relevant financial department for an advance payment amounting to ten percent (10%) of the total Contract Price.

12.2 Upon the Supplier's satisfactory completion of the booth services for the first exhibition, and the Buyer's verification and approval of the acceptance report and reimbursement materials submitted for the first exhibition, the Buyer shall, within twenty (20) working days after receipt of an invoice of an equivalent amount, apply to the relevant financial department for a progress payment amounting to thirty percent (30%) of the total Contract Price.

12.3 Upon the Supplier's satisfactory completion of the booth services for the second exhibition, and the Buyer's verification and approval of the acceptance report and reimbursement materials submitted for the second exhibition, the Buyer shall, within twenty (20) working days after receipt of an invoice of an equivalent amount, apply to the relevant financial department for a progress payment amounting to sixty percent (60%) of the total Contract Price.

Note: Prior to each payment under this Contract, the Supplier shall provide a valid invoice corresponding to the payment amount. The payee, the invoice issuer, and Party B of this Contract must strictly bear the exact same name as the successful Supplier. Since this Project is subject to a reimbursement system, the Buyer's submission of a reimbursement application to the relevant financial department within the prescribed time limit shall be deemed as the fulfillment of the payment obligation within the required timeframe.

13Prices

The prices charged by the Supplier for the delivery of Goods and the performance of Services under this Contract shall be the prices quoted by the Supplier in the Price Schedule. Such prices shall be fixed.

 

14Change Orders

14.1 The Buyer may, at any time, issue written instructions to the Supplier to make changes, within the general scope of this Contract, in one or more of the following:
(1) The drawings, designs, or specifications, where the Goods to be supplied under this Contract are specifically manufactured for the Buyer;
(2) The method of shipment or packing;
(3) The place of delivery; or
(4) The services to be performed by the Supplier.

 

14.2 If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Contract, the Contract Price, the delivery schedule, or both, shall be equitably adjusted, and the Contract shall be modified accordingly. Any claim by the Supplier for adjustment under this Article shall be submitted within thirty (30) days after receipt of the Change Order from the Buyer.

 

 

15Supplier Delay in Performance

15.1 The Supplier shall deliver the Goods and perform the Services in accordance with the schedule specified by the Buyer in the "Schedule of Requirements for Goods".

15.2 If, during the performance of the Contract, the Supplier encounters circumstances that may delay the timely delivery of the Goods or the performance of the Services, the Supplier shall promptly notify the Buyer in writing of the fact of the delay, the likely duration thereof, and the causes thereof. Upon receipt of such notice, the Buyer shall evaluate the situation as soon as possible and determine whether to extend the time for delivery at its discretion and whether to assess liquidated damages for delay. Any extension shall be mutually agreed upon through a modification of the Contract.

15.3 Except as provided in Article 18, unless an extension has been granted without the assessment of liquidated damages pursuant to Article 15.2, the Supplier's delay in delivery shall be subject to liquidated damages for delay as provided in Article 16.

 

16Liquidated Damages for Delay

If the Supplier fails to deliver the Goods or perform the Services within the time periods stipulated in the Contract, the Buyer shall, without prejudice to any other remedies available under the Contract, deduct liquidated damages for delay from the Contract Price. The liquidated damages shall be assessed at the rate of one percent (1%) of the price of the delayed Goods or the fees for the unperformed Services per week of delay, until the actual delivery or performance is completed. The maximum amount of liquidated damages for delay shall be ten percent (10%) of the total Contract Price. Once the maximum amount of liquidated damages is reached, the Buyer may consider terminating the Contract.

 

17Termination for Default

17.1 Without prejudice to any other remedies available to the Buyer for the Supplier's default, the Buyer may issue a written notice of default to the Supplier, proposing to terminate the Contract in whole or in part:
(1) If the Supplier fails to deliver any or all of the Goods within the period specified in the Contract or within any extension thereof granted by the Buyer pursuant to Article 15; or
(2) If the Supplier fails to perform any other obligation stipulated in the Contract.

17.2 If the Buyer terminates the Contract in whole or in part pursuant to Article 17.1, the Buyer may procure, upon such terms and in such manner as it deems appropriate, goods similar to those undelivered, and the Supplier shall be liable to the Buyer for any excess costs for such similar goods. However, the Supplier shall continue the performance of the Contract to the extent not terminated.

 

18Force Majeure

18.1 If the Supplier's performance of or delivery under the Contract is delayed or prevented by Force Majeure, the Supplier shall not be subject to forfeiture of its Performance Security, nor shall it be liable for liquidated damages for delay or termination of the Contract.

18.2 "Force Majeure" as referred to in this Article means those events that are beyond the control of the Supplier and are not foreseeable, but do not include the Supplier's default or negligence. Force Majeure events include, but are not limited to: actions by the Buyer within its sovereign jurisdiction, war or revolution, fire, flood, epidemic, quarantine restrictions, embargoes, and cancellation of the event as notified by the event organizer.

18.3 In the event of Force Majeure, the Supplier shall notify the Buyer in writing as soon as possible of the occurrence of the Force Majeure and the causes thereof. Unless otherwise requested in writing by the Buyer, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practicable, and shall seek all reasonable means to perform the other matters not affected by the Force Majeure.

 

 

19Termination for Insolvency

If the Supplier becomes bankrupt or otherwise insolvent, the Buyer may, at any time, terminate the Contract by giving written notice to the Supplier without compensation to the Supplier. Such termination shall not prejudice or affect any rights or remedies which the Buyer has already exercised or may exercise in the future.

 

20Termination for Buyer's Convenience

20.1 The Buyer may, at any time for its own convenience, terminate the Contract in whole or in part by giving written notice to the Supplier. The notice of termination shall specify that the termination is for the Buyer's convenience, the extent to which the Contract is terminated, and the effective date of such termination.

20.2 For the Goods that have been completed and ready for shipment within thirty (30) days after the Supplier's receipt of the termination notice, the Buyer shall accept such Goods at the original Contract price and terms. For the remaining Goods, the Buyer may:
(1) Have any portion thereof completed and delivered at the original Contract price and terms; and/or
(2) Cancel the remaining Goods and pay the Supplier an agreed amount for the partially completed Goods and Services, as well as for the materials and components previously procured by the Supplier.

 

21Settlement of Disputes

21.1 The Buyer and the Supplier shall settle all disputes arising from the execution of this Contract or relating thereto through direct, informal consultations in an amicable manner.

21.2 If the Buyer and the Supplier are unable to settle the Contract disputes amicably within thirty (30) days after the commencement of such informal consultations, either party may request that the dispute be submitted to: Guangzhou Arbitration Commission.

 

22Notices

Notices given by one party to the other under this Contract shall be in writing and sent via facsimile. The contact details are as follows:

Buyer: Guangdong Agricultural Products Quality and Safety Center (Guangdong Green Food Development Center)
Address: No. 135, Xianlie East Road, Tianhe District, Guangzhou City, Guangdong Province
Postal Code: 510599
Telephone: 020-87590235
Facsimile: /
Contact Person: Ms. Wu

 

Supplier:
Address:
Postal Code:
Telephone:
Facsimile:
Contact Person:

 

 

23Taxes

The Supplier shall be solely and fully responsible for all taxes and duties levied on the Goods prior to their delivery to the Buyer.

All taxes and duties levied on the Buyer in connection with this Contract pursuant to the prevailing tax laws of the Chinese Government shall be borne by the Buyer.

 

  1. Effectiveness of Contract

This Contract shall come into effect upon being signed and stamped by both parties (the Supplier must sign and stamp by its Legal Representative).

 

Chapter Five Format Examples

1. Letter of Bid

 

 

Date: [Month] [Day], 2026
Enquiry Reference No.: ________________

 

To: ___________________

 

Having examined the Enquiry Documents including Amendment(s) No. ______ (insert number) which has/have been duly received, we, the undersigned, offer to supply the Services in accordance with the said Enquiry Documents for the Total Price of ________________ (expressed in words and figures).

 

If we are determined to be the successful Supplier, we shall deliver the Services within the delivery period specified in the Schedule of Services.

 

We agree that this Bid shall be valid for a period of 90 days from the date fixed for the submission deadline of the Price Schedule, and it shall remain binding upon us and may be accepted at any time before the expiration of that period.

 

Until a formal Contract is executed, this Bid, your Enquiry Documents, and the Letter of Acceptance shall constitute a binding Contract between us.

 

Bidder: (Official Seal)
Signature of Authorized Representative:

 

 

 

2. Contract Form

 

This Contract is made on this ______ day of ________, 20XX, by and between ________________________ (Name of Buyer) (hereinafter referred to as the "Buyer") on the one part, and ________________________ (Name of Supplier) (hereinafter referred to as the "Supplier") on the other part, subject to the terms and conditions hereinafter set forth.

Whereas the Buyer has invited bids for the acquisition of the Services (Name of Goods and Services) and has accepted the Bid submitted by the Supplier to provide the said Goods and Services for the Total Amount of ________________________ (Contract Price expressed in words and figures) (hereinafter referred to as the "Contract Price").

It is hereby agreed as follows:

1.The meanings of words and terms used in this Agreement are the same as those defined in the Conditions of Contract.

2.The following documents shall be deemed to form and be read and construed as part of this Agreement:
(1) The Letter of Bid and Price Schedule submitted by the Supplier;
(2) The Schedule of Services;
(3) Technical Requirements;
(4) Conditions of Contract;
(5) The Letter of Acceptance issued by the Buyer.

3.In consideration of the payments to be made by the Buyer to the Supplier as prescribed herein, the Supplier hereby covenants with the Buyer to provide the Goods and Services and to remedy defects therein in accordance with the Contract.

4.In consideration of the Goods and Services to be provided by the Supplier and the remedy of defects therein, the Buyer hereby covenants with the Supplier to pay the Contract Price or such other sums as are payable under the Contract to the Supplier at the times and in the manner prescribed by the Contract.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written in accordance with their respective laws.

 

Buyer: (Official Seal)
Signature of Authorized Representative:

Supplier: (Official Seal)
Signature of Authorized Representative:

"},{"id":"OP00450432","notice_type":"Request for Expression of Interest","noticedate":"06-Jul-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-07-15T00:00:00Z","submission_deadline_time":"04:00","project_ctry_name":"Egypt, Arab Republic of","project_id":"P172426","project_name":"Supporting Egypt’s Universal Health Insurance System","bid_reference_no":"EG-MOF-520197-CS-CQS","bid_description":"Supporting Cost Efficiency and Sustainability Transformation Program in Egypt’s Healthcare System for EHA","procurement_group":"CS","procurement_method_code":"CQS","procurement_method_name":"Consultant Qualification Selection","contact_address":"Finance Ministry Towers - Ramses Extension - Nasr City - Cairo.","contact_ctry_name":"Egypt, Arab Republic of","contact_email":"yara_gamal13@hotmail.com","contact_name":"Yara Gamal","contact_organization":"Ministry of Finance","contact_phone_no":"+201141221444","contact_web_url":"https://mof.gov.eg/ar","submission_date":"2026-07-06T00:00:00Z","notice_text":"

REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTING SERVICES – FIRMS SELECTION)

Egypt

Supporting Egypt’s Universal Health Insurance System Project

Loan No.: IBRD-91320

Assignment Title: Cost Efficiency and Sustainability Transformation Technical Assistance for Egypt Healthcare Authority

Reference No:EG-MOF-520197-CS-CQS

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 Cost Efficiency and Sustainability Transformation Technical Assistance for Egypt Healthcare Authority.

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 shortlisting criteria are:

The consultancy should demonstrate experience in healthcare cost optimization, operational transformation, revenue cycle management, managerial costing, workforce productivity analysis, administrative efficiency, sustainable finance, utilities optimization, and support-function improvement, preferably in public healthcare systems.

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 consulting team should include expertise in:

Change management, capacity building, and institutional adoption support.

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 CQS 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 30th June, 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

 

 

 

Cost Efficiency and Sustainability Transformation Technical Assistance

 

Egypt Healthcare Authority (EHA)

 

Terms of Reference for a Cost Efficiency and Sustainability Transformation Technical Assistance Assignment

 

 

Index

Executive Summary

Introduction and Program Overview

Background and Strategic Context

Work Requirements

Scope of Work

Key Deliverables

Project Governance and Timeline

Required Competencies and Qualifications of the Consultancy

Evaluation and Selection Criteria

 

 

 

 

Executive Summary

Egypt Healthcare Authority (EHA), the national public healthcare provider under the Universal Health Insurance System (UHIS), is leading a major transformation in Egypt’s health sector. Since its establishment, EHA has developed a network of 328 healthcare facilities, including 42 hospitals and 286 primary healthcare centers and units, delivered over 83 million cumulative health services, and reached nearly 6 million citizens. The second phase of the UHIS is being rolled out across Minya, Matrouh, Damietta, Kafr El-Sheikh, and North Sinai, with total coverage expected to exceed 18 million citizens upon completion. Nationwide rollout remains planned through 2032 in line with the phased implementation framework of the Universal Health Insurance Law.

As the system expands, ensuring financial sustainability, operational efficiency, and optimal utilization of clinical and non-clinical resources has become a strategic priority. EHA therefore seeks technical assistance, through a competitive procurement process, to design and support the initial operationalization of a Cost Efficiency and Sustainability Transformation Model that strengthens operational performance, managerial control, and financial stewardship across the provider network.

The assignment will deliver a comprehensive operational and financial gap assessment; identify major cost drivers, inefficiencies, productivity gaps, and resource leakages across healthcare facilities and central functions; review EHA’s current costing sheets and costing-data structure; develop practical workforce, performance, and cost management models; and transfer technical know-how and operational tools to EHA teams through structured capacity building. The assignment will be implemented through two integrated pillars.

 

  1. A. Enterprise Cost & Care Transformation

Focus on optimising clinical service delivery to improve efficiency while  enhancing quality of care. It will address the principal operational and cost drivers within clinical services through a structured assessment of clinical workflows, patient flow, service utilization, clinical productivity, and use of high-cost clinical resources. It will identify avoidable clinical expenditure, operational bottlenecks, non-value-added process steps, and resource leakage that affect throughput, productivity, and cost performance. It will also benchmark selected clinical performance domains against relevant good practice, strengthen managerial visibility of clinical cost drivers, review salary arrangements for the workforce in clinical areas in relation to performance, workload, productivity, and service delivery requirements, and assess revenue cycle management processes to improve financial control and reduce leakage. The expected output of Pillar A is a set of operational models, management tools, KPI frameworks, and phased implementation pathways to improve clinical workflow efficiency, service integration, patient throughput, workforce productivity, departmental accountability, and overall clinical cost efficiency.

 

  1. B. Sustainable Finance, Utilities Optimization.

Focus on improving the efficiency of administrative and support functions across healthcare facilities. It will address the principal cost and performance drivers within non-clinical operations through structured review of procurement and supply chain, facility management, administrative operations, logistics, inventory management, workforce deployment, and support-service processes. It will identify inefficiencies, duplication, weak controls, avoidable overhead, and process constraints that undermine administrative efficiency and operational resilience. The pillar will assess workforce planning and performance management across non-clinical functions, develop process optimization measures, and cost reduction strategies, and define practical actions to strengthen procurement efficiency, supply chain performance, logistics control, and resource sharing across facilities. Where directly relevant to non-clinical cost control and long-term resilience, the pillar will also incorporate selected sustainable finance, utilities optimization, resource-efficiency, and sustainability-reporting measures. The expected output of Pillar B is a set of operationally actionable recommendations, management tools, KPI frameworks, and phased implementation pathways to strengthen administrative efficiency, support-function effectiveness, workforce productivity, non-clinical cost control, and broader operational sustainability across the EHA network.

 

Across both pillars, the assignment shall combine structured gap assessment, root-cause analysis, evidence-based solution design, prioritized implementation planning, pilot support for selected interventions, integrated performance monitoring, and know-how transfer through capacity building of EHA teams. The intended result is a practical, scalable, and evidence-based transformation model that reduces avoidable cost, improves resource utilization, strengthens workforce and performance management, and sustains high-quality healthcare service delivery across the EHA network.

 

Overview of Assignment

The assignment shall be implemented over a total period of 3 months at EHA Headquarter and in one selected governorate. The assignment is intended to support EHA through diagnostics, benchmarking, analytical review, solution design, limited pilot support for selected interventions, and institutional capability transfer.

Objective

To support EHA in designing, testing, and initiating the implementation of a practical, evidence-based, and scalable Cost Efficiency and Sustainability Transformation Model that improves cost visibility, operational efficiency, workforce productivity, and institutional sustainability without compromising quality of care, patient safety, access, or continuity of service delivery.

Specific Objectives

 

Detailed Scope of Work

Cross-Cutting / Inception Requirements

Across the assignment, the consultancy shall:

  1. Prepare the assignment methodology, detailed workplan, governance arrangements, data requirements, and stakeholder engagement plan.
  2. Conduct an integrated diagnostic and gap assessment covering EHA Headquarters, relevant governorate branch structures, hospitals, and primary healthcare centers and units in the selected implementation areas.
  3. Review major cost drivers, operational bottlenecks, and system-level performance gaps across both pillars.
  4. Review EHA’s current costing sheets, cost-allocation practices, cost pools, reporting logic, and related costing-data structure.
  5. Benchmark central administrative costs against hospital-level and primary care delivery costs.
  6. Develop a prioritized opportunity matrix across Pillar A and Pillar B.
  7. Facilitate a validation and prioritization workshop with EHA to confirm the shortlist of priority interventions to be taken forward during implementation.
  8. Document implementation experience, operational constraints, validated practices, and lessons learned to inform broader EHA replication and scale-up.

Only a limited number of priority interventions, as agreed with EHA following the baseline phase, shall be taken forward for detailed design, pilot support, and institutionalization during the assignment period.

 

  1. A. Clinical Operations Cost Efficiency

This pillar focuses on optimizing clinical service delivery to improve efficiency while maintaining or enhancing quality of care.

  1. Clinical Operations and Patient Flow
  1. Resource Utilization Optimization
  1. Clinical Workforce Productivity, Salary Review, and Performance Linkage

 

  1. Clinical Productivity and Quality Performance
  1. Clinical Costing Review, and Cost Management Framework
  1. Revenue Cycle Management
  1. Recommendations, Pilot Support, and Roadmap

 

  1. B. Non-Clinical Operations Cost Efficiency

This pillar focuses on improving the efficiency, control, and sustainability of administrative and support functions across healthcare facilities.

  1. Administrative and Support-Function Assessment
  1. Non-Clinical Deployment and Performance Management
  1. Process Optimization and Cost Reduction
  1. Financial Stewardship and Resource Efficiency
  1. Energy, Utilities, and Sustainable Supply Chains
  1. Non-Clinical KPI, Dashboard, Pilot Support, and Roadmap

 

Key Deliverables

The consultancy shall deliver concise, action-oriented technical assistance outputs and support packages rather than stand-alone reports only. All deliverables shall be subject to EHA review and validation in accordance with the agreed scope, methodology, and comments-resolution process.

All deliverables listed below shall apply to the 3-month assignment and shall be developed, validated, and operationalized at EHA Headquarters and in one selected governorate. The outputs shall also include practical recommendations and scale-up considerations for future replication across additional EHA facilities and governorates.

 

Deliverable 1: Inception and Integrated Diagnostic Baseline Report

A consolidated assessment report covering EHA Headquarters, relevant governorate branch structures, hospitals, and primary healthcare centers and units in the selected implementation areas. The report shall include:

 

  1. A. Clinical Operations Cost Efficiency

Deliverable 2: Clinical Operations Cost Efficiency Diagnostic Report

Deliverable 3: Clinical KPI, Benchmarking, Dashboards, and Performance Monitoring Framework

Deliverable 4: Clinical Operations Improvement and Pilot Support Package

Deliverable 5: Revenue Cycle Management Review and Recommendations Report

  1. B. Non-Clinical Operations Cost Efficiency

Deliverable 6: Non-Clinical Operations Cost Efficiency Diagnostic Report

Deliverable 7: Non-Clinical KPI, Dashboard, Institutionalization, and Scale-Up Package

  1. 8: Capacity Building, Handover, and Replication Package

 

Project Governance and Timeline

A designated overall coordination focal point shall be responsible for integration across both workstreams, including methodological alignment, quality assurance, and preparation of consolidated updates for EHA.

The assignment shall be implemented over a total period of 3 months under unified governance arrangements.

Coverage: EHA Headquarters and one selected governorate.

Purpose: conduct diagnostics, validate priority interventions, develop tools and frameworks, support initial operationalization, and generate practical implementation lessons to inform broader scale-up across the EHA network.

The consultancy shall deliver coordinated outputs through two workstreams under Pillar A and Pillar B, with selected diagnostic, design, implementation-support, and capacity-building activities undertaken in parallel where appropriate. All outputs shall be subject to unified governance, validation, and reporting arrangements led by the designated overall coordination focal point.

The consultancy shall be expected to:

 

Contract Parameters and Payment Schedule

Item

Description

Total Contract Duration

3 months

Implementation Modality

EHA Headquarters + one selected governorate

 

Payments shall be made against submission and formal acceptance by EHA of the relevant milestone outputs, in accordance with the agreed workplan and contract terms.

Each milestone shall be deemed achieved only upon EHA’s written confirmation that the corresponding outputs have been satisfactorily delivered and that comments raised by EHA have been appropriately addressed.

 

 

 

Deliverable

Description

Timeframe

% of Total Contract

Deliverable 1

Inception and Integrated Diagnostic Baseline Report

End of Month 1

20%

Deliverable 2

Clinical Operations Cost Efficiency Diagnostic Report

End of Month 2

15%

Deliverable 3

Clinical KPI, Benchmarking, Dashboards, and Performance Monitoring Framework

End of Month 2

15%

Deliverable 5

Revenue Cycle Management Review and Recommendations Report

End of Month 2

10%

Deliverable 6

Non-Clinical Operations Cost Efficiency Diagnostic Report

End of Month 2

10%

Deliverable 4

Clinical Operations Improvement and Pilot Support Package

End of Month 3

10%

Deliverable 7

Non-Clinical KPI, Dashboard, Institutionalization, and Scale-Up Package

End of Month 3

10%

Deliverable 8

Capacity Building, Handover, and Replication Package

End of Month 3

10%

 

All deliverables set out in this ToR remain applicable throughout the assignment. For administrative and payment purposes, the deliverables are grouped into milestone-based payment tranches rather than repeated as separate payment lines for each deliverable.

Potential Contract Expansion: In the event of expansion of the World Bank project, EHA may, subject to funding availability, internal approval, and applicable procurement and contracting procedures, extend the assignment to include an additional implementation period of 2 months in one additional governorate, with an estimated contract value of USD 30,000.

 

Required Competencies and Qualifications of the Consultancy

The consultancy should demonstrate experience in healthcare cost optimization, operational transformation, revenue cycle management, managerial costing, workforce productivity analysis, administrative efficiency, sustainable finance, utilities optimization, and support-function improvement, preferably in public healthcare systems.

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 consulting team should include expertise in:

 

Evaluation and Selection Criteria

Criterion

Weight

Technical expertise and references in healthcare transformation, cost optimization, and institutional efficiency improvement

30%

Methodology and technical approach for delivery across Pillar A and Pillar B workstreams

30%

Team qualifications and capacity-building / knowledge-transfer experience

20%

Value for money and financial proposal

20%

 

 

 

"},{"id":"OP00454611","notice_type":"Request for Expression of Interest","noticedate":"29-Jun-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-07-17T00:00:00Z","submission_deadline_time":"16:30","project_ctry_name":"Pacific 1","project_id":"P508550","project_name":"Pacific Healthy Islands Transformation Project","bid_reference_no":"TO-TON-MOH-534224-CS-INDV","bid_description":"3.2.05 ICT Officer","procurement_group":"CS","procurement_method_code":"INDV","procurement_method_name":"Individual Consultant Selection","contact_address":"Tongan National Centre, Taufa'ahau Rd, Nuku'alofa, Tonga","contact_ctry_name":"Tonga","contact_email":"jyskwok@outlook.com","contact_name":"Jonathan Kwok","contact_organization":"Ministry of Health (Tonga)","contact_phone_no":"(676) 23045","submission_date":"2026-06-29T00:00:00Z","notice_text":"

 

GOVERNMENT OF TONGA

MINISTRY OF HEALTH

 

REQUEST FOR EXPRESSIONS OF INTEREST

(INDIVIDUAL CONSULTING SERVICES)

 

 

Country:                                  Tonga

Implementing Agency:           Ministry of Health

Project Title:                            Pacific Healthy Islands Transformation (PHIT) Project

Source of Funding:                 P508550 / IDA-E5270

Assignment Title:                    3.2.05 ICT Officer

Reference No.:                        TO-TON-MOH-534224-CS-INDV

Duration:                                 Initial contract for two (2) years, extendable annually upon mutual understanding and performance up to duration of project (5 years)

Probation:                                Six (6) months’ probation period may extend depending on candidate’s satisfactory performance. Annual performance review to determine, if contract would be extended.

Expected Start Date:               July-August 2026

The Kingdom of Tonga has received financing from the World Bank for an exciting project, the Pacific Healthy Islands Transformation (PHIT) Project to support the health sector development in Tonga.  The ICT Officer position will be part of the Project Management Unit (PMU) of the HEART Project in the Ministry of Health (MOH).

The position is a full-time contract for 2 years, with an annual extension based on mutual understanding and satisfactory performance up to duration of the project of 5 years. Contract staff will be required to provide hands-on support in this area of specialty, across a range of project activities.

The advertised position is now available and applications are sought from suitably qualified candidates based on the selection criteria expressed in the Terms of Reference (TOR) below.

The Implementation Agency now invites eligible individuals (“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 qualifications, experience in similar assignments, similar conditions, etc.).

The criteria for selecting the Consultant are:

EXPERTISE REQUIREMENTS (as per TOR):

Minimum Requirements (40 points):

Desirable Requirements (30 points):

Qualification/Education (20 points):

Knowledge and Skills (10 points):

Skills, Knowledge and Competencies:

  1. Strong technical troubleshooting and problem-solving skills across ICT infrastructure, systems, devices, and end-user support.
  2. Ability to manage multiple ICT support requests and prioritize operational issues effectively.
  3. Experience supporting telehealth systems, digital learning platforms, health information systems, or related  technologies is desirable.
  4. Knowledge of cybersecurity principles, endpoint protection, data privacy, backup procedures, and access control management.
  5. Ability to document technical procedures, SOPs, inventories, and operational reports accurately.
  6. Ability to communicate technical information clearly to both technical and non-technical users.
  7. Ability to deliver ICT user training and provide technical guidance to staff and stakeholders.
  8. Ability to work collaboratively in multi-agency and multicultural environments.
  9. Familiarity with networking, connectivity troubleshooting, cloud-based services, and user account administration.
  10. Basic knowledge of interoperability concepts, APIs, digital health-systems, AI-enabled tools, or health data system is an advantage.
  11. Competency in Microsoft office suite (Word, Excel, Access, etc.) and MS Program or similar planning/monitoring software.
  12. Ability to work independently, maintain confidentiality and demonstrate professionalism when handing sensitive information.
  13. Ability to write fluent, sequential, informative but concise and accurate activity reports in English.
  14. Excellent general written and oral communication skills in English.

 

 

Please note that an interview and test may be administered if required to top ranked candidate(s).

The remuneration package for this position is attractive and will be determined based on qualifications, experience, and previous remunerations for similar assignments.

Further information can be obtained at the email above during office hours 08:30 to 16:30 hours weekdays.

A firm is eligible to nominate an individual – however, note that only the experience and qualifications of the nominated individual shall be used in the selection process, and that (their) corporate experience shall not be considered. The firm, if proposing an individual, must specify whether the contract would be signed with the firm or the proposed individual.

The attention of interested Consultants is drawn to the World Bank’s Procurement Regulations for IPF Borrowers, dated Feb.2025 (“the Regulations”), setting forth the World Bank’s policy on conflict of interest. A Consultant will be selected in accordance with the above cited Procurement Regulations.

INSTRUCTION FOR SUBMISSION:

Expressions of interest must be submitted to the address below by e-mail no later than 16:30pm (Tongan Time) on Friday, 17th July 2026.

 

Subject:   Expression of Interest – ICT Officer

Attn:        Dr. Reynold ‘Ofanoa

Chief Executive Officer

Ministry of Health

Taufa’ahau Road

Nuku’alofa

Tonga

Email:     reynoldofanoa@gmail.com;

                 jyskwok@outlook.com;

                 s.akauola@outlook.com

Tel:          (676) 23-045

Documents that MUST be submitted:

  1. A cover Letter indicating your interest in this assignment (addressed to the CEO, Ministry of Health).
  2. Curriculum Vitae of the Applicant (must include at least two referees and their details).
  3. Statement addressing the Evaluation Criteria as stated in the Terms of Reference.
  4. Supporting Documents: Transcripts, certificates, supporting letter from referees, and any other document that may be of support to your application.

Please limit your CV to only 3-5 pages addressing each of the Selection Criteria with exact details.

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REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTING SERVICES - FIRMS SELECTION)

Country: Ukraine

Name of Project: Lifting Education Access and Resilience in Times of Need in Ukraine Program

Grant No.: TF0C5794

Assignment Title: Consulting services for the development of teaching and learning materials (TLM) for the first cycle of study at the level of upper secondary education (10th grade)

Reference No. (as per Procurement Plan): LEARN-1.1-TLM10

The objectives of the LEARN are: to (i) improve teaching and learning conditions; and (ii) to strengthen the management capacity of the education system.

The total financing for the Operation is US$451 million using a combination of the World Bank's financial instruments: Program-for-Results (PforR) complemented by Investment Project Financing (IPF).

The MoES intends to apply part of the grant proceeds to eligible payments for consulting services for which this Request for Expressions of Interest has been issued.

The consulting services (hereinafter –   the Services) include:

 • developing teaching and learning materials (hereinafter referred to as “TLM”) for the first cycle/year of upper secondary education (Grade 10);

• upgrading the MoES digital repository for TLM storage and use by expanding the repository’s capacity, as well as updating the User Manual for the repository;

• developing, publishing, and disseminating hard copies of the Manuals on TLM;

• conducting training for TLM users; and

• organizing a final event for dissemination of the results.

The expected period for the Consultant’s provision of the Services is approximately 12 calendar months from the date of contract signing.

The required objective of the Services must be achieved by the Consultant within the agreed program and in accordance with the Ukrainian legislation, the World Bank’s policies and rules and requirements of the Terms of Reference (TOR), which is attached.

Ministry of Education and Science of Ukraine (hereinafter – Client/MOES) now invites eligible consulting firms (hereinafter – 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.

The evaluation of the expressions of interest provided by the Consultants will be carried out based on the following criteria:

Legal status and market experience

Experience in digital education

  1. adaptive search
  2. dynamic filters
  3. designers of training programs
  4. analytical panels
  5. interfaces for administration
  6. evaluation and feedback functionality.
  1. integrations with government services via API;
  2. creation of analytics modules;
  3. development of authorization and data protection.
     

Cooperation with international organizations

Financial stability

Confirmation of qualification. A Consultant shall provide:

 

Availability of qualified specialists. The company  must confirm the availability of  at least 7 specialists having permanent/long-term contracts (the term of which exceeds 12 months):

Key Experts will not be evaluated at the shortlisting stage.

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 with amendments of February 2025 (hereinafter – 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. In the case of foreign company, the representative office/JV/consortium with local firm should exist by the date of the Contract signing.

A Consultant will be selected in accordance with the “Quality and Cost Based Selection” arrangements described in the Procurement Regulations and to be specifically set out in the Request for Proposals.

Further information can be obtained at the address below during office hours from 9 a.m. to 6 p.m.

Expressions of interest must be delivered in a written form, in Ukrainian or English, to the address below by e-mail by June 25, 2026, 1:00 pm local time.

Ministry of Education and Science of Ukraine

Attn:  Yevhen Kudriavets - Project Coordinator

E-mail: uiherp@mon.gov.ua CC: serhiy.artemenko@uiherp.org, kateryna.kovtun@mon.gov.ua

Expressions of interest to be clearly marked: «LEARN-1.1-TLM10: Expression of Interest».

 

 

TERMS OF REFERENCE

 

 

 

 

Consulting services

for the development of teaching and learning materials (TLM)

for the first cycle of study at the level of upper secondary education
(10th grade)

 

 

 

Contract LEARN-1.1-TLM10

 

 

 

World Bank Project ID No.: P504171, Grant Number: TF0C5794

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

List of abbreviations

 

 

AUSO                         All Ukrainian School Online

GLO                Group of learning outcomes

SSPUSE         State Standard of Profiled Upper-Secondary Education

SSBSE            State Standard of Basic Secondary Education

LEARN           The Program "Lifting Education Access and Resilience in Times of Need in

Ukraine Program"

MoES              Ministry of Education and Science of Ukraine

NIO                 NUS Implementation Office

NUS                The New Ukrainian School

PDF                Portable Document Format

SSEQ              State Service of Education Quality

TLM               Teaching and Learning Materials

UCEQA          Ukrainian Center for Education Quality Assessment

UIRO              Ukrainian Institute of Education Development

Word              Microsoft Word document format

 

 

 

 

Table of Contents

I. CONTEXT                                                                                                                                                4

II. OBJECTIVES                                                                                                                                        5

III. SCOPE OF SERVICES                                                                                                                     7

Component 1. Creation of TLMs for educational sectors by expert groups    7

Component 2: Upgrading digital repository for TLMs                                                   9

Component 3: Publishing and dissemination of the Manuals on TLMs                   9

Component 4: Capacity building for Pilot participants                                             11

Component 5: Organization of the final event – presentation of project results                                                                                                                                                       12

Terms and requirements for implementation                                                                    13

IV. DELIVERABLES                                                                                                                             17

V. REQUIREMENTS                                                                                                                             18

Consultant                                                                                                                                             19

Personnel                                                                                                                                                20

Implementation mechanism                                                                                                           21

 

 

 

I. CONTEXT

 

Ukraine and the World Bank have signed the agreements for the Program "Lifting Education Access and Resilience in Times of Need in Ukraine Program" (hereinafter referred to as the LEARN).

 

The objectives of the LEARN are: to (i) improve teaching and learning conditions; and (ii) to strengthen the management capacity of the education system. 

 

The total financing for the Operation is US$451 million using a combination of the World Bank's financial instruments: Program-for-Results (PforR) complemented by Investment Project Financing (IPF).

The Program-for-Results (PforR) is funded by a US$235 million credit provided by Bank resources, supported by credit enhancement from the Advancing Needed Credit Enhancement for Ukraine (ADVANCE Ukraine) Trust Fund, which is backed by the Government of Japan. This is formalized under the Financing Agreement between Ukraine and the International Development Association for the Program (CREDIT NUMBER 7626-UA). An additional US$150 million is provided under the Special Program for Ukraine and Moldova Recovery (SPUR) of the International Development Association (IDA) Crisis Facility, as outlined in the Loan Agreement between Ukraine and the International Bank for Reconstruction and Development for the Program (LOAN NUMBER 9721-UA). Financing Agreement (Additional Financing: Lifting Education Access and Resilience in Times of Need in Ukraine Program) between Ukraine and the International Development Association (CREDIT NUMBER 7905-UA) was signed in the amount of US$4.9 million.

Furthermore, US$30 million in Investment Project Financing (IPF) is secured under the Grant Agreement between Ukraine and the International Bank for Reconstruction and Development and the International Development Association, acting as the administrator of the Ukraine Relief, Recovery, Reconstruction, and Reform Multi-Donor Trust Fund (URTF GRANT NUMBER TF0C5794).

Furthermore, US$31.1 million in Additional Financing is provided through grant resources, consisting of US$30.0 million from the Ukraine Relief, Recovery, Reconstruction, and Reform Multi-Donor Trust Fund and US$1.1 million from the Global Partnership for Education Fund. This additional financing is formalized under the Grant Agreement between Ukraine and the International Bank for Reconstruction and Development and the International Development Association, jointly acting as a Supervising Entity for the Global Partnership for Education Fund and as administrator of the Ukraine Relief, Recovery, Reconstruction, and Reform Multi-Donor Trust Fund (URTF GRANT NUMBER TF0D0612; GPE GRANT NUMBER TF0D0613), and supports activities related to the continued implementation of the Program.

Hereinafter, the portion of the Operation financed through the PforR is referred to as the Program and the portion financed through the IPF is referred to as the Project.

 

The Project complements the LEARN by supporting the piloting of the NUS reform in grades 8 to 12 and strengthening the MoES’ capacity for education system management.

 

The Project will provide technical support to pilot the NUS reform in selected schools for grades 8 to 12, through: (i) developing, printing, delivering, and testing teaching and learning materials for the NUS Pilot; (ii) developing and carrying out training programs to teachers, school principals, and their deputies; (iii) providing technical assistance to design a fit-for-purpose instrument for measuring teacher classroom practices and to implement said instrument in a sample of classrooms in grades 8 and 9; and (iv) providing STEM, ICT, and other required equipment aligned with the NUS standards to schools in the NUS Pilot at the basic and upper-secondary education levels for grades 8 to 12.

 

Importantly, the IPF will also strengthen the management capacity of the MoES to manage, monitor, and evaluate the rollout of the NUS reform through: (i) providing technical assistance to the MoES’ units responsible for NUS implementation; (ii) strengthening the Ukrainian Institute of Education Development (“UIRO”) capacity; (iii) creating a Special Online Platform (“SOP”) for State Final Examination (“DPA”); (iv) modernizing the education management information system (“AIKOM”); (v) improving the education infrastructure planning. 

 

Scope and impact

With a funding commitment of $419,9 million and a timeline extending to 2027, LEARN represents a transformative effort to ensure every child in Ukraine has access to safe, high-quality education. The initiative not only addresses immediate challenges posed by the conflict but also lays the groundwork for a resilient and future-ready education system.

 

The Consultant’s role in this program is critical, as they will design and implement robust frameworks and strategies to meet the evolving demands of Ukraine’s education system. These efforts will contribute to long-term educational recovery, resilience, and equity, ensuring that Ukrainian students are prepared for the challenges of a globalized, knowledge-driven world.

 

II. OBJECTIVES

 

The Assignment for the Consultant is:

 

TLM for each educational domain should consist of a study program, model sets of tasks, model projects,  and corresponding compensatory learning course of at least 24 learning hours to be introduced/ implemented as an additional/ compensatory  instrument for overcoming the learning gaps apart from/ concurrently with the textbooks for 10th grade participating in approbation in the pilot liceums. The compensatory learning course should be a set of additional multilevel competence-based assessment/ learning tasks aimed at the support/ equalizing students with different personal and social backgrounds, educational needs, learning experiences/ achievements.

 

This activity focuses on the development of TLM for all educational areas to equip teachers of schools participating in the piloting the State Standard of Profiled Upper-Secondary Education (SSPUSE)" (hereinafter – pilot schools) with the materials for:

 

These materials will be used by teachers of the pilot schools directly in the educational process to assess/ achieve expected learning outcomes, and/or serve as models for the development of similar tasks by teachers and authors of curricula/manuals/textbooks, ensuring a unified approach to assessing students’ learning achievement as well as comprehensive strategies for coping with educational losses.

Main tasks:

 

  1. Development of TLMs (Component 1).

The Consultant will create materials that contain  study programs, sets of model tasks, model projects, compensatory learning courses for all 10 educational domains, aimed at assessing the mandatory learning outcomes defined by the SSBSE/ SSPUSE. These materials will be used directly in the educational process by pilot schools, will serve as examples for teachers and authors of educational content, and will contribute to a unified approach to assessment. The developed materials will also be adapted for use with Ukrainian students abroad and in temporarily occupied/de-occupied territories, supporting the recognition of learning outcomes for students with limited or disrupted access to Ukrainian education.

  1. Upgrading a digital repository of TLMs (Component 2).

A digital repository preliminary developed as a storage for TLMs under the Project Consulting services for the development of teaching and learning materials (TLM) for the final year of study at the level of basic secondary education (9th grade)  and owned by an agency appointed by MoES will be upgraded to storage TLMs developed under Component 1 of this Assignment, and the User Manual for repository will be updated. The repository will support efficient storing, search, filtering, classification, and retrieval of tasks developed within Component 1 aligned with specific learning outcomes. This platform will ensure open access to the materials for educators, curricula/ materials’ developers, and other stakeholders. The main idea of the repository is to create collections of materials that are “linked” to the learning outcomes, which will allow users to select the necessary materials for various purposes, including students’ assessment.  

  1. Developing, publishing and dissemination of the Manuals on TLMs (Component 3).

Manuals on TLM will be developed (written), provided with editing and graphic design and published as hard copies  to explain the purpose and structure of TLMs. Following review and approval according to the national regulations, these publications will be distributed to pilot schools for direct use and to support the development of similar resources by teachers and content developers. The dissemination of the manuals for pilot schools is expected to be done in digital format.  Consultant is responsible for arranging the most effective way of editing and delivery of the product. For those purposes, both individuals and companies could be outsourced if needed.    

  1. Capacity-building for pilot participants (Component 4).

The Consultant will deliver 1 general (introductory) and 10 domain-specific professional development courses (0,5 ECTS credit each) for teachers working with 10th grades in pilot schools and other relevant stakeholders (i.e. school principals/ deputy principals,trainers, teacher-trainers) – all teachers from pilot schools are expected to be covered during the assignment. This training will focus on the use of the developed TLMs, including how to apply the tools and tasks to assess student learning achievements effectively and to respond to the results of this assessment.

  1. Dissemination and stakeholder engagement (Component 5).

To promote the wider use and impact of the developed materials, the Consultant will organize a final presentation event. This event will present the project deliverables, raise awareness among broader stakeholders, and outline strategies for the scale-up and continued use of the materials, including potential replication by educational content developers.

 

 

The Assignment should be implemented during the 12 months since a date of contract signing.

 

The assignment will adhere to the policies and regulations set forth by Ukrainian legislation and the World Bank, ensuring that it is practical, adaptable, and responsive to both immediate and long-term needs. These efforts are aimed at positioning Ukraine’s education system as a model of sustainability, inclusiveness, and excellence that enables students to thrive in a globalized world. The TLM will be developed in line with the academic integrity principles and compliance with the intellectual property rights. The Consultant should provide the Quality Assurance Plan at the inception stage and should report on its implementation as part of the Phase 1-4 reports on deliverables.

 

 

III. SCOPE OF SERVICES

The selected consultant will be responsible for the completion of the following components to assure the development and implementation of TLMs for 10 educational domains:
(i) language and literature; (ii) foreign languages; (iii) civic and historical; (iv) maths; (v) science; (vi) technology; (vii) art; (viii) social and health; (ix) IT; (x) physical education. Each task must be performed with accuracy, professionalism, and in accordance with the outlined goals and requirements.

Component 1. Creation of TLMs for educational domains by expert groups

The Consultant will create 10 expert groups (the final list of experts is to be approved by the Client and NIO) and coordinate the development of TLMs for 10 educational domains. TLMs will be used by the pilot schools in the educational process apart from the draft textbooks introduced for approbation accordingly to the Resolution of the Cabinet of Ministers of Ukraine dated 26 August 2025 No. 1058 “On the implementation of the experimental project on the introduction in general secondary education institutions of educational programmes developed on the basis of the Typical Educational Programme for grades 10–12 of general secondary education institutions providing profile secondary education of the academic orientation”.

These materials will also serve as a model for creating high-quality tasks (including competency-based tasks) for developers of educational materials and teachers.

 

The TLM (for each specific educational domain) are model tools that contain study program,  model sets of tasks, model projects and compensatory learning tasks for conducting diagnostic and summative assessments by GLO, and following compensatory/equalizing interventions and accompanying explanations and recommendations that provide clear guidance for users on how to use tasks/tools to assess student achievement.

 

The KPI for TLM development is presented in Annex 1.

 

A study program is a document that defines the sequence of achieving expected learning outcomes and describes the relevant content and educational activities for using model sets of tasks and model projects, as well as ompensatory learning tasks (24 hours of instruction). A study program should be designed for two semesters, with hours of instruction rationally divided between them. The structure of study programme must comply with the requirements of the typical educational programme for grades 10-12 of general secondary education institutions that provide profile secondary education with an academic track (https://mon.gov.ua/npa/pro-zatverdzhennia-typovoi-osvitnoi-prohramy-dlia-10-12-klasiv-zakladiv-zahalnoi-serednoi-osvity-iaki-zabezpechuiut-zdobuttia-profilnoi-serednoi-osvity-za-akademichnym-spriamuvanniam). 

 

A model set of tasks is a set of tasks organized in accordance with the specification developed for a particular assessment and created in accordance with the requirements for model tasks.

The minimum number of model sets of tasks in the model tools repository is 3 per educational domain, including the mandatory ones:

 

Depending on the specifics of the educational domain and the GLO of the respective domain, the number of model sets can be increased (but not reduced) to provide a holistic representation of assessment opportunities for all GLO defined by the SSBSE/ SSPUSE for a particular domain.

Each model set of tasks should contain a sufficient number of individual tasks to conduct an objective assessment in accordance with the requirements of the SSBSE/ SSPUSE for the relevant period of study.

 

The number of tasks in the diagnostic work should be calculated proceeding from at least 2 academic hours of assessment. When creating tasks for diagnostic work, use the assessment guidelines defined for the 9th grade SSBSE, which remain relevant for the SSPUSE in accordance with the progress recorded at the link https://educationforlife.mon.gov.ua/interaktyvnyi-postup/?cycle%5B%5D=7-9&cycle%5B%5D=10-12. Tasks for 10th grade cannot duplicate tasks developed within the TLM for 9th grade.

 

The number of tasks in the final semester work should be calculated proceeding from at least 1 academic hour of testing for each group of results specified in the certificate of achievement for the relevant educational domain: (i) language and literature — 4; (ii) foreign languages — 4; (iii) civic and historical — 3; (iv) maths — 3; (v) science — 3; (vi) technology — 3; (vii) art — 3; (viii) social and health — 4; (ix) IT — 4; (x) physical education — 3.

The maximum number of tasks in a particular set depends on several factors: 1) the specifics of the subject-specific learning outcomes; 2) the availability and length of the stimulus materials (reading texts, instructions, etc.) needed to complete the tasks; 3) the type and nature of the tasks.

A set of tasks for educational fields where performance tasks are relevant, such as language and literature — listening & speaking; foreign languages — listening & speaking; science — conducting experiments; technology — product manufacturing; art — product manufacturing, performance; physical education — physical exercise, may contain fewer tasks if the set includes a performance task, compared to task sets for other fields.

The tasks may relate to stimulus materials (reading texts, situation descriptions, instructions for completion). The time required to work through the relevant materials should be taken into account when determining the maximum possible number of tasks for the estimated time of the set. The stimulus material should be necessary for the completion of the tasks and correspond in volume to the task set. When calculating the time required to work through the stimulus material, a guideline is up to 150 words per minute of text material.

When calculating the number of tasks for a set, it is necessary to proceed from the following average time limits for completing different types and kinds of tasks (depending on the length of the instructions and stimulus material):

Examples for calculating the number of tasks for a given time can be found in the external independent assessment test forms available at https://testportal.gov.ua/ofzvit/, as well as competency-based tasks available at https://nus-tasks.net/.

  

A model set of tasks specification is a description of a set of tasks that gives a complete picture of the specifics of the assessment and the determination of results based on it. The specification should contain information about the following:

 

A model project is a long-term project (at least one week) developed and described in detail within the educational domain, the results of which can be used for summative assessment (interim (thematic), semester, or annual). 

The minimum number of model projects is 2: 1 for basic level  and 1 for an advanced level of learning outcomes for each educational domain. Projects should differ by subjects of completion (individual, pair, microgroup, group) and by the modality of the leading activity with the intention to clearly express the potential of project activity in the educational process for different educational domains.

 

The model project plan is a comprehensive description of the project that provides a detailed overview of its organization, implementation, evaluation, and outcome. The plan should contain information on the following:

 

Compensatory learning tasks - set of content/ learning activities aimed at filling out identified learning gaps related to respective expected learning outcomes.

Minimal amount of the learning tasks is 200 evenly distributed among GLOs, defined by the SSPUSE for each educational domain. Respectively the number of GLOs is: (i) language and literature — 4; (ii) foreign languages — 4; (iii) civic and historical — 6; (iv) maths — 4; (v) science — 4; (vi) technology — 3; (vii) art — 3; (viii) social and health — 4; (ix) IT — 4; (x) physical education  — 3. Learning tasks should be allocated among 24 hours of instruction as defined in the respective study program.

Learning tasks should be in line with the examples of learning tasks for 10-12 grades published here: https://educationforlife.mon.gov.ua/interaktyvnyi-postup/?cycle%5B%5D=10-12, and/or can extend the list of these examples and be suitable for use in the ongoing educational process as a separate extension of the textbooks’ tasks.

Component 2: Upgrading a digital repository for TLMs

 

This component focuses on upgrading a user-friendly digital environment (online repository) that will ensure efficient access to structured learning materials aligned with the mandatory learning outcomes of the SSBSE/ SSPUSE. The repository will support filtering, searching, saving, and integration with existing digital education platforms, enhancing their functionality.

 

Selected Consultant should review relevant existing digital solutions (particularly, repository for TLMs developed under the Project’s Consulting services for the development of teaching and learning materials (TLM) for the final year of study at the level of basic secondary education (9th grade) ) and propose implementation/improvement plan based on the analysis .

 

The improvement plan should be approved by the Client and then implemented by Consultant. If necessary the developer of the digital repository can be outsourced.

 

The User Manual for repository should be updated.

Component 3: Developing, publishing and dissemination of the Manuals on TLMs

 

Definition and components

This component focuses on the development of Manuals for teachers on the created TLMs for each educational domain (10 manuals, minimum 2 author’s sheets each) that will be distributed to pilot schools. The following indicative structure of the manuals may have peculiarities related to the specifics of learning assessment in certain educational domains.  

 

Each Manual should serve as an instructional and explanatory source for the TLMs presented in the digital repository of materials (database) and contain the following components in its structure:

 

Literary editing. Perform comprehensive editing of TLMs to ensure clarity, consistency, and accuracy in Ukrainian.

 

Graphic design and layout of educational materials. Formatting of TLMs following visual guidelines provided by the MoES; materials are visually appealing, accessible and suitable for both print and digital distribution; final version of documents in electronic (PDF) and print-ready formats, along with editable source files for future updates.

 

Requirements

The Consultant shall ensure that the following requirements are met during the implementation of this component:

 

Component 4: Capacity building for Pilot participants 

 

This component focuses on building the capacity of teachers involved in the piloting of the SSPUSE at the level of the 10th grade by equipping them with the necessary knowledge and skills to effectively use the developed TLMs, including appropriate use of  tools and tasks for assessing student learning achievements and filling out identified learning gaps/ compensating educational losses/ equalizing students achievements. All teachers of pilot schools are expected to be covered by capacity building activities. Apart from the Pilot schools’ teachers other stakeholders (i.e. school managers, trainers, teacher-trainers etc) could be involved.

 

The training course will be designed and delivered to support the application of competency-based assessment principles and the integration of TLMs into the teaching and learning process. The course should be introduced gradually during the 2026-2027 school year in line with  the development of the TLMs (see Component 1) with the purpose to explain to the audience how to use/ modify/ implement them in a real educational process. Based on the synchronous phase (set of webinars) corresponding asynchronous courses will be developed and launched for open access.

 

The training course should include the following components:

A modular format tailored to the progression of TLM development and use, aligned with the academic year.

 

Component 5: Organization of the final event – presentation of project results

 

This component focuses on organizing and conducting a final in-person event to formally present the project deliverables, including the developed training and learning materials (TLMs) and the digital repository. The event aims to summarize the outcomes of the pilot implementation of the 1-st cycle of PUSE, engage key stakeholders, and outline the next steps for further application and scaling of project outputs.

 

The event will serve the following purposes:

 

Event format:

 

Event components:

 

The Consultant shall be responsible for full logistical and organizational support to ensure a high-quality event experience. This includes:

 

 

Terms and requirements for implementation

 

The assignment must be completed within the agreed timeframe, and all deliverables must comply with the policies and rules set forth by Ukrainian law and the World Bank.

 

The consultant is expected to ensure smooth coordination with the MoES throughout the process, maintaining clear communication and regular updates.

It is expected that a clear implementation sequence will be followed to ensure logical coordination between the components.

 

In particular:

 

The Consultant is expected to propose a detailed implementation schedule in Quality Assurance Plan     , including key milestones and estimated completion dates for each component. Based on the needs analysis, the Consultant will also propose an approach to the updating       the digital repository and its integration with existing digital solutions. This schedule should reflect logical dependencies between tasks and ensure that the results are ready for public presentation.

 

 

 

 

 

 

 

 

 

 

IV. DELIVERABLES

 

The Consultant shall deliver the following deliverables, ensuring that they all meet the detailed requirements outlined in this ToR:

 

D1 (Component 1): TLMs for educational domains (Annex 1)

Set of competence-oriented tasks for 10 educational domains

Each set shall fully comply with the detailed requirements specified in this ToR.

 

D2 (Component 2): Digital repository of TLMs

Online repository of materials upgraded/integrated with existing digital solutions

A brief user manual is updated.

 

D3 (Component 3): Manuals on TLMs applying (Annex 1)

Manuals on applying TLMs for each domain, 10 Manuals total

Each Manual is an instructional and explanatory source for the TLMs presented in the TLMs repository.

 

D4 (Component 4): Training course on the use/development of TLMs

Approximately 3 general and 3 educational domains-specific webinars – totally about 35 webinars during the school year.

An online training course on the use/development of tasks for assessing students' learning achievements is available.

All pilot schools' teachers are covered by the training.

 

D5 (Component 5): Final Event

The final event to present the products developed under this ToR.

Representatives of the pilot schools and other stakeholders were involved in the event.

 

Monthly progress updates

 

Reporting requirements

This structure of deliverables ensures that all results are comprehensive, visually appealing, and effectively disseminated to the target audience, which will contribute to the success of the project.

Under the Lump-Sum Contract (World Bank Standard Form), payments shall be made to the Consultant upon submission and Client’s acceptance of the deliverables specified below, and upon submission of an acceptable invoice and a signed Certificate of Acceptance.

The Consultant will, no later than the 14th calendar day after completing the activities according to the Work Schedule will submit a respective draft report.

 

Algorithm for accepting the reports

The Consultant will, no later than the 14th calendar day, unless otherwise specified below, after completing the relevant Stages according to the Work Schedule, prepare the draft of the corresponding Report  (Phase 1 Report/Phase 2 Report/Phase 3 Report/Phase 4 Report) (hereinafter – the Report)..

The draft of the Report package shall be drawn up in electronic (Word/Excel and PDF) format and sent to the Client’s email address specified in the Contract.

The Client will review the draft of the report within 14 calendar days from the date of its receipt and provide comments and suggestions for finalizing the draft of the report or confirm the efficiency and quality of the Assignment implementation and its correspondence with the requirements of this Terms of Reference.

The Consultant, within 7 calendar days from the date of receipt of comments from the Client, will process them and submit the revised report in electronic and paper format to the Client, together with a table indicating, for each comment, the method of its consideration or justification for the deviation.

If the Client has no comments on the revised report, the report shall be deemed approved, which shall be confirmed by a signed Acceptance certificate for services.

If the Client does not respond with comments on the draft Report and proposals for its revision within the above-mentioned period, the draft report shall be deemed accepted, and the Consultant shall be obliged to send the report in electronic PDF format and paper format to the Client.

 

 

Payment schedule

1. First Payment – 20% of the Contract Amount

Payable upon the Consultant’s submission and the Client’s acceptance of the Phase 1 Report, which includes: (i) C1.1 Formation of groups of experts in educational domain; () C2.1 Needs analysis / determination of the approach to the creation / integration of a digital repository of educational materials; () C1.2. Determination of the format of TLMs and the procedure for their examination; (iv) C1.3 Development and examination of the diagnostic work (input); (v) C1.4 Developing the Study programs; (vi) Quality Assurance Plan.

2. Second Payment – 25% of the Contract Amount

Payable upon the Consultant’s submission and the Client’s acceptance of the Phase 2 Report, which includes:  (i) C1.5 Developing the compensatory learning tasks for the 1st semester; (ii) C4.1 Stakeholders training (1st wave of training course - webinars); (iii) C1.6 Developing the basic-level model project; (iv) C1.7 Creating summative semester work for the 1st semester; (v) C2.2 Upgrading a digital repository of educational materials; (vi) C1.8 Developing the compensatory learning tasks for the 2nd semester.

3. Third Payment – 25% of the Contract Amount

Payable upon the Consultant’s submission and the Client’s acceptance of the Phase 3 Report, which includes: (i) C4.2 Stakeholders training (2nd wave of training course - webinars);  (ii) C.1.9 Developing  the advanced-level model project; (iii) C1.10 Developing summative semester work for the 2nd semester; (iv) C3.1 Developing the Manuals on TLMs applying; (v) C3.2 Posting tasks in the repository; (vi) C4.3. Developing and launching an online course on TLMs applying.

4. Fourth Payment – 30% of the Contract Amount

Payable upon the Consultant’s submission and the Client’s acceptance of the Phase 4 Report, which includes: (i) C3.3 Publishing the Manual on TLMs applying; (ii) C5.1 Final presentation event; (iii) C5.2 Summarizing and reporting.

 

 

V. REQUIREMENTS

Consultant

The following minimum requirements (failed/passed criteria) shall be applied to determine the Consultant's qualifications:

 

  1. Legal status and market experience

 

  1. Experience in digital education
  1. adaptive search
  2. dynamic filters
  3. designers of training programs
  4. analytical panels
  5. interfaces for administration
  6. evaluation and feedback functionality.
  1. integrations with government services via API;
  2. creation of analytics modules;
  3. development of authorization and data protection.
     
  1. Cooperation with international organizations
  1. Financial stability
  1. Confirmation of qualification. A Consultant shall provide:

 

 

  1. Availability of qualified specialists. The company  must confirm the availability of  at least 7 specialists having permanent/long-term contracts (the term of which exceeds 12 months):

 

Personnel

The consultant shall provide sufficiently qualified specialists and time allocation to perform the activities required by the scope of work and achieve the project objectives within the specified time, cost and quality parameters.

The Consultant's team should have key experts with the relevant knowledge and experience to develop and implement digital assessment products and tools. In addition, appropriate administrative staff, such as secretaries and translators, should support the team throughout the assignment.

The Consultant is expected to propose the number and type of staff required to perform the services effectively and efficiently. Costs for all proposed staff shall be included in the financial proposal. The Consultant shall also ensure that all proposed staff will be available during the time specified in the Assignment.

It is estimated that the development of content in all educational domains will require the involvement of 10 leading experts in educational domains and 20-30 experts in learning outcomes assessment/ curriculum development/ content design..

Experts are expected to carry out development of TLM, development of Manual, capacity building measures, and then planning/ moderating the final dissemination event.   

 

Qualifications of key experts

Leading expert in the field of education – focuses on identifying sector-specific features and reviewing tasks for assessing learning achievements at the adaptation stage of the profiled upper secondary education  in accordance with the learning outcomes and assessment criteria established by the SSPUSE. He/she interacts with stakeholders and advises on the implementation of assessment tools within the relevant field.

 

Qualifications and experience:

 

Learning Outcomes Assessment Expert – focuses on the development of learning outcomes  assessment tasks in the relevant domain. Develops model assignments/tools/projects, teaching aids, and assessment methods, ensuring that they are aligned with competency-based standards. Collaborates with practitioners to refine and pilot these solutions.

 

Qualifications and experience:

The consent of the MoES to engage the proposed experts must be obtained prior to engagement based on the curriculum vitae provided by the Consultant. Key experts should confirm their qualifications by providing detailed CVs highlighting their experience, skills and relevance to the project profile. The Consultant shall identify all technical and support staff that will be required for the timely completion of the Assignment. In this regard, the Consultant is expected to indicate the number and availability of all technical and support staff to demonstrate that the objectives can be achieved. Therefore, the names of technical and support staff are requested, although resumes are not required.

The Consultant shall select and hire other experts (if necessary) in accordance with the profiles defined in its Methodology and these Terms of Reference.

The Consultant may outsource the organization of events (e.g., seminars, workshops, stakeholder meetings) to a specialized service provider. The selection, engagement and management of any such external service provider will be at the discretion of the Consultant, subject to the prior approval of the MoES. All arrangements shall be in accordance with the defined project scope, budget and quality requirements.

Implementation mechanism

Consultant

The Consultant shall be responsible for the support in all aspects and expenses of its team during the performance of the Services. The Consultant shall be responsible for hiring and remuneration of the staff. The Consultant shall also cover its own costs for additional technical, administrative and other support staff.

The Consultant shall provide all logistics, rent, supplies, computers, laptops and equipment necessary for the smooth delivery of the services and shall provide for the same in its financial proposal. These funds shall be provided only as rent, including maintenance, and shall not be provided as funds for the purchase of any logistics items in the Financial Proposal.

The Consultant will report on all aspects of the contract to the Client's authorized representative.

During the project implementation, the Consultant shall take into account the restrictions related to the military invasion/ the unstable security situation in Ukraine. Depending on the nature of the restrictions at the start date of the Contract, the Consultant may have to start with remote office work before being able to conduct field work and/or may prefer to engage local consultants in the early stages of the Contract. The Consultant is encouraged to explore all opportunities to engage local staff and benefit from their knowledge and experience.

Client

The Client shall be responsible for the implementation of the Project as a whole, and the Consultant's Assignment shall be managed and monitored by the Client's Executive Team.

All communication between the Client and the Consultant shall be in writing in English and/or Ukrainian. With regard to payments to the Consultant, amendments to the contract with the Consultant, submission of the Consultant's requests for the Client's prior approval and other similar cases and actions for which the Client considers such a method of correspondence mandatory, the correspondence shall be conducted by means of printed documents in a sufficient number of copies provided to the Client. In all other cases, correspondence by e-mail is acceptable, provided that the list of recipients is agreed upon by both parties in advance.

The Client shall provide all available data, documents, reports and studies related to the Assignment and necessary for the successful performance of the Services. The Consultant shall be solely responsible for verification, interpretation and use of such materials and data. The Consultant shall not disclose the received data/documents to any third party not involved in the Assignment.

Most of the available information is in Ukrainian. The consultant will organize translation, if necessary, at its own expense.

All products, results, reports, materials, etc. developed under the project are the property of the Ministry of Education and Science.

Equipment

No equipment shall be purchased on behalf of the Client under this service agreement and shall not be transferred to the Client after the termination of this agreement. Any equipment related to this contract that is to be purchased by the Client shall be procured through a separate procurement tender procedure.

 

 

Annex 1

KPI for the TLM and Manuals on TLM

 

Educational Domain

Number of study programs

Minimum number of model sets* of tasks

Minimum number of model projects

 Number of compensatory 24-hours courses in the 10th grade

(1 hour = 45 minutes)

Manuals for TLM in digital and printed formats

for one diagnostic assessment in 10th grade (input at the beginning of the 1st semester)

for one summative assessment in the 1st semester of the 10th grade

for one summative assessment in the 2nd semester  of the 10th grade

basic level of learning outcomes,  the 10th grade

 

advanced level of learning outcomes, the 10th grade

1

- ()

Language and Literature (Ukrainian)

1

1

1

1

1

1

1

1 manual in digital and 200 hard copies

2

Mathematics

1

1

1

1

1

1

1

1 manual in digital and 200 hard copies

3

Sciences

1

1

1

1

1

1

1

  1 manual in digital and 200 hard copies

4

Technological

1

1

1

1

1

1

1

1 manual in digital and 200 hard copies

5

Informatics / Computer Science

1

1

1

1

1

1

1

1 manual in digital and 200 hard copies

6

’

Social and Health-Preserving

1

1

1

1

1

1

1

1 manual in digital and 200 hard copies

7

Civic and Historical

1

1

1

1

1

1

1

1 manual in digital and 200 hard copies

8

Arts

1

1

1

1

1

1

1

1 manual in digital and 200 hard copies

9

Physical Education (PE)

1

1

1

1

1

1

1

1 manual in digital and 200 hard copies

10

- ()

Language and Literature (foreign)

1

1

1

1

1

1

1

1  digital and 200 hard copies

 

Total

10

10

10

10

10

10

10

10  digital and 2000 hard copies

 

Reporting

Phase 1 Report

Phase 1 Report

Phase 2 Report

Phase 3 Report

Phase 2 Report

Phase 3 Report

Phase 2 Report

Phase 3 Report –digital layouts

Phase 4 Report – hard copies  published

*Note: One set of tasks consists of more than one task for a learner. One set of tasks means one variant.

 

nnex 2

Work schedule

Sub-component

Phase, activity

The result of the activity

Time frame

Estimated time frame, weeks since a date of contract signing

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

Phase 1

 

Inception stage: development of Quality Assurance Plan; selection and hiring respective personnel

Quality Assurance Plan is developed; personnel is hired.

1-4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C1.1

Formation of groups of experts in educational domain

All 10 groups of experts in specific domains have been selected and approved by the MoES

1-2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C1.2

Determining the format of TLMs specifically for different educational domains and the procedure for their examination and approval

The format of TLMs has been agreed, taking into account domain specifics and the procedure for their examination and approval

2-4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C1.3

Developing and examination of the diagnostic work (input)

Diagnostic work (input) for all 10 domains developed and approved

4-8

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C1.4

Developing the Study program

Study programs for all 10 domains developed and approved

6-10

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C2.1

Needs analysis / determination of the approach to the upgrading / integration of a digital repository of educational materials

Decision made to modernise/upgrade the repository considering existing digital resources.

1-4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Submission of draft Phase 1 Report

 

12

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Phase 2

C1.5

Developing the compensatory learning tasks for the 1st semester

Compensatory learning tasks for all 10 domains developed and approved

10-14

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C4.1

Stakeholders training

Teachers of pilot schools were trained on using TLMs (1st wave of training course - webinars)

11-13

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C1.6

Developing the basic-level model project

Model projects for all 10 domains developed and approved

14-15

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C1.7

Creating summative semester work for the 1st semester

Summative semester works for all 10 domains developed and approved

16-19

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C2.2

Upgrading a digital repository of educational materials

An upgraded version of the TLMs repository was created and the relevant materials were posted

5-19

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C1.8

Developing the compensatory learning tasks for the 2nd semester

Compensatory learning tasks for all 10 domains developed and approved

20-25

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Submission of draft Phase 2 Report

 

27

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Phase 3

C4.2

Stakeholders training

Teachers of pilot schools were trained on using TLMs (2nd wave of training course - webinars)

26-28

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C1.9

Developing the advanced-level model project

Model projects for all 10 domains developed and approved

27-31

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C1.10

Developing summative semester work for the 2nd semester

Summative semester works for all 10 domains developed and approved

32-36

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C3.1

Developing the Manuals on TLMs applying

Manuals on TLMs applying are developed and approved (digital layouts)

37-42

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C3.2

Posting tasks in the repository

The developed materials are posted in the repository

17-42

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C4.3

Developing an online course on TLMs applying

An online course on 10th Grade TLMs applying for teachers and other stakeholders is developed and launched

29-42

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Submission of draft Phase 3 Report

 

44

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Phase 4

C3.3

Publishing the Manual on TLMs applying

Hard copies of Manuals on TLMs applying are published and disseminated

43-44

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C5.1

Final presentation event

Prepared and held an in-person event with representatives of pilot schools, and other stakeholders

45

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C5.2

Summarizing and reporting

Draft report prepared

45-46

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Submission of draft Phase 4 Report

 

48

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legend

C1

 

C2

 

C3

 

C4

 

C5

 

 

 

 

 

 

 

"},{"id":"OP00431206","notice_type":"Request for Expression of Interest","noticedate":"11-Jun-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-06-12T00:00:00Z","submission_deadline_time":"09:15","project_ctry_name":"Pakistan","project_id":"P172615","project_name":"National Health Support Program","bid_reference_no":"PK-NHSP FEDERAL-525488-CS-QCBS","bid_description":"Hiring consultant services for mapping of Public and Private Health Facilities","procurement_group":"CS","procurement_method_code":"QCBS","procurement_method_name":"Quality And Cost-Based Selection","contact_address":"Islamabad","contact_ctry_name":"Pakistan","contact_email":"nhspmnhsrc@gmail.com","contact_name":"Javeriah Shamsy","contact_organization":"Federal National Health Support Program","contact_phone_no":"03362040461","contact_web_url":"na","submission_date":"2026-06-11T00:00:00Z","notice_text":"

EXPRESSION OF INTERUST (EOI)

HIRING CONSULTANCY FIRM FOR PROVISION OF CONSULTANCY SRVICES FOR MAPPING OF PUBLIC & PRIVATE HELTH FACILITIES AT FEDERATING AREAS TO THE NATIONAL HEALTH SUPPORT PROGRAM, MINISTRY OF NATIONAL HEALTH SERVICES, REGULATIONS & COORDINATION (NHSR&C)

 

            The National Health Support Program, Ministry of National Health Services, Regulations & Coordination (M/o NHSR&C), Government of Pakistan, intends to engage as professional IT/Technology or Geospatial Services/Consulting Firm to assist in mapping of Public and Private Health Facilities located in Federating Areas.

To this end, the M/o NHSR&C invites Expressions of Interest (EOI) from well-reputed, experienced, and technically sound IT/Technology or Geospatial Services/Consulting Firm capable of providing technical assistance, and process facilitation services in line with national rules and international best practices.

The bidding shall be conducted under the QCBS method. Interested firms may obtain documents containing qualification parameters for qualify from https://www.nhsrc.gov.pk/ or PPRA website https://www.ppra.org.pk/. and e-PADS www.eprocure.gov.pk.

EOI documents prepared in accordance with the instructions provided in the Instruction to firms should must be submitted through e-PADS on or before ……, 2026 at 10:00 A.M and same will be opened on same date at 10:30 A.M. Manual submission of quotation without e- PADS will NOT be accepted/ entertained.

In terms of Rule 48 of Public Procurement Rules, 2004 Grievance Redressal Committee (GRC) is constituted for subject procurement. Notification of the said GRC is provided on EPADS at www.eprocure.gov.pk.

National Health Support Program (NHSP), Ministry of National Health Services, Regulations & Coordination reserves the right to accept or reject any or all bids in accordance with relevant clause of Public Procurement Rules (PPR-2004),

 

 

 

 

 

 

 

 

 

 

 

National Health Support Program (NHSP)

Ministry of National Health Services, Regulations & Coordination

Plot 207, I-10/3, Islamabad

Ph No: 051-4800284

 

1.         INSTRUCTIONS TO APPLICANT FIRMS

 

1.1       BRIEF INTRODUCTION

 

Pakistan aims to successfully implement EPHS in federating areas to ensure essential health services to the communities. It is envisaged as a great challenge in provision of basic health services in the Primary Health Care level. This has led to more demand of services in tertiary hospitals, as community and PHC center level services are very week, unbale to offer reasonable level of essential health services.

The purpose of the project is to strengthen Health System while ensuring essential health services at community and primary health center level in federating areas.

Project objective is to build core capacities and to implement the EPHS in ICT and other federating areas to ensure essential health services to the communities.

 

1.2       OBJECTIVE OF EOI

 

The National Health Support Program, Ministry of National Health Services, Regulations & Coordination (M/o NHSR&C) seeks to obtain Expressions of Interest (EOIs) from well-reputed, competent, and experienced IT/Technology or Geospatial Services/Consulting Firm to provide professional assistance in mapping of Public and Private health facilities in federating areas.

The objective of this EOI is to shortlist qualified consulting firms capable of supporting the Ministry in conducting geo mapping of public and private health & Population Welfare facilities in the federating areas and advice to the National Health Support Project under the Ministry of National Health Services, Regulations and Coordination (MNHSR&C) to plan, develop and implement the initiative “Developing a model health care system for Universal Health Coverage in Federating Areas.

 

1.3       FINANCES FOR THE EOI:

 

The financial requirements for this assignment shall be met through the approved grant provided by the World Bank.

 

1.4       ELIGIBLE APPLICANTS

 

1.    In order to be eligible, the firm(s) should be registered or incorporated as per the law of the land where it originates, and submit the valid Registration or Incorporation Certificate, Income Tax Clearance/Submission Certificate.

  1. In addition, the applicant shall submit ‘Self Declaration’ mentioning their eligibility, non-conflict of interest, non-receipt of any punishment while doing any project or any other business including any kind of debarment by any Governmental or national or international organizations and litigation history (if any).
  2. Those firms currently providing the IT/Technology or Geospatial consultancy or any other services to the Ministry of National Health Services, Regulations & Coordination (including its attached departments, subordinate offices, or PSDP-funded projects) shall not be eligible for this EOI due to a clear conflict of interest. Such firms may only be eligible for assignments where they are already engaged. The applicant must declare all ongoing or past engagements with M/o NHSR&C or its entities to enable conflict-of-interest determination.

 

1.5       GENERAL INSTRUCTIONS TO THE APPLICANTS

 

1.5.1    Clarification on EOI Documents

 

A prospective applicant firm requiring any clarification on this EOI document may seek clarification by contacting the PD, NHSP, Ministry of National Health Services, Plot No 207, I-10/3, Islamabad Ph: 051-4800284 email: nhspmnhsrc@gmail.com during working hours on all working days prior to three days of the deadline for submission of the completed EOI document at the address mentioned below:

 

Project Director,

Plot No 207,

I-10/3, Islamabad, Pakistan

Tel +92-51- 4800284

E-mail:   nhspmnhsrc@gmail.com

 

1.5.2    Amendments in EOI Document:

 

At any time prior to the deadline for submission of applications, Office of NHSP, Ministry of National Health Services may amend the EOI Documents by issuing addenda/Corrigendum on EPADS of PPRA.

Any addendum / corrigendum of EOI issued shall be part of the EOI Documents and shall be published on EPADS of PPRA.

To give prospective Applicants reasonable time to take an addendum/corrigendum into account in preparing their applications, Office of NHSP, Ministry of National Health Services,  may extend the deadline for the submission of application and same will also be published on EPADS of PPRA

 

1.5.3    Cost of Preparation of EOI and Liability:

 

Applicant firm shall bear all costs associated with the preparation and submission of the EOI document. The NHSP, MONHS will, in no case, be responsible or liable for these costs, or have any other liability to any Applicant, regardless of the conduct or outcome of the EOI process. The NHSP shall have no obligation to any Applicant to reimburse any costs incurred in preparing a response to this EOI.

 

1.5.4    Confidentiality of the Document

 

If an Applicant believes that any portion of the submission is to be treated in confidence, he shall identify such information clearly in the submission. The NHSP will make every effort to treat such documents in confidence as far as possible.

 

1.6       SUBMISSION OF EXPRESSION OF INTEREST

 

1.6.1    Sealing & Marking:

Properly sealed hard copy of the application will be submitted along with supporting documents at the designated office/ location, NHSP, Ministry of National Health Services, Regulations and Coordination Islamabad with proper page marking, and proper binding shape by or before the announced date and time of opening as mentioned below:

 

Project Director,

Plot No 207,

I-10/3, Islamabad, Pakistan

Tel +92-51- 4800284

E-mail:   nhspmnhsrc@gmail.com

 

 

1.6.2    Deadline for Submission

 

  1. Deadline for the submission will be as per announced Date and time via National Press, PPRA website and EPADS of the PPRA.
  2. The NHSP, Ministry of National Health Services, Regulations and Coordination, may at its discretion, extends the deadline for the submission of applications. However, this will be intimated in national press via corrigendum as well as on EPADS of PPRA.
  3. The completed EOI document must be submitted to the before 12:00 Hours, Pakistan Standard Time (GMT +5) on ---- of December, 2025 (---day) on EPAD & Hard Copy will be submitted address Above 1.6.1.
  4. The completed EOI documents received by the NHSP, Ministry of National Health Services after the deadline shall be considered late and shall be summarily rejected.
  5. If the deadline specified herein falls on a government holiday, the deadline shall be extended automatically to the next working day at the same hours.

 

1.7       PUBLIC OPENING OF THE EOI DOCUMENT

 

The completed EOI documents received by the due date and within the time specified in section 1.6.2, shall be opened at 15:00 Hours on the same day, in the presence of the applicants or their authorized representatives who so ever wish to attend the opening event. Absence of the applicants or their authorized representative(s), however, shall not obstruct or prevent the opening of the EOI in any way. Applicants’ each designated representative must bring a letter from the applicant stating that he/she is authorized to represent the applicant for the public opening of the EOI document. Applicants or their authorized representatives who are present at the time of opening shall sign in a register evidencing their presence.

During the opening, an authorized representative of the NHSP, Ministry of National Health Services, Regulations and Coordination shall read out the names of the applicants who have submitted the completed EOI document and then will open the submitted EOI envelopes.

1.8       SHORTLISTING PROCESS

 

The NHSP, Ministry of National Health Services, Regulations and Coordination shall shortlist the Applicant Firms based on the mandatory eligibility parameters prescribed at 1.8.1. Anything not mentioned in this document regarding the EOI process shall be governed by the prevailing Public Procurement Rules and Regulations issued by the Public Procurement Regulatory Authority.

 

At the first stage screening of the application shall be made in accordance with mandatory eligibility parameters, and then evaluation of the applications shall be made in accordance with the Evaluation Criteria as given in RFP. All parameters are compulsory to meet; failure to comply with even a single parameter shall result in disqualification from the process.

extend date for submission of eoi

"},{"id":"OP00443859","notice_type":"Request for Expression of Interest","noticedate":"10-Jun-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-06-26T00:00:00Z","submission_deadline_time":"15:00","project_ctry_name":"Mozambique","project_id":"P174639","project_name":"Mozambique Safer Roads for Socio-Economic Integration Program","bid_reference_no":"MZ-PMU-538763-CS-QCBS","bid_description":"Management Support for Implementation of Mozambique Transport Portfolio (TACF)","procurement_group":"CS","procurement_method_code":"QCBS","procurement_method_name":"Quality And Cost-Based Selection","contact_address":"Mozambique","contact_ctry_name":"Mozambique","contact_email":"belarmino.chivambo@mtl.gov.mz","contact_name":"Belarmino Chivambo","contact_organization":"Project Management Unit","contact_phone_no":"843848477","submission_date":"2026-06-10T00:00:00Z","notice_text":"

Addendum 1

Extension of submission deadline of MZ-PMU-538763-CS-QCBS: Management Support for Implementation of Mozambique Transport Portfolio (TACF) from 8th June 2026 to 26th June 2026

This Addendum extends the submission Deadline from 8th June 2026 to 26th June 2026. Other details in the REOI of 11th May 2026 remains. Candidates who submitted their EOI’s by 8th June 2026 may choose to maintain their submissions or may improve them by the new deadline for submission.

 

REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTING SERVICES – FIRMS SELECTION)

COUNTRY: Republic of Mozambique

NAME OF PROJECT: Mozambique Safer Roads for Socio-Economic Integration

Grant No.: IDA-E0780

Assignment Title: Management Support for Implementation of Mozambique Transport Portfolio (TACF)

Reference No. (as per Procurement Plan): MZ-PMU-538763-CS-QCBS

The Government of Mozambique (GOM) has received financing from the World Bank toward the cost of the Safer Roads for Socio-Economic Integration Program and intends to apply part of the proceeds towards the payment for consulting services.

The consulting services (“the Services”) is to strengthen the capacity of the Portfolio Coordination Unit (PCU) i.e.  (Project Management Unit (PMU)& Project Implementation Unit (PIU’s)), for a period of 2 years, with possibility to extend for another 2 years period.  The TACF will act as a technical assistance partner to the PMU — providing advisory support, systems development in planning, procurement, contract management and project handover, environmental and social risks management, tools, and integrated programme controls, advising on claims prevention/negotiation, and on-the-job capacity building to strengthen PMU and PIU performance. TACF will act as a Project Management Office (PMO) with an ultimate goal of supporting the transition from reactive management to a proactive, results-oriented execution model that secures long-term infrastructure sustainability and strategic investment growth.

The Terms of Reference (TOR) for the primary procurement stage for the assignment can be obtained from the address given below.

The Ministry of Transport and Logistics (MTL) now invites eligible consulting firms (“Consultants”) to express 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. The Shortlisting criteria will be based on the following areas:

Key Experts will not be evaluated at the shortlisting stage. The shortlist will contain Five (5) to Eight (8) shortlisted firms.

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” Seventh Edition, September 2025 (“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 Quality and Cost Based Selection method set out in the Procurement Regulationsand and to be specifically set out in the Request for Proposals.

Further information can be obtained by sending an email to procurement.ucp@mtl.gov.mz during office hours 0900 to 1500 hours.

Expressions of interest must be delivered in a written form to the address below (in person, or by mail or by e-mail)” by 26th June 2026.

 

Ministério dos Transportes e Logística,

Attention:  Portfolio Coordinator

Avenida dos Martires de Inhaminga, Nr 336

Email: procurement.ucp@mtl.gov.mz

Maputo – Moçambique

"},{"id":"OP00448807","notice_type":"Request for Expression of Interest","noticedate":"03-Jun-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-06-18T00:00:00Z","submission_deadline_time":"17:00","project_ctry_name":"Lebanon","project_id":"P181954","project_name":"GFPP for Lebanon Digital Acceleration Project","bid_reference_no":"LB-OMSAR-537755-CS-CQS","bid_description":"E-signature Foundations: Roadmap/plan for implementation + Capacity Building","procurement_group":"CS","procurement_method_code":"CQS","procurement_method_name":"Consultant Qualification Selection","contact_address":"OMSAR, STARCO Building, Bloc A, 5th Floor\nOmar Daouk Street, Mina El Hosn Sector\nBeirut, Lebanon","contact_ctry_name":"Lebanon","contact_email":"mhammoud@omsar.gov.lb","contact_name":"Mirvat Hammoud","contact_organization":"Office of the Minister of State for Administrative Reform","contact_phone_no":"+961 (1) 371 505","submission_date":"2026-06-03T00:00:00Z","notice_text":"

REQUEST FOR EXPRESSIONS OF INTEREST

CONSULTANT’S QUALIFICATIONS BASED SELECTION (CQS)

 

E-Signature Foundations: Mapping, Roadmap, Legal Instrument Drafting and Capacity Building

 

Name of Project

GFPP for Lebanon Digital Acceleration Project (LDAP) - P181954

Loan No/Credit No/ Grand Number

TF-C8895

Assignment Title

E-signature Foundations: Mapping, Roadmap, Legal Instrument Drafting and Capacity Building

Procurement Plan Ref Number

LB-OMSAR-537755-CS-CQS

Country of Delivery

Lebanon

The Office of the Minister of State for Administrative Reform (OMSAR) has received financing from the World Bank toward the cost of the Preparation Grant for the Lebanon Digital Acceleration Project (LDAP) and intends to apply part of the proceeds for the following consulting services.

The consulting services (“the Services”) include providing technical, legal, and advisory support to establish the practical foundations and pathways for the progressive use of electronic signatures in Lebanon. Running over an estimated implementation period of 15 weeks, the Services comprise three parallel workstreams:

The detailed Terms of Reference (TOR) for the assignment is attached to this REOI.

The Office of the Minister of State for Administrative Reform (OMSAR) 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.

The best qualified firm to carry out the services will be selected in accordance with the Consultant’s Qualifications Based Selection (CQS) method set out in the Regulations and based on the following shortlisting criteria:

Firm Specific Experience

Key Experts will not be evaluated at the shortlisting stage.

The attention of interested Consultants is drawn to paragraph 3.14, 3.16 and 3.17 of the World Bank’s Procurement Regulations for IPF Borrowers dated September 2025 (“the 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.

Further information can be obtained at the address below during office hours (09:00 AM to 04:00 PM Beirut Time).

Expressions of interest must be delivered in a written form to the address below (in person, or by mail, or by e-mail) by COB 18 June, 2026.

Office of the Minister of State for Administrative Reform (OMSAR)

Technical Unit – Preparation Grant for Lebanon Digital Acceleration Project

Attn: Ms. Mirvat Hammoud – Procurement Specialist

Address: STARCO Building, Bloc A, 5th Floor

Omar Daouk Street, Mina El Hosn Sector

Beirut, Lebanon

Tel: +961 (1) 371 505; ext. 160

E-mail: mhammoud@omsar.gov.lb

 

TERMS OF REFERENCE

PREPARATION GRANT FOR LEBANON DIGITAL ACCELERATION PROJECT (P181954)

E-Signature Foundations: Mapping, Roadmap, Legal Instrument Drafting and Capacity Building

Background

Lebanon is facing a protracted, multidimensional crisis that has impaired state institutions and public service delivery. Fragmented digital systems, reliance on paper-based processes, and limited trust in electronic transactions continue to hinder efficiency, transparency, and accountability across the public and private sectors. These challenges are compounded by gaps in digital governance, incomplete regulatory activation, and limited institutional capacity to operationalize key digital enablers.

To address these issues, a strategic investment to modernize Lebanon’s public sector through digital transformation, stimulate private sector growth, and accelerate the development of a robust digital economy is under preparation with World Bank support. The Lebanon Digital Acceleration Project (the “Project”) will establish secure, scalable, and resilient digital infrastructure including cloud services, data platforms, and cybersecurity systems that are essential for attracting investment and fostering innovation. By strengthening digital ID, e-signature capabilities, and the legal framework for digital transactions, the Project will improve the ease of doing business and enable trusted, efficient engagement between the public and private sectors. In parallel, the Project will advance key regulatory reforms in telecom, data protection, e-signature, and artificial intelligence (AI), while investing in Lebanon’s digital talent pool. Together, these measures will lay the foundation for a more competitive, dynamic, and inclusive economy.

The World Bank’s Grant Facility for Project Preparation (GFPP) has been extended to OMSAR to support Project preparation. The GFPP grant will be implemented by a Technical Unit (TU) housed within OMSAR.

An important enabler of digitalization is the electronic signature (e-signature), which represents data in electronic form logically associated with an electronic document or transaction and used by a signatory to indicate approval or intent. Under Lebanese Law No. 81 of 2018, electronic signatures and electronic writing, including those of official nature, are granted the same legal validity as paper-based ones subject to defined conditions related to integrity, identification, and evidentiary reliability. The law establishes a framework for trust services and assigns supervisory and accreditation responsibilities to the Lebanese Accreditation Council (COLIBAC), including defining accreditation requirements and procedures applicable to trust service providers and accreditors, and maintaining trusted lists of accredited entities.

While the legal framework is in place, COLIBAC is not yet fully operational and has been for a long period governed by a Board of Directors as an interim arrangement, composed of representatives from relevant ministries. In April 2026, as a recent important development, a Director General for COLIBAC has been appointed, and will ensure executive leadership, while of its governance and internal structures, remain in progress. A range of technical, institutional, and procedural measures and mechanisms will need to be put in place to further support the effective operationalization of COLIBAC, in line with its mandate. It is also noted that ongoing efforts to operationalize the e-signature framework, including work on the implementing decree, has been undertaken at the national level and shall be taken into consideration under this assignment to ensure continuity and avoid duplication.

It is also worth noting that OMSAR, in collaboration with OMSTAI and the World Bank, convened a multi-stakeholder workshop on February 12, 2026 to discuss the operationalization of electronic signatures in Lebanon and to build a shared understanding of the legal, technical, and institutional aspects of the existing e-signature ecosystem. The workshop convened representatives from key public institutions, including the Ministry of Justice, the Ministry of Industry, Banque du Liban, the Banking Control Commission of Lebanon, as well as legal and digital experts from the private sector. The discussions formulated a high-level roadmap that highlighted the need to establish the practical foundations and implementation pathways for the progressive use of electronic signatures under the current legal framework, including the importance of operationalizing COLIBAC by supporting the broader legal and governance arrangements needed to fulfil its mandate.

As a follow-up to the workshop, participants agreed on the establishment of an inter-institutional working group composed of representatives from the concerned ministries and institutions to support ongoing coordination, technical discussions, and the progressive operationalization of the electronic signature framework through the below phased approach:

Assignment and Objectives

The objectives of this assignment are to:

  1. Assess the current e-signature landscape (institutional, legal and regulatory, and governance foundations) of electronic signatures in Lebanon identifying gaps, ambiguities, and implementation challenges and benchmark it against international standards and best practices.
  2. Provide illustrative risk-based use cases in the public, private and financial sector.
  3. Produce a phased roadmap for reforming the institutional, legal and institutional landscape, and for scaling electronic signatures across the public sector, the financial sector and the private sector.
  4. Assess and strengthen COLIBAC’s institutional readiness and capacity needs to perform its mandate, including governance and decision-making processes, operational model accreditation/conformity assessments functions, requirements, evaluation criteria, and deliver capacity building to support effective operationalization.
  5. Draft and validate amendments to Decree 14115/2024 to enable flexible, risk-proportionate use of e-signatures.
  6. Facilitate coordination and alignment among key stakeholders, by engaging them at different points to validate findings and reach the above objectives.

Detailed Scope of Work and Deliverables

Workstream 1:  Legal, Regulatory, and Institutional Review, Diagnostic and Benchmark of Electronic Signatures and Phased Roadmap

It is to be noted that previous analyses have already been undertaken in this area, including the analysis of Law 81/2018. As such, the consultant will not duplicate existing work but shall, where applicable, draw on such analyses, which will be provided as an input. The consultant will focus on governance and institutional arrangements, and as such should extend the legal benchmarking beyond Law 81 itself to examine the broader legislative framework that confers mandates on the relevant institutions, including COLIBAC, in order to assess whether those mandates are sufficient and coherent and, where necessary, in need of adjustment.

Workstream 1 – Part 1:

Workstream 1 – Part 2:

The Consultant will develop a phased roadmap (short, medium and long term) and recommendations for wide roll-out of e-signature across the public sector, the financial sector and the private sector, building on the high-level roadmap produced during the February 2026 multi-stakeholder workshop and work conducted under this assignment.

The roadmap shall be formulated and shall propose recommended phasing, prioritization and tactical sequencing across several areas /elements, with an aim to ultimately align with best international practices and frameworks, to support a mature domestic trust services ecosystem The roadmap shall:

The national roadmap will be validated through engagement with key stakeholders before it is submitted in final form.

Deliverables:

Workstream 2: Amendment of e-signature Decree 14115/2024

Building on existing work and draft instruments developed in relation to the implementation of the e-signature framework, the consultant shall draft the necessary amendment to Decree 14115 to clarify provisions and provide practical implementation pathways for e-signature in the public sector, basing the drafting on the recommendations produced by the workshop on e-signature held on February 12, 2026 and work under this assignment, and shall closely coordinate with OMSAR, OMSTAI, and relevant national stakeholders including the Ministry of Justice, the Ministry of Industry, and other relevant entities.

Amendments to include the following:

The consultant shall closely engage throughout the assignment with key relevant stakeholders to develop, discuss and validate the proposed amendments (revision drafts to be iteratively proposed and validated) in order to have an issuance ready version of the amended decree).

Deliverables:

Workstream 3: Institutional Readiness and Capacity Building for COLIBAC

This workstream aims to build the capacity of COLIBAC in effectively establishing an operational model for accreditation and conformity assessments.

Deliverables:

Proposed Methodology and Work Plan

As part of the proposal, the service provider shall present a clear, coherent, and technically sound approach to fulfilling the 3 workstreams of the Scope of Work.

Cross Cutting Requirements

Vendor Neutrality and Future-Proofing

All designs, architectures, recommendations, and future implementation pathways produced under this assignment shall remain vendor-neutral, standards-based, and modular, avoiding proprietary technologies or exclusive reliance on any single solution provider.

Change Management and Adoption

The consultant shall identify key change management and adoption risks associated with future implementation and propose mitigation measures, including user onboarding, institutional capacity building, and communication considerations.

Qualifications

The Consultant shall be a qualified firm with demonstrated experience in delivering advisory, technical, and implementation support related to digital transformation, electronic transactions, or trusted digital services.

Firm Specific Experience

 

Team Composition

The team must have demonstrated success in similar projects in MENA or emerging markets.

Electronic Signature / Digital Trust Senior Specialist / Lead

The Consultant shall propose a senior-level expert (minimum 10–15 years of experience) with recognized expertise in digital trust frameworks demonstrating.

Senior Legal / Regulatory Expert

The consultant shall include a senior legal expert (minimum 10–12 years of experience) specialized in electronic / digital law and regulation, demonstrating:

Institutional Capacity-Building / Change Management Expert

The Consultant shall include a senior expert (minimum 10 years of experience) in institutional strengthening and public-sector reform demonstrating:

Team Technical Expertise: the proposed team shall collectively demonstrate expertise in:

Compliance Requirements

The Consultant shall perform all services in accordance with:

In addition, the consultant must comply with the following Environmental and Social (E&S) requirements aligned with the World Bank Environmental and Social Framework (ESF) and the Project commitments:

    1. Code of Conduct (CoC)

All personnel must sign and follow a CoC covering data confidentiality, respectful conduct, non-discrimination, and zero tolerance for SEA/SH.

    1. Labor and Working Conditions

The firm must ensure fair labor practices and safe working conditions and provide an internal worker grievance mechanism for its staff.

    1. Data Security, Privacy, and Cybersecurity

All data handled under this assignment must be securely stored, accessed only by authorized staff, and managed using privacy-by-design and cybersecurity best practices. Any data breach must be immediately reported.

    1. Stakeholder Engagement and Grievance Redress

Consultations must be inclusive and accessible, with all feedback documented. Stakeholders must be informed that complaints can also be submitted through the Project’s Grievance Mechanism that will be shared.

    1. SEA/SH Prevention

The firm must enforce zero tolerance for SEA/SH and ensure staff follow appropriate conduct and reporting procedures when engaging with stakeholders.

    1. Environmental Considerations for ICT (ESS3)

Any ICT equipment or data storage devices used must be managed responsibly, including secure data wiping and environmentally sound disposal.

Reporting, Deliverables, and Contract Management

Project Oversight and Management Structure

 A Technical Committee (TC) will be established to provide strategic direction, oversight, and effective management of the engagement. Chaired by the Grant Coordinator and composed of members from OMSAR, OMSTAI, Ministry of Industry, Ministry of Justice, and other involved ministries, as applicable, the TC serves as the primary governing body responsible for reviewing the firm’s progress and ensuring alignment with national digital transformation goals.

Reporting Obligations

The Consultant will report directly to the Grant Coordinator. In addition to the contractual deliverables, the Consultant shall submit summary progress reports on a monthly basis (at minimum), including at minimum:

The TC Approval Gate/ Grant Coordinator and Deliverable Acceptance

The Grant Coordinator, in consultation with the TC and relevant public entities, is the sole authority empowered to formally accept and approve project deliverables. The following administrative process applies to every milestone:

Payment Schedule and Invoicing

Payments will be made upon the satisfactory acceptance of the deliverables specified in the below Timeframe table. To initiate payment, the Consultant must submit an administrative package containing the Official Invoice, evidence of delivery, and the Acceptance Notice delivered by the TC Chairperson. In addition, for Workstream 3, signed attendance sheets of training participants must be provided as proof of capacity building.

Intellectual Property and Confidentiality

Timeframe and Payment Milestones

The engagement will be completed in approximately 15 weeks. The Consultant shall undertake the three workstreams in parallel, prioritizing tasks with minimal interdependencies to ensure efficient progress. Payments will be made upon formal written acceptance of the deliverables by the Chairperson of the Project Technical Committee (TC).

The following schedule outlines the expected submission timeline for each deliverable over the 15-week engagement period.

Table 1: Assignment Timeline and Deliverable Sequencing:

Workstreams

Deliverable Reference

Submission Deadline (from Start Date)

Workstream 1: Legal, Regulatory, and Institutional Review, Diagnostic and Benchmark of Electronic Signatures

D1.1: Legal, regulatory, and institutional assessment of electronic signatures in Lebanon, including gap analysis, international benchmarking, governance and institutional roles.

Week 4

D1.2: Recommended Target Model (Legal, Institutional and Regulatory) and Recommendations and Phased Plan for roll-out across the public, private and financial sector

Week 8

Workstream 2:  Amendment of e-signature Decree 14115/2024

D2.1: Initial Draft of the amended decree

Week 10

D2.2: Final Draft of the amended decree (after validation by the relevant stakeholders)

Week 14

Workstream 3: Institutional Readiness & Capacity Building for COLIBAC

 

D3.1: An assessment report on COLIBAC’s current institutional readiness, including governance, operational, and capacity aspects.

Week 4

D3.2:  Targeted capacity-building activities for the “core team” focusing on e-signature operating models including trust service governance models, accreditation and conformity assessments principles.

Week 8

D3.3: Proposed internal structure and operational model for COLIBAC covering accreditation requirements, evaluation and review procedures, decision-making processes and supervision mechanisms;

Week 10

D3.4: Proposed practical operational manuals, guidance materials and artifacts supporting the proposed structure and operational model, validated with Stakeholders;

Week 14

D3.5: Targeted Capacity Building on the D3.4 material to relevant stakeholders at COLIBAC and other concerned entities.

Week 15

 

Table 2: Payment Milestones:

Payment Milestone

Linked Deliverables

Required Approval

Payment (%of Total)

Milestone 1

D1.1 (Diagnostic & Benchmark)

Technical Committee

15%

Milestone 2

D1.2 (Roadmaps & Roll-out Plan)

Technical Committee

20%

Milestone 3

D3.1 & D3.2 (Assessment Report on COLIBAC and Core Team Training)

Technical Committee

15%

Milestone 4

 

D2.1 (Initial Decree Draft)

Technical Committee

10%

Milestone 5

D3.3 & D3.4 (Operational Model and Manuals)

Technical Committee

15%

Milestone 6

D2.2 (Final Validated Decree)

Technical Committee

10%

Milestone 7

D3.5 (Final Capacity Building)

15%

Technical Committee

15%

Total

 

 

100%

 

 

"}]}