Intergovernmental Authority on Development (IGAD)-Djibouti
Request for Expression of Interest
(Consulting Services – Individual Consultant Selection)
Name of project: FOOD SYSTEMS RESILIENCE PROGRAM FOR EASTERN AND SOUTHERN AFRICA)
Project No.: (P178566)
Grant No: IDA-E 0820
Assignment Title: Consultant to Develop Regional IGAD Soil Information System (SIS)
Contract No.: DJ-IGAD-567401-CS-INDV
The Intergovernmental Authority on Development (IGAD) has received financing from International Development Agency (IDA) towards the cost of the Food systems resilience program for Eastern and Southern Africa and intends to apply part of the proceeds of this Grant to payments under this contract to payments under this contract: Consultant to develop regional IGAD Soil Information System (SIS)
To develop Data Governance Framework and Data-Sharing Protocols for a Regional SIS in IGAD.
The consultant should be a senior expert with extensive experience in soil information systems, geospatial data management, digital agriculture, data governance, and regional data-sharing frameworks. The expert should have demonstrated experience in assessing national information systems, developing data governance frameworks, establishing interoperability standards, and facilitating multi-country data exchange initiatives.
Required Qualifications
Professional Experience
The consultant should have:
Expression of interest shall be sent by e-mail by September/20/2026 at 1700hours EAT to:procurement@igad.int copy: hassan.salah@igad.int , with subject line ‘‘FSRP- Consultant to develop regional IGAD Soil Information System (SIS), CONTRACT NO-.: DJ-IGAD-567401-CS-INDV’’.
"},{"id":"OP00466696","notice_type":"Request for Expression of Interest","noticedate":"03-Sep-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-18T00:00:00Z","submission_deadline_time":"10:00","project_ctry_name":"China","project_id":"P162178","project_name":"China Food Safety Improvement Project","bid_reference_no":"GDCS-018A","bid_description":"This project plans to hire a third-party institution to carry out research and application on new technologiesfor safe agricultural production of lychees under sunlight.","procurement_group":"CS","procurement_method_code":"CQS","procurement_method_name":"Consultant Qualification Selection","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":" +86-20-87590235","submission_date":"2026-09-03T00:00:00Z","notice_text":"REOI
Country: The People's Republic of China
Project Name: IBRD Guangdong Agricultural Product Quality Safety Improvement (Demonstration) Project
Loan No.: 9213-CN
Assignment Name: Research and Application of AI-Based Digital Standardized Cultivation for Lychee
Contract No.: GDCS-018
Bidding No.0733-26083764
The Government of the People's Republic of China has received a loan from the International Bank for Reconstruction and Development to improve food safety management at the national and sub-national levels and to reduce food safety risks in selected value chains. The project is being implemented by the State Administration for Market Regulation, the Ministry of Agriculture and Rural Affairs, Guangdong Province, and Shandong Province (Yantai City).
As part of this project, Guangdong Province plans to deepen the development of its agricultural product quality supervision system and leverage modern information technologies to achieve a smart management model for agricultural product quality and safety. Taking the characteristic lychee industry as a breakthrough, the province will carry out research on and application of new technologies for lychee agricultural safety. By utilizing cutting-edge information technologies such as drones, artificial intelligence, and big data, the project will collect, integrate, and analyze data on lychee growth and quality safety. This will enable precise identification of growth conditions, timely risk early warnings, and automated dispatch of agricultural practices throughout the entire lychee cultivation cycle. Ultimately, this initiative aims to make the production process transparent and quality supervision smart, providing comprehensive protection for lychee quality and safety. Furthermore, it will contribute to the realization of the "Healthy China" initiative and the Rural Revitalization Strategy, and help advance the modernization of China's system and capacity for governance.
This Contract utilizes World Bank loan funds to engage a consulting firm/consultant (hereinafter referred to as the "Consultant") for the research and application of AI-based digital standardized cultivation for lychee, with the aim of conducting research on the construction of an ecological planting system for key lychee varieties under targeted governance in Guangdong Province. Relying on new quality productive forces represented by cutting-edge technologies such as drones and artificial intelligence, this initiative aims to acquire precise agricultural information on a large scale and at low cost, thereby providing comprehensive protection for the quality and safety of key lychee varieties under targeted governance.
The implementation period of this Contract is 12 months, with an estimated total input of 36 person-months. The anticipated start date for the assignment is September 2026. Please refer to the Attachment for the detailed Terms of Reference.
Guangdong Provincial Center of Agro-product Safety and Quality (Guangdong Green Food Development Center) hereby invites qualified and interested Consultants to submit proposals for consulting services. Please refer to the Terms of Reference for the main scope of work.
Selection Criteria for the Consultants' Shortlist:
1.Capability to independently bear civil liability (Must provide a copy of the Business License or the Certificate of Legal Person for Public Institutions);
2.Sound financial accounting system (Must provide audited financial reports for the past 3 years);
3.Possession of the equipment and professional technical capabilities necessary for the fulfillment of the contract (A letter of commitment providing the supporting inspection drones and essential testing equipment must be submitted);
4.Good record of tax and social security payment in accordance with the law (Must provide proof of tax payment and social security contribution for the past 3 months);
5.Good business credit and sound business performance (Must provide a statement certifying no major illegal or irregular business activities in the past 3 years, and that the applicant is not listed on the "Credit China" website as a "person subject to enforcement for dishonesty," "major tax violation entity," or "entity with serious illegal acts in government procurement").
6.Track Record: Since January 1, 2021, and up to the deadline for the submission of the Letter of Intent for this project (determined by the contract signing date), the Consultant shall have signed at least one (1) similar performance contract. Similar performance contracts refer to technical consulting service contracts involving the application of drones, remote sensing, imagery, or AI intelligent recognition in agricultural research, or service contracts for research on intelligent and standardized lychee production technologies. (The Consultant must provide copies of relevant supporting documents, including key pages of the contract that clearly indicate the contract name, scope of services, date of execution, and the signatures and official seals of both contracting parties.).
Please note that the Consultant must provide all the supporting materials stipulated in the above "Selection Criteria for the Consultants' Shortlist," along with detailed contact information (including contact person, address, telephone number, email address, etc.). The Consultant shall solely bear the relevant responsibilities and consequences for any issues arising from incomplete submission or failure to meet the requirements.
Interested Consultants are advised to refer to the provisions regarding Conflict of Interest policy in Sections 3.14, 3.16, and 3.17, and the provisions regarding Eligibility in Sections 3.21, 3.22, 3.23, and 3.24 of the "World Bank Procurement Regulations for IPF Borrowers" (November 2020).
Consulting firms may form an association with other firms, but it must be clearly indicated whether the arrangement is in the form of a Joint Venture or Subcontracting. If the Joint Venture form is chosen, each member of the Joint Venture shall be jointly and severally liable for the entire Contract. Please note that every member of the Joint Venture must meet the requirements of the above "Selection Criteria for the Consultants' Shortlist".
The Consultant will be selected through the Consultant Qualification Selection (CQS) method as specified in the Procurement Regulations.
This Request for Expressions of Interest (REOI) is published on the "World Bank Section of China Tendering and Bidding Public Service Platform" (https://bulletin.cebpubservice.com/bank/index.html) and "China Tendering and Bidding Network" (https://www.chinabidding.cn/).
For further information, please contact the Procurement Agent during working hours from September 2nd, 2026, to September 17th, 2026, between 9:00-11:30 AM and 1:00-5:00 PM (Beijing Time).
The number of hard copies of the Expression of Interest (including: specified supporting materials, a brief introduction of the company's basic information and business scope, and any other materials the Consultant deems necessary) shall be: one original and four copies in Chinese. Each copy must be perfect bound. In addition, the Consultant shall submit an electronic version separately on a USB flash drive at the same time as the submission of the Expression of Interest. The USB flash drive must be labeled with the Contract Number and the full name of the Consultant. The USB flash drive shall be sealed together with the original Expression of Interest.
Deadline and Address for Submission of Expressions of Interest:
Deadline for submission: 10:00 AM (Beijing Time) on September 18th, 2026;
Address: Bid Opening Room, 6th Floor, Guangren Building, No. 1 Guangren Road, Yuexiu District, Guangzhou, Guangdong Province.
Client: Guangdong Provincial Center of Agro-product Safety and Quality (Guangdong Green Food Development Center)
Contact Person: Ms. Wu
Address: No. 135, Xianlie East Road, Tianhe District, Guangzhou, Guangdong Province
Postal Code: 510230
Tel: +86-20-87590235
E-mail: mailto:nynct_ncpzx_zhangsh@gd.gov.cn
Procurement Agent: CITIC International Tendering Co., Ltd.
Contact Person: Ms. Guo, Mr. Zhang
Address: Room 1811, 18/F, Tower 59, No. 59 Dongsanhuan Middle Road, Chaoyang District, Beijing
Postal Code: 100022
Tel: +86-10-87945198-503/504
E-mail: mailto:guoying@ck.citic.com; mailto:zhangfan@ck.citic.com
Attachment: TOR for the Consulting Services on the Research and Application of AI-Based Digital Standardized Cultivation for Lychee (Contract No.: GDCS-018) under the IBRD Guangdong Agricultural Product Quality Safety Improvement (Demonstration) Project
TOR for the Consulting Services on the Research and Application of AI-Based Digital Standardized Cultivation for Lychee (Contract No.: GDCS-018) under the IBRD Guangdong Agricultural Product Quality Safety Improvement (Demonstration) Project
To promote the organization and implementation of the agricultural product quality and safety research under the IBRD Guangdong Agricultural Product Quality Safety Improvement (Demonstration) Project (hereinafter referred to as the "World Bank Loan Project"), and to ensure the successful completion of the project in accordance with its objectives and schedule, the Guangdong Center for Agricultural Product Quality and Safety (Guangdong Green Food Development Center) intends to engage a consultant to conduct the research and application of AI-based digital standardized cultivation for lychee.
I.Background
In recent years, the domestic planting area and yield of lychee have continued to grow. However, as a major fruit crop, lychee has occasionally suffered from flower and fruit drop, yield losses, and even phytotoxicity incidents due to inadequate pest and disease control measures and improper pesticide application.
The primary challenges to the quality and safety of lychee production in Guangdong Province include climate variability and pest and disease outbreaks. First, climate variability has a significant impact on lychee production. Frequent weather fluctuations during the growth cycle, particularly heavy rainfall and low temperatures, can adversely affect critical growth stages such as flowering, fruit set, and fruit enlargement. Second, pests and diseases pose another major challenge. During the growth process, lychee is highly susceptible to pests and diseases such as lychee stink bugs and downy mildew. This often leads growers to apply higher amounts of pesticides for control, thereby increasing the risk of pesticide residues.
This project aims to leverage modern information technologies to achieve smart management of agricultural product quality and safety. In recent years, Guangdong Province has actively responded to national initiatives and achieved remarkable results in establishing agricultural safety credit systems, building credit databases, and developing credit evaluation mechanisms.
To further advance the digitalization of agricultural product quality and safety management, it is necessary to continuously strengthen the supervision and regulation of the production process. However, traditional production monitoring methods still face challenges, such as incomplete information collection and difficulties in providing timely risk early warnings. Against this backdrop, exploring the application of modern information technologies—including AI large models, big data, the Internet of Things (IoT), and cloud computing—to continuously improve the agricultural product quality and safety regulatory system has become a critical issue in this field.
II.Objectives and Tasks
(I) Objectives
1.Guided by the objective of improving the quality and safety management of agricultural products, this project will introduce advanced productive forces such as low-altitude drones and artificial intelligence to innovate agricultural production monitoring models. This will break through the limitations in the scope and timeliness of agricultural information collection, effectively enhancing the efficiency of high-quality agricultural development.
2.Establish a large-scale risk early warning mechanism for lychee cultivation. By analyzing the coupling relationship between topography and meteorological data, developing a meteorological data downscaling model, and conducting historical data mining and analysis, the project will achieve risk early warnings for lychee cultivation based on meteorological factors.
3.Promote green, ecological, and digital standardized lychee cultivation. By integrating crop phenotypes with meteorological information, the system will automatically trigger agricultural practices that result in low pesticide residues, and establish a model for remote expert guidance to achieve precise pest and disease control, thereby ensuring the sustainable development of agricultural production management.
(II) Specific Tasks
Against the backdrop of the continuous advancement in the digitalization of agricultural product quality and safety management in Guangdong Province, the research and application of AI-based digital standardized cultivation for lychee has become a crucial area of exploration, aiming to comprehensively enhance lychee cultivation management and quality safety assurance. The specific tasks include:
1.SWOT Analysis
Summarize the current application status and existing challenges of new technologies, including satellite remote sensing, UAV remote sensing, ground-based sensors, and AI, in lychee production. Based on the actual conditions of domestic lychee-producing regions, and taking into account multiple factors such as policy, economy, society, and technology, identify specific points that require investigation and evaluation (e.g., cost-benefit analysis, user acceptance surveys, and technical reliability testing). Furthermore, ensure that this analysis provides a solid foundation for subsequent strategy formulation.
2.Develop Monitoring Specifications for Lychee Growth Status Based on Low-Altitude Sensing
Utilizing high-resolution phenotypic data of leaves, flowers, and fruits collected by UAVs throughout the lychee growth cycle, establish AI-driven phenotypic recognition algorithms. These algorithms will accurately identify the phenological progression, growth trends, and pest/disease conditions of the fruit trees. Furthermore, an adaptive data collection mechanism based on the recognition results will be developed to address the current challenges regarding the scope and timeliness of agricultural information collection, ultimately achieving real-time and dynamic monitoring of lychee growth status.
3. Integrate "Phenotype-Meteorology-AI" to Develop Digital Lychee Cultivation Protocols
Based on on-demand automated UAV flights that capture high-definition close-up images of crops, the agricultural phenotypic AI large model will automatically identify crop growth trends and pest/disease traces. Combined with meteorological information, the model will predict future pest and disease development trends and automatically trigger standardized, ecological pest control and agricultural practices that result in low pesticide residues. Concurrently, a remote expert guidance model will be established. High-frequency phenotypic images from intensive UAV flights will be transmitted to experts, who will remotely oversee the critical timing and dosage of agricultural operations. This will enable early warning and precise pest control, enhance the scientific nature and standardization of lychee cultivation, and facilitate the high-quality development of the lychee industry.
4.Exploration of New Technologies (Satellite Remote Sensing, UAV Remote Sensing, Ground-based Sensors, and AI) in Lychee Cultivation and Quality Safety
Focusing on the specific characteristics of the lychee industry, this task will conduct research on the adaptability of cutting-edge technologies. A multi-source remote sensing collaborative monitoring system will be developed to integrate satellite remote sensing (for large-scale growth assessment), UAV remote sensing (for high-precision localized monitoring), and ground-based sensor data (for soil moisture and microclimate), thereby constructing an "integrated space-air-ground" monitoring network.
Centered around the management requirements of the entire lychee cultivation cycle, quantitative indicators will be established across dimensions such as technological maturity, cost controllability, and scenario compatibility. Through this evaluation, technology portfolios that are highly adapted to the actual geographical and climatic environments of lychee-producing areas will be selected.
5.Develop a Technology Integration Scheme of "Data-Driven Decision-Making and Closed-Loop Execution"
Hardware Layer: Utilize a multi-UAV collaborative operation system. Low-altitude UAVs capture canopy data, which is combined with satellite remote sensing data for information inference. This system will dynamically allocate key areas for flight inspections, achieving layered, "unmanned" data collection in lychee orchards.
Algorithm Layer: Through a multi-modal data fusion and analysis engine, integrate phenotypic recognition models, meteorological risk prediction models, and agricultural knowledge graphs to output decision-making recommendations, such as pest and disease control priorities and optimal timing for agricultural practices.
Application Layer: Via mobile mini-programs or apps, provide functions including visualized early warning maps, agricultural calendar reminders, online expert Q&A, and integration with agricultural input e-commerce platforms.
Mechanism Design: Formulate the Operational Specifications for Digital Lychee Cultivation (covering data collection frequency, thresholds for agricultural operations, etc.), and establish a dual-tier decision-making mechanism of "preliminary AI diagnosis + expert review and confirmation" to balance automation with manual experience.
6. Effectiveness Evaluation and Economic Cost Analysis
(1) Multi-dimensional Effectiveness Evaluation
Production Benefits Dimension: Evaluate the timeliness of pest and disease early warnings, and compare key indicators between the experimental plots and traditional planting areas, including the incidence rate of pests and diseases, the proportion of premium-quality fruits, and the per-mu cost of agricultural inputs.
Quality and Safety Dimension: Monitor data such as the over-limit rate of pesticide residues, the completeness of traceability information, and the number of consumer QR code scans for queries.
(2) Economic Cost Analysis of New Technologies in Lychee Production and Quality Safety. Conduct a comparative analysis between the demonstration plots of smart lychee orchards utilizing these new technologies and adjacent lychee planting plots that do not use the technologies.
7. Promotion and Application
Construction of Core Demonstration Areas: Select more than two (2) demonstration bases for smart lychee orchards in the main lychee-producing areas of Guangzhou and Huizhou to achieve in-depth application. The demonstration application must last for no less than six (6) months. By integrating data collected via UAVs, remote sensing, and sensors with the models and algorithms of the information system, as well as expert guidance, a standardized construction scheme for "digital orchards" will be formulated.
Basic Requirements for Smart Lychee Orchard Demonstration Bases: The planting area must be no less than 250 mu. The bases must legally establish agricultural product quality and safety management systems, produce in accordance with relevant agricultural product quality and safety standards, and maintain digital production records for agricultural products.
III.Qualification Requirements for the Consultant
1.Capability to independently bear civil liability (Must provide a copy of the Business License or the Certificate of Legal Person for Public Institutions);
2.Sound financial accounting system (Must provide audited financial reports for the past 3 years);
3.Possession of the equipment and professional technical capabilities necessary for the fulfillment of the contract (A letter of commitment providing the supporting inspection drones and essential testing equipment must be submitted);
4.Good record of tax and social security payment in accordance with the law (Must provide proof of tax payment and social security contribution for the past 3 months);
5.Good business credit and sound business performance (Must provide a statement certifying no major illegal or irregular business activities in the past 3 years, and that the applicant is not listed on the "Credit China" website as a "person subject to enforcement for dishonesty," "major tax violation entity," or "entity with serious illegal acts in government procurement").
6.Track Record: Since January 1, 2021, and up to the deadline for the submission of the Letter of Intent for this project (determined by the contract signing date), the Consultant shall have signed at least one (1) similar performance contract. Similar performance contracts refer to technical consulting service contracts involving the application of drones, remote sensing, imagery, or AI intelligent recognition in agricultural research, or service contracts for research on intelligent and standardized lychee production technologies. (The Consultant must provide copies of relevant supporting documents, including key pages of the contract that clearly indicate the contract name, scope of services, date of execution, and the signatures and official seals of both contracting parties.).
V.Staffing Requirements
Staff/Working Group | Eligibility Criteria |
Key Experts | |
Head of the Research Group (1 person) | 1.Holds a Bachelor's degree or above in remote sensing, surveying and mapping, artificial intelligence, geographic information, computer science, or related majors, and possesses a senior professional title at the associate senior level or above; 2.Has served as the Project Manager or Key Expert in at least two (2) technical consulting service projects related to this project within the past five years (since January 1, 2021). The Consultant must provide one (1) project list and supporting documents for each listed project (one set per project). Supporting documents include project contracts or certificates issued by the client/owner; 3.Has been engaged in research related to remote sensing, surveying and mapping, artificial intelligence, geographic information, or computer science for at least five (5) years (a personal resume stamped with the official seal of the employing organization must be provided). |
Head of Technical Support (1 person) | 1.Holds a Bachelor's degree or above in agriculture, environmental science, chemistry, biology, computer science, or related majors, and possesses a senior professional title at the associate senior level or above; 2.Has served as the Project Manager or Key Expert in at least two (2) technical consulting service projects related to this project within the past five years (since January 1, 2021). The Consultant must provide one (1) project list and supporting documents for each listed project (one set per project). Supporting documents include project contracts or certificates issued by the client/owner; 3.Has been engaged in research related to agriculture, environmental science, chemistry, biology, or computer science for at least five (5) years (a personal resume stamped with the official seal of the employing organization must be provided). |
Remote Sensing Technology Architecture Expert (1 person) | 1.Holds a Bachelor's degree or above in remote sensing, surveying and mapping, geographic information, or related majors, and possesses a senior professional title at the associate senior level or above; 2.Has participated in at least one (1) remote sensing technical consulting service project within the past five years (since January 1, 2021). A project list and supporting documents for the listed project (one set per project) must be provided. Supporting documents include project contracts or certificates issued by the client/owner; 3.Has been engaged in research related to remote sensing, surveying and mapping, or geographic information for at least three (3) years (a personal resume stamped with the official seal of the employing organization must be provided). |
AI Algorithm Technology R&D Expert (1 person) | 1.Holds a Bachelor's degree or above in computer science, artificial intelligence, mathematics, statistics, or related majors, and possesses a senior professional title at the associate senior level or above; 2.Has participated in at least one (1) AI algorithm technical consulting service project within the past five years (since January 1, 2021). A project list and supporting documents for the listed project (one set per project) must be provided. Supporting documents include project contracts or certificates issued by the client/owner; 3.Has been engaged in research on AI algorithm technologies for at least two (2) years (a personal resume stamped with the official seal of the employing organization must be provided). |
Lychee Expert (1 person) | 1.Holds a Bachelor's degree or above in agriculture or related majors, and possesses a senior professional title at the associate senior level or above; 2.Has participated in at least one (1) technical consulting service project related to lychee cultivation or plant protection research within the past five years (since January 1, 2021). A project list and supporting documents for the listed project (one set per project) must be provided. Supporting documents include project contracts or certificates issued by the client/owner; 3.Has been engaged in research on lychee cultivation or plant protection for at least five (5) years (a personal resume stamped with the official seal of the employing organization must be provided). |
Non-Key Expert | |
Remote Sensing AI Technology Basic Development Staff (2 persons) | 1.Holds a Bachelor's degree or above; 2.Has been engaged in remote sensing or AI technology development for at least two (2) years (a personal resume stamped with the official seal of the employing organization must be provided). |
The Consultant shall ensure that the personnel proposed in the Technical Proposal are available to participate in and complete the assigned tasks. Should it be necessary to replace any personnel, the Consultant must submit a written request at least thirty (30) days in advance. Personnel replacement may only be made upon the prior written approval of the Provincial Project Management Office (PPMO). The qualifications of the proposed replacement personnel shall be no less than those of the originally proposed personnel.
V.Deliverables, Timeline, and Management
1. Deliverables:
(1)One (1) copy of the Project SWOT Analysis Report;
(2)One (1) copy of the Standardized Construction Scheme for "Digital Orchards";
(3) One (1) copy of the Digital Lychee Cultivation Protocol. Through the summarization and refinement of research outcomes, a scientific, standardized, and operational protocol for digital lychee cultivation will be formulated to promote the enhancement of lychee quality and safety. The protocol will cover phenotypic information collection, pest and disease control, and quality control;
(4) Application Demonstration: Relevant pilot projects will be carried out in no less than two (2) planting bases to empirically verify the feasibility and effectiveness of new technologies for lychee agricultural safety, thereby providing practical recommendations for subsequent promotion and application.
(5)One (1) copy of the Project Effectiveness Evaluation and Economic Cost Analysis Report.
The research report must be provided in both Chinese and English, with six (6) printed copies of each version. An electronic version must also be submitted. None of the reports shall contain sensitive information.
All data, reports, and their associated intellectual property rights generated from the fulfillment of this consulting assignment shall be the exclusive property of the Guangdong DARA. Other research outcomes (e.g., papers, monographs, patents, software copyrights) must explicitly acknowledge the support of this project.
2.Duration
The estimated implementation period for this consulting assignment is 12 months.
Content of Deliverables | Submission Deadline | Acceptance/Confirmation Criteria |
Project SWOT Analysis Report | Within 2 months from the commencement of the consulting services | Confirmation by the PPMO |
Demonstration application | within 6 months after the completion of model development. | Confirmation organized by experts commissioned by the PPMO |
Lychee digital planting protocol | Within 1 month after the demonstration application. | Confirmation organized by experts commissioned by the PPMO |
Standardization Construction Plan for "Digital Orchards" | Within 1 month after the demonstration application. | Confirmation organized by experts commissioned by the PPMO |
Effectiveness Evaluation and Economic Cost Analysis Report | Within 1 month after the demonstration application. | Confirmation by the PPMO |
3.Supervision and Management
The consultant shall report to, and be subject to the supervision of, the Provincial Project Management Office (PPMO) and the Provincial Agricultural Safety Center.
VI. Support Provided by the PPMO
1.The PPMO and project implementation units at all levels will work closely with the consultant, designate dedicated liaison personnel, and provide necessary support, including relevant materials;
2.The consultant is expected to collaborate closely with other relevant stakeholders involved in this project.
"},{"id":"OP00466724","notice_type":"Request for Expression of Interest","noticedate":"03-Sep-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-23T00:00:00Z","submission_deadline_time":"10:00","project_ctry_name":"China","project_id":"P162178","project_name":"China Food Safety Improvement Project","bid_reference_no":"GDCS-020A","bid_description":"This project plans to engage a third-party institution tocarry out research on the construction andapplicationof an aquaculture standardization system based on integrated aerial, terrestrial, and aquaticsensing.","procurement_group":"CS","procurement_method_code":"CQS","procurement_method_name":"Consultant Qualification Selection","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":"+86-20-87590235","submission_date":"2026-09-03T00:00:00Z","notice_text":"
REOI
Country: The People's Republic of China
Project Name: IBRD Guangdong Agricultural Product Quality Safety Improvement (Demonstration) Project
Loan No.: 9213-CN
Assignment Name: Research on AI-Based Digital Standardized Aquaculture Technology Model
Contract No.: GDCS-020
Bidding No.0733-26083765
The Government of the People's Republic of China has received a loan from the International Bank for Reconstruction and Development to improve food safety management at the national and sub-national levels and to reduce food safety risks in selected value chains. The project is being implemented by the State Administration for Market Regulation, the Ministry of Agriculture and Rural Affairs, Guangdong Province, and Shandong Province (Yantai City).
As part of this project, this study proposes to conduct research on the AI-Based Digital Standardized Aquaculture Technology Model. Building upon existing development advantages and targeting the modernization of aquaculture, the study will dynamically monitor the growth status of aquatic products and implement timely interventions. This will continuously enhance quality and safety throughout the production process, ultimately establishing a standardized aquaculture system.
Under this Contract, World Bank loan funds shall be utilized to procure the services of a consulting advisor (hereinafter referred to as the "Consultant") for the sub-project on Research on AI-Based Digital Standardized Aquaculture Technology Model. The Consultant shall research and develop a standardized aquaculture system based on big data, integrate multi-source data, and comprehensively analyze aquaculture growth processes, feeding records, and early warnings for growth status, thereby achieving the digitalization of the aquaculture process. Meanwhile, based on time-series analysis and observation, the system will monitor aquaculture quality in real-time and implement timely interventions, continuously enhancing product quality and safety throughout the production process, and ultimately establishing a standardized aquaculture system.
The implementation period of this Contract is 12 months, with an estimated total input of 36 person-months. The anticipated start date for the assignment is September 2026. Please refer to the Attachment for the detailed Terms of Reference.
Guangdong Provincial Center of Agro-product Safety and Quality (Guangdong Green Food Development Center) hereby invites qualified and interested Consultants to submit proposals for consulting services. Please refer to the Terms of Reference for the main scope of work.
Selection Criteria for the Consultants' Shortlist:
1.Capability to independently bear civil liability (Must provide a copy of the Business License or the Certificate of Legal Person for Public Institutions);
2.Sound financial accounting system (Must provide audited financial reports for the past 3 years);
3.Possess the equipment and professional technical capabilities necessary for the performance of the contract (A commitment letter providing the supporting inspection drones and essential testing equipment [as specified in ] must be submitted);
4.Good record of tax and social security payment in accordance with the law (Must provide proof of tax payment and social security contribution for the past 3 months);
5.Good business credit and sound business performance (Must provide a statement certifying no major illegal or irregular business activities in the past 3 years, and that the applicant is not listed on the "Credit China" website as a "person subject to enforcement for dishonesty," "major tax violation entity," or "entity with serious illegal acts in government procurement").
6.Track Record: Within the past five years (from January 1, 2021, up to the deadline for submitting the Letter of Intent for this project, subject to the contract signing date), the Consultant shall have signed no less than one similar performance contract. A similar performance contract refers to a technical consulting service contract involving the application of drones, remote sensing imagery, or AI intelligent recognition in agricultural research, or a service contract for research on intelligent and standardized aquatic product production technology. (Applicants must submit copies of the corresponding supporting documents [as specified in ], including key pages of the contract that clearly indicate the contract title, service content, signing date, and the signatures and seals of both contracting parties).
Please note that the Consultant must provide all the supporting materials stipulated in the above "Selection Criteria for the Consultants' Shortlist," along with detailed contact information (including contact person, address, telephone number, email address, etc.). The Consultant shall solely bear the relevant responsibilities and consequences for any issues arising from incomplete submission or failure to meet the requirements.
Interested Consultants are advised to refer to the provisions regarding Conflict of Interest policy in Sections 3.14, 3.16, and 3.17, and the provisions regarding Eligibility in Sections 3.21, 3.22, 3.23, and 3.24 of the "World Bank Procurement Regulations for IPF Borrowers" (November 2020).
Consulting firms may form an association with other firms, but it must be clearly indicated whether the arrangement is in the form of a Joint Venture or Subcontracting. If the Joint Venture form is chosen, each member of the Joint Venture shall be jointly and severally liable for the entire Contract. Please note that every member of the Joint Venture must meet the requirements of the above "Selection Criteria for the Consultants' Shortlist".
The Consultant will be selected through the Consultant Qualification Selection (CQS) method as specified in the Procurement Regulations.
This Request for Expressions of Interest (REOI) is published on the "World Bank Section of China Tendering and Bidding Public Service Platform" (https://bulletin.cebpubservice.com/bank/index.html) and "China Tendering and Bidding Network" (https://www.chinabidding.cn/).
For further information, please contact the Procurement Agent during working hours from September 2nd, 2026, to September 22nd, 2026, between 9:00-11:30 AM and 1:00-5:00 PM (Beijing Time).
The number of hard copies of the Expression of Interest (including: specified supporting materials, a brief introduction of the company's basic information and business scope, and any other materials the Consultant deems necessary) shall be: one original and four copies in Chinese. Each copy must be perfect bound. In addition, the Consultant shall submit an electronic version separately on a USB flash drive at the same time as the submission of the Expression of Interest. The USB flash drive must be labeled with the Contract Number and the full name of the Consultant. The USB flash drive shall be sealed together with the original Expression of Interest.
Deadline and Address for Submission of Expressions of Interest:
Deadline for submission: 10:00 AM (Beijing Time) on September 23rd, 2026;
Address: Bid Opening Room, 6th Floor, Guangren Building, No. 1 Guangren Road, Yuexiu District, Guangzhou, Guangdong Province.
Client: Guangdong Provincial Center of Agro-product Safety and Quality (Guangdong Green Food Development Center)
Contact Person: Ms. Wu
Address: No. 135, Xianlie East Road, Tianhe District, Guangzhou, Guangdong Province
Postal Code: 510230
Tel: +86-20-87590235
E-mail: mailto:nynct_ncpzx_zhangsh@gd.gov.cn
Procurement Agent: CITIC International Tendering Co., Ltd.
Contact Person: Ms. Guo, Mr. Zhang
Address: Room 1811, 18/F, Tower 59, No. 59 Dongsanhuan Middle Road, Chaoyang District, Beijing
Postal Code: 100022
Tel: +86-10-87945198-503/504
E-mail: mailto:guoying@ck.citic.com; mailto:zhangfan@ck.citic.com
Attachment: TOR for the Consulting Advisor's Work on Research of AI-Based Digital Standardized Aquaculture Technology Model (Contract No.: GDCS-020) under the IBRD Guangdong Agricultural Product Quality Safety Improvement (Demonstration) Project
TOR for the Consulting Advisor's Work on Research of AI-Based Digital Standardized Aquaculture Technology Model (Contract No.: GDCS-020) under the IBRD Guangdong Agricultural Product Quality Safety Improvement (Demonstration) Project
To facilitate the organization and implementation of the agricultural product quality and safety research under the IBRD Guangdong Agricultural Product Quality Safety Improvement (Demonstration) Project (hereinafter referred to as the "World Bank Loan Project"), and to ensure the successful completion of the project in accordance with its objectives and schedule, the Guangdong Center for Agricultural Product Quality and Safety (Guangdong Green Food Development Center) intends to hire a consulting advisor to conduct research on the AI-based digital standardized aquaculture technology model.
I.Background
As a vital component of China's agricultural economy, the aquaculture industry is a key sector for ensuring food security and optimizing dietary structures. With the continuous upgrading of consumer demands for aquatic product quality and increasingly stringent ecological and environmental protection policies, the traditional extensive aquaculture model can no longer meet the requirements of high-quality development. Particularly in terms of quality and safety supervision, aquaculture still faces prominent challenges, such as opaque production processes, delayed risk early warnings, and difficulties in tracing key indicators.
Due to its unique industrial characteristics, aquaculture still exhibits significant shortcomings in digital supervision practices. On the one hand, the dynamic and ever-changing aquatic environment involves multi-dimensional spatial interactions across the upper atmosphere, surface water bodies, and underwater ecosystems, making it difficult for traditional single monitoring methods to achieve full-scenario coverage. On the other hand, aquatic activities are characterized by concealment and suddenness. Traditional monitoring methods suffer from limited scope, untimely information acquisition, difficulty in identifying hidden behaviors, insufficient data accuracy, and high labor costs. These issues make the establishment of a standardized aquaculture system an urgent priority.
The core of this research lies in utilizing modern information technologies to achieve intelligent management of agricultural product quality and safety. Traditional production monitoring methods still face issues such as incomplete information collection and delayed responses to risk early warnings. To better address these challenges and further promote the digitalization of agricultural product quality and safety supervision, there is an urgent need to rely on modern information technologies—including AI, big data, IoT sensors, and cloud computing—to continuously improve the regulatory system. This is particularly crucial for process supervision and quality traceability in aquaculture, aiming to achieve full-chain safety management from production to distribution. This will not only help enhance the market competitiveness of agricultural products but also lay a solid foundation for the sustainable development of agricultural product quality and safety.
II.Objectives and Tasks
(I) Objectives
To address the current issues in aquaculture, including restricted information collection, delayed acquisition of key indicators, and the difficulty of tracing growth processes that lead to insufficient quality and safety, this project proposes to carry out the Development of an AI-Based Standardized Aquaculture System. Building upon existing development advantages and targeting the modernization of aquaculture, the project will dynamically monitor the growth status of aquatic products and implement timely interventions. This will continuously enhance product quality and safety throughout the production process, ultimately establishing a standardized aquaculture system.
(II) Specific Tasks
This research utilizes integrated space-air-ground intelligent technology, combined with remote sensing meteorological inversion, to accurately forecast key meteorological factors for the next 7 to 15 days, providing data support for large-scale cowpea planting management. By leveraging deep visual technology and crop growth prediction models, the study forecasts cowpea growth trends and establishes a pest and disease risk early-warning system. This enables precise fertilizer and pesticide application, promoting green and precision pest control. Furthermore, demonstration sites will be set up to host technical observation and training sessions, ultimately driving the safe, green, and sustainable development of cowpea production.
1.SWOT Analysis
Summarize the current application status and existing challenges of new technologies, including satellite remote sensing, UAV remote sensing, ground sensors, and AI, in aquaculture production. Taking into account the actual conditions of the aquaculture production areas in the project pilot city, and considering multiple factors such as policy, economy, society, and technology, identify specific areas for investigation and evaluation. Examples include cost-benefit analysis, user acceptance surveys, and technical reliability testing. Meanwhile, ensure that the analysis provides a solid basis for subsequent strategy formulation.
2.Development of Intelligent Recognition Algorithms for Aquaculture Status Based on Low-Altitude Sensing Technology
Utilize drones to capture high-definition images or videos near automatic feeders. Combined with deep learning technology, accurately analyze aquatic product density, feeding behavior, health status, and pathological characteristics. The study will precisely extract the intrinsic correlations between image features and aquaculture status, effectively addressing the issues of untimely and imprecise perception in traditional monitoring methods. This will significantly enhance the timeliness and accuracy of aquaculture status monitoring, providing robust algorithmic support for the intelligent management of aquaculture.
3. Development of a Big Data-Driven Standardized Digital Aquaculture Management System
Integrate multi-source data to comprehensively analyze aquaculture growth processes, feeding records, and growth status early warnings, thereby achieving the digitalization of the aquaculture process. Meanwhile, based on time-series analysis and observation, monitor aquatic product quality in real-time and implement timely interventions to continuously provide quality and safety recommendations throughout the production process. Comprehensively map the complex relationships among the water environment, meteorological conditions, biological status, and aquaculture farming operations to establish a standardized digital aquaculture system. This will realize full-process digital and information-based management of aquaculture, thoroughly resolving industry pain points such as unsmooth information flow and untimely farming operations. Ultimately, it will ensure the quality and safety of aquatic products across the entire chain from source to terminal, driving the high-quality development of the aquaculture industry.
4.Exploration and Screening of New Technologies
Develop aquaculture status recognition algorithms that integrate remote sensing with low-altitude sensing. The remote sensing analysis will utilize drones to dynamically and automatically capture high-definition images or videos near automatic feeders. Combined with remote sensing technologies for aquaculture environment analysis, the system will accurately analyze aquatic product density, feeding behavior, health status, and pathological characteristics, thereby achieving refined aquaculture status recognition.
Screening Criteria: Focusing on core indicators such as technological maturity, cost-effectiveness, and environmental adaptability, the optimal technology portfolio will be determined through laboratory simulations and pilot validations.
5.Development of an Integrated "Space-Air-Ground-Water" Technical System
Hardware Layer: Deploy a satellite remote sensing monitoring network, UAV inspection systems, and IoT water quality sensors to achieve full-dimensional dynamic tracking and identification of aquatic product status and the environment in the production areas.
Platform Layer: Utilize an aquaculture big data cloud platform to integrate a multi-source data fusion engine, AI analysis modules (such as density recognition and disease prediction), and a visual decision-making dashboard, supporting synchronized access via both PC and mobile clients.
Application Layer: Implement an intelligent decision-making system. Based on inversion models and growth prediction algorithms, it will automatically generate agronomic recommendations such as feeding amounts and water replacement cycles, and push them to farmers via mobile apps or mini-programs.
6. Effectiveness Evaluation and Promotion & Application
Multi-dimensional Evaluation: Quantify evaluation indicators such as the water quality compliance rate and disease incidence rate. Select two typical aquaculture demonstration sites in the Pearl River Delta to conduct application demonstrations. Verify the technological effectiveness through comparative trials, thereby providing a complete technical solution for the Guangdong Aquatic Product Quality and Safety Enhancement initiative. This will strongly drive the digital transformation and high-quality development of the aquaculture industry, demonstrating robust competitiveness and development potential in the era of the digital economy.
Basic Requirements for Aquaculture Demonstration Bases: The pond aquaculture area must be no less than 200 mu. Bases must establish an agricultural product quality and safety management system in accordance with the law, produce in compliance with relevant agricultural product quality and safety standards, and maintain digitalized production records for agricultural products.
III.Qualification Requirements for the Consultant
1.Capability to independently bear civil liability (Must provide a copy of the Business License or the Certificate of Legal Person for Public Institutions);
2.Sound financial accounting system (Must provide audited financial reports for the past 3 years);
3.Possess the equipment and professional technical capabilities necessary for the performance of the contract (A commitment letter providing the supporting inspection drones and essential testing equipment [as specified in ] must be submitted);
4.Good record of tax and social security payment in accordance with the law (Must provide proof of tax payment and social security contribution for the past 3 months);
5.Good business credit and sound business performance (Must provide a statement certifying no major illegal or irregular business activities in the past 3 years, and that the applicant is not listed on the "Credit China" website as a "person subject to enforcement for dishonesty," "major tax violation entity," or "entity with serious illegal acts in government procurement").
6.Track Record: Within the past five years (from January 1, 2021, up to the deadline for submitting the Letter of Intent for this project, subject to the contract signing date), the Consultant shall have signed no less than one similar performance contract. A similar performance contract refers to a technical consulting service contract involving the application of drones, remote sensing imagery, or AI intelligent recognition in agricultural research, or a service contract for research on intelligent and standardized aquatic product production technology. (Applicants must submit copies of the corresponding supporting documents [as specified in ], including key pages of the contract that clearly indicate the contract title, service content, signing date, and the signatures and seals of both contracting parties).
V.Staffing Requirements
Staff/Working Group | Eligibility Criteria |
Key Experts | |
Head of the Research Group (1 person) | 1.Holds a Bachelor's degree or above in remote sensing, surveying and mapping, artificial intelligence, geographic information, computer science, or related majors, and possesses a senior professional title at the associate senior level or above; 2.Has served as the Project Manager or Key Expert in at least two (2) technical consulting service projects related to this project within the past five years (since January 1, 2021). The Consultant must provide one (1) project list and supporting documents for each listed project (one set per project). Supporting documents include project contracts or certificates issued by the client/owner; 3.Has been engaged in research related to remote sensing, surveying and mapping, artificial intelligence, geographic information, or computer science for at least five (5) years (a personal resume stamped with the official seal of the employing organization must be provided). |
Head of Technical Support (1 person) | 1.Hold a Bachelor's degree or above in a relevant major such as aquaculture, environmental science, chemistry, biology, or computer science, and possess a professional title of Associate Senior level or above. 2.Have participated as a Project Manager or Key Expert in at least two technical consulting service projects related to this project within the past five years (since January 1, 2021). Applicants must submit a project list and supporting documents for each listed project (one document per project). Supporting documents must include the project contract or a certificate issued by the client. 3.Have at least 5 years of relevant experience in aquaculture, environmental science, chemistry, biology, or computer science (a personal resume stamped with the official seal of the employer is required). |
Remote Sensing Technology Architecture Expert (1 person) | 1.Holds a Bachelor's degree or above in remote sensing, surveying and mapping, geographic information, or related majors, and possesses a senior professional title at the associate senior level or above; 2.Has participated in at least one (1) remote sensing technical consulting service project within the past five years (since January 1, 2021). A project list and supporting documents for the listed project (one set per project) must be provided. Supporting documents include project contracts or certificates issued by the client/owner; 3.Has been engaged in research related to remote sensing, surveying and mapping, or geographic information for at least three (3) years (a personal resume stamped with the official seal of the employing organization must be provided). |
AI Algorithm Technology R&D Expert (1 person) | 1.Holds a Bachelor's degree or above in computer science, artificial intelligence, mathematics, statistics, or related majors, and possesses a senior professional title at the associate senior level or above; 2.Has participated in at least one (1) AI algorithm technical consulting service project within the past five years (since January 1, 2021). A project list and supporting documents for the listed project (one set per project) must be provided. Supporting documents include project contracts or certificates issued by the client/owner; 3.Has been engaged in research on AI algorithm technologies for at least two (2) years (a personal resume stamped with the official seal of the employing organization must be provided). |
Aquaculture Expert (1 person) | 1.Hold a Bachelor's degree or above in a relevant major such as aquaculture or aquatic biology, and possess a professional title of Associate Senior level or above. 2.Have at least 5 years of experience in aquaculture research (a personal resume stamped with the official seal of the employer is required). |
Non-Key Expert | |
Remote Sensing AI Technology Basic Development Staff (2 persons) | 1.Holds a Bachelor's degree or above; 2.Has been engaged in remote sensing or AI technology development for at least two (2) years (a personal resume stamped with the official seal of the employing organization must be provided). |
Information Technology Developer (1 Personnel) | 1.Hold a Bachelor's degree or above; 2.Possess the R&D capabilities for digital and information systems (a personal resume stamped with the official seal of the employer is required). |
Survey and Analysis Personnel (1 Personnel) | 1.Hold a Bachelor's degree or above in a relevant major such as aquaculture or aquatic biology; 2.Be familiar with the aquaculture situation in Guangdong Province (a personal resume stamped with the official seal of the employer is required). |
The Consultant shall ensure that the personnel nominated in the technical proposal are available to undertake and complete the assigned tasks. No changes to the personnel shall be made without the prior written approval of the Provincial Project Office.
V.Deliverables, Timeline, and Management
1. Deliverables:
(1)One (1) copy of the Project SWOT Analysis Report;
(2)One (1) complete set of Intelligent Recognition Algorithms for Aquaculture Status Based on Low-Altitude Sensing Technology, including related algorithm design documentation (such as the sensing technical solution, data preprocessing workflow, core algorithm architecture, and performance evaluation metrics), technical validation reports, and outcome demonstrations.
(3) One (1) complete set of Digital Aquaculture Management Protocols. Based on the summarization and refinement of research outcomes, a scientific, standardized, and practical protocol for digital aquaculture management will be formulated.
(4) Conduct application demonstrations at two typical aquaculture demonstration sites in the Pearl River Delta.
(5)One copy of the Project Effectiveness Evaluation and Economic Cost Analysis Report.
Reporting and Intellectual Property Requirements:
All research reports shall be provided in both Chinese and English, with 6 printed copies of each language, as well as electronic versions. All reports must not contain any sensitive information.
The ownership of data, reports, and related intellectual property rights generated from the fulfillment of this consulting assignment shall belong to Guangdong DARA. Other outcomes (e.g., papers, monographs, patents, software copyrights) must explicitly acknowledge support from this project.
2.Duration
The estimated implementation period for this consulting assignment is 12 months.
Content of Deliverables | Submission Deadline | Acceptance/Confirmation Criteria |
Project SWOT Analysis Report | Within 1 month from the commencement of the consulting services | Confirmation by the PPMO |
Intelligent Recognition Algorithm for Aquaculture Status Based on Low-Altitude Sensing Technology | Within 6 months from the commencement of the consulting services | Confirmation organized by experts commissioned by the PPMO |
Promotional Video | Within 1 month after the completion of model development. | Confirmation organized by experts commissioned by the PPMO |
Demonstration Application | Within 6 months after the completion of model development. | Confirmation organized by experts commissioned by the PPMO |
Digital Aquaculture Management Protocol | Within 1 month after the demonstration application. | Confirmation organized by experts commissioned by the PPMO |
Effectiveness Evaluation and Economic Cost Analysis Report | Within 2 months after the demonstration application. | Confirmation by the PPMO |
3.Supervision and Management
The consultant shall report to, and be subject to the supervision of, the Provincial Project Management Office (PPMO) and the Provincial Agricultural Safety Center.
VI. Support Provided by the PPMO
1.The PPMO and project implementation units at all levels will work closely with the consultant, designate dedicated liaison personnel, and provide necessary support, including relevant materials;
2.The consultant is expected to collaborate closely with other relevant stakeholders involved in this project.
"},{"id":"OP00466703","notice_type":"Request for Expression of Interest","noticedate":"03-Sep-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-22T00:00:00Z","submission_deadline_time":"10:00","project_ctry_name":"China","project_id":"P162178","project_name":"China Food Safety Improvement Project","bid_reference_no":"GDCS-019AA","bid_description":"Hire a third-partyinstitution to conduct research on thequality and safety of cowpeas.","procurement_group":"CS","procurement_method_code":"CQS","procurement_method_name":"Consultant Qualification Selection","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":"+86-20-87590235","submission_date":"2026-09-03T00:00:00Z","notice_text":"
REOI
Country: The People's Republic of China
Project Name: IBRD Guangdong Agricultural Product Quality Safety Improvement (Demonstration) Project
Loan No.: 9213-CN
Assignment Name: Research on AI-Empowered Green Pest Control Technology for Cowpea
Contract No.: GDCS-019
Bidding No.0733-26083763
The Government of the People's Republic of China has received a loan from the International Bank for Reconstruction and Development to improve food safety management at the national and sub-national levels and to reduce food safety risks in selected value chains. The project is being implemented by the State Administration for Market Regulation, the Ministry of Agriculture and Rural Affairs, Guangdong Province, and Shandong Province (Yantai City).
As part of this project, this study utilizes integrated space-air-ground intelligent technology, combined with remote sensing meteorological inversion, to accurately forecast key meteorological factors for the next 7 to 15 days, providing data support for large-scale cowpea planting management. By leveraging deep visual technology and crop growth prediction models, the study forecasts cowpea growth trends and establishes a pest and disease risk early-warning system. This enables precise fertilizer and pesticide application, promoting green and precision pest control. Furthermore, demonstration sites will be set up to host technical observation and training sessions, ultimately driving the safe, green, and sustainable development of cowpea production.
Under this Contract, World Bank loan funds shall be utilized to procure the services of a consulting advisor (hereinafter referred to as the "Consultant") for the sub-project on Research on AI-Empowered Green Pest Control Technology for Cowpea. The Consultant shall research and develop an integrated agricultural cultivation and management service model for cowpea production, covering pre-risk early warning, in-process risk control, and post-risk resolution, thereby standardizing the full-chain safe production management process "from farm to table." Based on the actual requirements for the sustainable development of cowpea production, cultivation management processes, and product standards, the Consultant shall establish a green pest control technology model that is adaptable to practical production and suitable for widespread promotion.
The implementation period of this Contract is 12 months, with an estimated total input of 36 person-months. The anticipated start date for the assignment is September 2026. Please refer to the Attachment for the detailed Terms of Reference.
Guangdong Provincial Center of Agro-product Safety and Quality (Guangdong Green Food Development Center) hereby invites qualified and interested Consultants to submit proposals for consulting services. Please refer to the Terms of Reference for the main scope of work.
Selection Criteria for the Consultants' Shortlist:
1.Capability to independently bear civil liability (Must provide a copy of the Business License or the Certificate of Legal Person for Public Institutions);
2.Sound financial accounting system (Must provide audited financial reports for the past 3 years);
3.Possess the equipment and professional technical capabilities necessary for the performance of the contract (A commitment letter providing the supporting inspection drones and essential testing equipment [as specified in ] must be submitted);
4.Good record of tax and social security payment in accordance with the law (Must provide proof of tax payment and social security contribution for the past 3 months);
5.Good business credit and sound business performance (Must provide a statement certifying no major illegal or irregular business activities in the past 3 years, and that the applicant is not listed on the "Credit China" website as a "person subject to enforcement for dishonesty," "major tax violation entity," or "entity with serious illegal acts in government procurement").
6.Track Record: Within the past five years (from January 1, 2021, up to the deadline for submitting the Letter of Intent for this project, subject to the contract signing date), the Consultant shall have signed no less than one similar performance contract. A similar performance contract refers to a technical consulting service contract involving the application of drones, remote sensing imagery, or AI intelligent recognition in agricultural research, or a service contract for research on intelligent and standardized cowpea production technology. (Applicants must submit copies of the corresponding supporting documents [as specified in ], including key pages of the contract that clearly indicate the contract title, service content, signing date, and the signatures and seals of both contracting parties).
Please note that the Consultant must provide all the supporting materials stipulated in the above "Selection Criteria for the Consultants' Shortlist," along with detailed contact information (including contact person, address, telephone number, email address, etc.). The Consultant shall solely bear the relevant responsibilities and consequences for any issues arising from incomplete submission or failure to meet the requirements.
Interested Consultants are advised to refer to the provisions regarding Conflict of Interest policy in Sections 3.14, 3.16, and 3.17, and the provisions regarding Eligibility in Sections 3.21, 3.22, 3.23, and 3.24 of the "World Bank Procurement Regulations for IPF Borrowers" (November 2020).
Consulting firms may form an association with other firms, but it must be clearly indicated whether the arrangement is in the form of a Joint Venture or Subcontracting. If the Joint Venture form is chosen, each member of the Joint Venture shall be jointly and severally liable for the entire Contract. Please note that every member of the Joint Venture must meet the requirements of the above "Selection Criteria for the Consultants' Shortlist".
The Consultant will be selected through the Consultant Qualification Selection (CQS) method as specified in the Procurement Regulations.
This Request for Expressions of Interest (REOI) is published on the "World Bank Section of China Tendering and Bidding Public Service Platform" (https://bulletin.cebpubservice.com/bank/index.html) and "China Tendering and Bidding Network" (https://www.chinabidding.cn/).
For further information, please contact the Procurement Agent during working hours from September 2nd, 2026, to September 21st, 2026, between 9:00-11:30 AM and 1:00-5:00 PM (Beijing Time).
The number of hard copies of the Expression of Interest (including: specified supporting materials, a brief introduction of the company's basic information and business scope, and any other materials the Consultant deems necessary) shall be: one original and four copies in Chinese. Each copy must be perfect bound. In addition, the Consultant shall submit an electronic version separately on a USB flash drive at the same time as the submission of the Expression of Interest. The USB flash drive must be labeled with the Contract Number and the full name of the Consultant. The USB flash drive shall be sealed together with the original Expression of Interest.
Deadline and Address for Submission of Expressions of Interest:
Deadline for submission: 10:00 AM (Beijing Time) on September 22nd, 2026;
Address: Bid Opening Room, 6th Floor, Guangren Building, No. 1 Guangren Road, Yuexiu District, Guangzhou, Guangdong Province.
Client: Guangdong Provincial Center of Agro-product Safety and Quality (Guangdong Green Food Development Center)
Contact Person: Ms. Wu
Address: No. 135, Xianlie East Road, Tianhe District, Guangzhou, Guangdong Province
Postal Code: 510230
Tel: +86-20-87590235
E-mail: mailto:nynct_ncpzx_zhangsh@gd.gov.cn
Procurement Agent: CITIC International Tendering Co., Ltd.
Contact Person: Ms. Guo, Mr. Zhang
Address: Room 1811, 18/F, Tower 59, No. 59 Dongsanhuan Middle Road, Chaoyang District, Beijing
Postal Code: 100022
Tel: +86-10-87945198-503/504
E-mail: mailto:guoying@ck.citic.com; mailto:zhangfan@ck.citic.com
Attachment: TOR for the Consulting Advisor's Work on Research of AI-Empowered Green Pest Control Technology for Cowpea (Contract No.: GDCS-019) under the IBRD Guangdong Agricultural Product Quality Safety Improvement (Demonstration) Project
TOR for the Consulting Advisor's Work on Research of AI-Empowered Green Pest Control Technology for Cowpea (Contract No.: GDCS-019) under the IBRD Guangdong Agricultural Product Quality Safety Improvement (Demonstration) Project
To facilitate the organization and implementation of the agricultural product quality and safety research under the IBRD Guangdong Agricultural Product Quality Safety Improvement (Demonstration) Project (hereinafter referred to as the "World Bank Loan Project"), and to ensure the successful completion of the project in accordance with its objectives and schedule, the Guangdong Center for Agricultural Product Quality and Safety (Guangdong Green Food Development Center) intends to hire a consulting advisor to conduct research on AI-empowered green pest control technology for cowpea.
I.Background
Cowpea is a major vegetable crop; however, pests such as thrips are particularly difficult to control during its cultivation. These pests can cause severe damage, including blackened heads and tails, insect holes, pod wrapping, and pod rot. Unscientific and non-standard pest control measures can easily lead to safety hazards, making cowpea pesticide residue a key focus of monitoring.
Traditional control methods for thrips heavily rely on pesticide spraying. However, the outer layer of cowpea flowers is tightly closed, while the inner layer is pouch-like, providing a natural "shelter" for thrips. No matter how the pesticides are sprayed, it is difficult to completely eliminate the pests hidden inside the flowers, failing to achieve ideal control results. Furthermore, irregular use of pesticides increases the risk of residue. Thrips are most active at temperatures of around 25°C, with peak activity typically occurring between 10:00 AM and 12:00 PM. Their population dynamics and occurrence across different cowpea growth stages are closely related to climatic conditions.
Traditional production monitoring methods still face issues such as incomplete information collection and delayed responses to risk early warnings. To better address these challenges and further promote the digitalization of agricultural product quality and safety supervision, there is an urgent need to rely on modern information technologies—such as AI, drones, IoT sensors, and cloud computing—to monitor the cowpea cultivation process and enable quality traceability, thereby achieving full-chain safety management from production to distribution.
II.Objectives and Tasks
(I) Objectives
1.Guided by the goal of enhancing food safety, accurately predict key meteorological factors and other variables during the cowpea cultivation process to provide data support for large-scale cowpea planting management, thereby effectively boosting the efficiency of high-quality agricultural development.
2.Research and develop an integrated agricultural cultivation and management service model for cowpea production that covers pre-risk early warning, in-process risk control, and post-risk resolution, standardizing the full-chain safe production management process "from farm to table." Based on the actual requirements for the sustainable development of cowpea production, cultivation management processes, and product standards, establish a green pest control technology model that is adaptable to practical production and suitable for widespread promotion.
(II) Specific Tasks
This research utilizes integrated space-air-ground intelligent technology, combined with remote sensing meteorological inversion, to accurately forecast key meteorological factors for the next 7 to 15 days, providing data support for large-scale cowpea planting management. By leveraging deep visual technology and crop growth prediction models, the study forecasts cowpea growth trends and establishes a pest and disease risk early-warning system. This enables precise fertilizer and pesticide application, promoting green and precision pest control. Furthermore, demonstration sites will be set up to host technical observation and training sessions, ultimately driving the safe, green, and sustainable development of cowpea production.
1.SWOT Analysis
Summarize the current application status and existing challenges of new technologies in cowpea production, including satellite remote sensing, UAV remote sensing, ground sensors, and AI. Taking into account the actual conditions of domestic cowpea-producing regions, and considering multiple factors such as policy, economy, society, and technology, identify specific areas for investigation and evaluation. Examples include cost-benefit analysis, user acceptance surveys, and technical reliability testing. Meanwhile, ensure that the analysis provides a solid basis for subsequent strategy formulation.
2.Development of a "Low-Altitude + Meteorological + Sensor" Early Warning Model for Cowpea Growth and Pest/Disease Risks
Develop an information model for cowpea growth anomalies by modeling the nonlinear relationships between various meteorological factors and crop growth status across different growth stages. Based on high-resolution agricultural meteorological data from satellite remote sensing, and combined with ground sensor data monitoring temperature, humidity, light, rainfall, and soil moisture, quantitatively analyze and predict the risks to cowpea growth caused by abnormal climatic conditions—such as drought, low temperatures, and high temperatures—over large-scale planting areas for the next 7 to 15 days.
Furthermore, as thrips are currently the primary pest threatening cowpeas, with an optimal activity temperature of approximately 25°C and specific occurrence patterns across different growth stages, a quantitative database for crop pest and disease risks will be established. This involves modeling the risk probability of pest and disease proliferation based on different cowpea phenotypes under varying meteorological conditions. Integrated with large-scale crop growth stage estimation technology, this system will analyze the occurrence probability of major pests and diseases, such as thrips, thereby enabling proactive prevention.
3. Research and Application of Intelligent Crop Monitoring and Precision Fertilizer & Pesticide Management Technologies for Cowpea Cultivation
Based on the application research of systems including precision agricultural meteorological forecasts, crop growth estimation models, and risk early-warning models, this task aims to develop and demonstrate a precision pesticide application technology system integrating pest monitoring with fertigation (water and fertilizer integration). The study will apply efficient UAV-based pest monitoring technology to achieve early detection of pests and diseases, and conduct research on adjusting water and fertilizer agronomic practices and pesticide management based on the risk early-warning models. Demonstration bases will be established to continuously track and monitor the effectiveness of pest control and eradication through technology integration. The study will evaluate the pesticide reduction effects and cowpea compliance rates, and formulate standard operating procedures (SOPs) for precision management in cowpea production.
4.Exploring Adaptable Technologies and Establishing Screening Mechanisms Centered on Core Green Pest Control Issues for Cowpea
Intelligent Pest Monitoring Technology: Develop an intelligent pest monitoring system combining trapping with AI image recognition. This system is based on a deep vision pest identification system and integrates trapping data from yellow and blue sticky boards and sex pheromone lures with meteorological models. It will dynamically predict pest population density and optimize pesticide application windows.
Multi-source Integrated Pest Management (IPM): Screen for highly efficient natural enemy resources and establish a synergistic pest control model integrating "physical + chemical + biological" methods. Dynamically trigger differentiated, balanced pest control prescriptions to build an optimal closed-loop control model for pest and disease monitoring.
Screening of Precision Fertilizer and Pesticide Control Technologies: Establish a screening mechanism based on the criteria of environmental friendliness, economic feasibility, and operational convenience. Combined with the adjustment of water and fertilizer agronomic practices and pesticide management based on risk early-warning models, this will quantitatively evaluate the pesticide reduction effects and cowpea compliance rates.
5.Development of an Integrated Technical Scheme for "Monitoring - Early Warning - Control - Feedback"
Perception Layer: Utilizing a three-dimensional monitoring network composed of satellite remote sensing data analysis, UAV inspection data collection, and IoT sensors, the system will push real-time pest control recommendations via mobile apps or mini-programs.
Decision-Making Layer: Output dynamic pest control thresholds through a multi-factor coupled early-warning model integrating "cowpea growth stages, meteorology, and pests/diseases." Build an agronomic decision-making engine driven by an expert knowledge base to automatically generate parameterized solutions, such as pesticide mixing concentrations and UAV flight altitudes.
Interactive Feedback Layer: Through a mobile mini-program, provide three core functions: risk early-warning push notifications, an AI diagnostic assistant, and blockchain-based authentication for agricultural operation records.
6. Effectiveness Evaluation and Economic Cost Analysis
(1) Multi-dimensional Effectiveness Evaluation
Ecological Benefits: Monitor the reduction rate of chemical pesticides, the survival rate of natural enemy insects, and changes in soil organic matter content.
Quality and Safety: Compare the pesticide residue compliance rate, commercial fruit rate, and traceability information completeness between demonstration fields and conventional planting areas.
Economic Benefits: Calculate the per-mu income increase (premium for high-quality fruits + savings on agricultural inputs) and the reduction in labor costs.
Technical Adaptability: Conduct regional verification in major producing areas to analyze the technological adaptability across different climatic zones.
(2) Economic Cost Analysis of New Technologies in Cowpea Production and Quality Safety. Conduct a comparative analysis between cowpea planting plots within or near the demonstration bases that utilize the new technology and conventional plots that do not.
7. Promotion and Application
Technology Validation Phase: Establish two core demonstration bases in the main cowpea-producing areas of the project pilot city. These bases will be equipped with UAVs, IoT sensors, and intelligent pest monitoring and forecasting equipment. Comparative trials of "AI-based Pest Control vs. Traditional Pest Control" will be conducted. Additionally, an AI Technology Operation Manual for Green Pest Control in Cowpea will be compiled, and training courses covering scenarios such as pest identification and equipment operation will be developed.
Basic Requirements for Cowpea Planting Demonstration Bases: The open-field planting area must be no less than 10 mu. Bases must establish an agricultural product quality and safety management system in accordance with the law, produce in compliance with relevant agricultural product quality and safety standards, and maintain digitalized production records for agricultural products.
Model Replication Phase: Utilize a mini-program to integrate functions such as meteorological early warning, a technical video library, and agricultural e-commerce. In collaboration with agricultural cooperatives, promote the "Technology Entrustment" service model, where professional teams provide full-process AI monitoring and pest control execution.
III.Qualification Requirements for the Consultant
1.Capability to independently bear civil liability (Must provide a copy of the Business License or the Certificate of Legal Person for Public Institutions);
2.Sound financial accounting system (Must provide audited financial reports for the past 3 years);
3.Possess the equipment and professional technical capabilities necessary for the performance of the contract (A commitment letter providing the supporting inspection drones and essential testing equipment [as specified in ] must be submitted);
4.Good record of tax and social security payment in accordance with the law (Must provide proof of tax payment and social security contribution for the past 3 months);
5.Good business credit and sound business performance (Must provide a statement certifying no major illegal or irregular business activities in the past 3 years, and that the applicant is not listed on the "Credit China" website as a "person subject to enforcement for dishonesty," "major tax violation entity," or "entity with serious illegal acts in government procurement").
6.Track Record: Within the past five years (from January 1, 2021, up to the deadline for submitting the Letter of Intent for this project, subject to the contract signing date), the Consultant shall have signed no less than one similar performance contract. A similar performance contract refers to a technical consulting service contract involving the application of drones, remote sensing imagery, or AI intelligent recognition in agricultural research, or a service contract for research on intelligent and standardized cowpea production technology. (Applicants must submit copies of the corresponding supporting documents [as specified in ], including key pages of the contract that clearly indicate the contract title, service content, signing date, and the signatures and seals of both contracting parties).
V.Staffing Requirements
Staff/Working Group | Eligibility Criteria |
Key Experts | |
Head of the Research Group (1 person) | 1.Holds a Bachelor's degree or above in remote sensing, surveying and mapping, artificial intelligence, geographic information, computer science, or related majors, and possesses a senior professional title at the associate senior level or above; 2.Has served as the Project Manager or Key Expert in at least two (2) technical consulting service projects related to this project within the past five years (since January 1, 2021). The Consultant must provide one (1) project list and supporting documents for each listed project (one set per project). Supporting documents include project contracts or certificates issued by the client/owner; 3.Has been engaged in research related to remote sensing, surveying and mapping, artificial intelligence, geographic information, or computer science for at least five (5) years (a personal resume stamped with the official seal of the employing organization must be provided). |
Head of Technical Support (1 person) | 1.Holds a Bachelor's degree or above in agriculture, environmental science, chemistry, biology, computer science, or related majors, and possesses a senior professional title at the associate senior level or above; 2.Has served as the Project Manager or Key Expert in at least two (2) technical consulting service projects related to this project within the past five years (since January 1, 2021). The Consultant must provide one (1) project list and supporting documents for each listed project (one set per project). Supporting documents include project contracts or certificates issued by the client/owner; 3.Has been engaged in research related to agriculture, environmental science, chemistry, biology, or computer science for at least five (5) years (a personal resume stamped with the official seal of the employing organization must be provided). |
Remote Sensing Technology Architecture Expert (1 person) | 1.Holds a Bachelor's degree or above in remote sensing, surveying and mapping, geographic information, or related majors, and possesses a senior professional title at the associate senior level or above; 2.Has participated in at least one (1) remote sensing technical consulting service project within the past five years (since January 1, 2021). A project list and supporting documents for the listed project (one set per project) must be provided. Supporting documents include project contracts or certificates issued by the client/owner; 3.Has been engaged in research related to remote sensing, surveying and mapping, or geographic information for at least three (3) years (a personal resume stamped with the official seal of the employing organization must be provided). |
AI Algorithm Technology R&D Expert (1 person) | 1.Holds a Bachelor's degree or above in computer science, artificial intelligence, mathematics, statistics, or related majors, and possesses a senior professional title at the associate senior level or above; 2.Has participated in at least one (1) AI algorithm technical consulting service project within the past five years (since January 1, 2021). A project list and supporting documents for the listed project (one set per project) must be provided. Supporting documents include project contracts or certificates issued by the client/owner; 3.Has been engaged in research on AI algorithm technologies for at least two (2) years (a personal resume stamped with the official seal of the employing organization must be provided). |
Cowpea Expert (1 person) | 1.Hold a Bachelor's degree or above in an agriculture-related major, and possess a professional title of Associate Senior level or above. 2.Have participated in at least one technical consulting service project related to cowpea cultivation or plant protection research within the past five years (since January 1, 2021). Applicants must submit a project list and supporting documents for each listed project (one document per project). Supporting documents must include the project contract or a certificate issued by the client. 3.Have at least 5 years of experience in cowpea cultivation or plant protection research (a personal resume stamped with the official seal of the employer is required). |
Non-Key Expert | |
Remote Sensing AI Technology Basic Development Staff (2 persons) | 1.Holds a Bachelor's degree or above; 2.Has been engaged in remote sensing or AI technology development for at least two (2) years (a personal resume stamped with the official seal of the employing organization must be provided). |
The Consultant shall ensure that the personnel proposed in the Technical Proposal are available to participate in and complete the assigned tasks. Should it be necessary to replace any personnel, the Consultant must submit a written request at least thirty (30) days in advance. Personnel replacement may only be made upon the prior written approval of the Provincial Project Management Office (PPMO). The qualifications of the proposed replacement personnel shall be no less than those of the originally proposed personnel.
V.Deliverables, Timeline, and Management
1. Deliverables:
(1)One (1) copy of the Project SWOT Analysis Report;
(2)One (1) copy of the AI Technology Operation Manual for Green Pest Control in Cowpea;
(3) One (1) complete set of Early Warning Models for Cowpea Growth and Pest/Disease Risks, including related technical documentation (detailing the model's structure, algorithms, data sources, and processing methods), user manuals, testing reports, technical validation reports, and outcome demonstrations;
(4) One complete set of Digital and Ecological Cultivation Management Protocols for Cowpea. Based on the summarization and refinement of research outcomes, a scientific, standardized, and practical protocol will be formulated to promote the enhancement of cowpea quality and safety. This protocol shall cover phenotypic information collection, pest and disease control, and quality control;
(5)Application Demonstration: Select at least two cowpea planting demonstration bases in the main cowpea-producing areas of the project's pilot city for in-depth application. This aims to verify the feasibility and effectiveness of the digital cultivation and management technology for cowpea, and to provide practical recommendations for subsequent promotion and application;
(6) One copy of the Project Effectiveness Evaluation and Economic Cost Analysis Report.
Reporting and Intellectual Property Requirements:
All research reports shall be provided in both Chinese and English, with 6 printed copies of each language, as well as electronic versions. All reports must not contain any sensitive information.
The ownership of data, reports, and related intellectual property rights generated from the fulfillment of this consulting assignment shall belong to Guangdong DARA. Other outcomes (e.g., papers, monographs, patents, software copyrights) must explicitly acknowledge support from this project.
2.Duration
The estimated implementation period for this consulting assignment is 12 months.
Content of Deliverables | Submission Deadline | Acceptance/Confirmation Criteria |
Project SWOT Analysis Report | Within 1 months from the commencement of the consulting services | Confirmation by the PPMO |
Early Warning Model for Cowpea Growth and Pest/Disease Risks | Within 6 months from the commencement of the consulting services | Confirmation organized by experts commissioned by the PPMO |
Demonstration Application | within 6 months after the completion of model development. | Confirmation organized by experts commissioned by the PPMO |
Digital and Ecological Cultivation Management Protocol for Cowpea | Within 1 month after the demonstration application. | Confirmation organized by experts commissioned by the PPMO |
Effectiveness Evaluation and Economic Cost Analysis Report | Within 2 months after the demonstration application. | Confirmation by the PPMO |
3.Supervision and Management
The consultant shall report to, and be subject to the supervision of, the Provincial Project Management Office (PPMO) and the Provincial Agricultural Safety Center.
VI. Support Provided by the PPMO
1.The PPMO and project implementation units at all levels will work closely with the consultant, designate dedicated liaison personnel, and provide necessary support, including relevant materials;
2.The consultant is expected to collaborate closely with other relevant stakeholders involved in this project.
"},{"id":"OP00466557","notice_type":"Request for Expression of Interest","noticedate":"02-Sep-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-15T00:00:00Z","submission_deadline_time":"17:00","project_ctry_name":"Zambia","project_id":"P507971","project_name":"Transforming Landscapes for Resilience and Development in Zambia II","bid_reference_no":"ZM-MGEE-562801-CS-QCBS","bid_description":"Consultancy Services to conduct a Feasibility Study for the Establishment of a National Lightning Detection Network (NLDN) for Zambia","procurement_group":"CS","procurement_method_code":"QCBS","procurement_method_name":"Quality And Cost-Based Selection","contact_address":"Corner of John Mbita and Nationalist Roads P.O BOX 30147 Lusaka Zambia","contact_ctry_name":"Zambia","contact_email":"jbkatongo@yahoo.co.uk","contact_name":"John Katongo Banda","contact_organization":"Ministry of Green Economy and Enviroment","contact_phone_no":"0955991370","submission_date":"2026-09-02T00:00:00Z","notice_text":"
REPUBLIC OF ZAMBIA
MINISTRY OF GREEN ECONOMY AND ENVIRONMENT
REQUEST FOR EXPRESSIONS OF INTEREST |
Project: Transforming Landscapes for Resilience and Development (TRALARD) II Project
Grant/Project ID No.: P507971
Assignment Title: Feasibility Study for Establishment of a National Lightning Detection Network for Zambia
Reference No.: ZM-MGEE-562801-CS-QCBS
The Government of the Republic of Zambia, through the Ministry of Green Economy and Environment (MGEE), has received financing from the World Bank, the Climate Investment Funds (CIF), the Global Environment Facility (GEF), the Least Developed Countries Fund (LDCF), the Nordic Development Fund and Scaling Climate Action by Lowering Emissions (SCALE), totalling USD 137 million, to support implementation of the Transforming Landscapes for Resilience and Development (TRALARD) II Project in Copperbelt, Luapula, Muchinga, Northern and Southern Provinces. The Government intends to apply part of the proceeds to payments under the contract for the consulting services described below.
The overall objective is to conduct an evidence-based feasibility study for establishment of a National Lightning Detection Network for Zambia, including a defensible assessment of necessity and complementarity, network options, lifecycle costs, economic and social benefits, sustainability arrangements and procurement-ready specifications.
Scope of the Services
The indicative period of performance is 24 weeks. The detailed scope, deliverables and requirements are provided in the Terms of Reference.
Shortlisting Criteria
The Ministry now invites eligible consulting firms (“Consultants”) to indicate their interest in providing the Services. Interested Consultants shall provide information demonstrating the required qualifications and relevant experience. The shortlisting criteria are:
The EOI should include the firm’s legal name and contact details; brief corporate profile; description of relevant assignments with client, country, dates, contract value/role and contactable references; and, where applicable, the intended form and members of any association. Firms should not submit a technical or financial proposal at this stage.
The attention of interested Consultants is drawn to Section III, paragraphs 3.13, 3.15 and 3.16 of the World Bank Procurement Regulations for IPF Borrowers, Sixth Edition, February 2025 (“Procurement Regulations”), which set 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 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.
Terms of Reference: https://www.mgee.gov.zm/?page_id=6753
Submission Address
The Permanent Secretary
Ministry of Green Economy and Environment
P.O. Box 30147
Lusaka, Zambia
Electronic submission: Submit the EOI with the assignment title and reference number in the email subject line to info@npcu.org.zm, copying emmanuel.makombe@tralard.org.zm and Sibeso.Mataa@mgee.gov.zm.
Deadline: Tuesday, 15 September 2026 at 17:00 hours, Zambian local time.
Head – Procurement and Supplies Unit
For/Permanent Secretary
MINISTRY OF GREEN ECONOMY AND ENVIRONMENT
REPUBLIC OF ZAMBIA
MINISTRY OF GREEN ECONOMY AND ENVIRONMENT
REQUEST FOR EXPRESSIONS OF INTEREST |
Project: Transforming Landscapes for Resilience and Development (TRALARD) II Project
Grant/Project ID No.: P507971
Assignment Title: Feasibility Study for Establishment of a National Weather Radar Network for Zambia
Reference No.: ZM-MGEE-562812-CS-QCBS
The Government of the Republic of Zambia, through the Ministry of Green Economy and Environment (MGEE), has received financing from the World Bank, the Climate Investment Funds (CIF), the Global Environment Facility (GEF), the Least Developed Countries Fund (LDCF), the Nordic Development Fund and Scaling Climate Action by Lowering Emissions (SCALE), totalling USD 137 million, to support implementation of the Transforming Landscapes for Resilience and Development (TRALARD) II Project in Copperbelt, Luapula, Muchinga, Northern and Southern Provinces. The Government intends to apply part of the proceeds to payments under the contract for the consulting services described below.
The objective is to conduct a comprehensive, evidence-based feasibility study that provides the technical, financial, institutional, environmental and operational framework for establishment of a National Weather Radar Network for Zambia, including procurement-ready specifications for radar systems, supporting infrastructure, communications and data-processing systems.
Scope of the Services
The indicative period of performance is 24 weeks. The detailed scope, deliverables and requirements are provided in the Terms of Reference.
Shortlisting Criteria
The Ministry now invites eligible consulting firms (“Consultants”) to indicate their interest in providing the Services. Interested Consultants shall provide information demonstrating the required qualifications and relevant experience. The shortlisting criteria are:
The EOI should include the firm’s legal name and contact details; brief corporate profile; description of relevant assignments with client, country, dates, contract value/role and contactable references; and, where applicable, the intended form and members of any association. Firms should not submit a technical or financial proposal at this stage.
The attention of interested Consultants is drawn to Section III, paragraphs 3.13, 3.15 and 3.16 of the World Bank Procurement Regulations for IPF Borrowers, Sixth Edition, February 2025 (“Procurement Regulations”), which set 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 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.
Terms of Reference: https://www.mgee.gov.zm/?page_id=6753
Submission Address
The Permanent Secretary
Ministry of Green Economy and Environment
P.O. Box 30147
Lusaka, Zambia
Electronic submission: Submit the EOI with the assignment title and reference number in the email subject line to info@npcu.org.zm, copying emmanuel.makombe@tralard.org.zm and Sibeso.Mataa@mgee.gov.zm.
Deadline: Tuesday, 15 September 2026 at 17:00 hours, Zambian local time.
Head – Procurement and Supplies Unit
For/Permanent Secretary
MINISTRY OF GREEN ECONOMY AND ENVIRONMENT
Project:P175525-West Africa Coastal Areas Resilience Investment Project 2
Loan/Credit/TF Info:IDA-E1400
Bid/Contract Reference No:GM-CPCU-547239-CS-CDS
Procurement Method:CDS-Direct Selection
Scope of Contract:Training on GIS/Spatial Analysis And Remote Sensing for Ministry of Lands Staff
Notice Version No:0
_____________________________________________________
REQUEST FOR EXPRESSIONS OF INTEREST
(CONSULTING SERVICES – FIRMS SELECTION)
Country: Multinational
Name of Project: Resilient Irrigation for a Sustainable Economy Project
Grant No.: P514153
Assignment Title: Procurement of Consultancy services for RISERAP Regional Geospatial & Data Analytics (Remote Sensing, HydroInformatics & Dashboard Data Products)
Reference No: 656/AUDA/DITIR/GEN/QCBS/2026
Method: Quality and Cost Based Selection (QCBS)
The African Union Development Agency – New Partnership for Africa Development (AUDA-NEPAD) has received financing from the World Bank toward the cost of the “Resilient Irrigation for a Sustainable Economy Project”, and intends to apply part of the proceeds for consulting services. “ Procurement of Consultancy services for RISERAP Regional Geospatial & Data Analytics (Remote Sensing, HydroInformatics & Dashboard Data Products)”
The consulting services (“the Services”) include: Joint Inception, Institutional Readiness and Workplan Confirmation - Participate in a joint inception phase with the Africa RISE Gateway team to prepare a unified delivery schedule, shared data model, API architecture note, staging plan, approval pathway and milestone acceptance process. Where the same firm delivers both workstreams, separate teams, named leads, reporting lines and acceptance checkpoints shall be maintained. . Regional Geospatial Data Products and Benchmarking Inputs - Produce priority regional geospatial layers aligned with the Africa RISE Regional Benchmarking System, including crop and irrigated-area maps, evapotranspiration and water productivity datasets, vegetation and biomass indicators, surface-water extent, groundwater-stress proxies where feasible, drought/flood exposure and climate-variability composites; Analytics Workflows and Decision-Support Outputs - Develop and operationalize an analytics suite comprising: Irrigation Performance Assessment; Water Security analytics; Climate Risk analytics; Digital Field Monitoring Toolkit; Regional Benchmarking analytics; and Decision Dashboard publication package; Data Governance, Interoperability, QA/QC and Publication Controls - Prepare and operationalize a practical Data Governance, QA/QC and Interoperability Pack covering validation rules, uncertainty documentation, metadata standards, dataset lineage, version control, access controls, API/interface specifications and data privacy requirements; Capacity Building, Sustainability and Handover - Design and deliver a tiered capacity-building programme for AUDA-NEPAD technical staff, national data focal points, programme managers, policy users and field teams, including practical exercises and on-the-job support linked to actual analytics products and Gateway staging outputs.
A structured capacity-building programme shall be delivered to ensure sustainability beyond the assignment and to strengthen both regional-level users and national-level actors. Because data will be generated, validated and submitted at country level, the programme shall build national capacity so that the platform functions as a sustainable data production and validation system, rather than depending on repeated follow-up with country teams for routine submissions, validation and issue resolution.
Technical clinics and office hours: Periodic technical clinics shall be held with the AUDA-NEPAD PMU and nominated country focal points to resolve implementation issues, support adoption and refine training materials.
Capacity-building outputs shall include training slides, practical exercises, user guides and focal-point reference materials, with attendance records and post-training evaluations for regional and national participants.
Key Expert | Person-Days |
Key Expert 1: Team Leader / Lead Geospatial & Data Analytics Specialist | 35 |
Key Expert 2: Remote Sensing / GIS & Spatial Data Analyst | 30 |
Key Expert 3: HydroInformatics & Water Monitoring Specialist | 25 |
Key Expert 4: Data Engineer / Dashboard Data Pipeline & Integration Specialist | 30 |
Key Expert 5: Data Governance, QA/QC & Metadata Specialist (Interoperability Lead) | 20 |
Total | 140 |
Total duration: 12 Months + 4-6 Months of structured transition and backstopping period from the date of contract signature
The African Union Development Agency – New Partnership for Africa Development (AUDA-NEPAD) 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:
The attention of interested Consultants is drawn to Section III, paragraphs, 3.15, 3.16, and 3.17 of the World Bank’s “Procurement Regulations for IPF Borrowers” February 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 Quality and Cost Based Selection (QCBS) method set out in the Procurement Regulations.
Further information can be obtained at the address below during office.
Expressions of interest must be delivered to the address below by email on or before September 14th, 2026, 14:30 hours (South African Time). All EOI’s must be marked “656/AUDA/DITIR/GEN/QCBS/2026 – Procurement of Consultancy services for RISERAP Regional Geospatial & Data Analytics (Remote Sensing, HydroInformatics & Dashboard Data Products)” in the subject line of the email.
EOIs can also be sent by email, addressed to the address below. Interested Consultants may also obtain further information at the address below during office hours (09:00 - 17:00 South Africa time):
The Chairperson, Internal Procurement Committee (IPC)
African Union Development Agency (AUDA-NEPAD)
Eco Origin, Block F,
349 Witch Hazel Street,
Eco Park, Centurion.
Email: procurement@nepad.org ; and copy to manthatir@auda-nepad.org
Attention of: Procurement Division
annex 1
DECLARATION OF UNDERTAKING
{Location, Date}
To: The Chairperson Internal Procurement Committee (IPC)
AUDA-NEPAD
230, 15th Road, P. O. Box 218 Midrand,
1685 Johannesburg, South Africa
The Attention of: Head of Procurement Division
We remain,
Yours sincerely,
Authorised Signature:
Name and Title of Signatory:
Name of Firm:
Address:
"},{"id":"OP00465490","notice_type":"Request for Expression of Interest","noticedate":"28-Aug-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-11T00:00:00Z","submission_deadline_time":"23:45","project_ctry_name":"Dominica","project_id":"P170846","project_name":"Leveraging Eco-Tourism for Biodiversity Protection in Dominica","bid_reference_no":"DM-MOERMKU-563244-CS-INDV","bid_description":"Technical Specialist for Implementation, Operations and Maintenance of an E-ticketing System","procurement_group":"CS","procurement_method_code":"INDV","procurement_method_name":"Individual Consultant Selection","contact_address":"6 Floor, Financial Centre, Kennedy Avenue, Roseau, Dominica\nTel: (767) 266 3564","contact_ctry_name":"Dominica","contact_email":"shari.gregoire75@gmail.com","contact_name":"Shari-Anne Gregoire","contact_organization":"Ministry of the Environment, Rural Modernisation and Kalinago Upliftment","contact_phone_no":"(767)266-3998","submission_date":"2026-08-28T00:00:00Z","notice_text":"
REQUEST FOR EXPRESSIONS OF INTEREST (REOI)
(CONSULTING SERVICES – INDIVIDUAL SELECTION)
Country – Commonwealth of Dominica
Assignment Title: Technical Specialist for Implementation, Operations and Maintenance of an E-ticketing System
Reference No DM-MOERMKU-563244-CS-INDV
Project: Leveraging Eco-Tourism for Biodiversity Protection in Dominica (P170846)
Grant No. TF-B9551
Implementing Agency: Ministry of Environment, Rural Modernisation, Kalinago Upliftment and Constituency Empowerment
1. Background
The Government of the Commonwealth of Dominica has received financing from the World Bank toward the cost of Leveraging Eco-Tourism for Biodiversity Protection in Dominica and intends to apply part of the proceeds for consulting services. The Ministry of Environment, Rural Modernisation, Kalinago Upliftment and Constituency Empowerment intend to procure the services of an individual consultant to serve as a Technical Specialist for the Implementation, Operations and Maintenance of an E-ticketing System.
2. Objective of Assignment
The objective of the assignment is to support the full deployment, operationalization, maintenance, and optimization of an integrated e-ticketing system across all eco-tourism sites and the Waitukubuli National Trail (WNT). This includes assessing IT infrastructure and organizational readiness, recommending appropriate hardware and organizational arrangements, providing training and software configuration, and ensuring smooth integration and operation within national IT systems.
3. Required Qualifications & Experience
Qualifications
Experience
Skills
The detailed Terms of Reference (TOR) for the assignment may be requested by contacting the following email addresses: letbp@dominica.gov.dm or letbpprocurement@gmail.com
4. Submission Requirements
Expressions of Interest shall include:
EOI’s should be a max of 5-10 pages.
Expressions of interest must be submitted in a written form (in person, or by mail, or by e-mail) to the following addresses:
Attn: Project Coordinator
Leveraging Eco-Tourism for Biodiversity Protection in
Dominica Project
First Floor, 38 Cork Street
Roseau, Commonwealth of Dominica
E-mail: letbp@dominica.gov.dm letbpprocurement@gmail.com copied to letbp.procurement@gmail.com .
Deadline for Submission: 11:59 p.m. Eastern Caribbean Time (ECT), September 11, 2026
Further information can be obtained through letbp@dominica.gov.dm or letbpprocurement@gmail.com to seek clarification.
5. Shortlisting and Selection
In the assessment of submissions, consideration will be given to the applicant’s qualifications, relevant professional experience, and experience in similar assignments, including experience in e-ticketing/visitor management and ICT infrastructure/integration experience. Only experience clearly demonstrated and supported by the submitted documentation will be considered. The Individual Consultant who is determined to be the best qualified and experienced for the assignment will be selected.
6. Fraud and Corruption
The attention of interested Individuals is drawn to Section III, paragraphs, 3.14, 3.16, and 3.17 of the World Bank’s “Procurement Regulations for IPF Borrowers” 7th Edition (September 2025) 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 i.e., 3.17 (c) & (d) of the Procurement Regulation.
"},{"id":"OP00465445","notice_type":"Request for Expression of Interest","noticedate":"28-Aug-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-11T00:00:00Z","submission_deadline_time":"14:30","project_ctry_name":"Eastern and Southern Africa","project_id":"P512975","project_name":"Regional Acceleration Project 1 under the Africa Resilient Irrigation for Sustainable Economies Mult","bid_reference_no":"ZA-AUDA-NEPAD-565929-CS-QCBS","bid_description":"Selection of consultancy services for Africa[MR1.1] RISE Gateway: Website, Dashboard & Digital Infrastructure","procurement_group":"CS","procurement_method_code":"QCBS","procurement_method_name":"Quality And Cost-Based Selection","contact_address":"230 15th Rd, Randjespark, Midrand, 1685","contact_ctry_name":"South Africa","contact_email":"abd-ala@auda-nepad.org","contact_name":"Abd-al-Malik Madina Ahmat","contact_organization":"African Union Development Agency - New Partnership for Africa's Development","contact_phone_no":"+27 (0) 72 906 9488","contact_web_url":"https://www.nepad.org/","submission_date":"2026-08-28T00:00:00Z","notice_text":"
_____________________________________________________
REQUEST FOR EXPRESSIONS OF INTEREST
(CONSULTING SERVICES – FIRMS SELECTION)
Country: Multinational
Name of Project: Resilient Irrigation for a Sustainable Economy Project
Grant No.: P P514153
Assignment Title: Procurement of Consultancy Services to Develop and Deploy the Africa RISE Gateway
Reference No: 926/AUDA/DITIR/RESILIENTIRRIGATIONF/QCBS/2026
Method: Quality and Cost Based Selection (QCBS)
The African Union Development Agency – New Partnership for Africa Development (AUDA-NEPAD) has received financing from the World Bank toward the cost of the “Resilient Irrigation for a Sustainable Economy Project”, and intends to apply part of the proceeds for consulting services. “Consultancy Services to Develop and Deploy the Africa RISE Gateway”
The consulting services (“the Services”) include: Task 1: Africa RISE User Requirements Assessment: Map and profile all user groups and partners including relevant African Union agencies and departments (AUDANEPAD, AU-SAFGRAD, SEBE), government ministries, transboundary water management agencies, regulators, MPA focal points, implementing partners, research institutes and universities and technical experts, farmers, aggregators, private sector, equipment suppliers and financial institutions and farmer unions and cooperative societies etc; Task 2: Design, Develop and Commission the Africa RISE Gateway: Define system architecture, data structures, modules, dashboard requirements and process workflows, including a unified data interoperability Layer that meets vPIC standards and aligns with the Africa RISE Regional Geospatial Analytics Platform and national irrigation monitoring systems. The architecture shall specify: (a) the endpoints and payload schemas through which national data collection tools, the Regional Geospatial Platform, and other authorized external data sources submit and validate benchmarking data; (b) the data lineage and version control mechanisms ensuring that published benchmarks are traceable to their submission source; and (c) the traffic-light alert logic that translates performance indicator values into color-coded risk flags for display in the executive dashboard. Task 3: Technical Assistance (TA) and Capacity Building: Develop and deliver a structured, tiered capacity-building programme and associated training materials for all user groups, comprising: (i) a Technical Track for AUDA-NEPAD IT personnel, national technical focal points and system administrators, covering system administration, data management, integration and cybersecurity; (ii) an Operational Track for programme managers, extension officers and policy stakeholders, focusing on effective use of the platform and its functional modules; and (iii) an End-User Track providing simplified guidance and orientation materials. Task 4: Sustainable Operation and Maintenance (O&M) Model for the Gateway: Assess the technical and operational requirements for sustained operation of the Gateway, including hosting, security, data management, updates, user support and maintenance schedules and prepare indicative annual cost projections for the post-project period. Task 5: Envisaged functionality of the Africa RISE Gateway: The Africa RISE Gateway, as a go-to information and knowledge solution, is envisaged to serve.
Key Expert | Person-Days |
Key Expert 1: Team Leader / Digital Platform and Systems Architecture Lead | 90 |
Key Expert 2: Business Analyst / User Requirements and Institutional Readiness Specialist | 75 |
Key Expert 3: Lead Software Developer / Gateway Solution Architect | 160 |
Key Expert 4: Data Engineer / API, Dashboard and Interoperability Specialist | 110 |
Key Expert 5: Cybersecurity and Cloud Infrastructure Specialist | 55 |
Key Expert 6: GIS / Geospatial Platform Integration Specialist | 50 |
Key Expert 7: Knowledge Management, Learning and Capacity Development Specialist | 80 |
Total | 620 |
Total duration: 56 weeks from the date of contract signature
The African Union Development Agency – New Partnership for Africa Development (AUDA-NEPAD) 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:
The attention of interested Consultants is drawn to Section III, paragraphs, 3.15, 3.16, and 3.17 of the World Bank’s “Procurement Regulations for IPF Borrowers” February 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 Quality and Cost Based Selection (QCBS) method set out in the Procurement Regulations.
Further information can be obtained at the address below during office.
Expressions of interest must be delivered to the address below by email on or before September 11th, 2026, 14:30 hours (South African Time). All EOI’s must be marked “926/AUDA/DITIR/RESILIENTIRRIGATIONF/QCBS/2026 – Procurement of Consultancy Services to Develop and Deploy the Africa RISE Gateway” in the subject line of the email.
EOIs can also be sent by email, addressed to the address below. Interested Consultants may also obtain further information at the address below during office hours (09:00 - 17:00 South Africa time):
The Chairperson, Internal Procurement Committee (IPC)
African Union Development Agency (AUDA-NEPAD)
Eco Origin, Block F,
349 Witch Hazel Street,
Eco Park, Centurion.
Email: procurement@nepad.org ; and copy to manthatir@auda-nepad.org
Attention of: Procurement Division
annex 1
DECLARATION OF UNDERTAKING
{Location, Date}
To: The Chairperson Internal Procurement Committee (IPC)
AUDA-NEPAD
230, 15th Road, P. O. Box 218 Midrand,
1685 Johannesburg, South Africa
The Attention of: Head of Procurement Division
We remain,
Yours sincerely,
Authorised Signature:
Name and Title of Signatory:
Name of Firm:
Address:
"},{"id":"OP00459055","notice_type":"Request for Expression of Interest","noticedate":"27-Aug-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-08T00:00:00Z","submission_deadline_time":"17:00","project_ctry_name":"Georgia","project_id":"P175629","project_name":"Georgia Resilient Agriculture, Irrigation, and Land Project","bid_reference_no":"GR/CS/CQS/15","bid_description":"Consulting Services for the Development of an Institutional Strengthening Strategy, Roadmap, and Action Plan for Sustainable Agricultural Land Management in Georgia","procurement_group":"CS","procurement_method_code":"CQS","procurement_method_name":"Consultant Qualification Selection","contact_address":"34 Marshal Gelovani Avenue, Tbilisi 0159, Georgia","contact_ctry_name":"Georgia","contact_email":"Lali.Durmishidze@mepa.gov.ge","contact_name":"Lali Durmishidze","contact_organization":"Ministry of Environmental Protection and Agriculture of Georgia","contact_phone_no":"032 2378038","contact_web_url":"http://www.mepa.gov.ge","submission_date":"2026-08-27T00:00:00Z","notice_text":"
REQUEST FOR EXPRESSIONS OF INTEREST
(CONSULTING SERVICES – FIRMS SELECTION)
GEORGIA
Georgia Resilient Agriculture, Irrigation and Land Project (GRAIL) – P175629
Loan No. 9504-GE
Assignment title: Consulting Services for the Development of an Institutional Strengthening Strategy, Roadmap, and Action Plan for Sustainable Agricultural Land Management in Georgia
Reference No. GR/CS/CQS/15
Georgia has received financing from the World Bank toward the cost of Georgia Resilient Agriculture, Irrigation and Land (GRAIL) project and intends to apply part of the proceeds for consulting services. The project cost is USD 150.00 million comprising of an equal share of USD 75.00 million by each co-financer.
The project development objectives are to: (a) improve irrigation, and drainage services, and agricultural production in project areas; and (b) strengthen national irrigation and land management institutional capacity for climate resilient planning. The primary project beneficiaries comprise farmers and agricultural enterprises across the project targeted regions. Overall, the rural population will benefit from enhanced services provided by land management, irrigation services, and agricultural support. In the public sector, the project will support institutional strengthening of Ministry of Environmental Protection and Agriculture (MEPA), including Georgian Amelioration (GA), Rural Development Agency (RDA) and Land Management Agency (LMA). The Project consists of the following two main components: Component 1. Resilient Irrigated Agriculture and Component 2: Improved Land Management Capacity.
To ensure the long-term sustainability of agricultural resources, the Government seeks to strengthen the institutional framework and develop a clear roadmap supporting sustainable land management (SLM). Therefore, this assignment is designed to provide the technical assistance necessary to assess existing capacities and establish a robust Institutional Strategy and Action Plan for the LMA and relevant MEPA departments, specifically the Hydro-melioration and Land Management Department (MLMD) of MEPA.
The overarching goal of the assignment is to guide the strategic, technical, and institutional empowerment of the LMA and the MLMD of MEPA, ensuring they can effectively execute their statutory responsibilities through modern, data-driven frameworks. The primary objective of the Institutional Strengthening Strategy and the accompanying 5-year strategic roadmap is to provide MEPA and the LMA with a comprehensive, evidence-based blueprint for institutional modernization. Rather than dictating immediate technical execution, these strategic deliverables will be designed to logically sequence necessary administrative reforms, optimize business processes and align with statutory land management mandates, establish the conceptual prerequisites for future digital transformation, and define a clear, costed path for long-term operational and financial sustainability. Rather than redefining mandates already set by their statutes, the Strategy and Action Plan will structure and phase interventions across four core components:
Key objectives include:
Indicative assignment duration: The duration of the assignment is estimated at twelve (12) months from the date of contract signature.
The Ministry of Environmental Protection and Agriculture of Georgia (MEPA) 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. Expression of interest should cover, but not limited to: corporate profile, years in business, experience relevant to the project activities, overall key staff resources, and core business.
The selection criteria are:
The Consultant shall be a firm/consortium with demonstrated experience in:
Note: the MEPA reserves it’s right to verify submitted references and use obtained information for evaluation purposes.
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 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. The experience of sub-consultants will not be taken into account while evaluating the corporate experience of the consultant.
Experience in the projects relevant to the assignment should be submitted in the Form N1 uploaded at: https://drive.google.com/file/d/1NaYoSd_zCVJUr3AXewqbaM_a9eLff2FU/view?usp=drive_link
ToR for the assignment can be found at the following link:
https://docs.google.com/document/d/1GRW_sVmgJTniUGzGtxgI8KP1Nr9dNmAR/edit?usp=sharing&ouid=111094613369888933218&rtpof=true&sd=true
A Consultant will be selected in accordance with the Consultant's Qualifications-based Selection (CQS) method set out in the Procurement Regulations: Approved Selection Methods: Consulting Services under IBRD Loans and IDA Credits & Grants by World Bank Borrowers - July 2016, September 2025
Further information can be obtained at the address below during office hours from 10:00 a.m. to 17:00 p.m. at MEPA, Mr. Ioseb Tchonkadze, Procurement Consultant.
Expressions of interest must be submitted in English in written form to the email addresses below by September 08, 2026, at 17:00 (Georgian local time) - extended deadline.
Ministry of Environmental Protection and Agriculture of Georgia
34, Marshal Gelovani Ave, Tbilisi, Georgia
Tel.: +99532 2378038
E-mail To: Rusudan.manjgaladze@mepa.gov.ge; Mariam.bakhtadze@mepa.gov.ge; iosebtchonkadze@gmail.com;
"},{"id":"OP00465088","notice_type":"Request for Expression of Interest","noticedate":"27-Aug-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-14T00:00:00Z","submission_deadline_time":"17:00","project_ctry_name":"Pacific 1","project_id":"P502591","project_name":"Pacific Strengthening Correspondent Banking Relationships Project","bid_reference_no":"FJ-PIFS-567205-CS-INDV","bid_description":"RMI - Payments System Advisor","procurement_group":"CS","procurement_method_code":"INDV","procurement_method_name":"Individual Consultant Selection","contact_address":"Ratu Sukuna Road, Suva, Fiji.","contact_ctry_name":"Fiji","contact_email":"ajayj@forumsec.org","contact_name":"Ajay Jagannath","contact_organization":"Pacific Island Forum Secretariat","contact_phone_no":"679-3312600","contact_web_url":"www.forumsec.org","submission_date":"2026-08-27T00:00:00Z","notice_text":"Request for Expressions of Interest
(INDIVIDUAL CONSULTING SERVICES)
Payments System Advisor to the Monetary Authority of the Marshall Islands (MAMI)
Project Name | Pacific Strengthening Correspondent Banking Relationships Project |
Project Number | P502591 https://projects.worldbank.org/en/projects-operations/project-detail/P502591 |
Activity and Reference Number (STEP) | Payments System Advisor FJ-PIFS-567205-CS-INDV |
Implementing Agency Names | Pacific Islands Forum Secretariat |
Country | FIJI |
The Pacific Islands Forum Secretariat (PIFS) and seven Pacific Island member countries (Fiji, Kiribati, Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu) have received financing (grants and credits) from the World Bank Group’s International Development Association (IDA) towards the Pacific Strengthening Correspondent Banking Relationships Project (the Project) and will apply part of these proceeds to the contract below for Consulting Services.
PIFS is seeking a qualified and experienced Payments System Advisor to provide technical advisory support to the Monetary Authority of the Marshall Islands (MAMI). The Advisor will assist with the establishment of a safe, efficient, inclusive, and scalable national payments system and oversight function, aligned with the CBR Project, the CBR Roadmap, regional harmonization work, and the emerging Pacific Payment Mechanism (PPM).
The Advisor will work closely with MAMI, PIFS, the World Bank, IMF, and other technical assistance providers to translate IMF recommendations into practical implementation steps for RMI. This is a time-based individual consultant assignment for up to twelve (12) months, with up to 240 working days of input, requiring significant in-country presence in Majuro (50–60% of input days).
Scope of Services
Under the overall direction of the Project Coordinator, the Payments System Advisor shall undertake the following activities:
Review IMF recommendations and prepare a 12month implementation roadmap for MAMI’s payments function.
Advise on operational setup of payment operations and oversight divisions.
Support development of a National Payments Strategy and stakeholder consultations.
Provide technical inputs on payment infrastructure modernization, including phased implementation of an Integrated Payment and Clearing System (IPCS).
Support payment system oversight, risk-based supervision, and data collection.
Assist with stakeholder coordination and establishment of a National Payment Council.
Align RMI’s work with regional harmonization initiatives and the CBR Project’s Component 2 activities.
Deliver training, mentoring, and knowledge transfer to MAMI staff.
Mandatory Criteria
Education
A master’s degree in economics, finance, law, public policy, payment systems, information systems, business administration, or a related field.
A PhD or advanced professional qualification is preferred.
Experience
Minimum of 10 years of experience in payment systems, financial market infrastructures, central bank payment operations, payment system oversight, digital financial services, remittances, cross-border payments, or correspondent banking.
Evaluated Criteria:
| Evaluated Criteria | Points |
| Demonstrated experience in developing and implementing national payment systems strategies and oversight frameworks | 30 |
| Experience advising central banks or monetary authorities on payment infrastructure modernization | 30 |
| Familiarity with international standards (CPMIIOSCO Principles, ISO 20022, risk-based supervision) | 20 |
| Experience in stakeholder consultation and coordination across government, financial institutions, and payment service providers | 20 |
PIFS, on behalf of the participating member countries, 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 and a cover letter with description of experience in similar assignments, similar conditions, etc.).
Firms’ staff may express interest through the employing firm for the assignment and, under such situation, only the experience and qualifications of individuals shall be considered in the selection process.
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, dated February 2025 (“the 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 World Bank Consultant Guidelines
The detailed Terms of Reference (TOR) for the assignment is attached below and provides details of the scope of the services required along with specific deliverables expected. Further information can be obtained at the address below during office hours 09.00 to 17.00 hrs Fiji Time.
Expressions of interest must be delivered in a written form to the address below (in person, or by mail, or by e-mail) no later than Monday, September 14, 2026, 17:00 hrs (Fiji Time)
Address for Enquiries and Submission of EOIs
Pacific Islands Forum Secretariat
Attn: Ajay Jagannath, Project Coordinator
Private Mail Bag, Suva
PO Box 856, Suva, Fiji.
Tel: 679-3312600
E-mail: cbrprocurement@forumsec.org
TERMS OF REFERENCE
CONSULTING SERVICES - INDIVIDUAL SELECTION
Payments System Advisor to the Monetary Authority of the Marshall Islands (MAMI)
Project Overview
Project Name | Pacific Strengthening Correspondent Banking Relationships Project |
Indicative Activity / Budget Line | Component 2: Enabling Environment and Regulatory Harmonization - Payment System Oversight and Regulation - Oversight of National Payment Systems |
Activity Reference Number (STEP) | FJ-PIFS-567205-CS-INDV |
Position Title | Payments System Advisor to the Monetary Authority of the Marshall Islands (MAMI) |
Location of role | Majuro, Republic of the Marshall Islands, with remote inputs and regular coordination with the Project Management Unit (PMU) in Suva. The assignment is expected to require significant in-country presence in Majuro, estimated at 50-60 percent of total input days. The detailed travel and work schedule will be agreed with PIFS, MAMI and the World Bank through the work plan. |
Primary Counterpart | Monetary Authority of the Marshall Islands (MAMI) |
Duration of Assignment | Time-based individual consultant contract for up to twelve (12) months, with up to 240 working days of input. Extension may be considered subject to project needs, budget availability, consultant performance, procurement plan arrangements, and applicable World Bank no-objection requirements. Payments will be based on approved timesheets and eligible reimbursable expenses. |
Implementing Agency on behalf of participating countries | Pacific Islands Forum Secretariat (PIFS) |
Agency Description | The Pacific Islands Forum was established to bring together the region to address pressing issues and challenges, and foster collaboration and cooperation in the pursuit of shared goals. PIF’s mandate is to strengthen cooperation and integration in the Pacific region through the pooling of regional governance, resources and the alignment of policies, furthering Forum members shared goals of economic growth, sustainable development, good governance and security. Founded in 1971, it comprises 18 members: Australia, Cook Islands, Federated States of Micronesia, Fiji, French Polynesia, Kiribati, Nauru, New Caledonia, New Zealand, Niue, Palau, Papua New Guinea, Republic of Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu. The PIFS is a vital platform for Leaders to convene, engage in discussions and agree on policies that will benefit the people of the region. |
Selection Method | Competitive Selection of an independent individual consultant, subject to procurement plan adjustment, justification, conflict-of-interest review, and World Bank no-objection requirements where applicable. |
Agency Description | The Pacific Islands Forum was established to bring together the region to address shared issues and support cooperation. PIF works through regional governance, shared resources and policy alignment to support economic growth, sustainable development, good governance and security. Founded in 1971, it comprises eighteen members: Australia, Cook Islands, Federated States of Micronesia, Fiji, French Polynesia, Kiribati, Nauru, New Caledonia, New Zealand, Niue, Palau, Papua New Guinea, Republic of Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu. |
Participating Countries | The Pacific Island Countries participating in the regional project comprise Fiji, Kiribati, the Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu. This assignment provides country-specific support to the Republic of the Marshall Islands under the regional project. |
Overall Project Objective | The Project Development Objective is to enable continuous access to correspondent banking services in the participating Pacific Island Countries. |
Project Length | August 2024 to September 30, 2030 |
Project Background
The Pacific Islands Forum Secretariat (PIFS) has received financing from the World Bank Group's International Development Association (IDA) for the Pacific Strengthening Correspondent Banking Relationships Project. The project supports participating Pacific Island Countries (PICs) to maintain continuous access to correspondent banking services, and to address underlying payment, regulatory and financial integrity constraints that contribute to de-risking in the region.
PICs are exposed to the withdrawal of correspondent banking relationships (CBRs) that underpin international trade, tourism, remittances, development finance, disaster relief, and humanitarian financial flows. The project provides a short-term CBR safety net while supporting the enabling environment and regional harmonization needed for a medium-term sustainable solution.
Component 2 of the project, Enabling Environment and Regulatory Harmonization, includes support for Payment System Oversight and Regulation. The relevant activity areas include payment systems regulatory harmonization, oversight of national payment systems, and collection of remittance and gender-disaggregated data on usage of financial services. Component 2 also supports payment systems strengthening, CBR Roadmap implementation, the CBR Resilience Index, and the feasibility work for the Pacific Payment Mechanism (PPM), which aims to aggregate payment flows and improve economies of scale.
The Republic of the Marshall Islands (RMI) is in the early phase of operationalizing the MAMI. In June 2026, the Governor of MAMI requested support for an advisor to assist with implementation of the Authority's operationalization strategy, including review and tailoring of recommendations from the IMF Monetary and Capital Markets Department technical assistance report, Operationalizing A New Monetary Authority. The request also highlighted the need to establish the national payment system in alignment with the World Bank CBR Strengthening Project's payment system harmonization roadmap.
The IMF report identifies several payment-related priorities for MAMI. These include the development of a National Payments Strategy (NPS), the establishment of payment operations and payment oversight functions, the creation of a stakeholder consultation mechanism and National Payment Council, the preparation of payment operations and oversight procedures, and the design of an Integrated Payment and Clearing System (IPCS) that can combine ACH, RTGS and instant payment functionality in a phased manner. The report also notes that RMI currently has no centralized payment system, that payment services are dominated by checks, that there is no e-money provider, and that electronic payments remain limited outside selected card and POS use cases.
This assignment is designed as payment systems technical assistance under the CBR Project’s Technical Assistance component. It is framed around the project's Payment System Oversight and Regulation activities and is expected to support MAMI in converting payment-related IMF recommendations into a practical work plan, institutional arrangements, operating procedures, oversight tools, stakeholder coordination mechanisms, and capacity building outputs.
Objective of the Position
The main objective of the Payments System Advisor to MAMI is to provide technical advisory support to MAMI for the establishment of a safe, efficient, inclusive and scalable national payments system and payment system oversight function, aligned with the CBR Project, the CBR Roadmap, regional payment system harmonization work, and the emerging design of the PPM.
The Advisor will review the payment-related findings and recommendations in the IMF MCM report and assist MAMI to translate the relevant payment system recommendations into a practical implementation approach for RMI. This will include helping MAMI distinguish payment system actions from broader central banking, governance, accounting, audit, reserve management, HR, communications and corporate services matters, and sequencing the payment system actions in line with MAMI’s institutional capacity, staffing plans and expected operational priorities.
In doing so, the Advisor will consider the small scale of the RMI financial sector, the dominance of checks, limited electronic payment usage, geographic dispersion, government payment needs, remittance costs, digital financial-service developments, and MAMI’s current staffing and institutional capacity.
Scope of Services
The selected Payments System Advisor will provide country-level, time-based technical implementation support for RMI on payment system matters. The work will be coordinated with the PIFS PMU, the PIFS Payment Systems Specialist, the World Bank payments team, IMF MCM and other technical assistance providers as relevant. The Advisor will carry out the following tasks, with timing and level of effort agreed through the 12-month implementation work plan and periodic work planning discussions:
i. Inception, work planning and IMF recommendation mapping
ii. Establishment of MAMI's national payments function
iii. National Payments Strategy
iv. Payment infrastructure and IPCS implementation support
v. Payment system oversight, data and risk-based supervision
vi. Coordination, consultation and National Payment Council support
vii. Alignment with the CBR Project and regional work
viii. Capacity building and knowledge transfer
Scope Exclusions
The assignment is limited to payment systems technical assistance and payment-related operationalization of MAMI. The Advisor will not draft the Payment Systems Act, amendments to the Monetary Authority Act, primary legislation, or formal legal opinions.
The Advisor will not provide general central bank advisory services on reserve management, fiscal agency, accounting, audit, human resources, communications, procurement, general governance, or corporate services except where those topics directly affect payment system operations, payment oversight, payment infrastructure or payment-related stakeholder coordination.
Time-Based Reporting Obligations and Expected Outputs
This assignment will be contracted on a time-based basis. Payments will be linked to approved timesheets, agreed input days, and eligible reimbursable expenses, not to a fixed-price deliverables schedule. The outputs listed below are expected working products and reporting instruments for managing the assignment, tracking progress, supporting quality review, and documenting knowledge transfer.
The Advisor will prepare and update working products in line with the agreed work plan and counterpart needs. These may include the inception note and 12-month payments work plan, IMF recommendation mapping, National Payments Strategy materials, payment function setup notes, National Payment Council materials, payment operations and oversight procedures, data templates, IPCS options and requirements notes, training materials, mission notes and handover materials.
Because the role is advisory and embedded with MAMI for a substantial part of the assignment, outputs may be revised or reprioritized during implementation with agreement from MAMI, PIFS and the World Bank. The Advisor will document changes through monthly activity notes, quarterly progress notes and the action tracker.
Reporting Obligations
The Payments System Advisor will work closely with MAMI on a day-to-day technical basis and will report administratively to the Project Coordinator within the PIFS PMU. Technical priorities, work planning, and expected outputs will be agreed with MAMI, PIFS and the World Bank payments team. The Advisor will also coordinate with the PIFS Payment Systems Specialist and the RMI Country Coordinator as relevant.
The Advisor will submit monthly timesheets and short monthly activity notes to the PIFS PMU, with confirmation from MAMI of the main activities undertaken. The monthly activity note should summarize days worked, in-country and remote inputs, meetings held, outputs prepared, issues requiring decision, and planned activities for the following month. Technical outputs will be shared with MAMI and PIFS, and PIFS will share them with the World Bank for review or no-objection where required under the project arrangements.
The Advisor will maintain a short action tracker covering agreed activities, responsible counterparts, due dates, risks, dependencies and decisions required. The tracker will be updated at least monthly, and more frequently if requested by the PMU or MAMI. The Advisor will also provide quarterly progress notes against the 12-month payments work plan and a final completion and handover note at the end of the assignment.
Institutional Arrangements
This is a time-based individual consultant assignment contracted by PIFS through the PMU under the Pacific Strengthening CBR Project. The assignment will be undertaken for the benefit of MAMI as the primary country counterpart. The procurement approach is competitive selection of an independent individual consultant, subject to the approved procurement plan, applicable PIFS procurement procedures, conflict-of-interest review, and World Bank review or no-objection requirements where applicable.
The Advisor is expected to spend significant time in Majuro during the assignment, estimated at 50-60 percent of total input days, especially during inception, stakeholder consultations, NPS preparation, payment function setup, capacity building and infrastructure planning. Remote work may be used for document preparation, virtual meetings, training, follow-up and coordination with PIFS and the World Bank.
Office space and access to meeting facilities may be provided by MAMI for in-country inputs and by PIFS for inputs in Suva, subject to availability. The Advisor will be responsible for maintaining secure records of documents, correspondence and data received during the assignment and for complying with all confidentiality requirements.
The Advisor's services will be subject to periodic performance review based on the performance indicators below. Performance review will inform continuation, extension, revision or termination of the assignment, subject to contract terms and World Bank requirements.
Performance Indicators
The following performance indicators will be used for contract management and performance assessment. They are intended to measure timely input, quality of advisory support, documented outputs, counterpart engagement and knowledge transfer under a time-based contract:
Confidentiality and Conflict of Interest
The Payments System Advisor shall comply with PIFS and World Bank policies and rules on anti-corruption, prevention of fraudulent practices, conflict of interest and confidentiality. The Advisor shall maintain confidentiality over all sensitive information obtained during the assignment and shall not publish or disclose any findings, data, reports or recommendations without prior written consent from PIFS and MAMI, and World Bank clearance where required.
Any draft reports and other documents produced by the Advisor will be discussed with and cleared by PIFS, MAMI and the World Bank before final issue. A non-disclosure agreement may be signed between PIFS, MAMI and the selected consultant and attached to the contract.
The Advisor must disclose any actual or potential conflict of interest before contract signature and throughout the assignment. The Advisor shall not participate in downstream procurement activities where such participation would create a conflict of interest under the World Bank Procurement Regulations or the Project Operations Manual.
Evaluation Requirements
Mandatory Criteria
This section details the basis upon which selection of the successful candidate will be based.
These criteria must be met to be considered for this contract.
Mandatory Criteria | Description | Evaluation |
Education | A master's degree in economics, finance, law, public policy, payment systems, information systems, business administration or a related field. A PhD or other advanced professional qualification is preferred. | Pass or Fail |
Experience | A minimum of 10 years of experience working on payment systems, financial market infrastructures, central bank payment operations, payment system oversight, digital financial services, remittances, cross-border payments, correspondent banking, or financial sector supervision, including senior management experience in a central bank, monetary authority or financial sector authority. The candidate should have held, at minimum, a department-head or equivalent senior management role covering payment system policy, operations, oversight, supervision or related financial sector functions. | Pass or Fail |
Desirable Qualifications
These criteria are desirable qualifications that will be considered in confirming the suitability of the proposed consultant and documenting the direct selection justification. Candidates who meet the mandatory criteria will be ranked out of 100 points based on the scoring criteria above. The evaluation committee may interview the highest-ranked candidates where clarification is required or where candidates are closely ranked.
# | Evaluated Criteria | Points |
1 | Knowledge of the economic and financial environment in the Pacific, small island states, or other small and capacity-constrained jurisdictions. | 20 |
2 | Experience advising central banks or financial sector authorities on National Payments Strategies, payment system modernization, payment operations, payment system oversight, or payment infrastructure implementation. | 25 |
3 | Experience with digital financial services, e-money, non-bank payment service providers, remittances, financial inclusion, consumer protection, gender-disaggregated data, or public sector payments. | 15 |
4 | Ability to prepare high-quality strategies, advisory notes, manuals, operating procedures, data templates, training materials and implementation roadmaps. | 20 |
5 | Experience coordinating multi-stakeholder assignments involving central banks, ministries of finance, banks, payment service providers, telecom operators, development partners and regional organizations. | 20 |
Total | 100 |
Language: Excellent command of both spoken and written English is required
Selection Method
Government of Nepal
Kathmandu Valley Water Supply Management Board (KVWSMB)
Kathmandu Valley Water Security Improvement Project (KV WaSIP) –
Sisneri Water Supply Project
REQUEST FOR EXPRESSIONS OF INTEREST (REOI)
(CONSULTING SERVICES – INDIVIDUAL)
First Date of Publication: 27th August 2026
Social Development Specialist - Ref No. KVWaSIP-IC-05-083/84
1.0 Background
The Government of Nepal (GoN) has received financing from the World Bank toward the preparation and implementation of the Kathmandu Valley Water Security Improvement Project (KV WaSIP) – Sisneri Water Supply Project and intends to apply part of the proceeds for consulting services. The consulting services include providing technical, procurement, financial management, environmental and social, contract management, and other professional support required for effective implementation of the Project through the Project Management Unit (PMU)
The Kathmandu Valley Water Supply Management Board (KVWSMB) now invites eligible Individual Consultants to indicate their interest in providing the above consulting services. Interested Consultants shall provide a detailed Curriculum Vitae (CV) demonstrating that they possess the required educational qualifications, professional experience, and technical competence to perform the services. The shortlisting criteria for each assignment are specified in the respective Terms of Reference (TOR), which may be obtained from the address or website indicated below
The Kathmandu Valley Water Supply Management Board (KVWSMB) intends to apply part of the proceeds of this financing to eligible payments under the contract for hiring Social Development Specialist and requests applications from suitably qualified and interested candidates to fill the position.
2. The Objectives of the Assignment
The objectives of this assignment are to:
3. Duties and Responsibilities
The duties of the Specialist is mentioned in the Terms of Reference in detail.
4. Qualifications and Experience
All applications will be evaluated against the assignment’s required qualifications below.
Candidates who comply with the minimum qualifications will be scored according to predefined criteria. A minimum of three candidates will be shortlisted and interviewed. The candidate with the highest score will be invited to negotiate a contract. Referees of the selected candidate may be contacted to verify prior experience, performance, and interpersonal skills.
Qualifications and Relevant Experience
5. Evaluation and Selection Method
The Specialist will be hired by the PMU using the Open Competitive Selection of Individual Consultants method following “World Bank Procurement Regulations for Investment Project Financing Goods, Works, Non-Consulting and Consulting Services” (July 2016) Seventh Edition 2025.
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”.
6. Duration of the Assignment
The Social Development Specialist will be engaged on a full-time basis throughout the grant implementation period (approx. 17 months). Based on the performance and if the project is approved, the Social Development Specialist may continue in this role for the project implementation.
7. Remuneration
A market-based salary package commensurate with the candidate's experience and qualifications will be offered.
8. Reporting
The Social Development Specialist will report directly to the Project Manager, PMU. He/she will maintain close coordination with the World Bank's Social Development Specialist and other relevant Bank team members throughout the assignment.
9. Location
10. Application Process
Interested candidates shall submit a complete application package comprising:
Applications shall be submitted electronically no later than 17.00 PM on 11th September 2026 to the following e-mail address: sisnerikvwsmb@gmail.com. Only complete applications received by the deadline will be considered.
Kathmandu Valley Water Supply Management Board (KVWSMB)
Kathmandu Valley Water Security Improvement Project – Sisneri Water Supply Project
Address: Jawlakhel, Lalitpur
Attention: Executive Director
Email: sisnerikvwsmb@gmail.com
Website: www.kvwsmb.org.np
"},{"id":"OP00465112","notice_type":"Request for Expression of Interest","noticedate":"26-Aug-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-11T00:00:00Z","submission_deadline_time":"17:00","project_ctry_name":"Nepal","project_id":"P517244","project_name":"GFPP Kathmandu Valley Water Security Improvement Project","bid_reference_no":"NP-KVWSMB-560382-CS-INDV-ENVIRONMENTAL","bid_description":"Hiring of Environmental Specialist","procurement_group":"CS","procurement_method_code":"INDV","procurement_method_name":"Individual Consultant Selection","contact_address":"Sainbu, Bhaisepati , Lalitpur","contact_ctry_name":"Nepal","contact_email":"dpc1279@yahoo.com","contact_name":"Dol Prasad Chapagain","contact_organization":"Kathmandu Valley Water Supply Management Board","contact_phone_no":"9851042773","contact_web_url":"www.kvwsmb.org.np","submission_date":"2026-08-26T00:00:00Z","notice_text":"
Government of Nepal
Kathmandu Valley Water Supply Management Board (KVWSMB)
Kathmandu Valley Water Security Improvement Project (KV WaSIP) –
Sisneri Water Supply Project
REQUEST FOR EXPRESSIONS OF INTEREST (REOI)
(CONSULTING SERVICES – INDIVIDUAL)
First Date of Publication: 27th August 2026
Environmental Specialist - Ref No. KVWaSIP-IC-04-083/84
1.0 Background
The Government of Nepal (GoN) has received financing from the World Bank toward the preparation and implementation of the Kathmandu Valley Water Security Improvement Project (KV WaSIP) – Sisneri Water Supply Project and intends to apply part of the proceeds for consulting services. The consulting services include providing technical, procurement, financial management, environmental and social, contract management, and other professional support required for effective implementation of the Project through the Project Management Unit (PMU)
The Kathmandu Valley Water Supply Management Board (KVWSMB) now invites eligible Individual Consultants to indicate their interest in providing the above consulting services. Interested Consultants shall provide a detailed Curriculum Vitae (CV) demonstrating that they possess the required educational qualifications, professional experience, and technical competence to perform the services. The shortlisting criteria for each assignment are specified in the respective Terms of Reference (TOR), which may be obtained from the address or website indicated below
The Kathmandu Valley Water Supply Management Board (KVWSMB) intends to apply part of the proceeds of this financing to eligible payments under the contract for hiring Environmental Specialist and requests applications from suitably qualified and interested candidates to fill the position.
2. The Objectives of the Assignment
The overall objective of this assignment is to support the PMU in preparation of the environmental safeguard measures under KV WaSIP.
Specific objectives of the assignment are to:
3. Duties and Responsibilities
The duties of the Specialist is mentioned in the Terms of Reference in detail.
4. Qualifications and Experience
All applications will be evaluated against the assignment’s required qualifications below.
Candidates who comply with the minimum qualifications will be scored according to predefined criteria. A minimum of three candidates will be shortlisted and interviewed. The candidate with the highest score will be invited to negotiate a contract. Referees of the selected candidate may be contacted to verify prior experience, performance, and interpersonal skills.
Qualifications and Relevant Experience
5. Evaluation and Selection Method
The Senior Dam Specialist will be hired by the PMU using the Open Competitive Selection of Individual Consultants method following “World Bank Procurement Regulations for Investment Project Financing Goods, Works, Non-Consulting and Consulting Services” (July 2016) Seventh Edition 2025.
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”.
6. Duration of the Assignment
The Environmental Specialist will be engaged on a full-time basis throughout the grant implementation period (approx. 17 months). Based on the performance and if the project is approved, the Environmental Specialist may continue in this role for the project implementation.
7. Remuneration
A market-based salary package commensurate with the candidate's experience and qualifications will be offered.
8. Reporting
The Environmental Specialist will report directly to the Project Manager, PMU. He/she will maintain close coordination with the World Bank's Environmental Specialist and other relevant Bank team members throughout the assignment.
9. Location
10. Application Process
Interested candidates shall submit a complete application package comprising:
Applications shall be submitted electronically no later than 17.00 PM on 11th September 2026 to the following e-mail address: sisnerikvwsmb@gmail.com. Only complete applications received by the deadline will be considered.
Kathmandu Valley Water Supply Management Board (KVWSMB)
Kathmandu Valley Water Security Improvement Project – Sisneri Water Supply Project
Address: Jawlakhel, Lalitpur
Attention: Executive Director
Email: sisnerikvwsmb@gmail.com
Website: www.kvwsmb.org.np
"},{"id":"OP00464804","notice_type":"Request for Expression of Interest","noticedate":"25-Aug-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-11T00:00:00Z","submission_deadline_time":"14:00","project_ctry_name":"Sri Lanka","project_id":"P511605","project_name":"Sri Lanka Regional Empowerment through Vibrant, Inclusive, and Viable Economies","bid_reference_no":"LK-UDA-PMU-551519-CS-QCBS","bid_description":"Sustainability, Biodiversity, and Blue-Green Economy Assessment for Climate-Resilient Eco Tourism and Livelihood Investments in the Jaffna Outer Islands","procurement_group":"CS","procurement_method_code":"QCBS","procurement_method_name":"Quality And Cost-Based Selection","contact_address":"12th Floor, Sethsiripaya Stage II,\nBattaramulla,\nSri Lanka","contact_ctry_name":"Sri Lanka","contact_email":"chandimakularat@yahoo.com","contact_name":"C. Kularatne","contact_organization":"Ministry of Transport, Highways and Urban Development","contact_phone_no":"0094718029048","contact_web_url":"https://www.transport.gov.lk/","submission_date":"2026-08-25T00:00:00Z","notice_text":"
MINISTRY OF TRANSPORT, HIGHWAYS AND URBAN DEVELOPMENT
REQUEST FOR EXPRESSIONS OF INTEREST
CONSULTING SERVICES
Project: Regional Empowerment through Vibrant, Inclusive, and Viable Economies (REVIVE)
Project ID: P511605
Credit No.: 7985-LK
Assignment Title: Sustainability Assessment for Climate-Resilient Development of the Jaffna Outer Islands
Reference No.: MTHUD/F/9/IRDP/Consultancy/4/Jaffna Outer Island, MoTHUD
STEP Procurement Activity No.: LK-UDA-PMU-551519-CS-QCBS, World Bank
1. The Government of Sri Lanka has received financing from the World Bank toward the cost of the Regional Empowerment through Vibrant, Inclusive, and Viable Economies (REVIVE) Project. The Ministry of Transport, Highways and Urban Development (MoTHUD), serving as the Executing Agency, intends to apply part of the proceeds for consulting services.
2. The consulting services (“the Services”) include an integrated sustainability assessment to identify and prioritize environmentally sustainable, socially inclusive, climate-resilient and financially viable tourism and related livelihood investment opportunities in the Jaffna Outer Islands. The Services include biodiversity, environmental, climate and safeguard assessment; socio-economic, cultural and community assessment; market and demand assessment; technical and infrastructure assessment; financial and economic analysis; institutional and governance capacity assessment; sustainable investment planning and prioritization; stakeholder engagement; and preparation of an evidence-based implementation roadmap for future investment planning.
3. The total duration of the assignment is expected to be twelve (12) months from contract commencement and expected to commence in mid of December 2026.
4. The detailed Terms of Reference (TOR) for the assignment can be found at the following website: https://www.transport.gov.lk/ (Urban Development > Integrated Regional Development Programme).
5. The Chairman of the Ministry Consultants Procurement Committee, on behalf of the REVIVE Project, now invites eligible consulting firms (“Consultants”) to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they possess the required firm-level qualifications, relevant experience and institutional capacity to perform the assignment.
The shortlisting criteria are as follows:
a. Legal status, core business and institutional experience: The Consultant shall be a legally registered consulting firm with at least ten (10) years of corporate experience in one or more of the following areas: sustainable tourism and destination development; coastal and marine resource management; biodiversity conservation; socio-economic and livelihood development; financial and economic analysis; and investment planning.
b. Comparable assignment experience: Successful completion, during the last ten (10) years, of at least three (3) comparable consultancy assignments. A comparable assignment means a master plan, tourism or destination development plan, sustainability assessment, feasibility study, investment plan, or similar strategic planning assignment comparable in nature and multidisciplinary complexity to the present assignment. Collectively, the assignments shall demonstrate experience across several relevant dimensions, including sustainable tourism or destination development, biodiversity and environmental assessment, social and livelihood assessment, climate resilience, infrastructure planning, financial and economic analysis, institutional or governance assessment, stakeholder engagement, and investment prioritization. At least one (1) assignment shall have been undertaken in an island, coastal, remote, environmentally sensitive, or similarly complex geographic setting.
c. Multidisciplinary institutional capability: Demonstrated institutional capacity to undertake a multidisciplinary sustainability assessment. The Consultant, including any joint venture, shall collectively demonstrate capacity in sustainable tourism and destination development, biodiversity and environmental assessment, social and livelihood assessment, climate resilience, infrastructure planning, financial and economic analysis, and institutional or governance assessment.
d. Relevant geographic experience: Experience in Sri Lanka, South Asia, or other coastal and island environments with comparable ecological, social and implementation conditions will be considered an advantage during shortlisting.
The Consultant shall provide documentary evidence, such as signed contracts, completion certificates, client references, or equivalent records, to substantiate the firm-level experience claimed.
Key Experts will not be evaluated at the shortlisting stage.
The Consultant shall provide information demonstrating that they have required qualification and relevant
experience to perform the services and should submit:
i) Company profiles, qualifications of board of members, brochures, etc.
ii) List of similar projects completed including foreign funded projects over the last ten years, along with the size of the associate consultancy contracts in man month and US Dollars equivalent terms (with contact details of the client).
iii) Audited financial statement for last five years.
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 September 2025), setting forth the World Bank’s policy on conflict of interest.
6. Consultants may associate with other firms to enhance their qualifications, but shall 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 members shall be jointly and severally liable for the entire contract, if selected. Please note that a firm / organization is allowed to participate in only one submission as a sole consultant, joint venture partner or a sub –Consultant.
7. A Consultant will be selected in accordance with the Quality Cost Based Selection (QCBS) method set out in the World Bank Procurement Regulations for IPF Borrowers (July 2016, revised September 2025).
8. Further information can be obtained at the address below during office hours from 0900 to 1600 hours, except Saturdays, Sundays and public holidays.
9. Expressions of Interest must be delivered in written form, in person, by mail or by e-mail, to the address below on or before 14.00hrs on September 11, 2026.
Address:
The Secretary
Ministry of Transport, Highways and Urban Development (Urban Development Division)
Finance Division
12th Floor, Sethsiripaya Stage II
Battaramulla, Sri Lanka
Tel: 0112 869 521
E-mail: proc.mthud.ud@gmail.com
Date: August 26, 2026
"},{"id":"OP00464022","notice_type":"Invitation for Bids","noticedate":"21-Aug-2026","notice_lang_name":"French","notice_status":"Published","submission_deadline_date":"2026-10-22T00:00:00Z","submission_deadline_time":"14:00","project_ctry_name":"Madagascar","project_id":"P512330","project_name":"Multimodal Transport and Logistics Project.","bid_reference_no":"13-ADEMA-F-PTML/2026","bid_description":"Fourniture de matériels et équipements de sécurité dans les aéroports de Toliara (matériels roulants) : camion pompier, véhicule de piste, Tracteur avec gyrobroyeur","procurement_group":"GO","procurement_method_code":"RFB","procurement_method_name":"Request for Bids","contact_address":"Rez de chaussée du Bâtiment Maison des Projets Alarobia - Enceinte Agence Routière- Antananarivo 101","contact_ctry_name":"Madagascar","contact_email":"vero.rakotomalala@ptml.mg","contact_name":"RAKOTOMALALA Vero","contact_organization":"Projet de Transport Multimodal et Logistique","contact_phone_no":"+261380527413","submission_date":"2026-08-21T00:00:00Z","notice_text":"
Avis Spécifique d’Appel d’Offres
(Processus à Deux Enveloppes)
Pays | : Madagascar |
Maître d’Ouvrage | : Ministère des Transports et de la Météorologie (MTM) – Aéroports De Madagascar (ADEMA) |
Projet | : Projet de Transport Multimodal et de Logistique (PTML) |
Financement | : Crédit A : IDA SUW 8005-MG, Crédit B : IDA 8004-MG |
Titre du Marché | : Fourniture de matériels et équipements de sécurité dans l’aéroport de Toliara (matériels roulants) : voitures de 1ère intervention, camion de pompier et tracteurs avec gyrobroyeurs |
DAO N°
Date de lancement | : 13-ADEMA-F-PTML/2026
: 19 août 2026
|
1. Le Gouvernement de la République de Madagascar a sollicité un crédit de la Banque mondiale pour financer le coût du Projet de Transport Multimodal et Logistique (PTML) et a l’intention d’utiliser une partie des sommes accordées au titre de ce financement pour effectuer les paiements prévus au titre du marché Fourniture de matériels et équipements de sécurité dans l’aéroport de Toliara (matériels roulants) : voitures de 1ère intervention, camion de pompier et tracteurs avec gyrobroyeurs, 13-ADEMA-F-PTML/2026.
2. L’Unité de Coordination de Projet PTML / Aéroports De Madagascar (ADEMA) sollicite des offres fermées de la part de soumissionnaires éligibles et répondant aux qualifications requises pour fournir des matériels et équipements de sécurité dans l’aéroport de Toliara (matériels roulants) : voitures de 1ère intervention, camion de pompier et tracteurs avec gyrobroyeurs ainsi que les formations sur site. Le délai d’exécution est de ONZE (11) MOIS après l’Ordre de service de commencer les prestations. Les inspections et les essais seront réalisés à l’embarquement et aux lieux des destinations finales. La période de garantie sera de vingt-quatre (24) mois après la livraison. Aucune marge de préférence n’est accordée dans le cadre du présent appel d’offres.
3. La passation du Marché sera conduite par Mise en Concurrence internationale (AOI) tel que défini dans le « Règlement de Passation des Marchés pour les Emprunteurs sollicitant le Financement de Projets d’Investissement » de la Banque mondiale septième édition Septembre 2025, et ouvert à tous les soumissionnaires de pays éligibles tels que définis dans ledit Règlement.
4. Les Offres seront évaluées conformément au processus d'évaluation défini dans le dossier d'appel d'offres. Les pondérations suivantes s'appliqueront aux Critères notés (y compris les facteurs techniques et autres que le prix) : 30% et pour le coût de l'Offre : 70%.
5. Les soumissionnaires éligibles et intéressés peuvent obtenir des informations auprès de l’Unité de Coordination de Projet PTML et prendre connaissance des documents d’Appel d’offres durant les heures de bureau de 09h00 à 16h00 heures de Madagascar à l’adresse mentionnée ci-dessous.
6. Les Soumissionnaires intéressés et éligibles peuvent obtenir un dossier d’appel d’offres complet en français en formulant une demande écrite à l’adresse mentionnée ci-dessous. Le document d’appel d’offres sera adressé par voie électronique ou à récupérer auprès de l’Unité de Coordination de Projet du PTML.
7. Les offres devront être soumises à l’adresse ci-dessous au plus tard le 22 octobre 2026 à 14 :00 heures, (heure de Madagascar). La soumission des offres par voie électronique ne sera pas autorisée. Les offres remises en retard ne seront pas acceptées. Les enveloppes extérieures des Offres marquées « OFFRE ORIGINALE », et les enveloppes intérieures marquées « PARTIE TECHNIQUE » seront ouvertes publiquement en présence des représentants des Soumissionnaires et de toute personne choisissant d’être présente à l’adresse mentionnée ci-dessous à immédiatement après l’heure limite de remise des offres. Toutes les enveloppes marquées « PARTIE FINANCIERE DEUXIEME ENVELOPPE » devront rester non ouvertes et seront conservées en un lieu sûr par l’Acheteur jusqu’à la deuxième ouverture publique.
8. Les offres doivent comprendre une Garantie de l’Offre, pour le montant de : SIX MILLE CINQ CENT DOLLARS (6 500 USD) ou son équivalent en monnaie librement convertible.
9. L’attention est attirée sur le Règlement de Passation de Marchés exigeant que l’Emprunteur divulgue des informations sur la propriété effective du Soumissionnaire retenu, dans le cadre de la Notification d’Attribution du Marché, en utilisant le Formulaire de Divulgation des Bénéficiaires Effectifs tel qu’il est inclus dans le document d’appel d’offres.
10. L’(les) adresse(s) auxquelles il est fait référence ci-dessus est(sont) :
Unité de Coordination de Projet
Madame Le Coordonnateur du Projet
Rez-de-Chaussée de la Maison des projets, Enceinte de l’Agence Routière à Alarobia
Antananarivo 101, Madagascar
Adresses électroniques : vero.rakotomalala@ptml.mg, cc : rija.andrianaivoson@ptml.mg, mirana.rasoa@ptml.mg, vahatra.rajoelina@ptml.mg et gabriella.randrianarisoa@ptml.mg
Le Coordonnateur du Projet
Vero Rakotomalala
"},{"id":"OP00463933","notice_type":"Request for Expression of Interest","noticedate":"21-Aug-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-08-23T00:00:00Z","submission_deadline_time":"15:00","project_ctry_name":"Papua New Guinea","project_id":"P174637","project_name":"Child Nutrition and Social Protection Project","bid_reference_no":"PG-NDOH-569864-CS-INDV","bid_description":"Monitoring and Evaluation (M&E) Specialist","procurement_group":"CS","procurement_method_code":"INDV","procurement_method_name":"Individual Consultant Selection","contact_address":"National Department of Health\n AOPI Centre,\n Waigani Drive\n P O Box 807\n Waigani 131\n Port Moresby","contact_ctry_name":"Papua New Guinea","contact_email":"saisi789@gmail.com","contact_name":"Sharon Aisi","contact_organization":"National Department of Health","contact_phone_no":"675 301 3893","contact_web_url":"http://www.health.gov.pg/","submission_date":"2026-08-21T00:00:00Z","notice_text":"Important Notice:
This REOI relates to a previously conducted selection process under STEP Ref. No. PG-NDOH-500040-CS-INDV. The original REOI was published in UNDB on 4 August 2025 and in local newspapers, and the evaluation and selection process was subsequently completed.
Following the World Bank's No Objection, the activity was cancelled and re-entered in STEP for administrative processing purposes. Accordingly, this notice does not constitute a new invitation for Expressions of Interest, and no new submissions will be evaluated under this re-entered activity.
INDEPENDENT STATE OF PAPUA NEW GUINEA (PNG)
National Department of Health (NDOH)
Child Nutrition and Social Protection Project - P174637
Credit No. 70720-PG
Project ID No. P174637
Assignment Title: Monitoring and Evaluation Specialist
Reference No.: PG-NDOH- 569864-CS-INDV
The Independent Government of Papua New Guinea (GoPNG) has received financing from the World Bank, in the amount of US$90 million for the Child Nutrition and Social Protection Project (the Project). The Project seeks to promote the demand for and utilization of high-impact health and nutrition services as well as the uptake of critical positive nutrition behaviors, early stimulation, and positive childcare practices among households with pregnant women and mothers with children under 2 years (first 1,000-day). Among the three components of the Project, the National Department of Health (NDOH) will lead the implementation of the Project’s Component 1 activities which are within the purview of the health sector. Component 2 will be implemented by the Department for Community Development and Religion (DfCDR), and Component 3 will be implemented by the Department of Justice and Attorney General (DJAG).
NDOH is seeking to recruit a qualified and experienced Monitoring and Evaluation (M&E) Specialist to implement and progress monitoring, evaluation and learning activities under Component 1 of the CNSP project. The M&E Specialist will play a key role in developing the M&E strategy in accordance with the project’s Result Framework, monitoring project progress, implementing M&E activities and contributing to project reporting and build capacity of NDoH staff and Sub-grantees.
The assignment is expected to be part-time, requiring an estimated level of effort of 120 working days over a 12-month period, combining both on-site and remote inputs. The initial contract will be for 12 months, including a six-month probationary period. Subject to satisfactory performance and budget availability, the contract may be extended annually, up to the Project’s anticipated closing date of December 31, 2027.
NDOH 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 experience in similar assignments, similar conditions, etc.). Firms’ staff may express interest through the employing firm for the assignment and, under such situation, only the experience and qualifications of individuals shall be considered in the selection process.
The criteria for selecting the Consultant are:
Mandatory:
The candidate must meet all of the following:
• A master’s degree in a relevant field (e.g., social sciences, public health, international development, economics, or statistics).
o A bachelor’s degree may be accepted only if the candidate has at least 15 years of directly relevant M&E experience.
Desirable:
The following are not mandatory, but will strengthen the candidate’s application:
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, dated November 2020”, 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 (Section VII, paragraphs 7.34 to 7.37 refers).
"},{"id":"OP00463758","notice_type":"Contract Award","noticedate":"20-Aug-2026","notice_lang_name":"French","notice_status":"Published","project_ctry_name":"Burkina Faso","project_id":"P502472","project_name":"Restoring Education System Performance and Improving Resilience Project","bid_reference_no":"BF-REPAIR-558239-GO-RFQ","bid_description":"Acquisition de matériels informatiques et péri informatiques au profit de l'UGP/ REPAIR","procurement_group":"GO","procurement_method_code":"RFQ","procurement_method_name":"Request for Quotations","submission_date":"2026-08-20T00:00:00Z","notice_text":"Project:P502472-Restoring Education System Performance and Improving Resilience Project
Loan/Credit/TF Info:IDA-77810
Bid/Contract Reference No:BF-REPAIR-558239-GO-RFQ
Procurement Method:RFQ-Demande de prix
Scope of Contract:Acquisition de matriels informatiques et pri informatiques au profit de l'UGP REPAIR
Notice Version No:0
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.
Request for Bids
Plant
Design, Supply, and Installation
Two-envelope with Rated Criteria
RFB No: SZ-ECC-561950-CW-RFB
March 2025 |
Request for Bids
Eswatini Electricity Company
Procurement of
Design, Supply and Installation of 11kV Auto reclosers (Plant)
For the
Accelerating Sustainable and Clean Energy Access Transformation in Eswatini
Project ID No: P508960
Employer: Eswatini Electricity Company
Project: Accelerating Sustainable and Clean Energy Access Transformation - Eswatini
Contract title: Design, Supply and Installation of 11kV Auto reclosers (Plant)
Country: Kingdom of Eswatini
Loan No. /Credit No. / Grant No.: 7700-SZ
RFB No: SZ-ECC-561950-CW-RFB
Issued on: 19 August 2026
Standard Procurement Document
Table of Contents
PART 1 – Bidding Procedures. 3
Section I - Instructions to Bidders. 5
Section II - Bid Data Sheet 39
Section III - Evaluation and Qualification Criteria (After prequalification) 49
Section III - Evaluation and Qualification Criteria (Without prequalification) 59
Section IV - Bidding Forms. 77
Section V - Eligible Countries. 151
Section VI - Fraud and Corruption. 153
PART 2 - Employer’s Requirements. 157
Section VII - Employer’s Requirements. 159
PART 3 – Conditions of Contract and Contract Forms. 189
Section VIII - General Conditions of Contract 191
Section IX - Particular Conditions of Contract 291
Section X - Contract Forms. 297
PART 1 – Bidding Procedures
Section I - Instructions to Bidders
Contents
A. General 8
1. Scope of Bid. 8
2. Source of Funds. 9
3. Fraud and Corruption. 9
4. Eligible Bidders. 9
5. Eligible Plant and Installation Services. 12
B. Contents of Bidding Document 12
6. Sections of Bidding Document 12
7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting. 13
8. Amendment of Bidding Document 15
C. Preparation of Bids. 15
9. Cost of Bidding. 15
10. Language of Bid. 15
11. Documents Comprising the Bid. 15
12. Letters of Bid and Price Schedules. 17
13. Alternative Bids. 17
14. Documents Establishing the Eligibility of the Plant and Installation Services. 17
15. Documents Establishing the Eligibility and Qualifications of the Bidder 17
16. Documents Establishing the Conformity of the Plant and Installation Services. 18
17. Bid Prices and Discounts. 18
18. Currencies of Bid and Payment 21
19. Period of Validity of Bids. 21
20. Bid Security. 22
21. Format and Signing of Bid. 24
D. Submission of Bids. 24
22. Submission, Sealing and Marking of Bids. 24
23. Deadline for Submission of Bids. 25
24. Late Bids. 25
25. Withdrawal, Substitution, and Modification of Bids. 25
E. Public Opening of Technical Parts of Bids. 26
26. Public Opening of Technical Parts of Bids. 26
F. Evaluation of Bids- General Provisions. 27
27. Confidentiality. 27
28. Clarification of Bids. 28
29. Deviations, Reservations, and Omissions. 28
G. Evaluation of Technical Part of Bids. 29
30. Determination of Responsiveness of Technical Part 29
31. Eligibility and Qualifications of the Bidder 29
32. Detailed Evaluation of Technical Part 30
H. Notification of Evaluation of Technical Parts and Public Opening of Financial Parts. 30
33. Notification of Evaluation of Technical Parts and Public Opening of Financial Parts. 30
I. Evaluation of Financial Part of Bids. 32
34. Adjustments for Non-material Noconformities. 32
35. Correction of Arithmetic Errors. 32
36. Evaluation Process, Financial Part 32
37. Abnormally Low Bids. 33
38. Unbalanced or Front Loaded Bids. 33
J. Evaluation of Combined Technical and Financial Parts, Most Advantageous Bid and Notification of Intention to Award. 34
39. Evaluation of combined Technical and Financial Parts, Most Advantageous Bid. 34
40. Employer’s right to Accept Any Bid and to Reject Any or All Bids. 34
41. Standstill Period. 35
42. Notification of Intention to Award. 35
K. Award of Contract 35
43. Award Criteria. 35
44. Notification of Award. 35
45. Debriefing by the Employer 36
46. Signing of Contract 37
47. Performance Security. 37
48. Procurement Related Complaint 38
Section I - Instructions to Bidders
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Sexual Exploitation is defined as any actual or attempted abuse of position of vulnerability, differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another. Sexual Abuse is defined as the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.
A non-exhaustive list of (i) behaviors which constitute SEA and (ii) behaviors which constitute SH is attached to the Code of Conduct form in Section IV. |
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PART 1. Bidding Procedures
PART 2. Employer’s Requirements
PART 3. Conditions of Contract and Contract Forms
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Schedule No. 1: Plant (including Mandatory Spare Parts) Supplied from Abroad Schedule No. 2: Plant (including Mandatory Spare Parts) Supplied from within the Employer’s Country Schedule No. 3: Design Services Schedule No. 4: Installation Services Schedule No. 5: Grand Summary (Schedule Nos.1 to 4) Schedule No. 6: Recommended Spare Parts
The price of the Plant shall be quoted on CIP-named place of destination basis as specified in the BDS.
(i) The price of the Plant shall be quoted on an EXW Incoterm basis (such as “ex-works,” “ex-factory,” “ex-warehouse” or “off-the-shelf,” as applicable), including all customs duties, sales and other taxes already paid or payable on the components and raw materials used in the manufacture or assembly of the Plant; (ii) Sales tax and all other taxes payable in the Employer’s Country on the Plant if the contract is awarded to the Bidder;
(e) Recommended spare parts shall be quoted separately (Schedule 6) as specified in either subparagraph (a) or (b) above in accordance with the origin of the spare parts.
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from a reputable source from an eligible country. If an unconditional guarantee is issued by a non-bank financial institution located outside the Employer’s Country the issuing non-bank financial institution shall have a correspondent financial institution located in the Employer’s Country to make it enforceable unless the Employer has agreed in writing, prior to Bid submission, that a correspondent financial institution is not required. In the case of a bank guarantee, the Bid Security shall be submitted either using the Bid Security Form included in Section IV, Bidding Forms, or in another substantially similar format approved by the Employer prior to Bid submission. The Bid Security shall be valid for twenty-eight (28) days beyond the original date of expiry of the Bid validity, or beyond any extended date if requested under ITB 19.2.
the Borrower may, if provided for in the BDS, declare the Bidder disqualified to be awarded a contract by the Employer for a period of time as stated in the BDS. |
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(a) “Deviation” is a departure from the requirements specified in the bidding document; (b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the bidding document; and (c) “Omission” is the failure to submit part or all of the information or documentation required in the bidding document.
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Section II - Bid Data Sheet The following specific data for the Facilities to be procured shall complement, supplement, or amend the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the provisions herein shall prevail over those in ITB. | |||||||||||||||||||||||||||||||||||||||
A. General | |||||||||||||||||||||||||||||||||||||||
ITB 1.1 | The reference number of the Request for Bids (RFB) is: SZ-ECC-561950-CW-RFB The Employer is: Eswatini Electricity Company (EEC). The name of the RFB is: Design, Supply and Installation of 11kV Auto reclosers (Plant) The number and identification of lots (contracts) comprising this RFB is: one (1) | ||||||||||||||||||||||||||||||||||||||
ITB 1.2 (a) | N/A | ||||||||||||||||||||||||||||||||||||||
ITB 2.1 | The Borrower is: Government of Kingdom of Eswatini Loan or Financing Agreement amount: US$90 million The name of the Project is: Accelerating Sustainable and Clean Energy Access Transformation (ASCENT) Eswatini | ||||||||||||||||||||||||||||||||||||||
ITB 4.1 | Maximum number of members in the JV shall be: Three (3) | ||||||||||||||||||||||||||||||||||||||
ITB 4.5 | A list of debarred firms and individuals is available on the Bank’s external website: http://www.worldbank.org/debarr. | ||||||||||||||||||||||||||||||||||||||
ITB 4.11 | This Bidding Process is not subject to prequalification. | ||||||||||||||||||||||||||||||||||||||
B. Bidding Document | |||||||||||||||||||||||||||||||||||||||
ITB 7.1 | For Clarification of Bid purposes only, the Employer’s address is: Attention: Mr. Bongani Chauke, Procurement Manager Address: Po Box 258, Head Office, Eluvatsini House, Floor/Room number: Ground Floor City: Mbabane Country: Kingdom of Eswatini (Swaziland) Telephone: +268 2409 4065 Electronic mail address: bongani.chauke@eec.co.sz and thobeka.gama@eec.co.sz Requests for clarification should be received by the Employer no later than: 12 October 2026. Web page: www.eec.co.sz | ||||||||||||||||||||||||||||||||||||||
ITB 7.4 | A pre-bid meeting shall take place at the following date, time and place: Date: 10 September 2026 Time: 10h00 SAST Place: Virtual Join: https://teams.microsoft.com/meet/350969007718107?p=iaBABpQyLOD1SvWqoV Meeting ID: 350 969 007 718 107 Passcode: vZ7TW3mc A non-compulsory site visit conducted by the Employer shall be on 17nth and 18nth September 2026 Telephone: +268 2409 4062 E-mail: thobeka.gama@eec.co.sz copied to bongani.chauke@eec.co.sz Contact person/conference coordinator: Ms. Thobeka Gama, Procurement Specialist | ||||||||||||||||||||||||||||||||||||||
ITB 7.6 | The Employer shall not publish the Minutes of the pre-Bid meeting on the web page. However, the minutes of the pre-Bid meeting will be circulated to all bidders who have purchased the bidding document. | ||||||||||||||||||||||||||||||||||||||
C. Preparation of Bids | |||||||||||||||||||||||||||||||||||||||
ITB 10.1 | The language of the Bid is: English All correspondence exchange shall be in English language. Language for translation of supporting documents and printed literature is English. | ||||||||||||||||||||||||||||||||||||||
ITB 11.2 (i) | The Bidder shall submit the following additional documents in the Technical Part of its Bid: Code of Conduct for Contractor’s Personnel (ES) The Bidder shall submit its Code of Conduct that will apply to Contractor’s Personnel (as defined in Sub-Clause 1.1.17 of the General Conditions of Contract), to ensure compliance with the Contractor’s Environmental and Social (ES) obligations under the Contract. The Bidder shall use for this purpose the Code of Conduct form provided in Section IV. No substantial modifications shall be made to this form, except that the Bidder may introduce additional requirements, including as necessary to take into account specific Contract issues/risks. A satisfactory code of conduct will contain obligations on all Contractor’s Personnel project staff (including sub-contractors and day workers) that are suitable to address the following issues, as a minimum. Additional obligations may be added to respond to particular concerns of the region, the location and the project sector or to specific project requirements. The code of conduct shall contain a statement that the term “child” / “children” means any person(s) under the age of 18 years. The issues to be addressed include: 1. Compliance with applicable laws, rules, and regulations. 2. Compliance with applicable health and safety requirements to protect the local community, the Employer’s Personnel, and the Contractor’s Personnel 3. Interactions with the local community(ies), members of the local community (ies), and any affected person(s) (for example to convey an attitude of respect, including to their culture and traditions) 4. Sexual harassment 5. Sexual exploitation and abuse 6. Protection of children (including prohibitions against sexual activity or abuse, or otherwise unacceptable behavior towards children, limiting interactions with children, and ensuring their safety in project areas) 7. Sanitation requirements 8. Non retaliation against workers who report violations of the Code, if that report is made in good faith. Management Strategies and Implementation Plans (MSIP) to manage the (ES) risks The Bidder shall submit Management Strategies and Implementation Plans (MSIPs) to manage the following key Environmental and Social (ES) risks:
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ITB 11.3(d) | The Bidder shall submit the following additional documents in the Financial Part of its Bid: N/A | ||||||||||||||||||||||||||||||||||||||
ITB 13.1 | Alternative Bids shall not be considered. | ||||||||||||||||||||||||||||||||||||||
ITB 13.2 | Alternatives to the Time Schedule shall not be permitted. | ||||||||||||||||||||||||||||||||||||||
ITB 13.4 | Alternative technical solutions shall not be permitted for the Plant and Installation Services. | ||||||||||||||||||||||||||||||||||||||
ITB 17.1 | Bidders shall quote for the following components or services on a single responsibility basis:
and The supply of the following components or services will be provided under the responsibility of the Employer:
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ITB 17.5 (a) and (d) | Place of destination: Matsapha Central Services Organization (CSO) – EEC Main Stores, Matsapha. Final destination (Project Site): Various projects sites across the country with 150 km radius from the Matsapha Central Services Organization (CSO) – EEC Main Stores, Matsapha. | ||||||||||||||||||||||||||||||||||||||
ITB 17.6 | The Incoterms edition is: CIP-INCOTERMS 2020 | ||||||||||||||||||||||||||||||||||||||
ITB 17.7 | The prices quoted by the Bidder shall not be subject to adjustment during the performance of the Contract. | ||||||||||||||||||||||||||||||||||||||
ITB 18.1 | The currency of bid and payment for Bidder from the Common Monetary Area (CMA) Countries shall be Employer’s Country Lilangeni (SZL). Bidder from outside the Common Monetary Area (CMA) Countries is not required to quote in the currency of the Employer’s Country Lilangeni (SZL), the portion of the Bid price that corresponds to expenditures incurred in the Employer’s Country currencies. | ||||||||||||||||||||||||||||||||||||||
ITB 19.1 | The Bid shall be valid until: 23 January 2027 | ||||||||||||||||||||||||||||||||||||||
ITB 19.3 (a) | The Bid price shall be adjusted by the following factor(s): Not Applicable. | ||||||||||||||||||||||||||||||||||||||
ITB 20.1 | A Bid Security shall be required. A Bid-Securing Declaration shall not be required. If a Bid Security shall be required, the amount and currency of the Bid Security shall be E50,000.00 | ||||||||||||||||||||||||||||||||||||||
ITB 20.3 (d) | Other types of acceptable securities: NONE | ||||||||||||||||||||||||||||||||||||||
ITB 20.9 | Not applicable | ||||||||||||||||||||||||||||||||||||||
ITB 21.3 | The written confirmation of authorization to sign on behalf of the Bidder shall consist of “Power of Attorney” (either notarized or attested by the appropriate authority in the Bidder’s home country) along with a copy of relevant Board Resolution. Note: The Power of Attorney shall indicate that the person signing the Bid has the authority to sign the Bid and the Bid is binding upon the Bidder during the full period of its validity. In case of a Joint venture Bid, the Power of Attorney shall be signed by the appropriate official of each of the JV partner. | ||||||||||||||||||||||||||||||||||||||
D. Submission and Opening of Bids | |||||||||||||||||||||||||||||||||||||||
ITB 22.1 | In addition to the original Bid, the number of copies is: Two (2). Notes:
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ITB 23.1 | For Bid submission purpose only, the Procuring Agency’s address is: Eswatini Electricity Company Attention: Mr. Bongani Chauke Street Address: Eluvatsini House, Mhlambanyatsi Road Floor/ Room number: Reception City: Mbabane Country: Kingdom of Eswatini The deadline for Bid submission is: Date: 23 October 2026 Time:11h00 SAST Bidders shall not have the option of submitting their Bids electronically. | ||||||||||||||||||||||||||||||||||||||
E. Public Opening of Technical Parts of Bids | |||||||||||||||||||||||||||||||||||||||
ITB 26.1 | The Bid opening shall take place at: EEC Head Office Street Address: Eluvatsini House, Mhlambanyatsi Road Floor/ Room number: Reception, Cubicle 1 City: Mbabane Country: Kingdom of Eswatini Date: 23 October 2026 Time: 11.15 AM SAST The electronic Bid opening procedures shall be: N/A | ||||||||||||||||||||||||||||||||||||||
ITB 26.6 | The Letter of Bid - Technical Part and the sealed envelope marked “Second Envelope - Financial Part” shall be initialed by at least three (3) representatives of the Employer conducting Bid opening. | ||||||||||||||||||||||||||||||||||||||
G. Evaluation of Technical Part of Bids | |||||||||||||||||||||||||||||||||||||||
ITB 32.2 | The weight to be given for Rated Criteria (including technical and non-price factors) is: 0.5(50 %) The technical factors and sub-factors, which for purposes of this document carry the same meaning as Rated Criteria, and the corresponding scores in % are:
Note:
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H. Notification of Evaluation of Technical Parts and Public Opening of Financial Parts | |||||||||||||||||||||||||||||||||||||||
ITB 33.5 | The Letter of Bid – Financial Part and Schedules shall be initialed by three (3) representatives of the Employer conducting Bid opening. Each Financial Part of Bid shall be initialed by 3 representatives of the employer conducting the financial opening. Any modification to the total price shall be recorded and initialed by 3 Representatives of the Employer. | ||||||||||||||||||||||||||||||||||||||
I. Evaluation of Financial Part of Bids | |||||||||||||||||||||||||||||||||||||||
36.1(f) | The adjustments shall be determined using the following criteria, from amongst those set out in Section III, Evaluation and Qualification Criteria:
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ITB 36.2
| The currency that shall be used for Bid evaluation and comparison purposes to convert at the selling exchange rate all Bid prices expressed in various currencies into a single currency is: Lilangeni (SZL) The source of exchange rate shall be: Central Bank of Eswatini The date for the exchange rate shall be: 23 October 2026 | ||||||||||||||||||||||||||||||||||||||
J. Evaluation of Combined Technical and Financial Parts and Most Advantageous Bid | |||||||||||||||||||||||||||||||||||||||
ITB 39.1 | The weight to be given for cost is: 0.5 (50%) | ||||||||||||||||||||||||||||||||||||||
K. Award of Contract | |||||||||||||||||||||||||||||||||||||||
ITB 48.1 | The procedures for making a Procurement-related Complaint are detailed in the “Procurement Regulations for IPF Borrowers (Annex III).” If a Consultant wishes to make a Procurement-related Complaint, the Consultant shall submit its complaint following these procedures, In Writing (by the quickest means available, such as by email or fax), to: For the attention: Mr. Mphumuzi Maziya Title/position: Managing Director Client: Eswatini Electricity Company Email address: mphumuzi.maziya@eec.co.sz copied bongani.chauke@eec.co.sz A copy of the complaint can be sent for the Bank’s information and monitoring to: pprocurementcomplaints@worldbank.org In summary, a Procurement-related Complaint may challenge any of the following:
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Section III - Evaluation and Qualification Criteria (Without prequalification)
This section contains all the criteria that the Employer shall use to evaluate Bids and qualify Bidders. No other factors, methods or criteria shall be used other than specified in this Bidding document. The Bidder shall provide all the information requested in the forms included in Section IV, Bidding Forms.
Wherever a Bidder is required to state a monetary amount, Bidders should indicate the USD equivalent using the rate of exchange determined as follows:
Exchange rates shall be taken from the publicly available source identified in the ITB 36.2. Any error in determining the exchange rates in the Bid may be corrected by the Employer.
Table of Contents
1. Qualification. 61
2. Evaluation of Technical Part 62
3. Evaluation of Financial Part 64
4. Combined Evaluation. 66
5. Multiple Contracts. 66
1.1 Qualification Requirements
The Bidder’s qualification shall be assessed in accordance with the Qualification table included in this section.
1.2 Contractor’s Representative and other Key Personnel
The Bidder must demonstrate that it will have suitably qualified Contractor’s Representative and other suitably qualified (and in adequate numbers) key personnel, as described in the Employer’s Requirements.
The Bidder shall provide details of the Contractor’s Representative and other key personnel, and such other key personnel that the Bidder considers appropriate, together with their academic qualifications and work experience. The Bidder shall complete the relevant Forms in Section IV, Bid Forms.
1.3 Equipment
The Bidder must demonstrate that it will have access to the key equipment required to perform the contract.
The Bidder shall provide further details of proposed items of equipment using the relevant Form in Section IV.
1.4 Subcontractors/Manufacturers
Subcontractors/manufacturers for major items of supply or services identified in the Initial Selection document must meet or continue to meet the minimum criteria specified therein for each item.
Subcontractors for the following additional major items of supply or services must meet the following minimum criteria, herein listed for that item:
Item No. | Description of Item | Minimum Criteria to be met |
1 | Telecommunication equipment | 5 years’ experience in supplying and installing telecommunication equipment |
2 | Overhead line construction | 5 years’ experience in distribution infrastructure construction |
3 | 11kV Auto reclosers | 10 years’ experience in the manufacturing of auto reclosers |
4 | Protection and SCADA | 10 Years experience in protection and automation of electrical transmission or distribution systems |
Failure to comply with this requirement will result in rejection of the subcontractor.
In the case of a Bidder who offers to supply and/or install Plant and equipment under the contract that the Bidder did not manufacture or otherwise produce and/or install, the Bidder shall provide the manufacturer’s authorization, using the form provided in Section IV, showing that the Bidder has been duly authorized by the manufacturer or producer of the related Plant and equipment or component to supply and/or install that item in the Employer’s country. The Bidder is responsible for ensuring that the manufacturer or producer complies with the requirements of ITB 4 and ITB 5 and meets the minimum criteria listed above for that item.
The total technical points assigned to each Bid in the Evaluated Bid Formula will be determined by adding and weighting the scores assigned by an evaluation committee to technical factors of the Bid in accordance with the criteria set forth below.
No. | Rated Criterion | Weight | Key Assessment Considerations |
1 | Specific Experience of bidder, capability and suitability of subcontractors | 15% |
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2 | Technical compliance and plant design solution | 25% |
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3 | Approach, Methodology, method statement and implementation plan | 20% |
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4 | Key personnel and project organization | 20% |
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5 | Programme, schedule and delivery plan | 5% |
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6 | Cybersecurity risk management and innovation | 5% |
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7 | Training, documentation, warranties and lifecycle support | 10% |
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Total | 100% |
TECHINICAL PART SCORING METHOLOGY
Evaluators will apply the following scoring guidance consistently to each rated criterion. Scores will be based on the extent to which the bidder’s submission demonstrates compliance, completeness, relevance, credibility of evidence, and practical suitability for the required scope of work.
Score | Rating | General Scoring Guidance |
0 | Non-responsive / No evidence | The submission does not address the criterion, provides no relevant evidence, or contains information that is materially non-compliant with the requirements. The response gives the evaluator no reasonable basis to confirm capability, compliance, or suitability. |
1 | Poor | The submission addresses the criterion only superficially or partially. Evidence is weak, generic, insufficient, incomplete, or not clearly relevant to the required scope. There are significant gaps, uncertainties, or weaknesses that may create delivery, compliance, performance, safety, operational, or support risks. |
2 | Acceptable | The submission adequately addresses the criterion and demonstrates basic compliance with the requirements. Evidence is generally relevant and sufficient, although some details may be missing or not fully developed. Any minor weaknesses are manageable and are not expected to materially affect delivery of the required scope. |
3 | Good | The submission addresses the criterion clearly and comprehensively. Evidence is relevant, credible, and well aligned with the requirements. The response demonstrates sound understanding, suitable capability, and a practical approach marginally exceeding minimum or generic standards. Even if there are very minor omissions or risks that can be readily clarified or managed. |
4 | Excellent | The submission fully addresses the criterion and exceeds the minimum requirements in a meaningful and relevant way. Evidence is strong, specific, verifiable, and directly applicable to the scope. The response demonstrates superior capability, robust risk controls, clear interfaces, reliable delivery arrangements, and added value without introducing unacceptable risk. |
The score for each sub- factor (i) within a factor (j) will be combined with the scores of sub- factors in the same factor as a weighted sum to form the Factor Technical Score using the following formula:
where:
tji = the technical score for sub- factor “i” in factor “j”
wji = the weight of sub- factor “i” in factor “j”,
k = the number of scored sub-factors in factor “j”
and
The Factor Technical Scores will be combined in a weighted sum to form the total Technical Part Score using the following formula:
where:
Sj = the Factor Technical Score of factor “j”
Wj = the weight of factor “j” as specified in the BDS
n = the number of Factors
and
Note: After the technical evaluation only, only bids that attains a score of 70 % and or above shall be considered for financial evaluation.
The following factors and methods will apply:
Time to complete the Plant and Installation Services from the effective date specified in Article 3 of the Contract Agreement for determining time for completion of pre-commissioning activities is 6 months. No credit will be given for earlier completion.
Note: A compliant Bid must offer a contract completion within the time specified above. Bids offering a completion date beyond the maximum designated period shall be rejected as non-responsive.
None
The minimum requirements stated in the Specification for functional guarantees required in the Specification are:
Functional Guarantee | Minimum (or Maximum, as appropriate) Requirement |
1. All 11 kV auto reclosers as stated in the employer’s requirements. | 100% operational functionality throughout the Warranty Period & Design Life. |
The performance figures quoted on forms-FUNC and Technical Data Sheet shall be guaranteed within the tolerances permitted by relevant standards listed under Part-II, Employer’s Requirement, and shall become a part of the successful Bidder's Contract. For the purposes of evaluation, for each percentage point the functional guarantee of the proposed Plant and Installation Services is below the norm specified in the Specification and in the above table, but above the minimum acceptable levels also specified therein, an adjustment of 5% will be added to the Bid price. If the drop below the norm the Auto reclosers will be rejected.
None
None
The Employer will evaluate and compare the Bids that have been determined to be substantially responsive.
An Evaluated Bid Score (B) will be calculated for each responsive Bid using the following formula, which permits a comprehensive assessment of the evaluated cost and the technical merits of each Bid:
where
C = Evaluated Bid Cost
C low = the lowest of all Evaluated Bid Costs among responsive Bids
T = the total Technical Score awarded to the Bid
Thigh = the Technical Score achieved by the Bid that was scored best among all responsive Bids
X = weight for Cost as specified in the BDS
The Bid with the best evaluated Bid Score (B) among responsive Bids shall be the Most Advantageous Bid provided the Bidder is qualified to perform the Contract.
……………………………………………………………………………………
2. Qualification
Factor | 1 Eligibility | |||||
Sub-Factor | Criteria | Documentation Required | ||||
Requirement | Bidder | |||||
Single Entity | Joint Venture(existing or intended) | |||||
All members combined | Each Partner | At least one Partner | ||||
1.1 Nationality | Nationality in accordance with ITB 4.4. | Must meet requirement | must meet requirement | Must meet requirement | N / A | Form ELI –1.1 and 1.2, with attachments |
1.2 Conflict of Interest | No- conflicts of interests as described in ITB 4.2 | Must meet requirement | must meet requirement | Must meet requirement | N / A | Letter of Bid |
1.3 Bank Ineligibility | Not having been declared ineligible by the Bank as described in 4.5. | Must meet requirement | must meet requirement | Must meet requirement | N / A | Letter of Bid |
1.4 State Owned Enterprise or Institution | Compliance with conditions of ITB 4.6 | Must meet requirement | Must meet requirement | Must meet requirement | N / A | Form ELI –1.1 and 1.2, with attachments |
1.5 Ineligibility based on a United Nations resolution or Borrower’s country law | Not having been excluded as a result of the Borrower’s country laws or official regulations, or by an act of compliance with UN Security Council resolution, in accordance with ITB 4.8and Section V. | Must meet requirement | must meet requirement | Must meet requirement | N / A | Letter of Bid |
Factor | 2. Historical Contract Non-Performance | |||||
Sub-Factor | Criteria | Documentation Required | ||||
Requirement | Bidder | |||||
Single Entity | Joint Venture (existing or intended) | |||||
All members combined | Each member | At least one member | ||||
2.1 History of non-performing contracts | Non-performance[1]of a contract did not occur within the last 5 years prior to the deadline for application submission, based on all information on fully settled disputes or litigation. A fully settled dispute or litigation is one that has been resolved in accordance with the Dispute Resolution Mechanism under the respective contract, and where all appeal instances available to the Bidder have been exhausted. | Must meet requirement by itself or as member to past or existing JV | N / A | Must meet requirement[2] | N / A | Form CON - 2 |
2.2 Suspension | Not under suspension based on execution of a Bid Securing Declaration or Proposal Securing Declaration pursuant to ITB 4.7 and ITB 20.9 | Must meet requirement | Must meet requirement | Must meet requirement | Must meet requirement | Letter of Bid |
2.3 Pending Litigation | Bid’s financial position and prospective long term profitability still sound according to criteria established in 3.1 below and assuming that all pending litigation will be resolved against the Bidder | Must meet requirement
| N / A | Must meet requirement | N / A | Form CON – 2 |
2.4 Litigation History | No consistent history of court/arbitral award decisions against the Bidder[3]since 1st January 2021
| Must meet requirement | Must meet requirement | Must meet requirement | N/A | Form CON – 2 |
2.5 Declaration: Environmental and Social (ES) past performance | Declare any contract that has been suspended or terminated and/or performance security called by an employer for reasons of breach of environmental, or social (including Sexual Exploitation, and Abuse) contractual obligations in the past five years.[4] | Must make the declaration. Where there are Specialized Subcontractor/s, the Specialized Subcontractor/s must also make the declaration. |
N/A | Each must make the declaration. Where there are Specialized Subcontractor/s, the Specialized Subcontractor/s must also make the declaration. |
N/A | Form CON-3 ES Performance Declaration |
2.6 Bank’s SEA and/or SH Disqualification | At the time of Contract Award, not subject to disqualification by the Bank for non-compliance with SEA/ SH obligations | Must meet requirement (including each subcontractor proposed by the Bidder) | N/A | Must meet requirement (including each subcontractor proposed by the Bidder) | N/A | Letter of Bid, Form CON-4 |
Factor | 3 Financial Situation | ||||||
Sub-Factor | Criteria | Documentation Required | |||||
Requirement | Bidder | ||||||
Single Entity | Joint Venture (existing or intended) | ||||||
All members combined | Each member | At least one member | |||||
3.1 Financial Capabilities | Submission of audited balance sheets or if not required by the law of the Bidder’s Country, other financial statements acceptable to the Employer, for the last three [3] years to demonstrate the current soundness of the Bidders financial position and its prospective long-term profitability. | Must meet requirement | N / A | Must meet requirement | N / A | Form FIN – 3.1 with attachments | |
3.2 Average Annual Turnover
| Minimum average annual construction turnover in supply and installation of electricity distribution infrastructure of US$ 1,720,000.00 (One million, seven hundred and twenty thousand), calculated as total certified payments received for contracts in progress and/or completed within the last three (3) years, | Must meet requirement | Must meet requirement | Must meet at least 30 % of the requirement | Must meet at least 70 % of the requirement | Form FIN –3.2 | |
3.3 Financial Resources
| The Bidder must demonstrate access to, or availability of, financial resources such as liquid assets, unencumbered real assets, lines of credit, and other financial means, other than any contractual advance payments to meet: (i) the following cash-flow requirement: USD $ 430,000.00 (four hundred and thirty thousand) and (ii) the overall cash flow requirements for this contract and its current commitments. | Must meet requirement | Must meet requirement | Must meet at least 30 % of the requirement | Must meet at least 70 % of the requirement | Form FIN –3.3 | |
Factor | 4 Experience | ||||||
Sub-Factor | Criteria | Documentation Required |
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Requirement | Bidder |
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Single Entity | Joint Venture (existing or intended) |
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All members combined | Each member | At least one member |
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4.1 General Experience | Experience in supply, installation and commissioning of electricity distribution control systems under contracts in the role of main contractor, JV member, subcontractor, or management contractor for at least the last five (5) years starting 1st January 2021 | Must meet requirement
| N / A | Must meet requirement
| N / A | Form EXP-4.1 |
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4.2(a) Specific Experience | (a)Participation as contractor, joint venture member[5], management contractor, or subcontractor, in at least two (2) contracts within the last eight (8) years (from 1 January 2018), each with a value of at least $860,000.00 that have been successfully and substantially[6]completed and that are similar to the proposed Plant and Installation Services. The similarity of the contracts shall be based on the physical size, complexity, methods, technology or other characteristics as described in Section VII, Employer’s Requirements. | Must meet requirement | Must meet requirements[7] | N / A | Must meet the following requirements for the key activities listed below
| Form EXP 4.2(a)
|
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4.2(b) Specific Experience | (b) For the above or other contracts executed during the period stipulated in 4.2(a) above, a minimum experience in the following key activities:
Bidders should submit details of previous projects and reference letters from clients in support of the projects they are using to demonstrate their qualifications. The Employer may make independent inquiries about any or all of the projects referenced by bidders and may visit and examine the projects used by Bidders in support of their qualifications. | Must meet requirements
| Must meet requirements[8] | N / A | Must meet the requirements | Form EXP-4.2(b) |
|
4.2 (c) Specific Experience in managing ES aspects | For the contracts in 4.2 (a) above and/or any other contracts [substantially completed and under implementation] as prime contractor, joint venture member, or Subcontractor between 1st January 2021 and Application submission deadline, experience in managing ES risks and impacts in the following aspects:
| Must meet requirements
| Must meet requirements
| N/A
| N/A
| Form EXP – 4.2 (c) |
|
Section IV - Bidding Forms |
Table of Forms
Letter of Bid- Technical Part 79
Technical Proposal 82
Site Organization. 83
Method Statement 84
Mobilization Schedule. 85
Construction Schedule. 86
ES Management Strategies and Implementation Plans (ES-MSIP) 87
Sustainable Procurement Proposal 88
Risk assessment and Proposed Management Plan. 89
Code of Conduct for Contractor’s Personnel (ES) Form.. 90
Plant 94
Contractor’s Equipment 95
Functional Guarantees. 96
Personnel 97
Resume of Proposed Personnel 99
Proposed Subcontractors for Major Items of Plant and Installation Services. 100
Others - Time Schedule. 101
Bidders Qualification without prequalification. 115
Bidder Information Sheet 116
Party to JV Information Sheet 117
Historical Contract Non-Performance, Pending Litigation and Litigation History. 118
Current Contract Commitments / Works in Progress. 124
Financial Situation. 125
Historical Financial Performance. 125
Average Annual Turnover 127
Financial Resources. 128
Experience. 129
General Experience. 129
Specific Experience. 131
Specific Experience in Key Activities. 133
Form of Bid Security. 136
Form of Bid Security – Bank Guarantee. 136
Form of Bid Security- Bid Bond. 138
Form of Bid-Securing Declaration. 139
Manufacturer’s Authorization. 140
Schedule of Rates and Prices. 143
Schedule No. 1. Plant and Mandatory Spare Parts Supplied from Abroad. 143
Country of Origin Declaration Form.. 144
Schedule No. 2. Plant and Mandatory Spare Parts Supplied from Within the Employer’s Country. 145
Schedule No. 3. Design Services. 146
Schedule No. 4. Installation and Other Services. 147
Schedule No. 5. Grand Summary. 148
Schedule No. 6. Recommended Spare Parts. 149
Price Adjustment 150
Letter of Bid- Technical Part
INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE DOCUMENT The Bidder must prepare this Letter of Bid on stationery with its letterhead clearly showing the Bidder’s complete name and business address. Note: All italicized text is to help Bidders in preparing this form. |
Date of this Bid submission: [insert date (as day, month and year) of Bid submission]
RFB No.: [insert number of RFB process]
Alternative No.:[insert identification No if this is a Bid for an alternative]
We, the undersigned, hereby submit our Bid, in two parts, namely:
In submitting our Bid, we make the following declarations:
We [where JV, insert: “including any of our JV members”], and any of our subcontractors:
;
Name of the Bidder: *[insert complete name of the Bidder]
Name of the person duly authorized to sign the Bid on behalf of the Bidder: **[insert complete name of person duly authorized to sign the Bid]
Title of the person signing the Bid: [insert complete title of the person signing the Bid]
Signature of the person named above: [insert signature of person whose name and capacity are shown above]
Date signed [insert date of signing] day of [insert month], [insert year]
*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as Bidder
**: Person signing the Bid shall have the power of attorney given by the Bidder to be attached with the Bid
Technical Proposal |
Site Organization
Method Statement
[Note to the Bidder: (i) As required in BDS 11.2 (i), also include method statement, management strategies, implementation plans and innovations; (ii) if there are assessed supply chain risks, the method statement must include proposed supply chain risks management plans.]
In addition, the Bidder/Contractor shall establish, implement and maintain a Method Statement for its specific Occupational Health & Safety (OHS) risks on site and describe mitigation measures to keep high risks under control. Method Statement is a type of health and safety document that Contractor shall use for high-risk work. It describes the steps (method) that workers must take to carry out a particular job safely. Primarily, they are for the benefit of those who will physically be carrying out the work, usually those working in the construction sector.
The document shall identify the potential hazards that may arise during a particular task and outline the necessary precautions that must be put in place and taken by workers. The statement must be as simple as possible to avoid any misinterpretations that could result in injury. Workers involved in the work shall read it, understand what is expected of them and follow the measures that are in place to keep them safe. Method Statement shall be approved by the Employer.
The Bidder/Contractor shall describe the method of work to keeping under control high risks and establish a permit to work system and issue a permit to work (PTW) for specific work. PTW shall be issued, but is not limited to, working at height, working in confined spaces, lone work, asbestos, hot work and the use of dangerous plant. Method Statements shall contain the following items but not limited to:
Mobilization Schedule
[Insert Technical Proposal for Mobilization Schedule]
Construction Schedule
The Bidder should chalk out proper mobilisation schedule and construction schedule along with the CPM/ PERT charts for execution of the Contract as a whole. Since no extension of time is anticipated unless exclusively warranted under critical circumstances, work programme for all key activities that may have bearing on project implementation should be clearly shown within the overall project schedule. For example, time required for import of equipment and construction materials together with time schedule within the overall schedule for preconstruction activities like surveys and investigations and preparation of construction drawings.
ES Management Strategies and Implementation Plans (ES-MSIP)
The Bidder shall submit comprehensive and concise Environmental and Social Management Strategies and Implementation Plans (ES-MSIP) as required by ITB 11.1 (j) of the Bid Data Sheet. These strategies and plans shall describe in detail the actions, materials, equipment, management processes etc. that will be implemented by the Contractor, and its subcontractors.
In developing these strategies and plans, the Bidder shall have regard to the ES provisions of the contract including those as may be more fully described in the Employer’s Requirements in Section VII.
Sustainable Procurement Proposal
Note to Bidder: In addition to submitting the required ES Management Strategies and Implementation Plans, the Bidder shall provide its proposal to demonstrate how additional sustainable procurement requirements, if any, specified in Section VII- Employer’s Requirements would be addressed. The Bidder shall also provide its proposal, if any, for exceeding the sustainable procurement requirements.
Risk assessment and Proposed Management Plan
The Bidder should submit a risk register identifying the hazards anticipated during the implementation of the contract.
For the key hazards ranked by impact, the risk register shall include a description of the hazard, an assessment of the potential impact on health and safety, environment, cost, program or other, and the proposed mitigation strategy for each hazard.
Note to the Bidder: The minimum content of the Code of Conduct form as set out by the Employer shall not be substantially modified. However, the Bidder may add requirements as appropriate, including to take into account Contract-specific issues/risks. The Bidder shall initial and submit the Code of Conduct form as part of its bid.
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Code of Conduct for Contractor’s Personnel (ES) Form
Note to the Employer: The following minimum requirements shall not be modified. The Employer may add additional requirements to address identified issues, informed by relevant environmental and social assessment. The types of issues identified could include risks associated with: labour influx, spread of communicable diseases, and Sexual Exploitation and Abuse (SEA), Sexual Harassment (SH) etc. Delete this Box prior to issuance of the bidding documents.
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We are the Contractor, [enter name of Contractor]. We have signed a contract with [enter name of Employer] for [enter description of the Facilities]. The Plant for the Facilities will be installed at [enter the Site]. Our contract requires us to implement measures to address environmental and social risks, related to the Installation Services i.e. services ancillary to the supply of the Plant for the Facilities, such as inland transportation, site preparation works/ associated civil works, installation, testing, precommissioning, commissioning, operations and maintenance etc. as the case may require.
This Code of Conduct is part of our measures to deal with environmental and social risks related to the Installation Services.
All personnel that we utilize in the execution of the Contract, including staff, labor and other employees of us and of each Subcontractor, and any other personnel assisting us in the execution of the Contract, are referred to as Contractor’s Personnel.
This Code of Conduct identifies the behavior that we require from the Contractor’s Personnel employed for the execution of Installation Services at the Site (or other places in the country where the Site is located).
Our workplace is an environment where unsafe, offensive, abusive or violent behavior will not be tolerated and where all persons should feel comfortable raising issues or concerns without fear of retaliation.
REQUIRED CONDUCT
Contractor’s Personnel employed for the execution of Installation Services at the Site (or other places in the country where the Site is located) shall:
RAISING CONCERNS
If any person observes behavior that he/she believes may represent a violation of this Code of Conduct, or that otherwise concerns him/her, he/she should raise the issue promptly. This can be done in either of the following ways:
The person’s identity will be kept confidential, unless reporting of allegations is mandated by the country law. Anonymous complaints or allegations may also be submitted and will be given all due and appropriate consideration. We take seriously all reports of possible misconduct and will investigate and take appropriate action. We will provide warm referrals to service providers that may help support the person who experienced the alleged incident, as appropriate.
There will be no retaliation against any person who raises a concern in good faith about any behavior prohibited by this Code of Conduct. Such retaliation would be a violation of this Code of Conduct.
CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT
Any violation of this Code of Conduct by the Contractor’s Personnel may result in serious consequences, up to and including termination and possible referral to legal authorities.
FOR CONTRACTOR’s PERSONNEL:
I have received a copy of this Code of Conduct written in a language that I comprehend. I understand that if I have any questions about this Code of Conduct, I can contact [enter name of Contractor’s contact person(s) with relevant experience] requesting an explanation.
Name of Contractor’s Personnel: [insert name] Signature: __________________________________________________________
Date: (day month year): _______________________________________________
Countersignature of authorized representative of the Contractor:
Signature: ________________________________________________________
Date: (day month year): ______________________________________________
ATTACHMENT 1: Behaviors constituting SEA and behaviors constituting SH
ATTACHMENT 1 TO THE CODE OF CONDUCT FORM
BEHAVIORS CONSTITUTING SEXUAL EXPLOITATION AND ABUSE (SEA) AND BEHAVIORS CONSTITUTING SEXUAL HARASSMENT (SH)
The following non-exhaustive list is intended to illustrate types of prohibited behaviors.
Plant
Contractor’s Equipment
Form EQU
The Bidder shall provide adequate information to demonstrate clearly that it has the capability to meet the requirements for the key Contractor’s equipment listed in Section III, Evaluation and Qualification Criteria. A separate Form shall be prepared for each item of equipment listed, or for alternative equipment proposed by the Bidder.
Item of equipment
| ||
Equipment information | Name of manufacturer
| Model and power rating |
| Capacity
| Year of manufacture |
Current status | Current location
| |
| Details of current commitments
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Source | Indicate source of the equipment o Owned o Rented o Leased o Specially manufactured |
Omit the following information for equipment owned by the Bidder.
Owner | Name of owner | |
| Address of owner
| |
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| |
| Telephone | Contact name and title |
| Fax | Telex |
Agreements | Details of rental / lease / manufacture agreements specific to the project
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Functional Guarantees
Form FUNC
The Bidder shall copy in the left column of the table below, the identification of each functional guarantee required in the Specification and stated by the Employer in para. 1.2 (c) of Section III, Evaluation and Qualification Criteria, and in the right column, provide the corresponding value for each functional guarantee of the proposed plant and equipment.
Required Functional Guarantee | Value of Functional Guarantee of the Proposed Plant and Equipment |
1. |
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2. |
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3. |
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… |
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Personnel |
Form PER -1
Contractor’s Representative and other Key Personnel
Schedule
Bidders should provide the names of suitably qualified personnel to meet the specified requirements stated in Section VII. The data on their experience should be supplied using the Form below for each candidate.
*As listed in Section III, Evaluation and Qualification Criteria.
Contractor’ Representative and Key Personnel
| Title of position: Contractor’s Representative | |
| Name of candidate: | |
| Duration of appointment: | [insert the whole period (start and end dates) for which this position will be engaged] |
| Time commitment: for this position: | [insert the number of days/week/months/ that has been scheduled for this position] |
| Expected time schedule for this position: | [insert the expected time schedule for this position (e.g., attach high level Gantt chart] |
| Title of position: [Environmental Specialist] | |
| Name of candidate: | |
| Duration of appointment: | [insert the whole period (start and end dates) for which this position will be engaged] |
| Time commitment: for this position: | [insert the number of days/week/months/ that has been scheduled for this position] |
| Expected time schedule for this position: | [insert the expected time schedule for this position (e.g., attach high level Gantt chart] |
| Title of position: [Health and Safety Specialist] | |
| Name of candidate: | |
| Duration of appointment: | [insert the whole period (start and end dates) for which this position will be engaged] |
| Time commitment: for this position: | [insert the number of days/week/months/ that has been scheduled for this position] |
| Expected time schedule for this position: | [insert the expected time schedule for this position (e.g., attach high level Gantt chart] |
| Title of position: [Social Specialist] | |
| Name of candidate: | |
| Duration of appointment: | [insert the whole period (start and end dates) for which this position will be engaged] |
| Time commitment: for this position: | [insert the number of days/week/months/ that has been scheduled for this position] |
| Expected time schedule for this position: | [insert the expected time schedule for this position (e.g., attach high level Gantt chart] |
Title of position: Sexual Exploitation, Abuse and Harassment Expert [Where a Project SEA risks are assessed to be substantial or high, key personnel shall include an expert/s with relevant experience in addressing sexual exploitation, sexual abuse and sexual harassment cases] | ||
| Name of candidate | |
| Duration of appointment: | [insert the whole period (start and end dates) for which this position will be engaged] |
| Time commitment: for this position: | [insert the number of days/week/months/ that has been scheduled for this position] |
| Expected time schedule for this position: | [insert the expected time schedule for this position (e.g., attach high level Gantt chart] |
7. | Title of position: [insert title] |
Form PER-2
Resume of Proposed Personnel
Name of Bidder
|
Position
| ||
Personnel information | Name
| Date of birth |
| Professional qualifications
| |
Present employment | Name of employer
| |
| Address of employer
| |
| Telephone
| Contact (manager / personnel officer) |
| Fax
| |
| Job title
| Years with present employer |
Summarize professional experience over the last 20 years, in reverse chronological order. Indicate particular technical and managerial experience relevant to the project.
From | To | Company / Project / Position / Relevant technical and management experience |
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Proposed Subcontractors for Major Items of Plant and Installation Services
A list of major items of Plant and Installation Services is provided below.
The following Subcontractors and/or manufacturers are proposed for carrying out the item of the facilities indicated. Bidders are free to propose more than one for each item
Major Items of Plant and Installation Services | Proposed Subcontractors/Manufacturers | Nationality |
11kV auto reclosers supply |
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Telecommunications equipment (data radios and antennas) |
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Overhead line construction |
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Protection and SCADA |
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Others - Time Schedule
(to be used by Bidder when alternative Time for Completion is invited in ITB 13.2)
Bidders Qualification without prequalification
To establish its qualifications to perform the contract in accordance with Section III, Evaluation and Qualification Criteria the Bidder shall provide the information requested in the corresponding Information Sheets included hereunder.
Form ELI 1.1
Bidder Information Sheet
Date: ______________________
RFB No.: ___________________
Page ________ of _______ pages
1. Bidder’s Legal Name
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2. In case of JV, legal name of each party:
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3. Bidder’s actual or intended Country of Registration: |
4. Bidder’s Year of Registration: |
5. Bidder’s Legal Address in Country of Registration:
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6. Bidder’s Authorized Representative Information Name: Address: Telephone/Fax numbers: Email Address:
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7. Attached are copies of original documents of Articles of Incorporation (or equivalent documents of constitution or association), and/or documents of registration of the legal entity named above, in accordance with ITB 4.4 In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1 In case of state-owned enterprise or institution, in accordance with ITB 4.6, documents establishing:
8. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership. The successful Bidder shall provide additional information on beneficial ownership, using the Beneficial Ownership Disclosure Form. |
Form ELI 1.2
Party to JV Information Sheet
Date: ______________________
RFB No.: ___________________
Page ________ of_ ______ pages
1. Bidder’s Legal Name:
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2. JV’s Party legal name: |
3. JV’s Party Country of Registration: |
4. JV’s Party Year of Registration:
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5. JV’s Party Legal Address in Country of Registration:
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6. JV’s Party Authorized Representative Information Name: Address: Telephone/Fax numbers: Email Address:
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7. Attached are copies of original documents of Articles of Incorporation (or equivalent documents of constitution or association), and/or registration documents of the legal entity named above, in accordance with ITB 4.4. In case of a state-owned enterprise or institution, documents establishing legal and financial autonomy, operation in accordance with commercial law, and that they are not under the supervision of the Employer, in accordance with ITB 4.6. 8. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership. The successful Bidder shall provide additional information on beneficial ownership for each JV member using the Beneficial Ownership Disclosure Form. |
Form CON – 2
Historical Contract Non-Performance, Pending Litigation and Litigation History
Bidder’s Legal Name: _______________________ Date: _____________________
JV Member Legal Name: _______________________ ___________________
RFB No.: __________________
Page _______ of _______ pages
Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria | |||
Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1. Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.1 | |||
Year | Non- performed portion of contract | Contract Identification
| Total Contract Amount (current value, currency, exchange rate and US$ equivalent) |
[insert year] | [insert amount and percentage] | Contract Identification: [indicate complete contract name/ number, and any other identification] Name of Employer: [insert full name] Address of Employer: [insert street/city/country] Reason(s) for nonperformance: [indicate main reason(s)] | [insert amount] |
Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria | |||
No pending litigation in accordance with Sub-Factor 2.3. | |||
Pending litigation in accordance with Sub-Factor 2.3 as indicated below. |
Year of dispute | Amount in dispute (currency) | Contract Identification | Total Contract Amount (currency), USD Equivalent (exchange rate) | ||
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| Contract Identification: _________ Name of Employer: ____________ Address of Employer: __________ Matter in dispute: ______________ Party who initiated the dispute: ____ Status of dispute: ___________ |
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| Contract Identification: Name of Employer: Address of Employer: Matter in dispute: Party who initiated the dispute: Status of dispute: |
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Litigation History in accordance with Section III, Evaluation and Qualification Criteria | |||||
No Litigation History in accordance with Sub-Factor 2.4. Litigation History in accordance with Sub-Factor 2.4 as indicated below. | |||||
Year of award | Outcome as percentage of Net Worth | Contract Identification | Total Contract Amount (currency), USD Equivalent (exchange rate) | ||
[insert year] | [insert percentage] | Contract Identification: [indicate complete contract name, number, and any other identification] Name of Employer: [insert full name] Address of Employer: [insert street/city/country] Matter in dispute: [indicate main issues in dispute] Party who initiated the dispute: [indicate “Employer” or “Contractor”] Reason(s) for Litigation and award decision [indicate main reason(s)] | [insert amount] | ||
Form CON – 3
Environmental and Social Performance Declaration
[The following table shall be filled in for the Bidder, each member of a Joint Venture and each Specialized Subcontractor]
Bidder’s Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Member’s or Specialized Subcontractor’s Name: [insert full name]
RFB No. and title: [insert RFB number and title]
Page [insert page number] of [insert total number] pages
Environmental and Social Performance Declaration in accordance with Section III, Evaluation and Qualification Criteria | |||
No suspension or termination of contract: An employer has not suspended or terminated a contract and/or called the performance security for a contract for reasons related to Environmental or Social (ES) performance since the date specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.5. Declaration of suspension or termination of contract: The following contract(s) has/have been suspended or terminated and/or Performance Security called by an employer(s) for reasons related to Environmental or Social (ES) performance since the date specified in Section III, Evaluation and Qualification Criteria, Sub-Factor 2.5. Details are described below: | |||
Year | Suspended or terminated portion of contract | Contract Identification
| Total Contract Amount (current value, currency, exchange rate and US$ equivalent) |
[insert year] | [insert amount and percentage] | Contract Identification: [indicate complete contract name/ number, and any other identification] Name of Employer: [insert full name] Address of Employer: [insert street/city/country] Reason(s) for suspension or termination: [indicate main reason(s) e.g., gender-based violence; sexual exploitation or sexual abuse breaches] | [insert amount] |
[insert year] | [insert amount and percentage] | Contract Identification: [indicate complete contract name/ number, and any other identification] Name of Employer: [insert full name] Address of Employer: [insert street/city/country] Reason(s) for suspension or termination: [indicate main reason(s)] | [insert amount] |
… | … | [list all applicable contracts] | … |
Performance Security called by an employer(s) for reasons related to ES performance | |||
Year | Contract Identification
| Total Contract Amount (current value, currency, exchange rate and US$ equivalent) | |
[insert year] | Contract Identification: [indicate complete contract name/ number, and any other identification] Name of Employer: [insert full name] Address of Employer: [insert street/city/country] Reason(s) for calling of performance security: [indicate main reason(s) e.g., for gender-based violence; sexual exploitation, or sexual abuse breaches] | [insert amount] | |
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Form CON – 4
Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment Performance Declaration
[The following table shall be filled in by the Bidder, each member of a Joint Venture and each subcontractor proposed by the Bidder]
Bidder’s Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Member’s or Subcontractor’s Name: [insert full name]
RFB No. and title: [insert RFB number and title]
Page [insert page number] of [insert total number] pages
SEA and/or SH Declaration in accordance with Section III, Evaluation and Qualification Criteria |
We: ¨ (a) have not been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations ¨ (b) are subject to disqualification by the Bank for non-compliance with SEA/ SH obligations ¨ (c) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations. An arbitral award on the disqualification case has been made in our favor. |
[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the issues underlying the disqualification.] |
Form CCC
Current Contract Commitments / Works in Progress
Bidders and each member to a JV should provide information on their current commitments on all contracts that have been awarded, or for which a letter of intent or acceptance has been received, or for contracts approaching completion, but for which an unqualified, full completion certificate has yet to be issued.
Name of contract | Employer, contact address/tel/fax | Value of outstanding work (current US$ equivalent) | Estimated completion date | Average monthly invoicing over last six months |
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3.
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4.
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5.
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etc.
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Form FIN – 3.1
Financial Situation
Historical Financial Performance
Bidder’s Legal Name: _______________________ Date: _____________________
JV Member Legal Name: _______________________ RFB No.: __________________
Page _______ of _______ pages
To be completed by the Bidder and, if JV, by each member
Financial information in US$ equivalent | Historic information for previous ______ (__) years (US$ equivalent in 000s) | ||||
| 2022/23 | 2023/24 | 2024/25 | Avg. | Avg. Ratio |
Information from Balance Sheet | |||||
Total Assets (TA) |
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Total Liabilities (TL) |
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Net Worth (NW) |
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Current Assets (CA) |
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Current Liabilities (CL) |
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Information from Income Statement | |||||
Total Revenue (TR) |
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Profits Before Taxes (PBT) |
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Attached are copies of financial statements (balance sheets, including all related notes, and income statements) for the years required above complying with the following conditions:
Form FIN – 3.2
Average Annual Turnover
Bidder’s Legal Name: ___________________________ Date: _____________________
JV Member Legal Name: ____________________________ RFB No.: __________________
Page _______ of _______ pages
Annual turnover data | ||
Year | Amount and Currency | US$ equivalent |
2022/23 | _________________________________________ | ____________________ |
2023/24 | _________________________________________ | ____________________ |
2024/25 | _________________________________________ | ____________________ |
*Average Annual Turnover | _________________________________________ | ____________________ |
*Average annual turnover calculated as total certified payments received for work in progress or completed, divided by the number of years specified in Section III, Evaluation Criteria, Sub-Factor 2.3.2.
Form FIN3.3
Financial Resources
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and other financial means, net of current commitments, available to meet the total cash flow demands of the subject contract or contracts as indicated in Section III, Evaluation and Qualification Criteria
Source of financing | Amount (US$ equivalent) |
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Form EXP 4.1
Experience
General Experience
Bidder’s Legal Name: ____________________________ Date: _____________________
JV Member Legal Name: ____________________________ RFB No.: __________________
Page _______ of _______ pages
Starting Month / Year | Ending Month / Year |
Years* | Contract Identification
| Role of Bidder |
______ |
______ |
| Contract name: Brief Description of the contract performed by the Bidder: Name of Employer: Address: |
_________
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______ |
______ |
| Contract name: Brief Description of the contract performed by the Bidder: Name of Employer: Address: |
_________
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______ |
______ |
| Contract name: Brief Description of the contract performed by the Bidder: Name of Employer: Address: |
_________
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______ |
______ |
| Contract name: Brief Description of the contract performed by the Bidder: Name of Employer: Address: |
_________
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______ |
______ |
| Contract name: Brief Description of the contract performed by the Bidder: Name of Employer: Address: |
_________
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______ |
______ |
| Contract name: Brief Description of the contract performed by the Bidder: Name of Employer: Address: |
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*List calendar year for years with contracts with at least nine (9) months activity per year starting with the earliest year
Form EXP –4.2(a)
Specific Experience
Bidder’s Legal Name: ___________________________ Date: _____________________
JV Member Legal Name: _________________________ RFB No.: __________________
Page _______ of _______ pages
Similar Contract Number: ___ of ___ required. |
| Information | ||||
Contract Identification |
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Award date Completion date |
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US$_______ |
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Address:
Telephone/fax number: E-mail: |
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Form EXP –4.2(a) (cont.)
Specific Experience (cont.)
Bidder’s Legal Name: ___________________________ Page _______ of _______ pages
JV Member Legal Name: ___________________________
Similar Contract No. __[insert specific number] of [total number of contracts] ___ required | Information |
Description of the similarity in accordance with Sub-Factor 4.2a) of Section III: |
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Amount | _________________________________ |
Physical size | _________________________________ |
Complexity | _________________________________ |
Methods/Technology | _________________________________ |
Physical Production Rate
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Form EXP –4.2(b)
Specific Experience in Key Activities
Bidder’s Legal Name: ___________________________ Date: _____________________
JV Member Legal Name: _________________________ RFB No.: __________________
Subcontractor’s Legal Name: ______________ Page _______ of _______ pages
| Information | ||
Contract Identification | _______________________________________ | ||
Award date Completion date | _______________________________________ _______________________________________ | ||
Role in Contract | Prime Contractor | Management Contractor |
Subcontractor
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Total contract amount | US$________ | ||
If member in a JV or subcontractor, specify participation of total contract amount |
__________% |
_____________ |
US$________ |
Employer’s Name: | _______________________________________ | ||
Address:
Telephone/fax number: E-mail: | _______________________________________ _______________________________________ _______________________________________ _______________________________________ |
Form EXP –4.2 (b)(cont.)
Specific Experience in Key Activities (cont.)
Bidder’s Legal Name: ___________________________ Page _______ of _______ pages
JV Member Legal Name: ___________________________
Subcontractor’s Legal Name: __________________________
| Information |
Description of the key activities in accordance with Sub-Factor 4.2b) of Section III: |
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Form EXP –4.2(c)
Specific Experience in Managing ES aspects and any additional sustainable procurement aspects
Bidder’s Legal Name: ___________________________ Date: _____________________
JV Member Legal Name: _________________________ RFB No.: __________________
Subcontractor’s Legal Name: ______________ Page _______ of _______ pages
____________________
Contract Identification |
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Award date |
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Completion date |
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Role in Contract
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Total Contract Amount | US$ ____________ | |||
Details of relevant experience |
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Form of Bid Security
Form of Bid Security – Bank Guarantee
[The bank shall fill in this Bank Guarantee Form in accordance with the instructions indicated.]
[Guarantor letterhead or SWIFT identifier code]
Beneficiary: [Employer to insert its name and address]
RFB No.:[Employer to insert reference number for the Request for Bids]
Alternative No.: [Insert identification No if this is a Bid for an alternative]
Date:[Insert date of issue]
BID GUARANTEE No.:[Insert guarantee reference number]
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]
We have been informed that ______ [insert name of the Bidder, which in the case of a joint venture shall be the name of the joint venture (whether legally constituted or prospective) or the names of all members thereof](hereinafter called "the Applicant") has submitted or will submit to the Beneficiary its Bid (hereinafter called "the Bid") for the execution of ________________ under RFB No. ____________
Furthermore, we understand that, according to the Beneficiary’s conditions, Bids must be supported by a Bid guarantee.
At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of ___________ (____________) upon receipt by us of the Beneficiary’s complying demand, supported by the Beneficiary’s statement, whether in the demand itself or a separate signed document accompanying or identifying the demand, stating that either the Bidder:
(a) has withdrawn its Bid prior to the Bid validity expiry date set forth in the Applicant’s Letter of Bid, or any extended date provided by the Applicant; or
(b) having been notified of the acceptance of its Bid by the Beneficiary prior to the expiry date of the Bid validity or any extension thereto provided by the Applicant, (i) has failed to execute the Contract Agreement, or (ii) has failed to furnish the Performance Security, in accordance with the Instructions to Bidders (“ITB”) of the Beneficiary’s bidding document.
This guarantee will expire: (a) if the Applicant is the successful Bidder, upon our receipt of copies of the contract agreement signed by the Applicant and the Performance Security issued to the Beneficiary in relation to such contract agreement; or (b) if the Applicantis not the successful Bidder, upon the earlier of (i) our receipt of a copy of the Beneficiary’s notification to the Applicant of the results of the Bidding process; or (ii)twenty-eight days after the expiry date of the Bid validity.
Consequently, any demand for payment under this guarantee must be received by us at the office indicated above on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758.
_____________________________
[Signature(s)]
Note: All italicized text is for use in preparing this form and shall be deleted from the final product.
Manufacturer’s Authorization
Date: __________________
RFB No.: _________________
To: ________________________
WHEREAS
We ___________________, who are official manufacturers of____________________, having factories at _____________________, do hereby authorize ______________________ to submit a Bid the purpose of which is to provide the following goods, manufactured by us _______________________, and to subsequently negotiate and sign the Contract.
We hereby extend our full guarantee and warranty in accordance with Clause 27 of the General Conditions, with respect to the goods offered by the above firm.
Signed: _______________________________________
Name: ______________________________________
Title:______________________________________
Duly authorized to sign this Authorization on behalf of: ______________________________________
Dated on ____________ day of __________________, _______
INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE DOCUMENT The Bidder must prepare this Letter of Bid on stationery with its letterhead clearly showing the Bidder’s complete name and business address. Note: All italicized text is to help Bidders in preparing this form. |
Letter of Bid - Financial Part
Date of this Bid submission: [insert date (as day, month and year) of Bid submission]
Request for Bid No.: [insert identification]
Alternative No.: [insert identification No if this is a Bid for an alternative]
To: [insert complete name of Employer]
We, the undersigned, hereby submit the second part of our Bid, the Bid Price and Bill of Quantities. This accompanies the Letter of Bid- Technical Part.
In submitting our Bid, we make the following additional declarations:
[Option 1, in case of one lot:] Total price is: [insert the total price of the Bid in words and figures, indicating the various amounts and the respective currencies];
Or
[Option 2, in case of multiple lots:] (a) Total price of each lot [insert the total price of each lot in words and figures, indicating the various amounts and the respective currencies]; and (b) Total price of all lots (sum of all lots) [insert the total price of all lots in words and figures, indicating the various amounts and the respective currencies];
(i) The discounts offered are: [Specify in detail each discount offered]
(ii) The exact method of calculations to determine the net price after application of discounts is shown below: [Specify in detail the method that shall be used to apply the discounts];
Name of Recipient | Address | Reason | Amount |
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(If none has been paid or is to be paid, indicate “none.”)
Name of the Bidder:*[insert complete name of the Bidder]
Name of the person duly authorized to sign the Bid on behalf of the Bidder: ** [insert complete name of person duly authorized to sign the Bid]
Title of the person signing the Bid: [insert complete title of the person signing the Bid]
Signature of the person named above: [insert signature of person whose name and capacity are shown above]
Date signed [insert date of signing] day of [insert month], [insert year]
*: In the case of the Bid submitted by a Joint Venture specify the name of the Joint Venture as Bidder.
**: Person signing the Bid shall have the power of attorney given by the Bidder. The power of attorney shall be attached with the Bid Schedules
Schedule of Rates and Prices
Price schedule to be accessed from the following link:
11kV Auto Reclosers
Schedule No. 1. Plant and Mandatory Spare Parts Supplied from Abroad
Country of Origin Declaration Form
Schedule No. 2. Plant and Mandatory Spare Parts Supplied from Within the Employer’s Country
1 Specify currency in accordance with specifications in Bid Data Sheet under ITB 18.1 |
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Schedule No. 3. Design Services
Schedule No. 4. Installation and Other Services
Schedule No. 5. Grand Summary
Price Adjustment
If price adjustment applies in accordance with ITB 17.9, the Bidder shall indicate the sources of indices and source of exchange rate (if applicable) and the base date indices in its Bid.
Item | Source of Indices | Base date Indices | Source of exchnage rate (if applicable) |
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Section V - Eligible Countries
Eligibility for the Provision of Goods, Works and Non-Consulting Services in
Bank-Financed Procurement
In reference to ITB 4.8 and 5.1, for the information of the Bidders, at the present time firms, goods and services from the following countries are excluded from this Bidding process: None
Under ITB 4.8 (a) and 5.1: None
Section VI - Fraud and Corruption
(this Section shall not be changed)
PART 2 - Employer’s Requirements
Section VII - Employer’s Requirements |
Contents
Scope of Supply of Plant and Installation Services by the Contractor. 160
Specification. 161
Forms and Procedures. 168
Form of Completion Certificate. 169
Change Order Procedure and Forms. 171
Change Order Procedure. 172
Annex 1. Request for Change Proposal 173
Annex 2. Estimate for Change Proposal 175
Annex 3. Acceptance of Estimate. 177
Annex 4. Change Proposal 178
Annex 5. Change Order 181
Annex 7. Application for Change Proposal 184
Drawings. 186
Supplementary Information. 187
Scope of Supply of Plant and Installation Services by the Contractor
The scope covers the design, supply, equipment installation and commissioning of the 13 pole mounted 11kV auto-reclosers as per the configuration shown in the figure below. The scope highlighted below is a guide to the bidder and any tasks necessary to deliver the project as per the bidder’s design should be included in the scope to be submitted.
The following is to be done by the supplier.
Note: In certain instances, use the nearest substation with UMUX Interface.
The following will have to be procured for the project.
Externally (Provided by supplier):
Internal (To be supplied by EEC).
Construction (Supplier):
Protection (bidder):
Telecommunications (Supplier):
SCADA (Supplier):
Provide formal training on the equipment as well. This should be specified in the quotation for the project. The training should be done before project implementation (State the period for training on the breaker, control unit and any other training that might be required for the project). Training should cover 25 technicians from the different sections internally (SCADA, Protection, Switchgear, Distribution, Telecoms).
The bidders are expected to provide a methodology showing how the design, construction, installation and commissioning exercise will be carried out. Include block diagrams where appropriate showing how the entire system integrates. This will indicate the level of understanding of what is expected from the Plant design, supply and installation Contractor.
Specification
This specification covers the requirements for an automatic electrically controlled three phase vacuum recloser for distribution systems. The recloser is intended for radial, loop, and meshed networks.
3.2.1 Manufacturer qualifications: The chosen manufacturer shall have at least 10 years’ experience in manufacturing vacuum reclosers. The manufacturer of the reclosers shall be completely and solely responsible for the performance of the reclosers as a complete integrated assembly as rated.
3.2.2 Main recloser components such as circuit breaker, vacuum interrupters, current and voltage sensors, control cubicle and software shall be manufactured by the same manufacturer.
3.2.3 The manufacturer shall be able to submit the confirmation of certification or ratings of the reclosers upon request.
3.2.4 The recloser shall be manufactured and type tested according to requirements of applicable industry standards:
a) IEC 62271-111
b) IEEE C37.60
3.2.5 The recloser manufacturing process shall be complying with the standard ISO 9001, Quality Management System.
3.2.6 The type test reports should be issued not more than 5 years before the submission date.
3.2.7 The manufacturer shall provide minimum 5-year warranty for all components provided.
3.2.8 The circuit breaker shall be maintenance free over a total life expectancy.
3.3 Delivery, storage, and handling
3.3.1 Packing components shall not contain any materials that are hazardous to the environment or personnel. No special methods of disposal shall be required.
3.3.2 All recloser components including circuit breaker, control cubicle, installation frame, pole interface provisions, fasteners shall be delivered in a single package made of recyclable materials.
3.3.3 The package gross weight shall not exceed 300 kg.
3.3.4 It shall be possible to stack at least two original packages during transportation and storage.
3.3.5 The package shall allow stapling and outdoor storage in case indoor storage is unavailable. Unpacked and assembled equipment shall be storable outdoor for not less than 1 year without additional treatment before installation.
3.3.6 All recloser components shall be installed, assembled, and tested in accordance with the requirements of current specification. The recloser shall be delivered fully assembled on the mounting frame and ready for the installation.
3.3.7 The recloser installation kit shall be designed to reduce the number of lifting operations.
3.4 Technical Specification
3.4.1 General
3.4.1.1 Technical parameters
a) | Rated maximum voltage, kV | 12…15 |
d) | Rated lightning impulse withstand voltage (peak), kV | 110 |
e) | Rated continuous current, A | 630 |
h) | Rated short-circuit breaking current, kA | 16 |
i) | Rated peak withstand current, kA | 41.6 |
j) | Rated short time withstand current, kA | 16 |
k) | Rated duration of short circuit, s | 4 |
l) | Rated frequency, Hz | 50 |
3.4.1.2 Power supply characteristics
a) | Supply voltage range shall not be less than, V | 85 … 265 AC 110 … 220 DC |
b) | Rated power consumption shall not exceed, VA | 40 |
c) | Maximum power consumption shall not exceed, VA | 75 |
d) | Duration of operation without auxiliary supply shall be not less than, hours | 48 |
3.4.2 Recloser control
3.4.2.1 The recloser operation shall be controlled by electronic control modules.
3.4.2.2 The recloser control shall provide the following functions: measurement, protection, monitoring, and remote communication.
3.4.2.3 The recloser control air circulation and dehydration shall be organized to avoid using any humidity control devices or heaters.
3.4.2.4 The external and internal doors shall be able to be securely fixed in the open position.
3.4.2.5 It shall be possible to connect the laptop with configuration software by means of serial interface (USB, RS232).
3.4.2.6 Ethernet (RJ45), Optical Ethernet (SC) SCADA and wireless local engineering access interfaces (Bluetooth, Wi-Fi) shall be available for ordering optionally.
3.4.2.7 The recloser control shall be equipped with a prewired provision for power supply outlet installation. Socket shall be MCB protected.
3.4.2.8 The recloser control shall be equipped with a removable provision for communication equipment installation. It shall be located at the top of the controller and provide at least 326x180x108mm space for communication equipment. Stationary provision is not accepted.
3.4.2.9 The recloser control shall be equipped with the control panel module. The module shall provide local control and indication functions by LED, display, and buttons.
3.4.2.10 The local control panel module shall be equipped with USB A interface.
3.4.2.11 The control panel box shall have a provision for a padlock.
3.4.3 Rechargeable Battery
3.4.3.1 The recloser shall be supplied with rechargeable battery to provide the recloser control with auxiliary power when the main auxiliary power is not present.
3.4.3.2 The battery shall be of a sealed lead acid.
3.4.4.3 The battery shall provide ten full auto reclosing cycles for the recloser without auxiliary power supply.
3.4.4 Protection
The auto-recloser shall have the following protection functionalities but not limited to:
3.4.5 Communication
The recloser control shall provide:
3.4.5.1 PMR Telecoms Integration
1 General Integration
2 Equipment and Hardware Requirements
3.4.5.2 SCADA/Telemetry Integration
The PMR panel/controller shall have the following interfaces/ports
Port | Physical Interface | Typical Use |
USB | USB Type-B (front panel) | Local engineering |
RS-232 Port | DB9 | SCADA serial communications (DNP3 Serial, IEC60870-5-101) |
Ethernet | RJ45 10/100 Mbps | SCADA over DNP3 TCP, IEC 60870-5-104 |
RS-485 | Optional | Third-party modem or serial communications |
The following are key cybersecurity requirements;
Environmental and Social (ES) requirements
The project Environmental and Social Safeguards and tentative Contractor – Environment & Social Management Plan templates can be accessed in the following link:
11kV Auto Reclosers
1. ENVIRONMENTAL AND SOCIAL MANAGEMENT REQUIREMENTS
The Contractor shall comply with all environmental impact prevention and mitigation measures outlined in the Environmental and Social Management Framework (ESMF) as described herein. Where there is a conflict of requirements, the prevention and mitigation measures listed in the ESMF shall govern.
The Contractor (and sub-contractors) will need to adopt this ESMF and prepare a comprehensive Contractor’s (Construction) Environment and Social Management Plan (CESMP) that will provide the key reference point for compliance.
The Project Applicant, namely the EEC, is responsible for ensuring that the Contractor Team’s execution of the construction phase activities is compliant with the conditions of the ESMF and CESMP. The Contractor must therefore ensure compliance with the ESMF, CESMP, LMP, SEP, SEA/SH Action Plan, GRM Procedure and the OCHSIP at all times during construction activities and maintain environmental and social incidents and GRM registers which keeps a record of all environmental and social incidents as well as community/worker grievances that occur on the site during the installation of the 11kV auto reclosers contracts. These incidents may include:
The Contractor is also responsible for the implementation of corrective actions issued by the Employer within a reasonable or agreed upon period of time.
Within the first 15 days following contract signing, the Contractor shall present an C-ESMP Implementation Plan. The Plan shall be submitted to the Employer for approval prior to the start of the construction works. The Contractor ESMP shall contain, at a minimum but not limited to, the following components:
Any deviations from the approved Contractor’s (Construction) ESMP must be submitted to the Employer for approval.
Compliance with requirements established in General Condition of Contract (GCC)
The Environmental and Social requirements shall be prepared in a manner that does not conflict with the relevant General Conditions of Contract and Particular Conditions of Contract, and in particular:
GCC | Sub-Clause/Clause | Remarks |
9.10 | Training of Contractor’s Personnel | The Contractor shall ensure that all Contractor personnel receive mandatory training on Environmental and Social (E&S) requirements prior to commencement of works. Training shall include, at a minimum: (i) CESMP obligations; (ii) pollution prevention and waste management; (iii) community health and safety risks; (iv) SEA/SH awareness and Code of Conduct; (v) grievance redress procedures; and (vi) emergency preparedness and response. Refresher training and toolbox talks shall be conducted periodically. |
20 | Design and Engineering | The Contractor shall ensure that all designs comply with applicable national legislation, Environmental Authorization conditions, and World Bank ESF requirements (particularly ESS4). Designs shall: (i) incorporate climate resilience measures (e.g. flood risk, extreme weather tolerance); (ii) ensure universal access where applicable; (iii) minimize environmental footprint and vegetation clearing; (iv) assess and mitigate risks to the public from operational hazards; and (v) comply with applicable engineering and safety certification standards. All designs shall be reviewed and approved prior to implementation.
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22.2.4 | Rates of wages and conditions of labor | The Contractor shall comply with the Labour Management Procedures (LMP), national labour laws, and ESS2 requirements. This includes: (i) fair wages in line with national minimum standards; (ii) safe and decent working conditions; (iii) prohibition of child labour and forced labour; (iv) non-discrimination and equal opportunity; and (v) provision of written contracts to all workers.
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22.2.6 | Facilities for Staff and Labor | The Contractor shall provide adequate facilities for all personnel, including: (i) safe drinking water; (ii) sanitary and washing facilities segregated where appropriate; (iii) waste management systems; (iv) first aid and medical access; and (v) where accommodation is required, it shall meet GIIP and national standards. Facilities shall be culturally appropriate and accessible, and shall not create environmental or social risks to surrounding communities (ESS2 & ESS4).
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22.8 | Security of the Site | The Contractor shall establish security arrangements consistent with ESS4 and GIIP. Security measures shall be proportionate to the level of risk and shall respect human rights. The Contractor shall: (i) avoid use of excessive force; (ii) train security personnel on Code of Conduct and SEA/SH prevention; (iii) coordinate with local authorities; and (iv) ensure security does not restrict community access unnecessarily. All incidents involving security personnel shall be recorded and reported.
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22.9 | Protection of the Environment | The Contractor shall implement all necessary measures to prevent pollution and environmental degradation in accordance with ESS3 and national legislation. The following limits and controls shall apply:
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22.11 | Cultural Heritage Findings
| The Contractor shall implement a Chance Finds Procedure in accordance with ESS8. In the event of discovery of cultural heritage resources:
Works shall only resume upon formal clearance.
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2. Environmental Monitoring and Reporting Requirements
The Contractor shall establish and implement an Environmental Monitoring and Reporting Programme as part of the CESMP to ensure compliance with environmental requirements and to verify the effectiveness of mitigation measures in accordance with ESS1 of the World Bank ESF and applicable national legislation.
Environmental monitoring shall be risk-based, proportionate to the scale and nature of the works, and shall cover all significant environmental aspects associated with construction activities.
a) Monitoring Parameters
The monitoring programme shall include, at a minimum, the following parameters (where applicable):
Environmental monitoring is essential to assess impacts such as air, water, soil, and noise pollution arising from construction activities and to ensure mitigation measures are effective.
b) Monitoring Frequency and Methods
The Contractor shall:
c) Environmental Registers and Records
The Contractor shall maintain up-to-date records, including:
d) Reporting Requirements
The Contractor shall:
Maintain records for audit and inspection purposes.
e) Non-Compliance and Corrective Actions
Where monitoring identifies non-compliance:
f) Roles and Responsibilities
A Rehabilitation Plan shall also be prepared, which shall include preliminary designs on the temporary and permanent landscaping plan during both the construction and post-construction maintenance period. The landscape plan shall cover all project works which may affect vegetation and natural landform (e.g. borrow pits, disposal sites and temporary and stockpiling areas). Sensitive locations and areas where landscaping works are required both during construction and after the construction shall be identified and incorporated into the design.
3. Environmental and Social Implementation Plans (MSIPs)
The Contractor shall prepare a Construction Environmental and Social Management Plan, implementation plan, referred to, in this document as CESMP implementation plan based on the Project ESMF.
4. Requirements for competence of Environmental and Social Specialist
Contractor shall certify that:
5. Applicable ESS Documents for CESMP
Contractor shall use and apply when establishing the Contractor’s (Construction) ESMP the following project documents:
6. ENVIRONMENTAL MANAGEMENT REQUIREMENTS
The Contractor shall implement all environmental management measures in accordance with:
(a) Environmental Compliance and Permitting
The Contractor shall:
(b) Pollution Prevention and Resource Efficiency & Management (ESS3)
The Contractor shall implement measures to prevent, minimize, and control pollution, including:
(c) Soil, Land and Vegetation Management
The Contractor shall:
d) Biodiversity Conservation and Sustainable Management of Living Natural Resources (ESS6)
The Contractor shall:
e) Management of Construction Sites and Camps
The Contractor shall:
f) Traffic and Transport Management (ESS4 link)
The Contractor shall:
g) Chance Finds Procedure (ESS8 link)
In the event of chance finds (cultural or natural heritage):
h) Environmental Training and Awareness
The Contractor shall:
i) Emergency Preparedness and Response
The Contractor shall:
7. OCCUPATIONAL HEALTH & SAFETY REQUIREMENTS
Health, Safety plan and Coordination
The Contractor shall be fully responsible for ensuring the safety and health of all workmen and other persons in or around the works site. All activities shall be carried out in compliance with national legislation, OCHSIP, World Bank ESF, (ESS 2 and ESS 4) in accordance with the existing legislation.
The Contractor shall prepare, submit, and implement a site-specific Occupational Health and Safety (OHS) Management Plan (SHE File) consistent with the OCHSIP, prior to commencement of works. The plan shall, at a minimum, include the following components:
This plan must also be compliant with:
Plan Scope and Content
The OHS Plan shall:
The Draft OHS Plan submitted at tender stage shall demonstrate the Contractor’s approach and capacity but may exclude detailed site-specific documentation (e.g., MSDS, equipment manuals). The Final OHS Plan, submitted prior to commencement of Works, shall be comprehensive and site-specific.
8. Safety Management Personnel
The Contractor shall appoint a qualified and experienced Safety and Health Coordinator (SHC) who shall:
Have full authority to enforce OHS requirements and to stop any unsafe work;
Be supported by an adequately resourced and competent safety team appropriate to the scale and risk of the Works.
The proposed SHC and safety team shall not be replaced or reduced without prior approval, and any replacement shall have equal or higher qualifications and experience.
Evaluation of OHS Plan
The adequacy of the Contractor’s OHS Plan will be evaluated during tender assessment, taking into account:
9. Social Standards Requirements
The Contractor shall implement all social risk management measures in accordance with the World Bank Environmental and Social Framework (ESF), specifically ESS2 (Labour and Working Conditions), ESS4 (Community Health and Safety), ESS10 (Stakeholder Engagement and Information Disclosure) as well as the project’s Gender Action Plan (GAP).
The Contractor shall develop (in alignment with available project instruments) and comply with all project-specific instruments, including the:
These requirements shall be implemented as part of the Contractor’s CESMP and maintained throughout the duration of the works
a) Labour and Working Conditions (ESS2)
The Contractor shall:
b) Community Health and Safety (ESS4)
The Contractor shall:
d) Stakeholder Engagement and Information Disclosure (ESS10)
The Contractor shall:
e) Grievance Management and Reporting
The Contractor shall:
f) Monitoring and Compliance
The Contractor shall:
Contractor’s Representative and Key Personnel
The Bidder must demonstrate that it will have the personnel for the key positions that meet the following requirements:
Contractor’s Representative and Key Personnel
Item No. | Position/specialization | Relevant academic qualifications | Minimum years of relevant work experience |
1 | Contractor’s Representative/ Project manager | Bachelors in (Electrical Engineering) | 5 |
2. | Site Manager/ Construction Manager | Diploma Electrical/Electronic Engineering; | 5 |
Tele-Communication Specialist | Diploma Electrical/Electronic Engineering; | 10 | |
Protection Specialist | Diploma Electrical/Electronic Engineering; | 10 | |
SCADA Specialist | Diploma Electrical/Electronic Engineering; | 10 | |
6. | Environmental and Social expert | Bachelors/Masters in Environment Management, Sciences | 5 |
7. | Health and Safety officer | Bachelors in Environmental Sciences )/Any other degree with Occupational Health | 5 |
Forms and Procedures
Form of Completion Certificate
Date:
Loan/Credit No:
RFB No:
To: _________________________________
Dear Ladies and/or Gentlemen,
Pursuant to GCC Clause 24 (Completion of the Facilities) of the General Conditions of the Contract entered into between yourselves and the Employer dated _____________, relating to the ____________________, we hereby notify you that the following part(s) of the Facilities was (were) complete on the date specified below, and that, in accordance with the terms of the Contract, the Employer hereby takes over the said part(s) of the Facilities, together with the responsibility for care and custody and the risk of loss thereof on the date mentioned below.
1. Description of the Facilities or part thereof: ______________________________
2. Date of Completion: __________________
However, you are required to complete the outstanding items listed in the attachment hereto as soon as practicable.
This letter does not relieve you of your obligation to complete the execution of the Facilities in accordance with the Contract nor of your obligations during the Defect Liability Period.
Very truly yours,
Title
(Project Manager)
Form of Operational Acceptance Certificate
Date:
Loan/Credit No:
RFB No:
_________________________________________
To: ________________________________________
Dear Ladies and/or Gentlemen,
Pursuant to GCC Sub-Clause 25.3 (Operational Acceptance) of the General Conditions of the Contract entered into between yourselves and the Employer dated _______________, relating to the ___________________________________, we hereby notify you that the Functional Guarantees of the following part(s) of the Facilities were satisfactorily attained on the date specified below.
1. Description of the Facilities or part thereof: _______________________________
2. Date of Operational Acceptance: _______________________
This letter does not relieve you of your obligation to complete the execution of the Facilities in accordance with the Contract nor of your obligations during the Defect Liability Period.
Very truly yours,
Title
(Project Manager)
Change Order Procedure and Forms
Date:
Loan/Credit No:
RFB No:
CONTENTS
1. General
2. Change Order Log
3. References for Changes
ANNEXES
Annex 1 Request for Change Proposal
Annex 2 Estimate for Change Proposal
Annex 3 Acceptance of Estimate
Annex 4 Change Proposal
Annex 5 Change Order
Annex 6 Pending Agreement Change Order
Annex 7 Application for Change Proposal
Change Order Procedure
1. General
This section provides samples of procedures and forms for implementing changes in the Facilities during the performance of the Contract in accordance with GCC Clause 39 (Change in the Facilities) of the General Conditions.
2. Change Order Log
The Contractor shall keep an up-to-date Change Order Log to show the current status of Requests for Change and Changes authorized or pending, as Annex 8. Entries of the Changes in the Change Order Log shall be made to ensure that the log is up-to-date. The Contractor shall attach a copy of the current Change Order Log in the monthly progress report to be submitted to the Employer.
3. References for Changes
(1) Request for Change as referred to in GCC Clause 39 shall be serially numbered CR-X-nnn.
(2) Estimate for Change Proposal as referred to in GCC Clause 39 shall be serially numbered CN-X-nnn.
(3) Acceptance of Estimate as referred to in GCC Clause 39 shall be serially numbered CA-X-nnn.
(4) Change Proposal as referred to in GCC Clause 39 shall be serially numbered CP-X-nnn.
(5) Change Order as referred to in GCC Clause 39 shall be serially numbered CO-X-nnn.
Note: (a) Requests for Change issued from the Employer’s Home Office and the Site representatives of the Employer shall have the following respective references:
Home Office CR-H-nnn
Site CR-S-nnn
(b) The above number “nnn” is the same for Request for Change, Estimate for Change Proposal, Acceptance of Estimate, Change Proposal and Change Order.
Annex 1. Request for Change Proposal
(Employer’s Letterhead)
To: ____________________________________ Date:
Attention: ______________________________________
Contract Name: _________________________________
Contract Number: _______________________________
Dear Ladies and/or Gentlemen:
With reference to the captioned Contract, you are requested to prepare and submit a Change Proposal for the Change noted below in accordance with the following instructions within _______________ days of the date of this letter____________________.
1. Title of Change: ________________________
2. Change Request No. __________________
3. Originator of Change: Employer: _______________________________
Contractor (by Application for Change Proposal No. _______[12]:
4. Brief Description of Change: _________________________________________________
5. Facilities and/or Item No. of equipment related to the requested Change: _____________
6. Reference drawings and/or technical documents for the request of Change:
Drawing No./Document No. Description
7. Detailed conditions or special requirements on the requested Change: ________________
8. General Terms and Conditions:
(a) Please submit your estimate to us showing what effect the requested Change will have on the Contract Price.
(b) Your estimate shall include your claim for the additional time, if any, for completion of the requested Change.
(c) If you have any opinion negative to the adoption of the requested Change in connection with the conformability to the other provisions of the Contract or the safety of the Plant or Facilities, please inform us of your opinion in your proposal of revised provisions.
(d) Any increase or decrease in the work of the Contractor relating to the services of its personnel shall be calculated.
(e) You shall not proceed with the execution of the work for the requested Change until we have accepted and confirmed the amount and nature in writing.
(Employer’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
Annex 2. Estimate for Change Proposal
(Contractor’s Letterhead)
To: ______________________________ Date:
Attention: _______________________________
Contract Name: _______________________________
Contract Number: _____________________________
Dear Ladies and/or Gentlemen:
With reference to your Request for Change Proposal, we are pleased to notify you of the approximate cost of preparing the below-referenced Change Proposal in accordance with GCC Sub-Clause 39.2.1 of the General Conditions. We acknowledge that your agreement to the cost of preparing the Change Proposal, in accordance with GCC Sub-Clause 39.2.2, is required before estimating the cost for change work.
1. Title of Change: ________________________
2. Change Request No./Rev.: ____________________________
3. Brief Description of Change: __________________________
4. Scheduled Impact of Change: ___________________________
5. Cost for Preparation of Change Proposal: _______________[13]
(a) Engineering (Amount)
(i) Engineer hrs x rate/hr =
(ii) Draftsperson hrs x rate/hr =
Sub-total hrs
Total Engineering Cost
(b) Other Cost
Total Cost (a) + (b)
(Contractor’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
Annex 3. Acceptance of Estimate
(Employer’s Letterhead)
To: ______________________________ Date:
Attention: ________________________________
Contract Name: _____________________________
Contract Number: ___________________________
Dear Ladies and/or Gentlemen:
We hereby accept your Estimate for Change Proposal and agree that you should proceed with the preparation of the Change Proposal.
1. Title of Change: ___________________________
2. Change Request No./Rev.: _______________________________
3. Estimate for Change Proposal No./Rev.: _______________________________
4. Acceptance of Estimate No./Rev.: _______________________________
5. Brief Description of Change: _______________________________
6. Other Terms and Conditions: In the event that we decide not to order the Change accepted, you shall be entitled to compensation for the cost of preparation of Change Proposal described in your Estimate for Change Proposal mentioned in para. 3 above in accordance with GCC Clause 39 of the General Conditions.
(Employer’s Name)
(Signature)
(Name and Title of signatory)
Annex 4. Change Proposal
(Contractor’s Letterhead)
To: _______________________________ Date:
Attention: _______________________________
Contract Name: _______________________________
Contract Number: _______________________________
Dear Ladies and/or Gentlemen:
In response to your Request for Change Proposal No. _______________________________, we hereby submit our proposal as follows:
1. Title of Change: _______________________________
2. Change Proposal No./Rev.: _______________________________
3. Originator of Change: Employer: [_______________________________
Contractor: _______________________________
4. Brief Description of Change: _______________________________
5. Reasons for Change: _______________________________
6. Facilities and/or Item No. of Equipment related to the requested Change: _______________________________
7. Reference drawings and/or technical documents for the requested Change:
Drawing/Document No. Description
8. Estimate of increase/decrease to the Contract Price resulting from Change Proposal:[14]
(Amount)
(a) Direct material
(b) Major construction equipment
(c) Direct field labor (Total hrs)
(d) Subcontracts
(e) Indirect material and labor
(f) Site supervision
(g) Head office technical staff salaries
Process engineer hrs @ rate/hr
Project engineer hrs @ rate/hr
Equipment engineer hrs @ rate/hr
Procurement hrs @ rate/hr
Draftsperson hrs @ rate/hr
Total hrs
(h) Extraordinary costs (computer, travel, etc.)
(i) Fee for general administration, % of Items
(j) Taxes and customs duties
Total lump sum cost of Change Proposal
(Sum of items (a) to (j))
Cost to prepare Estimate for Change Proposal
(Amount payable if Change is not accepted)
9. Additional time for Completion required due to Change Proposal
10. Effect on the Functional Guarantees
11. Effect on the other terms and conditions of the Contract
12. Validity of this Proposal: within [Number] days after receipt of this Proposal by the Employer
13. Other terms and conditions of this Change Proposal:
(a) You are requested to notify us of your acceptance, comments or rejection of this detailed Change Proposal within ______________ days from your receipt of this Proposal.
(b) The amount of any increase and/or decrease shall be taken into account in the adjustment of the Contract Price.
(c) Contractor’s cost for preparation of this Change Proposal:2
(Contractor’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
Annex 5. Change Order
(Employer’s Letterhead)
To: _______________________________ Date:
Attention: _______________________________
Contract Name: _______________________________
Contract Number: _______________________________
Dear Ladies and/or Gentlemen:
We approve the Change Order for the work specified in the Change Proposal (No. _______), and agree to adjust the Contract Price, Time for Completion and/or other conditions of the Contract in accordance with GCC Clause 39 of the General Conditions.
1. Title of Change: _______________________________
2. Change Request No./Rev.: _______________________________
3. Change Order No./Rev.: _______________________________
4. Originator of Change: Employer: _______________________________
Contractor: _______________________________
5. Authorized Price:
Ref. No.: _______________________________ Date: __________________________
Foreign currency portion __________ plus Local currency portion __________
6. Adjustment of Time for Completion
None Increase _________ days Decrease _________ days
7. Other effects, if any
Authorized by: Date:
(Employer)
Accepted by: Date:
(Contractor)
Annex 6. Pending Agreement Change Order
(Employer’s Letterhead)
To: _______________________________ Date:
Attention: _______________________________
Contract Name: _______________________________
Contract Number: [_______________________________
Dear Ladies and/or Gentlemen:
We instruct you to carry out the work in the Change Order detailed below in accordance with GCC Clause 39 of the General Conditions.
1. Title of Change: _______________________________
2. Employer’s Request for Change Proposal No./Rev.: _______________________________dated: __________
3. Contractor’s Change Proposal No./Rev.: ________________________ dated: __________
4. Brief Description of Change: _______________________________
5. Facilities and/or Item No. of equipment related to the requested Change: _______________________________
6. Reference Drawings and/or technical documents for the requested Change:
Drawing/Document No. Description
7. Adjustment of Time for Completion:
8. Other change in the Contract terms:
9. Other terms and conditions:
(Employer’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
Annex 7. Application for Change Proposal
(Contractor’s Letterhead)
To: _______________________________ Date:
Attention: _______________________________
Contract Name: _______________________________
Contract Number: _______________________________
Dear Ladies and/or Gentlemen:
We hereby propose that the below-mentioned work be treated as a Change in the Facilities.
1. Title of Change: _______________________________
2. Application for Change Proposal No./Rev.: _______________________________ dated: _______________________________
3. Brief Description of Change: _______________________________
4. Reasons for Change:
5. Order of Magnitude Estimation (in the currencies of the Contract):
6. Scheduled Impact of Change:
7. Effect on Functional Guarantees, if any:
8. Appendix:
(Contractor’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
Drawings |
Supplementary Information The proposed locations of the auto-reclosers across the Eswatini Electricity Company network:
|
The coordinates existing locations of the Communication High Sites across the Eswatini Electricity Company network can be found in this link:
11kV Auto Reclosers
PART 3 – Conditions of Contract and Contract Forms
Section VIII - General Conditions of Contract |
Table of Clauses
A. Contract and Interpretation. 193
1. Definitions. 193
2. Contract Documents. 196
3. Interpretation. 196
4. Communications. 198
5. Law and Language. 198
6. Fraud and Corruption. 198
B. Subject Matter of Contract 199
7. Scope of Facilities. 199
8. Time for Commencement and Completion. 200
9. Contractor’s Responsibilities. 200
10. Employer’s Responsibilities. 204
C. Payment 206
11. Contract Price. 206
12. Terms of Payment 206
13. Securities. 206
14. Taxes and Duties. 208
D. Intellectual Property. 209
15. License/Use of Technical Information. 209
16. Confidential Information. 209
E. Execution of the Facilities. 210
17. Representatives. 210
18. Work Program.. 212
19. Subcontracting. 215
20. Design and Engineering. 216
21. Procurement 218
22. Installation. 220
23. Test and Inspection. 232
24. Completion of the Facilities. 234
25. Commissioning and Operational Acceptance. 236
F. Guarantees and Liabilities. 239
26. Completion Time Guarantee. 239
27. Defect Liability. 240
28. Functional Guarantees. 242
29. Patent Indemnity. 243
30. Limitation of Liability. 245
G. Risk Distribution. 245
31. Transfer of Ownership. 245
32. Care of Facilities. 246
33. Loss of or Damage to Property; Accident or Injury to Workers; Indemnification. 247
34. Insurance. 248
35. Unforeseen Conditions. 251
36. Change in Laws and Regulations. 252
37. Force Majeure. 252
38. War Risks. 254
H. Change in Contract Elements. 255
39. Change in the Facilities. 255
40. Extension of Time for Completion. 259
41. Suspension. 260
42. Termination. 262
43. Assignment 269
44. Export Restrictions. 269
I. Claims, Disputes and Arbitration. 269
45. Contractor’s Claims. 269
46. Disputes and Arbitration. 271
47. Cyber Security. 275
General Conditions of Contract
1. Definitions | 1.1 The following words and expressions shall have the meanings hereby assigned to them: “Contract” means the Contract Agreement entered into between the Employer and the Contractor, together with the Contract Documents referred to therein; they shall constitute the Contract, and the term “the Contract” shall in all such documents be construed accordingly. “Contract Documents” means the documents listed in Article 1.1 (Contract Documents) of the Contract Agreement (including any amendments thereto). “GCC” means the General Conditions of Contract hereof. “PCC” means the Particular Conditions of Contract. “day” means calendar day. “year” means 365 days. “month” means calendar month. “Party” means the Employer or the Contractor, as the context requires, and “Parties” means both of them. “Employer” means the person named as such in the PCC and includes the legal successors or permitted assigns of the Employer. “Project Manager” means the person appointed by the Employer in the manner provided in GCC Sub-Clause 17.1 (Project Manager) hereof and named as such in the PCC to perform the duties delegated by the Employer. “Contractor” means the person(s) whose Bid to perform the Contract has been accepted by the Employer and is named as Contractor in the Contract Agreement, and includes the legal successors or permitted assigns of the Contractor. “Contractor’s Representative” means any person nominated by the Contractor and approved by the Employer in the manner provided in GCC Sub-Clause 17.2 (Contractor’s Representative and Construction Manager) hereof to perform the duties delegated by the Contractor. “Construction Manager” means the person appointed by the Contractor’s Representative in the manner provided in GCC Sub-Clause 17.2.4. “Subcontractor,” including manufacturers, means any person to whom execution of any part of the Facilities, including preparation of any design or supply of any Plant, is sub-contracted directly or indirectly by the Contractor, and includes its legal successors or permitted assigns. “Dispute Board” (DB) means the person or persons named as such in the PCC appointed by agreement between the Employer and the Contractor to make a decision with respect to any dispute or difference between the Employer and the Contractor referred to him or her by the Parties pursuant to GCC Sub-Clause 46.1 (Dispute Board) hereof. “The Bank” means the financing institution named in the PCC. “Contract Price” means the sum specified in Article 2.1 (Contract Price) of the Contract Agreement, subject to such additions and adjustments thereto or deductions therefrom, as may be made pursuant to the Contract. “Facilities” means the Plant to be supplied and installed, as well as all the Installation Services to be carried out by the Contractor under the Contract. “Plant” means permanent plant, equipment, machinery, apparatus, materials, articles and things of all kinds to be provided and incorporated in the Facilities by the Contractor under the Contract (including the spare parts to be supplied by the Contractor under GCC Sub-Clause 7.3 hereof), but does not include Contractor’s Equipment. “Installation Services” means all those services ancillary to the supply of the Plant for the Facilities, to be provided by the Contractor under the Contract, such as transportation and provision of marine or other similar insurance, inspection, expediting, site preparation works (including the provision and use of Contractor’s Equipment and the supply of all construction materials required), installation, testing, precommissioning, commissioning, operations, maintenance, the provision of operations and maintenance manuals, training, etc… as the case may require. “Contractor’s Equipment” means all facilities, equipment, machinery, tools, apparatus, appliances or things of every kind required in or for installation, completion and maintenance of Facilities that are to be provided by the Contractor, but does not include Plant, or other things intended to form or forming part of the Facilities. “Country of Origin” means the countries and territories eligible under the rules of the Bank as further elaborated in the PCC. “Site” means the land and other places upon which the Facilities are to be installed, and such other land or places as may be specified in the Contract as forming part of the Site. “Effective Date” means the date of fulfillment of all conditions stated in Article 3 (Effective Date) of the Contract Agreement, from which the Time for Completion shall be counted. “Time for Completion” means the time within which Completion of the Facilities as a whole (or of a part of the Facilities where a separate Time for Completion of such part has been prescribed) is to be attained, as referred to in GCC Clause 8 and in accordance with the relevant provisions of the Contract. “Completion” means that the Facilities (or a specific part thereof where specific parts are specified in the Contract) have been completed operationally and structurally and put in a tight and clean condition, that all work in respect of Precommissioning of the Facilities or such specific part thereof has been completed, and that the Facilities or specific part thereof are ready for Commissioning as provided in GCC Clause 24 (Completion) hereof. “Precommissioning” means the testing, checking and other requirements specified in the Employer’s Requirements that are to be carried out by the Contractor in preparation for Commissioning as provided in GCC Clause 24 (Completion) hereof. “Commissioning” means operation of the Facilities or any part thereof by the Contractor following Completion, which operation is to be carried out by the Contractor as provided in GCC Sub-Clause 25.1 (Commissioning) hereof, for the purpose of carrying out Guarantee Test(s). “Guarantee Test(s)” means the test(s) specified in the Employer’s Requirements to be carried out to ascertain whether the Facilities or a specified part thereof is able to attain the Functional Guarantees specified in the Appendix to the Contract Agreement titled Functional Guarantees, in accordance with the provisions of GCC Sub-Clause 25.2 (Guarantee Test) hereof. “Operational Acceptance” means the acceptance by the Employer of the Facilities (or any part of the Facilities where the Contract provides for acceptance of the Facilities in parts), which certifies the Contractor’s fulfillment of the Contract in respect of Functional Guarantees of the Facilities (or the relevant part thereof) in accordance with the provisions of GCC Clause 28 (Functional Guarantees) hereof and shall include deemed acceptance in accordance with GCC Clause 25 (Commissioning and Operational Acceptance) hereof. “Defect Liability Period” means the period of validity of the warranties given by the Contractor commencing at Completion of the Facilities or a part thereof, during which the Contractor is responsible for defects with respect to the Facilities (or the relevant part thereof) as provided in GCC Clause 27 (Defect Liability) hereof. “ES” means Environmental and Social (including Sexual Exploitation and Abuse (SEA), and Sexual Harassment (SH)). “Sexual Exploitation and Abuse” “(SEA)” means the following: Sexual Exploitation is defined as any actual or attempted abuse of position of vulnerability, differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another. Sexual Abuse is defined as the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions; “Sexual Harassment” “(SH)” is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by the Contractor’s Personnel with other Contractor’s Personnel or Employer’s Personnel. “Contractor’s Personnel” means all personnel whom the Contractor utilizes in the execution of the Contract, including the staff, labor and other employees of the Contractor and each Subcontractor; and any other personnel assisting the Contractor in the execution of the Contract; and “Employer’s Personnel” means all staff, labor and other employees of the Project Manager and of the Employer engaged in fulfilling the Employer’s obligations under the Contract; and any other personnel identified as Employer’s Personnel, by a notice from the Employer to the Contractor. | ||
2. Contract Documents | 2.1 Subject to Article 1.2 (Order of Precedence) of the Contract Agreement, all documents forming part of the Contract (and all parts thereof) are intended to be correlative, complementary and mutually explanatory. The Contract shall be read as a whole. | ||
3. Interpretation | 3.1 In the Contract, except where the context requires otherwise:
The marginal words and other headings shall not be taken into consideration in the interpretation of these Conditions. 3.2 Incoterms Unless inconsistent with any provision of the Contract, the meaning of any trade term and the rights and obligations of Parties thereunder shall be as prescribed by Incoterms. Incoterms means international rules for interpreting trade terms published by the International Chamber of Commerce (latest edition), 38 Cours Albert 1er, 75008 Paris, France. 3.3 Entire Agreement Subject to GCC Sub-Clause 16.4 hereof, the Contract constitutes the entire agreement between the Employer and Contractor with respect to the subject matter of Contract and supersedes all communications, negotiations and agreements (whether written or oral) of Parties with respect thereto made prior to the date of Contract. 3.4 Amendment No amendment or other variation of the Contract shall be effective unless it is in writing, is dated, expressly refers to the Contract, and is signed by a duly authorized representative of each Party hereto. 3.5 Independent Contractor The Contractor shall be an independent contractor performing the Contract. The Contract does not create any agency, partnership, joint venture or other joint relationship between the Parties hereto. Subject to the provisions of the Contract, the Contractor shall be solely responsible for the manner in which the Contract is performed. All employees, representatives or Subcontractors engaged by the Contractor in connection with the performance of the Contract shall be under the complete control of the Contractor and shall not be deemed to be employees of the Employer, and nothing contained in the Contract or in any subcontract awarded by the Contractor shall be construed to create any contractual relationship between any such employees, representatives or Subcontractors and the Employer. 3.6 Non-Waiver 3.6.1 Subject to GCC Sub-Clause 3.6.2 below, no relaxation, forbearance, delay or indulgence by either Party in enforcing any of the terms and conditions of the Contract or the granting of time by either Party to the other shall prejudice, affect or restrict the rights of that Party under the Contract, nor shall any waiver by either Party of any breach of Contract operate as waiver of any subsequent or continuing breach of Contract. 3.6.2 Any waiver of a Party’s rights, powers or remedies under the Contract must be in writing, must be dated and signed by an authorized representative of the Party granting such waiver, and must specify the right and the extent to which it is being waived. 3.7 Severability If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of the Contract. 3.8 Country of Origin “Origin” means the place where the plant and component parts thereof are mined, grown, produced or manufactured, and from which the services are provided. Plant components are produced when, through manufacturing, processing, or substantial or major assembling of components, a commercially recognized product results that is substantially different in its basic characteristics or in purpose or utility from its components. | ||
4. Communications | 4.1 Wherever these Conditions provide for the giving or issuing of approvals, certificates, consents, determinations, notices, requests and discharges, these communications shall be:
When a certificate is issued to a Party, the certifier shall send a copy to the other Party. When a notice is issued to a Party, by the other Party or the Project Manager, a copy shall be sent to the Project Manager or the other Party, as the case may be. | ||
5. Law and Language | 5.1 The Contract shall be governed by and interpreted in accordance with laws of the country specified in the PCC.
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6. Fraud and Corruption |
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7. Scope of Facilities | 7.1 Unless otherwise expressly limited in the Employer’s Requirements, the Contractor’s obligations cover the provision of all Plant and the performance of all Installation Services required for the design, and the manufacture (including procurement, quality assurance, construction, installation, associated civil works, Precommissioning and delivery) of the Plant, and the installation, completion and commissioning of the Facilities in accordance with the plans, procedures, specifications, drawings, codes and any other documents as specified in the Section, Employer’s Requirements. Such specifications include, but are not limited to, the provision of supervision and engineering services; the supply of labor, materials, equipment, spare parts (as specified in GCC Sub-Clause 7.3 below) and accessories; Contractor’s Equipment; construction utilities and supplies; temporary materials, structures and facilities; transportation (including, without limitation, unloading and hauling to, from and at the Site); and storage, except for those supplies, works and services that will be provided or performed by the Employer, as set forth in the Appendix to the Contract Agreement titled Scope of Works and Supply by the Employer. 7.2 The Contractor shall, unless specifically excluded in the Contract, perform all such work and/or supply all such items and materials not specifically mentioned in the Contract but that can be reasonably inferred from the Contract as being required for attaining Completion of the Facilities as if such work and/or items and materials were expressly mentioned in the Contract. 7.3 In addition to the supply of Mandatory Spare Parts included in the Contract, the Contractor agrees to supply spare parts required for the operation and maintenance of the Facilities for the period specified in the PCC and the provisions, if any, specified in the PCC. However, the identity, specifications and quantities of such spare parts and the terms and conditions relating to the supply thereof are to be agreed between the Employer and the Contractor, and the price of such spare parts shall be that given in Price Schedule No. 6, which shall be added to the Contract Price. The price of such spare parts shall include the purchase price therefor and other costs and expenses (including the Contractor’s fees) relating to the supply of spare parts. |
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8. Time for Commencement and Completion | 8.1 The Contractor shall commence work on the Facilities within the period specified in the PCC and without prejudice to GCC Sub-Clauses 9.9 and 26.2 hereof, the Contractor shall thereafter proceed with the Facilities in accordance with the time schedule specified in the Appendix to the Contract Agreement titled Time Schedule. 8.2 The Contractor shall attain Completion of the Facilities or of a part where a separate time for Completion of such part is specified in the Contract, within the time stated in the PCC or within such extended time to which the Contractor shall be entitled under GCC Clause 40 hereof. |
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9. Contractor’s Responsibilities | 9.1 The Contractor shall design, manufacture including associated purchases and/or subcontracting, install and complete the Facilities in accordance with the Contract. When completed, the Facilities should be fit for the purposes for which they are intended as defined in the Contract. 9.2 The Contractor confirms that it has entered into this Contract on the basis of a proper examination of the data relating to the Facilities including any data as to boring tests provided by the Employer, and on the basis of information that the Contractor could have obtained from a visual inspection of the Site if access thereto was available and of other data readily available to it relating to the Facilities as of the date twenty-eight (28) days prior to Bid submission. The Contractor acknowledges that any failure to acquaint itself with all such data and information shall not relieve its responsibility for properly estimating the difficulty or cost of successfully performing the Facilities. 9.3 The Contractor shall acquire and pay for all permits, approvals and/or licenses from all local, state or national government authorities or public service undertakings in the country where the Site is located which such authorities or undertakings require the Contractor to obtain in its name and which are necessary for the performance of the Contract, including, without limitation, visas for the Contractor’s Personnel and entry permits for all imported Contractor’s Equipment. The Contractor shall acquire all other permits, approvals and/or licenses that are not the responsibility of the Employer under GCC Sub-Clause 10.3 hereof and that are necessary for the performance of the Contract. 9.4 The Contractor shall comply with all laws in force in the country where the Facilities are to be implemented. The laws will include all local, state, national or other laws that affect the performance of the Contract and bind upon the Contractor. The Contractor shall indemnify and hold harmless the Employer from and against any and all liabilities, damages, claims, fines, penalties and expenses of whatever nature arising or resulting from the violation of such laws by the Contractor or its personnel, including the Subcontractors and their personnel, but without prejudice to GCC Sub-Clause 10.1 hereof. 9.5 Any Plant and Installation Services that will be incorporated in or be required for the Facilities and other supplies shall have their origin as specified under GCC Clause 1 (Country of Origin). Any subcontractors retained by the Contractor shall be from a country as specified in GCC Clause 1 (Country of Origin). 9.6 If the Contractor is a joint venture, or association (JV) of two or more persons, all such persons shall be jointly and severally bound to the Employer for the fulfillment of the provisions of the Contract, and shall designate one of such persons to act as a leader with authority to bind the JV. The composition or the constitution of the JV shall not be altered without the prior consent of the Employer. 9.7 Pursuant to paragraph 2.2 e. of Appendix B to the General Conditions the Contractor shall permit and shall cause its agents (where declared or not), subcontractors, subconsultants, service providers, suppliers, and personnel, to permit, the Bank and/or persons appointed by the Bank to inspect the site and/or the accounts, records and other documents relating to the procurement process, selection and/or contract execution, and to have such accounts, records and other documents audited by auditors appointed by the Bank. The Contractor’s and its Subcontractors’ and subconsultants’ attention is drawn to Sub-Clause 6.1 (Fraud and Corruption) which provides, inter alia, that acts intended to materially impede the exercise of the Bank’s inspection and audit rights constitute a prohibited practice subject to contract termination (as well as to a determination of ineligibility pursuant to the Bank’s prevailing sanctions procedures). 9.8 The Contractor shall conform to the sustainable procurement contractual provisions, if and as specified in the PCC. 9.9 Contractor’s Environmental and Social Management Plan (C-ESMP) The Contractor shall not carry out mobilization to Site unless the Project Manager gives approval, an approval that shall not be unreasonably delayed, to the measures the Contractor proposes to address environmental and social risks and impacts including the code of conduct, in accordance with GCC Sub-Clause 22.4. The Contractor shall submit, to the Project Manager for Review, any additional Management Strategies and Implementation Plans as are necessary to manage the ES risks and impacts of the Facilities. These Management Strategies and Implementation Plans collectively comprise the Contractor’s Environmental and Social Management Plan (C-ESMP). The Contractor shall review the C-ESMP, periodically (but not less than every six (6) months), and update it as required to ensure that it contains measures appropriate to the Facilities. The updated C-ESMP shall be submitted to the Project Manager for its approval. 9.10 Training of Contractor’s Personnel The Contractor shall provide appropriate training to relevant Contractor’s Personnel on ES aspects of the Contract, including appropriate sensitization on prohibition of SEA and health and safety training referred to in GCC Sub-Clause 22.2.7. As stated in the Employer’s Requirements or as instructed by the Project Manager, the Contractor shall also allow appropriate opportunities for the relevant Contractor’s Personnel to be trained on ES aspects of the Contract by the Employer’s personnel and/or other personnel assigned by the Employer. 9.11 Stakeholder engagements The Contractor shall provide relevant contract- related information, as the Employer and/or Project Manager may reasonably request to conduct contract stakeholder engagement. “Stakeholder” refers to individuals or groups who:
The Contractor may also directly participate in contract stakeholder engagements, as the Employer and/or Project Manager may reasonably request. 9.12 Forced Labor The Contractor, including its Subcontractors, shall not employ or engage forced labour. Forced labour consists of any work or service, not voluntarily performed, that is exacted from an individual under threat of force or penalty, and includes any kind of involuntary or compulsory labour, such as indentured labour, bonded labour or similar labour-contracting arrangements. No persons shall be employed or engaged who have been subject to trafficking. Trafficking in persons is defined as the recruitment, transportation, transfer, harbouring or receipt of persons by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power, or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purposes of exploitation. The Contractor shall also take measures to require its suppliers (other than Subcontractors) not to employ or engage forced labour including trafficked persons. If forced labour/trafficking cases are identified, the Contractor shall take measures to require the suppliers to take appropriate steps to remedy them. Where the supplier does not remedy the situation, the Contractor shall within a reasonable period substitute the supplier with a supplier that is able to manage such risks. 9.13 Child Labor The Contractor, including its Subcontractors, shall not employ or engage a child under the age of 14 unless the national law specifies a higher age (the minimum age). The Contractor, including its Subcontractors, shall not employ or engage a child between the minimum age and the age of 18 in a manner that is likely to be hazardous, or to interfere with, the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral, or social development. The Contractor including its Subcontractors, shall only employ or engage children between the minimum age and the age of 18 after an appropriate risk assessment has been conducted by the Contractor with the Engineer’s consent. The Contractor shall be subject to regular monitoring by the Project Manager that includes monitoring of health, working conditions and hours of work. Work considered hazardous for children is work that, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety, or morals of children. Such work activities prohibited for children include work:
The Contractor shall also take measures to require its suppliers (other than Subcontractors) not to employ or engage child labor. If child labor cases are identified, the Contractor shall take measures to require the suppliers to take appropriate steps to remedy them. Where the supplier does not remedy the situation, the Contractor shall within a reasonable period substitute the supplier with a supplier that is able to manage such risks. 9.14 Serious Safety Issues The Contractor, including its Subcontractors, shall comply with all applicable safety obligations. The Contractor shall also take measures to require its suppliers (other than Subcontractors) to adopt procedures and mitigation measures adequate to address safety issues related to their personnel. If serious safety issues are identified, the Contractor shall take measures to require the suppliers to take appropriate steps to remedy them. Where the supplier does not remedy the situation, the Contractor shall within a reasonable period substitute the supplier with a supplier that is able to manage such risks. 9.15 Obtaining natural resource materials The Contractor shall obtain natural resource materials from suppliers that can demonstrate, through compliance with the applicable verification and/ or certification requirements, that obtaining such materials is not contributing to the risk of significant conversion or significant degradation of natural or critical habitats such as unsustainably harvested wood products, gravel or sand extraction from riverbeds or beaches. If a supplier cannot continue to demonstrate that obtaining such materials is not contributing to the risk of significant conversion or significant degradation of natural or critical habitats, the Contractor shall within a reasonable period substitute the supplier with a supplier that is able to demonstrate that they are not significantly adversely impacting the habitats. 9.16 Site Signage The Contractor shall not post and shall ensure that its Subcontractors/suppliers/manufacturers and Contractors’ Personnel shall not post, any signage on the Site, or in any other place where the Works will be carried out, except such signage as is required under the Contract, including by the Laws of the Country, or has been approved by the Employer. For the purposes of this sub-clause, signage shall include, inter alia, flags, billboards, advertising materials and any other similar item separately posted on the Site. |
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10. Employer’s Responsibilities | 10.1 All information and/or data to be supplied by the Employer as described in the Appendix to the Contract Agreement titled Scope of Works and Supply by the Employer, shall be deemed to be accurate, except when the Employer expressly states otherwise. 10.2 The Employer shall be responsible for acquiring and providing legal and physical possession of the Site and access thereto, and for providing possession of and access to all other areas reasonably required for the proper execution of the Contract, including all requisite rights of way, as specified in the Appendix to the Contract Agreement titled Scope of Works and Supply by the Employer. The Employer shall give full possession of and accord all rights of access thereto on or before the date(s) specified in that Appendix. 10.3 The Employer shall acquire and pay for all permits, approvals and/or licenses from all local, state or national government authorities or public service undertakings in the country where the Site is located which (a) such authorities or undertakings require the Employer to obtain in the Employer’s name, (b) are necessary for the execution of the Contract, including those required for the performance by both the Contractor and the Employer of their respective obligations under the Contract, and (c) are specified in the Appendix (Scope of Works and Supply by the Employer). 10.4 If requested by the Contractor, the Employer shall use its best endeavors to assist the Contractor in obtaining in a timely and expeditious manner all permits, approvals and/or licenses necessary for the execution of the Contract from all local, state or national government authorities or public service undertakings that such authorities or undertakings require the Contractor or Subcontractors or the personnel of the Contractor or Subcontractors, as the case may be, to obtain. 10.5 Unless otherwise specified in the Contract or agreed upon by the Employer and the Contractor, the Employer shall provide sufficient, properly qualified operating and maintenance personnel; shall supply and make available all raw materials, utilities, lubricants, chemicals, catalysts, other materials and facilities; and shall perform all work and services of whatsoever nature, including those required by the Contractor to properly carry out Precommissioning, Commissioning and Guarantee Tests, all in accordance with the provisions of the Appendix to the Contract Agreement titled Scope of Works and Supply by the Employer, at or before the time specified in the program furnished by the Contractor under GCC Sub-Clause 18.2 hereof and in the manner thereupon specified or as otherwise agreed upon by the Employer and the Contractor. 10.6 The Employer shall be responsible for the continued operation of the Facilities after Completion, in accordance with GCC Sub-Clause 24.8, and shall be responsible for facilitating the Guarantee Test(s) for the Facilities, in accordance with GCC Sub-Clause 25.2. 10.7 All costs and expenses involved in the performance of the obligations under this GCC Clause 10 shall be the responsibility of the Employer, save those to be incurred by the Contractor with respect to the performance of Guarantee Tests, in accordance with GCC Sub-Clause 25.2. 10.8 In the event that the Employer shall be in breach of any of his obligations under this Clause, the additional cost incurred by the Contractor in consequence thereof shall be determined by the Project Manager and added to the Contract Price. |
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11. Contract Price | 11.1 The Contract Price shall be as specified in Article 2 (Contract Price and Terms of Payment) of the Contract Agreement. 11.2 Unless an adjustment clause is provided for in the PCC, the Contract Price shall be a firm lump sum not subject to any alteration, except in the event of a Change in the Facilities or as otherwise provided in the Contract. 11.3 Subject to GCC Sub-Clauses 9.2, 10.1 and 35 hereof, the Contractor shall be deemed to have satisfied itself as to the correctness and sufficiency of the Contract Price, which shall, except as otherwise provided for in the Contract, cover all its obligations under the Contract. |
12. Terms of Payment | 12.1 The Contract Price shall be paid as specified in Article 2 (Contract Price and Terms of Payment) of the Contract Agreement and in the Appendix to the Contract Agreement titled Terms and Procedures of Payment, which also outlines the procedures to be followed in making application for and processing payments. 12.2 No payment made by the Employer herein shall be deemed to constitute acceptance by the Employer of the Facilities or any part(s) thereof. 12.3 In the event that the Employer fails to make any payment by its respective due date or within the period set forth in the Contract, the Employer shall pay to the Contractor interest on the amount of such delayed payment at the rate(s) shown in the Appendix to the Contract Agreement titled Terms and Procedures of Payment, for the period of delay until payment has been made in full, whether before or after judgment or arbitrage award. 12.4 The currency or currencies in which payments are made to the Contractor under this Contract shall be specified in the Appendix to the Contract Agreement titled Terms and Procedures of Payment, subject to the general principle that payments will be made in the currency or currencies in which the Contract Price has been stated in the Contractor’s Bid. 12.5 As specified in the PCC, if the Contractor fails to perform its cyber security obligations under the Contract, an assessed amount, as determined by the Project Manager, may be withheld until the obligation has been performed. |
13. Securities | 13.1 Issuance of Securities The Contractor shall provide the securities specified below in favor of the Employer at the times, and in the amount, manner and form specified below. 13.2 Advance Payment Security 13.2.1 The Contractor shall, within twenty-eight (28) days of the notification of contract award, provide a security in an amount equal to the advance payment calculated in accordance with the Appendix to the Contract Agreement titled Terms and Procedures of Payment, and in the same currency or currencies. 13.2.2 The security shall be in the form provided in the Bidding documents or in another form acceptable to the Employer. The amount of the security shall be reduced in proportion to the value of the Facilities executed by and paid to the Contractor from time to time, and shall automatically become null and void when the full amount of the advance payment has been recovered by the Employer. The security shall be returned to the Contractor immediately after its expiration. 13.3 Performance Security 13.3.1 The Contractor shall, within twenty-eight (28) days of the notification of contract award, provide a security for the due performance of the Contract in the amount specified in the PCC. 13.3.2 The Performance Security shall be denominated in the currency or currencies of the Contract, or in a freely convertible currency acceptable to the Employer, and shall be in the form provided in Section X, Contract Forms, corresponding to the type of bank guarantee stipulated by the Employer in the PCC, or in another form acceptable to the Employer. 13.3.3 Unless otherwise specified in the PCC, the security shall be reduced by half on the date of the Operational Acceptance. The Security shall become null and void, or shall be reduced pro rata to the Contract Price of a part of the Facilities for which a separate Time for Completion is provided, five hundred and forty (540) days after Completion of the Facilities or three hundred and sixty five (365) days after Operational Acceptance of the Facilities, whichever occurs first; provided, however, that if the Defects Liability Period has been extended on any part of the Facilities pursuant to GCC Sub-Clause 27.8 hereof, the Contractor shall issue an additional security in an amount proportionate to the Contract Price of that part. The security shall be returned to the Contractor immediately after its expiration, provided, however, that if the Contractor, pursuant to GCC Sub-Clause 27.10, is liable for an extended defect liability obligation, the Performance Security shall be extended for the period specified in the PCC pursuant to GCC Sub-Clause 27.10 and up to the amount specified in the PCC. 13.3.4 The Employer shall not make a claim under the Performance Security, except for amounts to which the Employer is entitled under the Contract. The Employer shall indemnify and hold the Contractor harmless against and from all damages, losses and expenses (including legal fees and expenses) resulting from a claim under the Performance Security to the extent to which the Employer was not entitled to make the claim. |
14. Taxes and Duties | 14.1 Except as otherwise specifically provided in the Contract, the Contractor shall bear and pay all taxes, duties, levies and charges assessed on the Contractor, its Subcontractors or their employees by all municipal, state or national government authorities in connection with the Facilities in and outside of the country where the Site is located. 14.2 Notwithstanding GCC Sub-Clause 14.1 above, the Employer shall bear and promptly pay (a) all customs and import duties for the Plant specified in Price Schedule No. 1; and (b) other domestic taxes such as, sales tax and value added tax (VAT) on the Plant specified in Price Schedules No. 1 and No. 2 and that is to be incorporated into the Facilities, and on the finished goods, imposed by the law of the country where the Site is located. 14.3 If any tax exemptions, reductions, allowances or privileges may be available to the Contractor in the country where the Site is located, the Employer shall use its best endeavors to enable the Contractor to benefit from any such tax savings to the maximum allowable extent. 14.4 For the purpose of the Contract, it is agreed that the Contract Price specified in Article 2 (Contract Price and Terms of Payment) of the Contract Agreement is based on the taxes, duties, levies and charges prevailing at the date twenty-eight (28) days prior to the date of Bid submission in the country where the Site is located (hereinafter called “Tax” in this GCC Sub-Clause 14.4). If any rates of Tax are increased or decreased, a new Tax is introduced, an existing Tax is abolished, or any change in interpretation or application of any Tax occurs in the course of the performance of Contract, which was or will be assessed on the Contractor, Subcontractors or their employees in connection with performance of the Contract, an equitable adjustment of the Contract Price shall be made to fully take into account any such change by addition to the Contract Price or deduction therefrom, as the case may be, in accordance with GCC Clause 36 hereof. |
15. License/Use of Technical Information | 15.1 For the operation and maintenance of the Plant, the Contractor hereby grants a non-exclusive and non-transferable license (without the right to sub-license) to the Employer under the patents, utility models or other industrial property rights owned by the Contractor or by a third Party from whom the Contractor has received the right to grant licenses thereunder, and shall also grant to the Employer a non-exclusive and non-transferable right (without the right to sub-license) to use the know-how and other technical information disclosed to the Employer under the Contract. Nothing contained herein shall be construed as transferring ownership of any patent, utility model, trademark, design, copyright, know-how or other intellectual property right from the Contractor or any third Party to the Employer. 15.2 The copyright in all drawings, documents and other materials containing data and information furnished to the Employer by the Contractor herein shall remain vested in the Contractor or, if they are furnished to the Employer directly or through the Contractor by any third Party, including suppliers of materials, the copyright in such materials shall remain vested in such third Party. |
16. Confidential Information | 16.1 The Employer and the Contractor shall keep confidential and shall not, without the written consent of the other Party hereto, divulge to any third Party any documents, data or other information furnished directly or indirectly by the other Party hereto in connection with the Contract, whether such information has been furnished prior to, during or following termination of the Contract. Notwithstanding the above, the Contractor may furnish to its Subcontractor(s) such documents, data and other information it receives from the Employer to the extent required for the Subcontractor(s) to perform its work under the Contract, in which event the Contractor shall obtain from such Subcontractor(s) an undertaking of confidentiality similar to that imposed on the Contractor under this GCC Clause 16. 16.2 The Employer shall not use such documents, data and other information received from the Contractor for any purpose other than the operation and maintenance of the Facilities. Similarly, the Contractor shall not use such documents, data and other information received from the Employer for any purpose other than the design, procurement of Plant, construction or such other work and services as are required for the performance of the Contract. 16.3 The obligation of a Party under GCC Sub-Clauses 16.1 and 16.2 above, however, shall not apply to that information which (a) now or hereafter enters the public domain through no fault of that Party (b) can be proven to have been possessed by that Party at the time of disclosure and which was not previously obtained, directly or indirectly, from the other Party hereto (c) otherwise lawfully becomes available to that Party from a third Party that has no obligation of confidentiality (d) is being provided to the Bank. 16.4 The above provisions of this GCC Clause 16 shall not in any way modify any undertaking of confidentiality given by either of the Parties hereto prior to the date of the Contract in respect of the Facilities or any part thereof. 16.5 The provisions of this GCC Clause 16 shall survive termination, for whatever reason, of the Contract. |
17. Representatives | 17.1 Project Manager If the Project Manager is not named in the Contract, then within fourteen (14) days of the Effective Date, the Employer shall appoint and notify the Contractor in writing of the name of the Project Manager. The Employer may from time to time appoint some other person as the Project Manager in place of the person previously so appointed, and shall give a notice of the name of such other person to the Contractor without delay. No such appointment shall be made at such a time or in such a manner as to impede the progress of work on the Facilities. Such appointment shall only take effect upon receipt of such notice by the Contractor. The Project Manager shall represent and act for the Employer at all times during the performance of the Contract. All notices, instructions, orders, certificates, approvals and all other communications under the Contract shall be given by the Project Manager, except as herein otherwise provided. All notices, instructions, information and other communications given by the Contractor to the Employer under the Contract shall be given to the Project Manager, except as herein otherwise provided. 17.2 Contractor’s Representative & Construction Manager 17.2.1 If the Contractor’s Representative is not named in the Contract, then within fourteen (14) days of the Effective Date, the Contractor shall appoint the Contractor’s Representative and shall request the Employer in writing to approve the person so appointed. If the Employer makes no objection to the appointment within fourteen (14) days, the Contractor’s Representative shall be deemed to have been approved. If the Employer objects to the appointment within fourteen (14) days giving the reason therefor, then the Contractor shall appoint a replacement within fourteen (14) days of such objection, and the foregoing provisions of this GCC Sub-Clause 17.2.1 shall apply thereto. 17.2.2 The Contractor’s Representative shall represent and act for the Contractor at all times during the performance of the Contract and shall give to the Project Manager all the Contractor’s notices, instructions, information and all other communications under the Contract. All notices, instructions, information and all other communications given by the Employer or the Project Manager to the Contractor under the Contract shall be given to the Contractor’s Representative or, in its absence, its deputy, except as herein otherwise provided. The Contractor shall not revoke the appointment of the Contractor’s Representative without the Employer’s prior written consent, which shall not be unreasonably withheld. If the Employer consents thereto, the Contractor shall appoint some other person as the Contractor’s Representative, pursuant to the procedure set out in GCC Sub-Clause 17.2.1. 17.2.3 The Contractor’s Representative may, subject to the approval of the Employer which shall not be unreasonably withheld, at any time delegate to any person any of the powers, functions and authorities vested in him or her. Any such delegation may be revoked at any time. Any such delegation or revocation shall be subject to a prior notice signed by the Contractor’s Representative, and shall specify the powers, functions and authorities thereby delegated or revoked. No such delegation or revocation shall take effect unless and until a copy thereof has been delivered to the Employer and the Project Manager. Any act or exercise by any person of powers, functions and authorities so delegated to him or her in accordance with this GCC Sub-Clause 17.2.3 shall be deemed to be an act or exercise by the Contractor’s Representative. 17.2.4 From the commencement of installation of the Facilities at the Site until Completion, the Contractor’s Representative shall appoint a suitable person as the Construction Manager. The Construction Manager shall supervise all work done at the Site by the Contractor and shall be present at the Site throughout normal working hours except when on leave, sick or absent for reasons connected with the proper performance of the Contract. Whenever the Construction Manager is absent from the Site, a suitable person shall be appointed to act as the Construction Manager’s deputy. 17.2.5 The Project Manager may require the Contractor to remove (or cause to be removed) the Contractor’s Representative or any other person employed by the Contractor in the execution of the Contract, who:
If appropriate, the Contractor shall then promptly appoint (or cause to be appointed) a suitable replacement with equivalent skills and experience. Notwithstanding any requirement from the Project Manager to remove or cause to remove any person, the Contractor shall take immediate action as appropriate in response to any violation of (a) through (g) above. Such immediate action shall include removing (or causing to be removed) from the Site or other places where the Contract is being executed, any Contractor’s Personnel who engages in (a), (b), (c), (d), (e) or (g) above or has been recruited as stated in (f) above.. 17.2.6 If any representative or person employed by the Contractor is removed in accordance with GCC Sub-Clause 17.2.5, the Contractor shall, where required, promptly appoint a suitable replacement with equivalent skills and experience. |
18. Work Program | 18.1 Contractor’s Organization The Contractor shall supply to the Employer and the Project Manager a chart showing the proposed organization to be established by the Contractor for carrying out work on the Facilities within twenty-one (21) days of the Effective Date. The chart shall include the identities of the key personnel and the curricula vitae of such key personnel to be employed shall be supplied together with the chart. The Contractor shall promptly inform the Employer and the Project Manager in writing of any revision or alteration of such an organization chart. 18.2 Program of Performance Within twenty-eight (28) days after the Effective Date, the Contractor shall submit to the Project Manager a detailed program of performance of the Contract, made in a form acceptable to the Project Manager and showing the sequence in which it proposes to design, manufacture, transport, assemble, install and precommission the Facilities, as well as the date by which the Contractor reasonably requires that the Employer shall have fulfilled its obligations under the Contract so as to enable the Contractor to execute the Contract in accordance with the program and to achieve Completion, Commissioning and Acceptance of the Facilities in accordance with the Contract. The program so submitted by the Contractor shall accord with the Time Schedule included in the Appendix to the Contract Agreement titled Time Schedule, and any other dates and periods specified in the Contract. The Contractor shall update and revise the program as and when appropriate or when required by the Project Manager, but without modification in the Times for Completion specified in the PCC pursuant to Sub-Clause 8.2 and any extension granted in accordance with GCC Clause 40, and shall submit all such revisions to the Project Manager. 18.3 Progress Report The Contractor shall monitor progress of all the activities specified in the program referred to in GCC Sub-Clause 18.2 above, and supply a progress report to the Project Manager every month. The progress report shall be in a form acceptable to the Project Manager and shall indicate: (a) percentage completion achieved compared with the planned percentage completion for each activity; and (b) where any activity is behind the program, giving comments and likely consequences and stating the corrective action being taken. Unless otherwise stated in the Employer’s Requirements, each progress report shall include the Environmental and Social (ES) metrics set out in Appendix C. If stated in the PCC, progress report shall include status of compliance to cyber security risks management, and any foreseeable cyber security risk and mitigation. In addition to the progress reports, the Contractor shall inform the Project Manager immediately of any allegation, incident or accident in the Site, which has or is likely to have a significant adverse effect on the environment, the affected communities, the public, Employer’s Personnel or Contractor’s Personnel. This includes, but is not limited to, any incident or accident causing fatality or serious injury; significant adverse effects or damage to private property; any cyber security incidents as specified in the PCC; or any allegation of SEA and/or SH. In case of SEA and/or SH, while maintaining confidentiality as appropriate, the type of allegation (sexual exploitation, sexual abuse or sexual harassment), gender and age of the person who experienced the alleged incident should be included in the information. The Contractor, upon becoming aware of the allegation, incident or accident, shall also immediately inform the Project Manager of any such incident or accident on the Subcontractors’ or suppliers’ premises relating to the Facilities which has or is likely to have a significant adverse effect on the environment, the affected communities, the public, Employer’s Personnel, or Contractor’s, its Subcontractors’ and suppliers’ personnel. The notification shall provide sufficient detail regarding such incidents or accidents. The Contractor shall provide full details of such incidents or accidents to the Project Manager within the timeframe agreed with the Project Manager. The Contractor shall require its Subcontractors and suppliers to immediately notify the Contractor of any incidents or accidents referred to in this Subclause. 18.4 Progress of Performance If at any time the Contractor’s actual progress falls behind the program referred to in GCC Sub-Clause 18.2, or it becomes apparent that it will so fall behind, the Contractor shall, at the request of the Employer or the Project Manager, prepare and submit to the Project Manager a revised program, taking into account the prevailing circumstances, and shall notify the Project Manager of the steps being taken to expedite progress so as to attain Completion of the Facilities within the Time for Completion under GCC Sub-Clause 8.2, any extension thereof entitled under GCC Sub-Clause 40.1, or any extended period as may otherwise be agreed upon between the Employer and the Contractor. 18.5 Procedures The Contract shall be executed in accordance with the Contract Documents including the procedures given in the Forms and Procedures of the Employer’s Requirements. The Contractor may execute the Contract in accordance with its own standard project execution plans and procedures to the extent that they do not conflict with the provisions contained in the Contract. |
19. Subcontracting | 19.1 The Appendix to the Contract Agreement titled List of Major Items of Plant and Installation Services and List of Approved Subcontractors, specifies major items of supply or services and a list of approved Subcontractors against each item, including manufacturers. Insofar as no Subcontractors are listed against any such item, the Contractor shall prepare a list of Subcontractors for such item for inclusion in such list. The Contractor may from time to time propose any addition to or deletion from any such list. The Contractor shall submit any such list or any modification thereto to the Employer for its approval in sufficient time so as not to impede the progress of work on the Facilities. Submission by the Contractor, for addition of any Subcontractor not named in the Contract, shall also include the Subcontractor’s declaration in accordance with Appendix D- Sexual exploitation and Abuse (SEA) and/or Sexual Harassment (SH) Performance Declaration. Approval by the Employer for any of the Subcontractors shall not relieve the Contractor from any of its obligations, duties or responsibilities under the Contract. 19.2 The Contractor shall select and employ its Subcontractors for such major items from those listed in the lists referred to in GCC Sub-Clause 19.1. 19.3 For items or parts of the Facilities not specified in the Appendix to the Contract Agreement titled List of Major Items of Plant and Installation Services and List of Approved Subcontractors, the Contractor may employ such Subcontractors as it may select, at its discretion. 19.4 Each sub-contract shall include provisions which would entitle the Employer to require the sub-contract to be assigned to the Employer under GCC 19.5 (if and when applicable), or in event of termination by the Employer under GCC 42.2. 19.5 If a Subcontractor's obligations extend beyond the expiry date of the relevant Defects Liability Period and the Project Manager, prior to that date, instructs the Contractor to assign the benefits of such obligations to the Employer, then the Contractor shall do so. 19.6 The Contractor shall ensure that its Subcontractors execute the Facilities in accordance with the Contract, including complying with the relevant ES requirements and the obligations set out in GCC Sub-Clause 22.4. |
20. Design and Engineering | 20.1 Specifications and Drawings 20.1.1 The Contractor shall execute the basic and detailed design and the engineering work in compliance with the provisions of the Contract, or where not so specified, in accordance with good engineering practice. The Contractor shall be responsible for any discrepancies, errors or omissions in the specifications, drawings and other technical documents that it has prepared, whether such specifications, drawings and other documents have been approved by the Project Manager or not, provided that such discrepancies, errors or omissions are not because of inaccurate information furnished in writing to the Contractor by or on behalf of the Employer. 20.1.2 The Contractor shall be entitled to disclaim responsibility for any design, data, drawing, specification or other document, or any modification thereof provided or designated by or on behalf of the Employer, by giving a notice of such disclaimer to the Project Manager. 20.2 Codes and Standards Wherever references are made in the Contract to codes and standards in accordance with which the Contract shall be executed, the edition or the revised version of such codes and standards current at the date twenty-eight (28) days prior to date of Bid submission shall apply unless otherwise specified. During Contract execution, any changes in such codes and standards shall be applied subject to approval by the Employer and shall be treated in accordance with GCC Clause 39. 20.3 Approval/Review of Technical Documents by Project Manager 20.3.1 The Contractor shall prepare or cause its Subcontractors to prepare, and furnish to the Project Manager the documents listed in the Appendix to the Contract Agreement titled List of Documents for Approval or Review, for its approval or review as specified and in accordance with the requirements of GCC Sub-Clause 18.2 (Program of Performance). Any part of the Facilities covered by or related to the documents to be approved by the Project Manager shall be executed only after the Project Manager’s approval thereof. GCC Sub-Clauses 20.3.2 through 20.3.7 shall apply to those documents requiring the Project Manager’s approval, but not to those furnished to the Project Manager for its review only. 20.3.2 Within fourteen (14) days after receipt by the Project Manager of any document requiring the Project Manager’s approval in accordance with GCC Sub-Clause 20.3.1, the Project Manager shall either return one copy thereof to the Contractor with its approval endorsed thereon or shall notify the Contractor in writing of its disapproval thereof and the reasons therefor and the modifications that the Project Manager proposes. If the Project Manager fails to take such action within the said fourteen (14) days, then the said document shall be deemed to have been approved by the Project Manager. 20.3.3 The Project Manager shall not disapprove any document, except on the grounds that the document does not comply with the Contract or that it is contrary to good engineering practice. 20.3.4 If the Project Manager disapproves the document, the Contractor shall modify the document and resubmit it for the Project Manager’s approval in accordance with GCC Sub-Clause 20.3.2. If the Project Manager approves the document subject to modification(s), the Contractor shall make the required modification(s), whereupon the document shall be deemed to have been approved. 20.3.5 If any dispute or difference occurs between the Employer and the Contractor in connection with or arising out of the disapproval by the Project Manager of any document and/or any modification(s) thereto that cannot be settled between the Parties within a reasonable period, then such dispute or difference may be referred to a Dispute Board for determination in accordance with GCC Sub-Clause 46.1 hereof. If such dispute or difference is referred to a Dispute Board, the Project Manager shall give instructions as to whether and if so, how, performance of the Contract is to proceed. The Contractor shall proceed with the Contract in accordance with the Project Manager’s instructions, provided that if the Dispute Board upholds the Contractor’s view on the dispute and if the Employer has not given notice under GCC Sub-Clause 46.3 hereof, then the Contractor shall be reimbursed by the Employer for any additional costs incurred by reason of such instructions and shall be relieved of such responsibility or liability in connection with the dispute and the execution of the instructions as the Dispute Board shall decide, and the Time for Completion shall be extended accordingly. 20.3.6 The Project Manager’s approval, with or without modification of the document furnished by the Contractor, shall not relieve the Contractor of any responsibility or liability imposed upon it by any provisions of the Contract except to the extent that any subsequent failure results from modifications required by the Project Manager. 20.3.7 The Contractor shall not depart from any approved document unless the Contractor has first submitted to the Project Manager an amended document and obtained the Project Manager’s approval thereof, pursuant to the provisions of this GCC Sub-Clause 20.3. If the Project Manager requests any change in any already approved document and/or in any document based thereon, the provisions of GCC Clause 39 shall apply to such request. |
21. Procurement | 21.1 Plant Subject to GCC Sub-Clause 14.2, the Contractor shall procure and transport all Plant in an expeditious and orderly manner to the Site. 21.2 Employer-Supplied Plant If the Appendix to the Contract Agreement titled Scope of Works and Supply by the Employer, provides that the Employer shall furnish any specific items to the Contractor, the following provisions shall apply: 21.2.1 The Employer shall, at its own risk and expense, transport each item to the place on or near the Site as agreed upon by the Parties and make such item available to the Contractor at the time specified in the program furnished by the Contractor, pursuant to GCC Sub-Clause 18.2, unless otherwise mutually agreed. 21.2.2 Upon receipt of such item, the Contractor shall inspect the same visually and notify the Project Manager of any detected shortage, defect or default. The Employer shall immediately remedy any shortage, defect or default, or the Contractor shall, if practicable and possible, at the request of the Employer, remedy such shortage, defect or default at the Employer’s cost and expense. After inspection, such item shall fall under the care, custody and control of the Contractor. The provision of this GCC Sub-Clause 21.2.2 shall apply to any item supplied to remedy any such shortage or default or to substitute for any defective item, or shall apply to defective items that have been repaired. 21.2.3 The foregoing responsibilities of the Contractor and its obligations of care, custody and control shall not relieve the Employer of liability for any undetected shortage, defect or default, nor place the Contractor under any liability for any such shortage, defect or default whether under GCC Clause 27 or under any other provision of Contract. 21.3 Transportation 21.3.1 The Contractor shall at its own risk and expense transport all the materials and the Contractor’s Equipment to the Site by the mode of transport that the Contractor judges most suitable under all the circumstances. 21.3.2 Unless otherwise provided in the Contract, the Contractor shall be entitled to select any safe mode of transport operated by any person to carry the materials and the Contractor’s Equipment. 21.3.3 Upon dispatch of each shipment of materials and the Contractor’s Equipment, the Contractor shall notify the Employer by telex, cable, facsimile or electronic means, of the description of the materials and of the Contractor’s Equipment, the point and means of dispatch, and the estimated time and point of arrival in the country where the Site is located, if applicable, and at the Site. The Contractor shall furnish the Employer with relevant shipping documents to be agreed upon between the Parties. 21.3.4 The Contractor shall be responsible for obtaining, if necessary, approvals from the authorities for transportation of the materials and the Contractor’s Equipment to the Site. The Employer shall use its best endeavors in a timely and expeditious manner to assist the Contractor in obtaining such approvals, if requested by the Contractor. The Contractor shall indemnify and hold harmless the Employer from and against any claim for damage to roads, bridges or any other traffic facilities that may be caused by the transport of the materials and the Contractor’s Equipment to the Site. 21.4 Customs Clearance The Contractor shall, at its own expense, handle all imported materials and Contractor’s Equipment at the point(s) of import and shall handle any formalities for customs clearance, subject to the Employer’s obligations under GCC Sub-Clause 14.2, provided that if applicable laws or regulations require any application or act to be made by or in the name of the Employer, the Employer shall take all necessary steps to comply with such laws or regulations. In the event of delays in customs clearance that are not the fault of the Contractor, the Contractor shall be entitled to an extension in the Time for Completion, pursuant to GCC Clause 40. |
22. Installation | 22.1 Setting Out/Supervision 22.1.1 Bench Mark: The Contractor shall be responsible for the true and proper setting-out of the Facilities in relation to bench marks, reference marks and lines provided to it in writing by or on behalf of the Employer. If, at any time during the progress of installation of the Facilities, any error shall appear in the position, level or alignment of the Facilities, the Contractor shall forthwith notify the Project Manager of such error and, at its own expense, immediately rectify such error to the reasonable satisfaction of the Project Manager. If such error is based on incorrect data provided in writing by or on behalf of the Employer, the expense of rectifying the same shall be borne by the Employer. 22.1.2 Contractor’s Supervision: The Contractor shall give or provide all necessary superintendence during the installation of the Facilities, and the Construction Manager or its deputy shall be constantly on the Site to provide full-time superintendence of the installation. The Contractor shall provide and employ only technical personnel who are skilled and experienced in their respective callings and supervisory staff who are competent to adequately supervise the work at hand. 22.2 Labor: 22.2.1 Engagement of Staff and Labor Except as otherwise stated in the Employer’s Requirements, the Contractor shall make arrangements for the engagement of all staff and labor, local or otherwise, and for their payment, housing, feeding and transport. The Contractor shall provide and employ on the Site in the installation of the Facilities such skilled, semi-skilled and unskilled labor as is necessary for the proper and timely execution of the Contract. The Contractor is encouraged to use local labor that has the necessary skills. The Contractor shall be responsible for obtaining all necessary permit(s) and/or visa(s) from the appropriate authorities for the entry of all labor and personnel to be employed on the Site into the country where the Site is located. The Employer will, if requested by the Contractor, use his best endeavors in a timely and expeditious manner to assist the Contractor in obtaining any local, state, national or government permission required for bringing in the Contractor’s Personnel. The Contractor shall at its own expense provide the means of repatriation to all of its Contractor’s Personnel employed for the excution of the Contract at the Site or other places where the Installation Services are carried out to the place where they were recruited or to their domicile. It shall also provide suitable temporary maintenance of all such persons from the cessation of their employment on the Contract to the date programmed for their departure. In the event that the Contractor defaults in providing such means of transportation and temporary maintenance, the Employer may provide the same to such personnel and recover the cost of doing so from the Contractor. The Contractor shall provide Contractor’s Personnel employed for the execution of the Contract at the Site or other places where the Installation Services are carried out, relevant information and documentation that are clear and understandable regarding their terms and conditions of employment. The information and documentation shall set out their rights under relevant labor laws applicable to the Contractor’s Personnel (which will include any applicable collective agreements), including their rights related to hours of work, wages, overtime, compensation and benefits, as well as those arising from any requirements in the Employer’s Requirements. The Contractor’s Personnel shall be informed when any material changes to their terms or conditions of employment occur. 22.2.2 Persons in the Service of Employer The Contractor shall not recruit, or attempt to recruit, staff and labor from amongst the Employer’s Personnel. 22.2.3 Labor Laws The Contractor shall comply with all the relevant labor laws applicable to the Contractor’s Personnel, including laws relating to their employment, health, safety, welfare, immigration and emigration, and shall allow them all their legal rights. The Contractor shall at all times during the progress of the Contract use its best endeavors to prevent any unlawful, riotous or disorderly conduct or behavior by or amongst its employees and the labor of its Subcontractors. The Contractor shall, in all dealings with its labor and the labor of its Subcontractors currently employed on or connected with the Contract, pay due regard to all recognized festivals, official holidays, religious or other customs and all local laws and regulations pertaining to the employment of labor. 22.2.4 Rates of Wages and Conditions of Labor The Contractor shall pay rates of wages, and observe conditions of labor, which are not lower than those established for the trade or industry where the work is carried out. If no established rates or conditions are applicable, the Contractor shall pay rates of wages and observe conditions which are not lower than the general level of wages and conditions observed locally by employers whose trade or industry is similar to that of the Contractor. The Contractor shall inform the Contractor’s Personnel about:
The Contractor shall perform such duties in regard to such deductions thereof as may be imposed on him by such laws. Where required by applicable Laws or as stated in the Employer’s Requirements, the Contractor and its Subcontarctors shall provide their personnel written notice of termination of employment and details of severance payments in a timely manner. The Contractor and its Subcontractors shall have paid their personnel (either directly or where appropriate for their benefit) all due wages and entitlements including, as applicable, social security benefits and pension contributions, on or before the end of their engagement/ employment. 22.2.5 Working Hours No work shall be carried out on the Site on locally recognized days of rest, or outside the normal working hours stated in the PCC, unless: (a) otherwise stated in the Contract, (b) the Project Manager gives consent, or (c) the work is unavoidable, or necessary for the protection of life or property or for the safety of the Facilities, in which case the Contractor shall immediately advise the Project Manager. If and when the Contractor considers it necessary to carry out work at night or on public holidays so as to meet the Time for Completion and requests the Project Manager’s consent thereto, the Project Manager shall not unreasonably withhold such consent. This Sub-Clause shall not apply to any work which is customarily carried out by rotary or double-shifts. 22.2.6 Facilities for Staff and Labor Except as otherwise stated in the Employer’s Requirements, the Contractor shall provide and maintain all necessary accommodation and welfare facilities for the Contractor’s Personnel employed for the execution of the Contract at the Site or other places where the Installation Services are carried out. The Contractor shall also provide facilities for the Employer’s Personnel as stated in the Employer’s Requirements. If stated in the Employer’s Requirements, the Contractor shall give access to or provide services that accommodate the physical, social and cultural needs of the Contractor’s Personnel. The Contractor shall also provide similar facilities for the Employer’s Personnel as stated in the Employer’s Requirements. The Contractor shall not permit any of the Contractor’s Personnel to maintain any temporary or permanent living quarters within the structures forming part of the Facilities. 22.2.7 Health and Safety The Contractor shall at all times take all reasonable precautions to maintain the health and safety of the Contractor’s Personnel employed for the execution of Installation Services at the Site (or other places in the country where the Site is located). Subject to GCC Sub-Clause 9.9, the Contractor shall submit to the Project Manager for its approval a health and safety manual which sets out all the health and safety requirements under the Contract. The health and safety manual shall be in addition to any other similar document required under applicable health and safety regulations and Laws. The Contractor shall:
22.2.8 Funeral Arrangements In the event of the death of any of the Contractor’s Personnel or accompanying members of their families, the Contractor shall be responsible for making the appropriate arrangements for their return or burial, unless otherwise specified in the PCC. 22.2.9 Records of Contractor’s Personnel The Contractor shall keep accurate records of the Contractor’s Personnel, including the number of each class of Contractor’s personnel on the Site and the names, ages, genders, hours worked and wages paid to all workers. These records shall be summarized on a monthly basis in a form approved by the Project Manager and shall be available for inspection by the Project Manager until the Contractor has completed all work. 22.2.10 Supply of Foodstuffs The Contractor shall arrange for the provision of a sufficient supply of suitable food as may be stated in the Employer’s Requirements at reasonable prices for the Contractor’s personnel for the purposes of or in connection with the Contract. 22.2.11 Supply of Water The Contractor shall, having regard to local conditions, provide on the Site an adequate supply of drinking and other water for the use of the Contractor’s personnel. 22.2.12 Measures against Insect and Pest Nuisance The Contractor shall at all times take the necessary precautions to protect the Contractor’s Personnel employed on the Site from insect and pest nuisance, and to reduce their danger to health. The Contractor shall comply with all the regulations of the local health authorities, including use of appropriate insecticide. 22.2.13 Alcoholic Liquor or Drugs The Contractor shall not, otherwise than in accordance with the laws of the Country, import, sell, give barter or otherwise dispose of any alcoholic liquor or drugs, or permit or allow importation, sale, gift barter or disposal by Contractor's Personnel. 22.2.14 Arms and Ammunition The Contractor shall not give, barter, or otherwise dispose of, to any person, any arms or ammunition of any kind, or allow Contractor's Personnel to do so. 22.2.15 Workers’ Organizations In countries where the relevant labor laws recognize workers’ rights to form and to join workers’ organizations of their choosing and to bargain collectively without interference, the Contractor shall comply with such laws. In such circumstances, the role of legally established workers’ organizations and legitimate workers’ representatives will be respected, and they will be provided with information needed for meaningful negotiation in a timely manner. Where the relevant labor laws substantially restrict workers’ organizations, the Contractor shall enable alternative means for the Contractor’s Personnel to express their grievances and protect their rights regarding working conditions and terms of employment. The Contractor shall not seek to influence or control these alternative means. The Contractor shall not discriminate or retaliate against the Contractor’s Personnel who participate, or seek to participate, in such organizations and collective bargaining or alternative mechanisms. Workers’ organizations are expected to fairly represent the workers in the workforce. 22.2.16 Non-Discrimination and Equal Opportunity The Contractor shall not make decisions relating to the employment or treatment of Contractor’s Personnel on the basis of personal characteristics unrelated to inherent job requirements. The Contractor shall base the employment of Contractor’s Personnel on the principle of equal opportunity and fair treatment, and shall not discriminate with respect to any aspects of the employment relationship, including recruitment and hiring, compensation (including wages and benefits), working conditions and terms of employment, access to training, job assignment, promotion, termination of employment or retirement, and disciplinary practices. Special measures of protection or assistance to remedy past discrimination or selection for a particular job based on the inherent requirements of the job shall not be deemed discrimination. The Contractor shall provide protection and assistance as necessary to ensure non-discrimination and equal opportunity, including for specific groups such as women, people with disabilities, migrant workers and children (of working age in accordance with GCC Sub-Clause 9.13). 22.2.17 Contractor’s Personnel Grievance Mechanism The Contractor shall have a grievance mechanism for the Contractor’s Personnel, and where relevant the workers’ organizations stated in subclause 22.2.15, to raise workplace concerns. The grievance mechanism shall be proportionate to the nature, scale, risks and impacts of the Contract. The mechanism shall address concerns promptly, using an understandable and transparent process that provides timely feedback to those concerned in a language they understand, without any retribution, and shall operate in an independent and objective manner. The Contractor’s Personnel shall be informed of the grievance mechanism at the time of engagement for the Contract, and the measures put in place to protect them against any reprisal for its use. Measures will be put in place to make the grievance mechanism easily accessible to all Contractor’s Personnel. The grievance mechanism shall not impede access to other judicial or administrative remedies that might be available, or substitute for grievance mechanisms provided through collective agreements. The grievance mechanism may utilize existing grievance mechanisms, providing that they are properly designed and implemented, address concerns promptly, and are readily accessible to such project workers. Existing grievance mechanisms may be supplemented as needed with Contract-specific arrangements. 22.3 Contractor’s Equipment 22.3.1 All Contractor’s Equipment brought by the Contractor onto the Site shall be deemed to be intended to be used exclusively for the execution of the Contract. The Contractor shall not remove the same from the Site without the Project Manager’s consent that such Contractor’s Equipment is no longer required for the execution of the Contract. 22.3.2 Unless otherwise specified in the Contract, upon completion of the Facilities, the Contractor shall remove from the Site all Equipment brought by the Contractor onto the Site and any surplus materials remaining thereon. 22.3.3 The Employer will, if requested, use its best endeavors to assist the Contractor in obtaining any local, state or national government permission required by the Contractor for the export of the Contractor’s Equipment imported by the Contractor for use in the execution of the Contract that is no longer required for the execution of the Contract. 22.4 Site Regulations The Employer and the Contractor shall establish Site regulations setting out the rules to be observed in the execution of the Contract at the Site and shall comply therewith. The Contractor shall prepare and submit to the Project Manager with a copy to the Employer, proposed Site regulations for the Project Manager’s approval, which approval shall not be unreasonably withheld. Such Site regulations shall include, but shall not be limited to, Code of Conduct for environmental and social aspectssubmitted as part of the Bid and agreed to by the Employer, , security arrangements in accordance with GCC Sub-Clause 22.8, safety of the Facilities, gate control, sanitation, medical care, and fire prevention. The Contractor shall take all necessary measures to ensure that each Contractor’s Personnel, employed for the execution of the Contract at the Site or other places where the Installation Services are carried out, is made aware of the Code of Conduct including specific behaviors that are prohibited, and understands the consequences of engaging in such prohibited behaviors. These measures include providing instructions and documentation that can be understood by the Contractor’s Personnel and seeking to obtain that person’s signature acknowledging receipt of such instructions and/or documentation, as appropriate. The Contractor shall also ensure that the Code of Conduct is visibly displayed in multiple locations on the Site and any other place where the Installation Services will be carried out, as well as in areas outside the Site accessible to the local community and project affected people. The posted Code of Conduct shall be provided in languages comprehensible to Contractor’s Personnel, Employer’s Personnel and the local community. The Contractor’s Management Strategy and Implementation Plans shall include appropriate processes for the Contractor to verify compliance with these obligations. 22.5 Opportunities for Other Contractors 22.5.1 The Contractor shall, upon written request from the Employer or the Project Manager, give all reasonable opportunities for carrying out the work to any other contractors employed by the Employer on or near the Site. 22.5.2 If the Contractor, upon written request from the Employer or the Project Manager, makes available to other contractors any roads or ways the maintenance for which the Contractor is responsible, permits the use by such other contractors of the Contractor’s Equipment, or provides any other service of whatsoever nature for such other contractors, the Employer shall fully compensate the Contractor for any loss or damage caused or occasioned by such other contractors in respect of any such use or service, and shall pay to the Contractor reasonable remuneration for the use of such equipment or the provision of such services. 22.5.3 The Contractor shall also so arrange to perform its work as to minimize, to the extent possible, interference with the work of other contractors. The Project Manager shall determine the resolution of any difference or conflict that may arise between the Contractor and other contractors and the workers of the Employer in regard to their work. 22.5.4 The Contractor shall notify the Project Manager promptly of any defects in the other contractors’ work that come to its notice, and that could affect the Contractor’s work. The Project Manager shall determine the corrective measures, if any, required to rectify the situation after inspection of the Facilities. Decisions made by the Project Manager shall be binding on the Contractor. 22.6 Emergency Work If, by reason of an emergency arising in connection with and during the execution of the Contract, any protective or remedial work is necessary as a matter of urgency to prevent damage to the Facilities, the Contractor shall immediately carry out such work. If the Contractor is unable or unwilling to do such work immediately, the Employer may do or cause such work to be done as the Employer may determine is necessary in order to prevent damage to the Facilities. In such event the Employer shall, as soon as practicable after the occurrence of any such emergency, notify the Contractor in writing of such emergency, the work done and the reasons therefor. If the work done or caused to be done by the Employer is work that the Contractor was liable to do at its own expense under the Contract, the reasonable costs incurred by the Employer in connection therewith shall be paid by the Contractor to the Employer. Otherwise, the cost of such remedial work shall be borne by the Employer. 22.7 Site Clearance 22.7.1 Site Clearance in Course of Performance: In the course of carrying out the Contract, the Contractor shall keep the Site reasonably free from all unnecessary obstruction, store or remove any surplus materials, clear away any wreckage, rubbish or temporary works from the Site, and remove any Contractor’s Equipment no longer required for execution of the Contract. 22.7.2 Clearance of Site after Completion: After Completion of all parts of the Facilities, the Contractor shall clear away and remove all wreckage, rubbish and debris of any kind from the Site, and shall leave the Site and Facilities in a clean and safe condition. 22.8 Security of the Site The Contractor shall be responsible for the security of the Site including providing and maintaining at its own expense all lighting, fencing, and watching when and where necessary for the proper execution and the protection of the Facilities, or for the safety of the owners and occupiers of adjacent property and for the safety of the public. If required in the Employer’s Requirements, the Contractor shall submit for the Project Manager’s No-objection a security management plan that sets the security arrangements for the Site. In making security arrangements, the Contractor shall be guided by applicable laws and any other requirements stated in the Employer’s Requirements. The Contractor shall (i) conduct appropriate background checks on any personnel retained to provide security; (ii) train the security personnel adequately (or determine that they are properly trained) in the use of force (and where applicable, firearms), and appropriate conduct towards Contractor’s Personnel, Employer’s personnel and affected communities; and (iii) require the security personnel to act within the applicable Laws and any requirements set out in the Employer’s Reqquirements. The Contractor shall not permit any use of force by security personnel in providing security except when used for preventive and defensive purposes in proportion to the nature and extent of the threat. 22.9 Protection of the Environment The Contractor shall take all necessary measures to:
The Contractor shall ensure that emissions, surface discharges, effluent and any other pollutants from the Contractor’s activities shall exceed neither the values indicated in the Employer’s Requirements, nor those prescribed by applicable laws. In the event of damage to the environment, property and/or nuisance to people, on or off Site as a result of the Contractor’s operations, the Contractor shall agree with the Project Manager the appropriate actions and time scale to remedy, as practicable, the damaged environment to its former condition. The Contractor shall implement such remedies at its cost to the satisfaction of the Project Manager. 22.10 Traffic and Road Safety The Contractor shall take all necessary safety measures to avoid the occurrence of incidents and injuries to any third party associated with the use of Contractor’s Equipment on public roads or other public infrastructure. The Contractor shall monitor and use road safety incidents and accidents reports to identify negative safety issues, and establish and implement necessary measures to resolve them. 22.11 Cultural Heritage Findings All fossils, coins, articles of value or antiquity, structures, groups of structures, and other remains or items of geological, archaeological, paleontological, historical, architectural, religious interest found on the Site shall be placed under the care and custody of the Employer. The Contractor shall:
If the Contractor suffers delay and/or incurs extra costs from complying with the Project Manager instructions, the Contractor shall be entitled to an extension of time under GCC Sub-Clause 40.1, and the amount of such extra costs shall be added to the Contract Price. |
23. Test and Inspection | 23.1 The Contractor shall at its own expense carry out at the place of manufacture and/or on the Site all such tests and/or inspections of the Plant and any part of the Facilities as are specified in the Contract. 23.2 The Employer and the Project Manager or their designated representatives shall be entitled to attend the aforesaid test and/or inspection, provided that the Employer shall bear all costs and expenses incurred in connection with such attendance including, but not limited to, all traveling and board and lodging expenses. 23.3 Whenever the Contractor is ready to carry out any such test and/or inspection, the Contractor shall give a reasonable advance notice of such test and/or inspection and of the place and time thereof to the Project Manager. The Contractor shall obtain from any relevant third Party or manufacturer any necessary permission or consent to enable the Employer and the Project Manager or their designated representatives to attend the test and/or inspection. 23.4 The Contractor shall provide the Project Manager with a certified report of the results of any such test and/or inspection. If the Employer or Project Manager or their designated representatives fails to attend the test and/or inspection, or if it is agreed between the Parties that such persons shall not do so, then the Contractor may proceed with the test and/or inspection in the absence of such persons, and may provide the Project Manager with a certified report of the results thereof. 23.5 The Project Manager may require the Contractor to carry out any test and/or inspection not required by the Contract, provided that the Contractor’s reasonable costs and expenses incurred in the carrying out of such test and/or inspection shall be added to the Contract Price. Further, if such test and/or inspection impede the progress of work on the Facilities and/or the Contractor’s performance of its other obligations under the Contract, due allowance will be made in respect of the Time for Completion and the other obligations so affected. 23.6 If any Plant or any part of the Facilities fails to pass any test and/or inspection, the Contractor shall either rectify or replace such Plant or part of the Facilities and shall repeat the test and/or inspection upon giving a notice under GCC Sub-Clause 23.3. 23.7 If any dispute or difference of opinion shall arise between the Parties in connection with or arising out of the test and/or inspection of the Plant or part of the Facilities that cannot be settled between the Parties within a reasonable period of time, it may be referred to an Dispute Board for determination in accordance with GCC Sub-Clause 46.3. 23.8 The Contractor shall afford the Employer and the Project Manager, at the Employer’s expense, access at any reasonable time to any place where the Plant are being manufactured or the Facilities are being installed, in order to inspect the progress and the manner of manufacture or installation, provided that the Project Manager shall give the Contractor a reasonable prior notice. Without prejudice to GCC Sub-Clause 9.7, as instructed by the Project Manager, the Contractor shall also afford other relevant entities (at the Employer’s or their respective entities’ expense, as appropriate) access to the Facilities, to inspect progress and the manner of the execution of the Facilities, carry out environmental and social audit, as appropriate, or carry out any other duty as stated in the Employer’s Requirements or as instructed by the Project Manager. 23.9 The Contractor agrees that neither the execution of a test and/or inspection of Plant or any part of the Facilities, nor the attendance by the Employer or the Project Manager, nor the issue of any test certificate pursuant to GCC Sub-Clause 23.4, shall release the Contractor from any other responsibilities under the Contract. 23.10 No part of the Facilities or foundations shall be covered up on the Site without the Contractor carrying out any test and/or inspection required under the Contract. The Contractor shall give a reasonable notice to the Project Manager whenever any such parts of the Facilities or foundations are ready or about to be ready for test and/or inspection; such test and/or inspection and notice thereof shall be subject to the requirements of the Contract. 23.11 The Contractor shall uncover any part of the Facilities or foundations, or shall make openings in or through the same as the Project Manager may from time to time require at the Site, and shall reinstate and make good such part or parts. If any parts of the Facilities or foundations have been covered up at the Site after compliance with the requirement of GCC Sub-Clause 23.10 and are found to be executed in accordance with the Contract, the expenses of uncovering, making openings in or through, reinstating, and making good the same shall be borne by the Employer, and the Time for Completion shall be reasonably adjusted to the extent that the Contractor has thereby been delayed or impeded in the performance of any of its obligations under the Contract. |
24. Completion of the Facilities | 24.1 As soon as the Facilities or any part thereof has, in the opinion of the Contractor, been completed operationally and structurally and put in a tight and clean condition as specified in the Employer’s Requirements, excluding minor items not materially affecting the operation or safety of the Facilities, the Contractor shall so notify the Employer in writing. 24.2 Within seven (7) days after receipt of the notice from the Contractor under GCC Sub-Clause 24.1, the Employer shall supply the operating and maintenance personnel specified in the Appendix to the Contract Agreement titled Scope of Works and Supply by the Employer for Precommissioning of the Facilities or any part thereof. Pursuant to the Appendix to the Contract Agreement titled Scope of Works and Supply by the Employer, the Employer shall also provide, within the said seven (7) day period, the raw materials, utilities, lubricants, chemicals, catalysts, facilities, services and other matters required for Precommissioning of the Facilities or any part thereof. 24.3 As soon as reasonably practicable after the operating and maintenance personnel have been supplied by the Employer and the raw materials, utilities, lubricants, chemicals, catalysts, facilities, services and other matters have been provided by the Employer in accordance with GCC Sub-Clause 24.2, the Contractor shall commence Precommissioning of the Facilities or the relevant part thereof in preparation for Commissioning, subject to GCC Sub-Clause 25.5. 24.4 As soon as all works in respect of Precommissioning are completed and, in the opinion of the Contractor, the Facilities or any part thereof is ready for Commissioning, the Contractor shall so notify the Project Manager in writing. 24.5 The Project Manager shall, within fourteen (14) days after receipt of the Contractor’s notice under GCC Sub-Clause 24.4, either issue a Completion Certificate in the form specified in the Employer’s Requirements (Forms and Procedures), stating that the Facilities or that part thereof have reached Completion as of the date of the Contractor’s notice under GCC Sub-Clause 24.4, or notify the Contractor in writing of any defects and/or deficiencies. If the Project Manager notifies the Contractor of any defects and/or deficiencies, the Contractor shall then correct such defects and/or deficiencies, and shall repeat the procedure described in GCC Sub-Clause 24.4. If the Project Manager is satisfied that the Facilities or that part thereof have reached Completion, the Project Manager shall, within seven (7) days after receipt of the Contractor’s repeated notice, issue a Completion Certificate stating that the Facilities or that part thereof have reached Completion as of the date of the Contractor’s repeated notice. If the Project Manager is not so satisfied, then it shall notify the Contractor in writing of any defects and/or deficiencies within seven (7) days after receipt of the Contractor’s repeated notice, and the above procedure shall be repeated. 24.6 If the Project Manager fails to issue the Completion Certificate and fails to inform the Contractor of any defects and/or deficiencies within fourteen (14) days after receipt of the Contractor’s notice under GCC Sub-Clause 24.4 or within seven (7) days after receipt of the Contractor’s repeated notice under GCC Sub-Clause 24.5, or if the Employer makes use of the Facilities or part thereof, then the Facilities or that part thereof shall be deemed to have reached Completion as of the date of the Contractor’s notice or repeated notice, or as of the Employer’s use of the Facilities, as the case may be. 24.7 As soon as possible after Completion, the Contractor shall complete all outstanding minor items so that the Facilities are fully in accordance with the requirements of the Contract, failing which the Employer will undertake such completion and deduct the costs thereof from any monies owing to the Contractor. 24.8 Upon Completion, the Employer shall be responsible for the care and custody of the Facilities or the relevant part thereof, together with the risk of loss or damage thereto, and shall thereafter take over the Facilities or the relevant part thereof. |
25. Commissioning and Operational Acceptance | 25.1 Commissioning 25.1.1 Commissioning of the Facilities or any part thereof shall be commenced by the Contractor immediately after issue of the Completion Certificate by the Project Manager, pursuant to GCC Sub-Clause 24.5, or immediately after the date of the deemed Completion, under GCC Sub-Clause 24.6. 25.1.2 The Employer shall supply the operating and maintenance personnel and all raw materials, utilities, lubricants, chemicals, catalysts, facilities, services and other matters required for Commissioning. 25.1.3 In accordance with the requirements of the Contract, the Contractor’s and Project Manager’s advisory personnel shall attend the Commissioning, including the Guarantee Test, and shall advise and assist the Employer. 25.2 Guarantee Test 25.2.1 Subject to GCC Sub-Clause 25.5, the Guarantee Test and repeats thereof shall be conducted by the Contractor during Commissioning of the Facilities or the relevant part thereof to ascertain whether the Facilities or the relevant part can attain the Functional Guarantees specified in the Appendix to the Contract Agreement titled Functional Guarantees. The Employer shall promptly provide the Contractor with such information as the Contractor may reasonably require in relation to the conduct and results of the Guarantee Test and any repeats thereof. 25.2.2 If for reasons not attributable to the Contractor, the Guarantee Test of the Facilities or the relevant part thereof cannot be successfully completed within the period from the date of Completion specified in the PCC or any other period agreed upon by the Employer and the Contractor, the Contractor shall be deemed to have fulfilled its obligations with respect to the Functional Guarantees, and GCC Sub-Clauses 28.2 and 28.3 shall not apply. 25.3 Operational Acceptance 25.3.1 Subject to GCC Sub-Clause 25.4 below, Operational Acceptance shall occur in respect of the Facilities or any part thereof when (a) the Guarantee Test has been successfully completed and the Functional Guarantees are met; or (b) the Guarantee Test has not been successfully completed or has not been carried out for reasons not attributable to the Contractor within the period from the date of Completion specified in the PCC pursuant to GCC Sub-Clause 25.2.2 above or any other period agreed upon by the Employer and the Contractor; or (c) the Contractor has paid the liquidated damages specified in GCC Sub-Clause 28.3 hereof; and (d) any minor items mentioned in GCC Sub-Clause 24.7 hereof relevant to the Facilities or that part thereof have been completed. 25.3.2 At any time after any of the events set out in GCC Sub-Clause 25.3.1 have occurred, the Contractor may give a notice to the Project Manager requesting the issue of an Operational Acceptance Certificate in the form provided in the Employer’s Requirements (Forms and Procedures) in respect of the Facilities or the part thereof specified in such notice as of the date of such notice. 25.3.3 The Project Manager shall, after consultation with the Employer, and within seven (7) days after receipt of the Contractor’s notice, issue an Operational Acceptance Certificate. 25.3.4 If within seven (7) days after receipt of the Contractor’s notice, the Project Manager fails to issue the Operational Acceptance Certificate or fails to inform the Contractor in writing of the justifiable reasons why the Project Manager has not issued the Operational Acceptance Certificate, the Facilities or the relevant part thereof shall be deemed to have been accepted as of the date of the Contractor’s said notice. 25.4 Partial Acceptance 25.4.1 If the Contract specifies that Completion and Commissioning shall be carried out in respect of parts of the Facilities, the provisions relating to Completion and Commissioning including the Guarantee Test shall apply to each such part of the Facilities individually, and the Operational Acceptance Certificate shall be issued accordingly for each such part of the Facilities. 25.4.2 If a part of the Facilities comprises facilities such as buildings, for which no Commissioning or Guarantee Test is required, then the Project Manager shall issue the Operational Acceptance Certificate for such facility when it attains Completion, provided that the Contractor shall thereafter complete any outstanding minor items that are listed in the Operational Acceptance Certificate. 25.5 Delayed Precommissioning and/or Guarantee Test 25.5.1 In the event that the Contractor is unable to proceed with the Precommissioning of the Facilities pursuant to Sub-Clause 24.3, or with the Guarantee Test pursuant to Sub-Clause 25.2, for reasons attributable to the Employer either on account of non availability of other facilities under the responsibilities of other contractor(s), or for reasons beyond the Contractor’s control, the provisions leading to “deemed” completion of activities such as Completion, pursuant to GCC Sub-Clause 24.6, and Operational Acceptance, pursuant to GCC Sub-Clause 25.3.4, and Contractor’s obligations regarding Defect Liability Period, pursuant to GCC Sub-Clause 27.2, Functional Guarantee, pursuant to GCC Clause 28, and Care of Facilities, pursuant to GCC Clause 32, and GCC Clause 41.1, Suspension, shall not apply. In this case, the following provisions shall apply. 25.5.2 When the Contractor is notified by the Project Manager that he will be unable to proceed with the activities and obligations pursuant to above Sub-Clause 25.5.1, the Contractor shall be entitled to the following: (a) the Time of Completion shall be extended for the period of suspension without imposition of liquidated damages pursuant to GCC Sub-Clause 26.2; (b) payments due to the Contractor in accordance with the provision specified in the Appendix to the Contract Agreement titled Terms and Procedures of Payment, which would not have been payable in normal circumstances due to non-completion of the subject activities, shall be released to the Contractor against submission of a security in the form of a bank guarantee of equivalent amount acceptable to the Employer, and which shall become null and void when the Contractor will have complied with its obligations regarding those payments, subject to the provision of Sub-Clause 25.5.3 below; (c) the expenses towards the above security and extension of other securities under the contract, of which validity needs to be extended, shall be reimbursed to the Contractor by the Employer; (d) the additional charges towards the care of the Facilities pursuant to GCC Sub-Clause 32.1 shall be reimbursed to the Contractor by the Employer for the period between the notification mentioned above and the notification mentioned in Sub-Clause 25.5.4 below. The provision of GCC Sub-Clause 33.2 shall apply to the Facilities during the same period. 25.5.3 In the event that the period of suspension under above Sub-Clause 25.5.1 actually exceeds one hundred eighty (180) days, the Employer and Contractor shall mutually agree to any additional compensation payable to the Contractor. 25.5.4 When the Contractor is notified by the Project Manager that the Plant is ready for Precommissioning, the Contractor shall proceed without delay in performing Precommissioning in accordance with Clause 24. |
26. Completion Time Guarantee | 26.1 The Contractor guarantees that it shall attain Completion of the Facilities (or a part for which a separate time for completion is specified) within the Time for Completion specified in the PCC pursuant to GCC Sub-Clause 8.2, or within such extended time to which the Contractor shall be entitled under GCC Clause 40 hereof. 26.2 If the Contractor fails to attain Completion of the Facilities or any part thereof within the Time for Completion or any extension thereof under GCC Clause 40, the Contractor shall pay to the Employer liquidated damages in the amount specified in the PCC as a percentage rate of the Contract Price or the relevant part thereof. The aggregate amount of such liquidated damages shall in no event exceed the amount specified as “Maximum” in the PCC as a percentage rate of the Contract Price. Once the “Maximum” is reached, the Employer may consider termination of the Contract, pursuant to GCC Sub-Clause 42.2.2. Such payment shall completely satisfy the Contractor’s obligation to attain Completion of the Facilities or the relevant part thereof within the Time for Completion or any extension thereof under GCC Clause 40. The Contractor shall have no further liability whatsoever to the Employer in respect thereof. However, the payment of liquidated damages shall not in any way relieve the Contractor from any of its obligations to complete the Facilities or from any other obligations and liabilities of the Contractor under the Contract. Save for liquidated damages payable under this GCC Sub-Clause 26.2, the failure by the Contractor to attain any milestone or other act, matter or thing by any date specified in the Appendix to the Contract Agreement titled Time Schedule, and/or other program of work prepared pursuant to GCC Sub-Clause 18.2 shall not render the Contractor liable for any loss or damage thereby suffered by the Employer. 26.3 If the Contractor attains Completion of the Facilities or any part thereof before the Time for Completion or any extension thereof under GCC Clause 40, the Employer shall pay to the Contractor a bonus in the amount specified in the PCC. The aggregate amount of such bonus shall in no event exceed the amount specified as “Maximum” in the PCC. |
27. Defect Liability | 27.1 The Contractor warrants that the Facilities or any part thereof shall be free from defects in the design, engineering, materials and workmanship of the Plant supplied and of the work executed. 27.2 The Defect Liability Period shall be five hundred and forty (540) days from the date of Completion of the Facilities (or any part thereof) or one year from the date of Operational Acceptance of the Facilities (or any part thereof), whichever first occurs, unless specified otherwise in the PCC pursuant to GCC Sub-Clause 27.10. If during the Defect Liability Period any defect should be found in the design, engineering, materials and workmanship of the Plant supplied or of the work executed by the Contractor, the Contractor shall promptly, in consultation and agreement with the Employer regarding appropriate remedying of the defects, and at its cost, repair, replace or otherwise make good as the Contractor shall determine at its discretion, such defect as well as any damage to the Facilities caused by such defect. The Contractor shall not be responsible for the repair, replacement or making good of any defect or of any damage to the Facilities arising out of or resulting from any of the following causes: (a) improper operation or maintenance of the Facilities by the Employer; (b) operation of the Facilities outside specifications provided in the Contract; or (c) normal wear and tear. 27.3 The Contractor’s obligations under this GCC Clause 27 shall not apply to: (a) any materials that are supplied by the Employer under GCC Sub-Clause 21.2, are normally consumed in operation, or have a normal life shorter than the Defect Liability Period stated herein; (b) any designs, specifications or other data designed, supplied or specified by or on behalf of the Employer or any matters for which the Contractor has disclaimed responsibility herein; or (c) any other materials supplied or any other work executed by or on behalf of the Employer, except for the work executed by the Employer under GCC Sub-Clause 27.7. 27.4 The Employer shall give the Contractor a notice stating the nature of any such defect together with all available evidence thereof, promptly following the discovery thereof. The Employer shall afford all reasonable opportunity for the Contractor to inspect any such defect. 27.5 The Employer shall afford the Contractor all necessary access to the Facilities and the Site to enable the Contractor to perform its obligations under this GCC Clause 27. The Contractor may, with the consent of the Employer, remove from the Site any Plant or any part of the Facilities that are defective if the nature of the defect, and/or any damage to the Facilities caused by the defect, is such that repairs cannot be expeditiously carried out at the Site. 27.6 If the repair, replacement or making good is of such a character that it may affect the efficiency of the Facilities or any part thereof, the Employer may give to the Contractor a notice requiring that tests of the defective part of the Facilities shall be made by the Contractor immediately upon completion of such remedial work, whereupon the Contractor shall carry out such tests. If such part fails the tests, the Contractor shall carry out further repair, replacement or making good, as the case may be, until that part of the Facilities passes such tests. The tests shall be agreed upon by the Employer and the Contractor. 27.7 If the Contractor fails to commence the work necessary to remedy such defect or any damage to the Facilities caused by such defect within a reasonable time (which shall in no event be considered to be less than fifteen (15) days), the Employer may, following notice to the Contractor, proceed to do such work, and the reasonable costs incurred by the Employer in connection therewith shall be paid to the Employer by the Contractor or may be deducted by the Employer from any monies due the Contractor or claimed under the Performance Security. 27.8 If the Facilities or any part thereof cannot be used by reason of such defect and/or making good of such defect, the Defect Liability Period of the Facilities or such part, as the case may be, shall be extended by a period equal to the period during which the Facilities or such part cannot be used by the Employer because of any of the aforesaid reasons. 27.9 Except as provided in GCC Clauses 27 and 33, the Contractor shall be under no liability whatsoever and howsoever arising, and whether under the Contract or at law, in respect of defects in the Facilities or any part thereof, the Plant, design or engineering or work executed that appear after Completion of the Facilities or any part thereof, except where such defects are the result of the gross negligence, fraud, or criminal or willful action of the Contractor. 27.10 In addition, any such component of the Facilities, and during the period of time as may be specified in the PCC, shall be subject to an extended defect liability period. Such obligation of the Contractor shall be in addition to the defect liability period specified under GCC Sub-Clause 27.2. |
28. Functional Guarantees | 28.1 The Contractor guarantees that during the Guarantee Test, the Facilities and all parts thereof shall attain the Functional Guarantees specified in the Appendix to the Contract Agreement titled Functional Guarantees, subject to and upon the conditions therein specified. 28.2 If, for reasons attributable to the Contractor, the minimum level of the Functional Guarantees specified in the Appendix to the Contract Agreement titled Functional Guarantees, are not met either in whole or in part, the Contractor shall at its cost and expense make such changes, modifications and/or additions to the Plant or any part thereof as may be necessary to meet at least the minimum level of such Guarantees. The Contractor shall notify the Employer upon completion of the necessary changes, modifications and/or additions, and shall request the Employer to repeat the Guarantee Test until the minimum level of the Guarantees has been met. If the Contractor eventually fails to meet the minimum level of Functional Guarantees, the Employer may consider termination of the Contract, pursuant to GCC Sub-Clause 42.2.2. 28.3 If, for reasons attributable to the Contractor, the Functional Guarantees specified in the Appendix to the Contract Agreement titled Functional Guarantees, are not attained either in whole or in part, but the minimum level of the Functional Guarantees specified in the said Appendix to the Contract Agreement is met, the Contractor shall, at the Contractor’s option, either (a) make such changes, modifications and/or additions to the Facilities or any part thereof that are necessary to attain the Functional Guarantees at its cost and expense, and shall request the Employer to repeat the Guarantee Test or (b) pay liquidated damages to the Employer in respect of the failure to meet the Functional Guarantees in accordance with the provisions in the Appendix to the Contract Agreement titled Functional Guarantees. 28.4 The payment of liquidated damages under GCC Sub-Clause 28.3, up to the limitation of liability specified in the Appendix to the Contract Agreement titled Functional Guarantees, shall completely satisfy the Contractor’s guarantees under GCC Sub-Clause 28.3, and the Contractor shall have no further liability whatsoever to the Employer in respect thereof. Upon the payment of such liquidated damages by the Contractor, the Project Manager shall issue the Operational Acceptance Certificate for the Facilities or any part thereof in respect of which the liquidated damages have been so paid. |
29. Patent Indemnity | 29.1 The Contractor shall, subject to the Employer’s compliance with GCC Sub-Clause 29.2, indemnify and hold harmless the Employer and its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses, which the Employer may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright or other intellectual property right registered or otherwise existing at the date of the Contract by reason of: (a) the installation of the Facilities by the Contractor or the use of the Facilities in the country where the Site is located; and (b) the sale of the products produced by the Facilities in any country. Such indemnity shall not cover any use of the Facilities or any part thereof other than for the purpose indicated by or to be reasonably inferred from the Contract, any infringement resulting from the use of the Facilities or any part thereof, or any products produced thereby in association or combination with any other equipment, Plant or materials not supplied by the Contractor, pursuant to the Contract Agreement. 29.2 If any proceedings are brought or any claim is made against the Employer arising out of the matters referred to in GCC Sub-Clause 29.1, the Employer shall promptly give the Contractor a notice thereof, and the Contractor may at its own expense and in the Employer’s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim. If the Contractor fails to notify the Employer within twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the Employer shall be free to conduct the same on its own behalf. Unless the Contractor has so failed to notify the Employer within the twenty-eight (28) day period, the Employer shall make no admission that may be prejudicial to the defense of any such proceedings or claim. The Employer shall, at the Contractor’s request, afford all available assistance to the Contractor in conducting such proceedings or claim, and shall be reimbursed by the Contractor for all reasonable expenses incurred in so doing. 29.3 The Employer shall indemnify and hold harmless the Contractor and its employees, officers and Subcontractors from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses, which the Contractor may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright or other intellectual property right registered or otherwise existing at the date of the Contract arising out of or in connection with any design, data, drawing, specification, or other documents or materials provided or designed by or on behalf of the Employer. |
30. Limitation of Liability | 30.1 Except in cases of criminal negligence or willful misconduct, (a) neither Party shall be liable to the other Party, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, which may be suffered by the other Party in connection with the Contract, other than specifically provided as any obligation of the Party in the Contract, and (b) the aggregate liability of the Contractor to the Employer, whether under the Contract, in tort or otherwise, shall not exceed the amount resulting from the application of the multiplier specified in the PCC, to the Contract Price or, if a multiplier is not so specified, the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the Contractor to indemnify the Employer with respect to patent infringement. |
31. Transfer of Ownership | 31.1 Ownership of the Plant (including spare parts) to be imported into the country where the Site is located shall be transferred to the Employer upon loading on to the mode of transport to be used to convey the Plant from the country of origin to that country. 31.2 Ownership of the Plant (including spare parts) procured in the country where the Site is located shall be transferred to the Employer when the Plant are brought on to the Site. 31.3 Ownership of the Contractor’s Equipment used by the Contractor and its Subcontractors in connection with the Contract shall remain with the Contractor or its Subcontractors. 31.4 Ownership of any Plant in excess of the requirements for the Facilities shall revert to the Contractor upon Completion of the Facilities or at such earlier time when the Employer and the Contractor agree that the Plant in question are no longer required for the Facilities. 31.5 Notwithstanding the transfer of ownership of the Plant, the responsibility for care and custody thereof together with the risk of loss or damage thereto shall remain with the Contractor pursuant to GCC Clause 32 (Care of Facilities) hereof until Completion of the Facilities or the part thereof in which such Plant are incorporated. |
32. Care of Facilities | 32.1 The Contractor shall be responsible for the care and custody of the Facilities or any part thereof until the date of Completion of the Facilities pursuant to GCC Clause 24 or, where the Contract provides for Completion of the Facilities in parts, until the date of Completion of the relevant part, and shall make good at its own cost any loss or damage that may occur to the Facilities or the relevant part thereof from any cause whatsoever during such period. The Contractor shall also be responsible for any loss or damage to the Facilities caused by the Contractor or its Subcontractors in the course of any work carried out, pursuant to GCC Clause 27. Notwithstanding the foregoing, the Contractor shall not be liable for any loss or damage to the Facilities or that part thereof caused by reason of any of the matters specified or referred to in paragraphs (a), (b) and (c) of GCC Sub-Clauses 32.2 and 38.1. 32.2 If any loss or damage occurs to the Facilities or any part thereof or to the Contractor’s temporary facilities by reason of (a) insofar as they relate to the country where the Site is located, nuclear reaction, nuclear radiation, radioactive contamination, pressure wave caused by aircraft or other aerial objects, or any other occurrences that an experienced contractor could not reasonably foresee, or if reasonably foreseeable could not reasonably make provision for or insure against, insofar as such risks are not normally insurable on the insurance market and are mentioned in the general exclusions of the policy of insurance, including War Risks and Political Risks, taken out under GCC Clause 34 hereof; or (b) any use or occupation by the Employer or any third Party other than a Subcontractor, authorized by the Employer of any part of the Facilities; or (c) any use of or reliance upon any design, data or specification provided or designated by or on behalf of the Employer, or any such matter for which the Contractor has disclaimed responsibility herein, the Employer shall pay to the Contractor all sums payable in respect of the Facilities executed, notwithstanding that the same be lost, destroyed or damaged, and will pay to the Contractor the replacement value of all temporary facilities and all parts thereof lost, destroyed or damaged. If the Employer requests the Contractor in writing to make good any loss or damage to the Facilities thereby occasioned, the Contractor shall make good the same at the cost of the Employer in accordance with GCC Clause 39. If the Employer does not request the Contractor in writing to make good any loss or damage to the Facilities thereby occasioned, the Employer shall either request a change in accordance with GCC Clause 39, excluding the performance of that part of the Facilities thereby lost, destroyed or damaged, or, where the loss or damage affects a substantial part of the Facilities, the Employer shall terminate the Contract pursuant to GCC Sub-Clause 42.1 hereof. 32.3 The Contractor shall be liable for any loss of or damage to any Contractor’s Equipment, or any other property of the Contractor used or intended to be used for purposes of the Facilities, except (i) as mentioned in GCC Sub-Clause 32.2 with respect to the Contractor’s temporary facilities, and (ii) where such loss or damage arises by reason of any of the matters specified in GCC Sub-Clauses 32.2 (b) and (c) and 38.1. 32.4 With respect to any loss or damage caused to the Facilities or any part thereof or to the Contractor’s Equipment by reason of any of the matters specified in GCC Sub-Clause 38.1, the provisions of GCC Sub-Clause 38.3 shall apply. |
33. Loss of or Damage to Property; Accident or Injury to Workers; Indemnification | 33.1 Subject to GCC Sub-Clause 33.3, the Contractor shall indemnify and hold harmless the Employer and its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses, in respect of the death or injury of any person or loss of or damage to any property other than the Facilities whether accepted or not, arising in connection with the supply and installation of the Facilities and by reason of the negligence of the Contractor or its Subcontractors, or their employees, officers or agents, except any injury, death or property damage caused by the negligence of the Employer, its contractors, employees, officers or agents. 33.2 If any proceedings are brought or any claim is made against the Employer that might subject the Contractor to liability under GCC Sub-Clause 33.1, the Employer shall promptly give the Contractor a notice thereof and the Contractor may at its own expense and in the Employer’s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim. If the Contractor fails to notify the Employer within twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the Employer shall be free to conduct the same on its own behalf. Unless the Contractor has so failed to notify the Employer within the twenty-eight (28) day period, the Employer shall make no admission that may be prejudicial to the defense of any such proceedings or claim. The Employer shall, at the Contractor’s request, afford all available assistance to the Contractor in conducting such proceedings or claim, and shall be reimbursed by the Contractor for all reasonable expenses incurred in so doing. 33.3 The Employer shall indemnify and hold harmless the Contractor and its employees, officers and Subcontractors from any liability for loss of or damage to property of the Employer, other than the Facilities not yet taken over, that is caused by fire, explosion or any other perils, in excess of the amount recoverable from insurances procured under GCC Clause 34, provided that such fire, explosion or other perils were not caused by any act or failure of the Contractor. 33.4 The Party entitled to the benefit of an indemnity under this GCC Clause 33 shall take all reasonable measures to mitigate any loss or damage which has occurred. If the Party fails to take such measures, the other Party’s liabilities shall be correspondingly reduced. |
34. Insurance | 34.1 To the extent specified in the Appendix to the Contract Agreement titled Insurance Requirements, the Contractor shall at its expense take out and maintain in effect, or cause to be taken out and maintained in effect, during the performance of the Contract, the insurances set forth below in the sums and with the deductibles and other conditions specified in the said Appendix. The identity of the insurers and the form of the policies shall be subject to the approval of the Employer, who should not unreasonably withhold such approval. (a) Cargo Insurance During Transport Covering loss or damage occurring while in transit from the Contractor’s or Subcontractor’s works or stores until arrival at the Site, to the Plant (including spare parts therefor) and to the Contractor’s Equipment. (b) Installation All Risks Insurance Covering physical loss or damage to the Facilities at the Site, occurring prior to Completion of the Facilities, with an extended maintenance coverage for the Contractor’s liability in respect of any loss or damage occurring during the Defect Liability Period while the Contractor is on the Site for the purpose of performing its obligations during the Defect Liability Period. (c) Third Party Liability Insurance Covering bodily injury or death suffered by third Parties including the Employer’s personnel, and loss of or damage to property occurring in connection with the supply and installation of the Facilities. (d) Automobile Liability Insurance Covering use of all vehicles used by the Contractor or its Subcontractors, whether or not owned by them, in connection with the execution of the Contract. (e) Workers’ Compensation In accordance with the statutory requirements applicable in any country where the Contract or any part thereof is executed. (f) Employer’s Liability In accordance with the statutory requirements applicable in any country where the Contract or any part thereof is executed. (g) Other Insurances Such other insurances as may be specifically agreed upon by the Parties hereto as listed in the Appendix to the Contract Agreement titled Insurance Requirements. 34.2 The Employer shall be named as co-insured under all insurance policies taken out by the Contractor pursuant to GCC Sub-Clause 34.1, except for the Third Party Liability, Workers’ Compensation and Employer’s Liability Insurances, and the Contractor’s Subcontractors shall be named as co-insureds under all insurance policies taken out by the Contractor pursuant to GCC Sub-Clause 34.1 except for the Cargo Insurance During Transport, Workers’ Compensation and Employer’s Liability Insurances. All insurer’s rights of subrogation against such co-insureds for losses or claims arising out of the performance of the Contract shall be waived under such policies. 34.3 The Contractor shall, in accordance with the provisions of the Appendix to the Contract Agreement titled Insurance Requirements, deliver to the Employer certificates of insurance or copies of the insurance policies as evidence that the required policies are in full force and effect. The certificates shall provide that no less than twenty-one (21) days’ notice shall be given to the Employer by insurers prior to cancellation or material modification of a policy. 34.4 The Contractor shall ensure that, where applicable, its Subcontractor(s) shall take out and maintain in effect adequate insurance policies for their personnel and vehicles and for work executed by them under the Contract, unless such Subcontractors are covered by the policies taken out by the Contractor. 34.5 The Employer shall at its expense take out and maintain in effect during the performance of the Contract those insurances specified in the Appendix to the Contract Agreement titled Insurance Requirements, in the sums and with the deductibles and other conditions specified in the said Appendix. The Contractor and the Contractor’s Subcontractors shall be named as co-insureds under all such policies. All insurers’ rights of subrogation against such co-insureds for losses or claims arising out of the performance of the Contract shall be waived under such policies. The Employer shall deliver to the Contractor satisfactory evidence that the required insurances are in full force and effect. The policies shall provide that not less than twenty-one (21) days’ notice shall be given to the Contractor by all insurers prior to any cancellation or material modification of the policies. If so requested by the Contractor, the Employer shall provide copies of the policies taken out by the Employer under this GCC Sub-Clause 34.5. 34.6 If the Contractor fails to take out and/or maintain in effect the insurances referred to in GCC Sub-Clause 34.1, the Employer may take out and maintain in effect any such insurances and may from time to time deduct from any amount due the Contractor under the Contract any premium that the Employer shall have paid to the insurer, or may otherwise recover such amount as a debt due from the Contractor. If the Employer fails to take out and/or maintain in effect the insurances referred to in GCC 34.5, the Contractor may take out and maintain in effect any such insurances and may from time to time deduct from any amount due the Employer under the Contract any premium that the Contractor shall have paid to the insurer, or may otherwise recover such amount as a debt due from the Employer. If the Contractor fails to or is unable to take out and maintain in effect any such insurances, the Contractor shall nevertheless have no liability or responsibility towards the Employer, and the Contractor shall have full recourse against the Employer for any and all liabilities of the Employer herein. 34.7 Unless otherwise provided in the Contract, the Contractor shall prepare and conduct all and any claims made under the policies effected by it pursuant to this GCC Clause 34, and all monies payable by any insurers shall be paid to the Contractor. The Employer shall give to the Contractor all such reasonable assistance as may be required by the Contractor. With respect to insurance claims in which the Employer’s interest is involved, the Contractor shall not give any release or make any compromise with the insurer without the prior written consent of the Employer. With respect to insurance claims in which the Contractor’s interest is involved, the Employer shall not give any release or make any compromise with the insurer without the prior written consent of the Contractor. |
35. Unforeseen Conditions | 35.1 If, during the execution of the Contract, the Contractor shall encounter on the Site any physical conditions other than climatic conditions, or artificial obstructions that could not have been reasonably foreseen prior to the date of the Contract Agreement by an experienced contractor on the basis of reasonable examination of the data relating to the Facilities including any data as to boring tests, provided by the Employer, and on the basis of information that it could have obtained from a visual inspection of the Site if access thereto was available, or other data readily available to it relating to the Facilities, and if the Contractor determines that it will in consequence of such conditions or obstructions incur additional cost and expense or require additional time to perform its obligations under the Contract that would not have been required if such physical conditions or artificial obstructions had not been encountered, the Contractor shall promptly, and before performing additional work or using additional Plant or Contractor’s Equipment, notify the Project Manager in writing of (a) the physical conditions or artificial obstructions on the Site that could not have been reasonably foreseen; (b) the additional work and/or Plant and/or Contractor’s Equipment required, including the steps which the Contractor will or proposes to take to overcome such conditions or obstructions; (c) the extent of the anticipated delay; and (d) the additional cost and expense that the Contractor is likely to incur. On receiving any notice from the Contractor under this GCC Sub-Clause 35.1, the Project Manager shall promptly consult with the Employer and Contractor and decide upon the actions to be taken to overcome the physical conditions or artificial obstructions encountered. Following such consultations, the Project Manager shall instruct the Contractor, with a copy to the Employer, of the actions to be taken. 35.2 Any reasonable additional cost and expense incurred by the Contractor in following the instructions from the Project Manager to overcome such physical conditions or artificial obstructions referred to in GCC Sub-Clause 35.1 shall be paid by the Employer to the Contractor as an addition to the Contract Price. If the Contractor is delayed or impeded in the performance of the Contract because of any such physical conditions or artificial obstructions referred to in GCC Sub-Clause 35.1, the Time for Completion shall be extended in accordance with GCC Clause 40. |
36. Change in Laws and Regulations | 36.1 If, after the date twenty-eight (28) days prior to the date of Bid submission, in the country where the Site is located, any law, regulation, ordinance, order or by-law having the force of law is enacted, promulgated, abrogated or changed which shall be deemed to include any change in interpretation or application by the competent authorities, that subsequently affects the costs and expenses of the Contractor and/or the Time for Completion, the Contract Price shall be correspondingly increased or decreased, and/or the Time for Completion shall be reasonably adjusted to the extent that the Contractor has thereby been affected in the performance of any of its obligations under the Contract. Notwithstanding the foregoing, such additional or reduced costs shall not be separately paid or credited if the same has already been accounted for in the price adjustment provisions where applicable, in accordance with the PCC pursuant to GCC Sub-Clause 11.2. |
37. Force Majeure | 37.1 “Force Majeure” shall mean any event beyond the reasonable control of the Employer or of the Contractor, as the case may be, and which is unavoidable notwithstanding the reasonable care of the Party affected, and shall include, without limitation, the following: (a) war, hostilities or warlike operations whether a state of war be declared or not, invasion, act of foreign enemy and civil war (b) rebellion, revolution, insurrection, mutiny, usurpation of civil or military government, conspiracy, riot, civil commotion and terrorist acts (c) confiscation, nationalization, mobilization, commandeering or requisition by or under the order of any government or de jure or de facto authority or ruler or any other act or failure to act of any local state or national government authority (d) strike, sabotage, lockout, embargo, import restriction, port congestion, lack of usual means of public transportation and communication, industrial dispute, shipwreck, shortage or restriction of power supply, epidemics, quarantine and plague (e) earthquake, landslide, volcanic activity, fire, flood or inundation, tidal wave, typhoon or cyclone, hurricane, storm, lightning, or other inclement weather condition, nuclear and pressure waves or other natural or physical disaster (f) shortage of labor, materials or utilities where caused by circumstances that are themselves Force Majeure. 37.2 If either Party is prevented, hindered or delayed from or in performing any of its obligations under the Contract by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event. 37.3 The Party who has given such notice shall be excused from the performance or punctual performance of its obligations under the Contract for so long as the relevant event of Force Majeure continues and to the extent that such Party’s performance is prevented, hindered or delayed. The Time for Completion shall be extended in accordance with GCC Clause 40. 37.4 The Party or Parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the effect thereof upon its or their performance of the Contract and to fulfill its or their obligations under the Contract, but without prejudice to either Party’s right to terminate the Contract under GCC Sub-Clauses 37.6 and 38.5. 37.5 No delay or nonperformance by either Party hereto caused by the occurrence of any event of Force Majeure shall (a) constitute a default or breach of the Contract, or (b) give rise to any claim for damages or additional cost or expense occasioned thereby, subject to GCC Sub-Clauses 32.2, 38.3 and 38.4 if and to the extent that such delay or nonperformance is caused by the occurrence of an event of Force Majeure. 37.6 If the performance of the Contract is substantially prevented, hindered or delayed for a single period of more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days on account of one or more events of Force Majeure during the currency of the Contract, the Parties will attempt to develop a mutually satisfactory solution, failing which either Party may terminate the Contract by giving a notice to the other, but without prejudice to either Party’s right to terminate the Contract under GCC Sub-Clause 38.5. 37.7 In the event of termination pursuant to GCC Sub-Clause 37.6, the rights and obligations of the Employer and the Contractor shall be as specified in GCC Sub-Clauses 42.1.2 and 42.1.3. 37.8 Notwithstanding GCC Sub-Clause 37.5, Force Majeure shall not apply to any obligation of the Employer to make payments to the Contractor herein. |
38. War Risks | 38.1 “War Risks” shall mean any event specified in paragraphs (a) and (b) of GCC Sub-Clause 37.1 and any explosion or impact of any mine, bomb, shell, grenade or other projectile, missile, munitions or explosive of war, occurring or existing in or near the country (or countries) where the Site is located. 38.2 Notwithstanding anything contained in the Contract, the Contractor shall have no liability whatsoever for or with respect to (a) destruction of or damage to Facilities, Plant, or any part thereof; (b) destruction of or damage to property of the Employer or any third Party; or (c) injury or loss of life if such destruction, damage, injury or loss of life is caused by any War Risks, and the Employer shall indemnify and hold the Contractor harmless from and against any and all claims, liabilities, actions, lawsuits, damages, costs, charges or expenses arising in consequence of or in connection with the same. 38.3 If the Facilities or any Plant or Contractor’s Equipment or any other property of the Contractor used or intended to be used for the purposes of the Facilities shall sustain destruction or damage by reason of any War Risks, the Employer shall pay the Contractor for (a) any part of the Facilities or the Plant so destroyed or damaged to the extent not already paid for by the Employer and so far as may be required by the Employer, and as may be necessary for completion of the Facilities (b) replacing or making good any Contractor’s Equipment or other property of the Contractor so destroyed or damaged (c) replacing or making good any such destruction or damage to the Facilities or the Plant or any part thereof . If the Employer does not require the Contractor to replace or make good any such destruction or damage to the Facilities, the Employer shall either request a change in accordance with GCC Clause 39, excluding the performance of that part of the Facilities thereby destroyed or damaged or, where the loss, destruction or damage affects a substantial part of the Facilities, shall terminate the Contract, pursuant to GCC Sub-Clause 42.1. If the Employer requires the Contractor to replace or make good on any such destruction or damage to the Facilities, the Time for Completion shall be extended in accordance with GCC 40. 38.4 Notwithstanding anything contained in the Contract, the Employer shall pay the Contractor for any increased costs or incidentals to the execution of the Contract that are in any way attributable to, consequent on, resulting from, or in any way connected with any War Risks, provided that the Contractor shall as soon as practicable notify the Employer in writing of any such increased cost. 38.5 If during the performance of the Contract any War Risks shall occur that financially or otherwise materially affect the execution of the Contract by the Contractor, the Contractor shall use its reasonable efforts to execute the Contract with due and proper consideration given to the safety of its and its Subcontractors’ personnel engaged in the work on the Facilities, provided, however, that if the execution of the work on the Facilities becomes impossible or is substantially prevented for a single period of more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days on account of any War Risks, the Parties will attempt to develop a mutually satisfactory solution, failing which either Party may terminate the Contract by giving a notice to the other. 38.6 In the event of termination pursuant to GCC Sub-Clauses 38.3 or 38.5, the rights and obligations of the Employer and the Contractor shall be specified in GCC Sub-Clauses 42.1.2 and 42.1.3. |
39. Change in the Facilities | 39.1 Introducing a Change 39.1.1 Subject to GCC Sub-Clauses 39.2.5 and 39.2.7, the Employer shall have the right to propose, and subsequently require, that the Project Manager order the Contractor from time to time during the performance of the Contract to make any change, modification, addition or deletion to, in or from the Facilities hereinafter called “Change”, provided that such Change falls within the general scope of the Facilities and does not constitute unrelated work and that it is technically practicable, taking into account both the state of advancement of the Facilities and the technical compatibility of the Change envisaged with the nature of the Facilities as specified in the Contract. 39.1.2 Value Engineering: The Contractor may prepare, at its own cost, a value engineering proposal at any time during the performance of the contract. The value engineering proposal shall, at a minimum, include the following;
The Employer may accept the value engineering proposal if the proposal demonstrates benefits that:
without compromising the necessary functions of the Facilities. If the value engineering proposal is approved by the Employer and results in:
39.1.3 Notwithstanding GCC Sub-Clauses 39.1.1 and 39.1.2, no change made necessary because of any default of the Contractor in the performance of its obligations under the Contract shall be deemed to be a Change, and such change shall not result in any adjustment of the Contract Price or the Time for Completion. 39.1.4 The procedure on how to proceed with and execute Changes is specified in GCC Sub-Clauses 39.2 and 39.3, and further details and forms are provided in the Employer’s Requirements (Forms and Procedures). 39.2 Changes Originating from Employer 39.2.1 If the Employer proposes a Change pursuant to GCC Sub-Clause 39.1.1, it shall send to the Contractor a “Request for Change Proposal,” requiring the Contractor to prepare and furnish to the Project Manager as soon as reasonably practicable a “Change Proposal,” which shall include the following: (a) brief description of the Change (b) effect on the Time for Completion (c) estimated cost of the Change (d) effect on Functional Guarantees (if any) (e) effect on the Facilities (f) effect on any other provisions of the Contract: and (g) any additional documents as specified in the PCC. 39.2.2 Prior to preparing and submitting the “Change Proposal,” the Contractor shall submit to the Project Manager an “Estimate for Change Proposal,” which shall be an estimate of the cost of preparing and submitting the Change Proposal. Upon receipt of the Contractor’s Estimate for Change Proposal, the Employer shall do one of the following: (a) accept the Contractor’s estimate with instructions to the Contractor to proceed with the preparation of the Change Proposal (b) advise the Contractor of any part of its Estimate for Change Proposal that is unacceptable and request the Contractor to review its estimate (c) advise the Contractor that the Employer does not intend to proceed with the Change. 39.2.3 Upon receipt of the Employer’s instruction to proceed under GCC Sub-Clause 39.2.2 (a), the Contractor shall, with proper expedition, proceed with the preparation of the Change Proposal, in accordance with GCC Sub-Clause 39.2.1. 39.2.4 The pricing of any Change shall, as far as practicable, be calculated in accordance with the rates and prices included in the Contract. If such rates and prices are inequitable, the Parties thereto shall agree on specific rates for the valuation of the Change. 39.2.5 If before or during the preparation of the Change Proposal it becomes apparent that the aggregate effect of compliance therewith and with all other Change Orders that have already become binding upon the Contractor under this GCC Clause 39 would be to increase or decrease the Contract Price as originally set forth in Article 2 (Contract Price) of the Contract Agreement by more than fifteen percent (15%), the Contractor may give a written notice of objection thereto prior to furnishing the Change Proposal as aforesaid. If the Employer accepts the Contractor’s objection, the Employer shall withdraw the proposed Change and shall notify the Contractor in writing thereof. The Contractor’s failure to so object shall neither affect its right to object to any subsequent requested Changes or Change Orders herein, nor affect its right to take into account, when making such subsequent objection, the percentage increase or decrease in the Contract Price that any Change not objected to by the Contractor represents. 39.2.6 Upon receipt of the Change Proposal, the Employer and the Contractor shall mutually agree upon all matters therein contained. Within fourteen (14) days after such agreement, the Employer shall, if it intends to proceed with the Change, issue the Contractor with a Change Order. If the Employer is unable to reach a decision within fourteen (14) days, it shall notify the Contractor with details of when the Contractor can expect a decision. If the Employer decides not to proceed with the Change for whatever reason, it shall, within the said period of fourteen (14) days, notify the Contractor accordingly. Under such circumstances, the Contractor shall be entitled to reimbursement of all costs reasonably incurred by it in the preparation of the Change Proposal, provided that these do not exceed the amount given by the Contractor in its Estimate for Change Proposal submitted in accordance with GCC Sub-Clause 39.2.2. 39.2.7 If the Employer and the Contractor cannot reach agreement on the price for the Change, an equitable adjustment to the Time for Completion, or any other matters identified in the Change Proposal, the Employer may nevertheless instruct the Contractor to proceed with the Change by issue of a “Pending Agreement Change Order.” Upon receipt of a Pending Agreement Change Order, the Contractor shall immediately proceed with effecting the Changes covered by such Order. The Parties shall thereafter attempt to reach agreement on the outstanding issues under the Change Proposal. If the Parties cannot reach agreement within sixty (60) days from the date of issue of the Pending Agreement Change Order, then the matter may be referred to the Dispute Board in accordance with the provisions of GCC Sub-Clause 46.1. 39.3 Changes Originating from Contractor 39.3.1 If the Contractor proposes a Change pursuant to GCC Sub-Clause 39.1.2, the Contractor shall submit to the Project Manager a written “Application for Change Proposal,” giving reasons for the proposed Change and including the information specified in GCC Sub-Clause 39.1.2. Upon receipt of the Application for Change Proposal, the Parties shall follow the procedures outlined in GCC Sub-Clauses 39.2.6 and 39.2.7. However, the Contractor shall not be entitled to recover the costs of preparing the Application for Change Proposal. |
40. Extension of Time for Completion | 40.1 The Time(s) for Completion specified in the PCC pursuant to GCC Sub-Clause 8.2 shall be extended if the Contractor is delayed or impeded in the performance of any of its obligations under the Contract by reason of any of the following: (a) any Change in the Facilities as provided in GCC Clause 39 (b) any occurrence of Force Majeure as provided in GCC Clause 37, unforeseen conditions as provided in GCC Clause 35, or other occurrence of any of the matters specified or referred to in paragraphs (a), (b) and (c) of GCC Sub-Clause 32.2 (c) any suspension order given by the Employer under GCC Clause 41 hereof or reduction in the rate of progress pursuant to GCC Sub-Clause 41.2 or (d) any changes in laws and regulations as provided in GCC Clause 36 or (e) any default or breach of the Contract by the Employer, Appendix to the Contract Agreement titled ,or any activity, act or omission of the Employer, or the Project Manager, or any other contractors employed by the Employer, or
by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay or impediment sustained by the Contractor. 40.2 Except where otherwise specifically provided in the Contract, the Contractor shall submit to the Project Manager a notice of a claim for an extension of the Time for Completion, together with particulars of the event or circumstance justifying such extension as soon as reasonably practicable after the commencement of such event or circumstance. As soon as reasonably practicable after receipt of such notice and supporting particulars of the claim, the Employer and the Contractor shall agree upon the period of such extension. In the event that the Contractor does not accept the Employer’s estimate of a fair and reasonable time extension, the Contractor shall be entitled to refer the matter to a Dispute Board, pursuant to GCC Sub-Clause 46.1. 40.3 The Contractor shall at all times use its reasonable efforts to minimize any delay in the performance of its obligations under the Contract. 40.4 In all cases where the Contractor has given a notice of a claim for an extension of time under GCC 40.2, the Contractor shall consult with the Project Manager in order to determine the steps (if any) which can be taken to overcome or minimize the actual or anticipated delay. The Contractor shall there after comply with all reasonable instructions which the Project Manager shall give in order to minimize such delay. If compliance with such instructions shall cause the Contractor to incur extra costs and the Contractor is entitled to an extension of time under GCC 40.1, the amount of such extra costs shall be added to the Contract Price. |
41. Suspension | 41.1 The Employer may request the Project Manager, by notice to the Contractor, to order the Contractor to suspend performance of any or all of its obligations under the Contract. Such notice shall specify the obligation of which performance is to be suspended, the effective date of the suspension and the reasons therefor. The Contractor shall thereupon suspend performance of such obligation, except those obligations necessary for the care or preservation of the Facilities, until ordered in writing to resume such performance by the Project Manager. If, by virtue of a suspension order given by the Project Manager, other than by reason of the Contractor’s default or breach of the Contract, the Contractor’s performance of any of its obligations is suspended for an aggregate period of more than ninety (90) days, then at any time thereafter and provided that at that time such performance is still suspended, the Contractor may give a notice to the Project Manager requiring that the Employer shall, within twenty-eight (28) days of receipt of the notice, order the resumption of such performance or request and subsequently order a change in accordance with GCC Clause 39, excluding the performance of the suspended obligations from the Contract. If the Employer fails to do so within such period, the Contractor may, by a further notice to the Project Manager, elect to treat the suspension, where it affects a part only of the Facilities, as a deletion of such part in accordance with GCC Clause 39 or, where it affects the whole of the Facilities, as termination of the Contract under GCC Sub-Clause 42.1. 41.2 If (a) the Employer has failed to pay the Contractor any sum due under the Contract within the specified period, has failed to approve any invoice or supporting documents without just cause pursuant to the Appendix to the Contract Agreement titled Terms and Procedures of Payment, or commits a substantial breach of the Contract, the Contractor may give a notice to the Employer that requires payment of such sum, with interest thereon as stipulated in GCC Sub-Clause 12.3, requires approval of such invoice or supporting documents, or specifies the breach and requires the Employer to remedy the same, as the case may be. If the Employer fails to pay such sum together with such interest, fails to approve such invoice or supporting documents or give its reasons for withholding such approval, or fails to remedy the breach or take steps to remedy the breach within fourteen (14) days after receipt of the Contractor’s notice or (b) the Contractor is unable to carry out any of its obligations under the Contract for any reason attributable to the Employer, including but not limited to the Employer’s failure to provide possession of or access to the Site or other areas in accordance with GCC Sub-Clause 10.2, or failure to obtain any governmental permit necessary for the execution and/or completion of the Facilities, then the Contractor may by fourteen (14) days’ notice to the Employer suspend performance of all or any of its obligations under the Contract, or reduce the rate of progress. 41.3 If the Contractor’s performance of its obligations is suspended or the rate of progress is reduced pursuant to this GCC Clause 41, then the Time for Completion shall be extended in accordance with GCC Sub-Clause 40.1, and any and all additional costs or expenses incurred by the Contractor as a result of such suspension or reduction shall be paid by the Employer to the Contractor in addition to the Contract Price, except in the case of suspension order or reduction in the rate of progress by reason of the Contractor’s default or breach of the Contract. 41.4 During the period of suspension, the Contractor shall not remove from the Site any Plant, any part of the Facilities or any Contractor’s Equipment, without the prior written consent of the Employer. |
42. Termination | 42.1 Termination for Employer’s Convenience 42.1.1 The Employer may at any time terminate the Contract for any reason by giving the Contractor a notice of termination that refers to this GCC Sub-Clause 42.1. 42.1.2 Upon receipt of the notice of termination under GCC Sub-Clause 42.1.1, the Contractor shall either immediately or upon the date specified in the notice of termination (a) cease all further work, except for such work as the Employer may specify in the notice of termination for the sole purpose of protecting that part of the Facilities already executed, or any work required to leave the Site in a clean and safe condition (b) terminate all subcontracts, except those to be assigned to the Employer pursuant to paragraph (d) (ii) below (c) remove all Contractor’s Equipment from the Site, repatriate the Contractor’s Personnel from the Site, remove from the Site any wreckage, rubbish and debris of any kind, and leave the whole of the Site in a clean and safe condition, and (d) subject to the payment specified in GCC Sub-Clause 42.1.3, (i) deliver to the Employer the parts of the Facilities executed by the Contractor up to the date of termination (ii) to the extent legally possible, assign to the Employer all right, title and benefit of the Contractor to the Facilities and to the Plant as of the date of termination, and, as may be required by the Employer, in any subcontracts concluded between the Contractor and its Subcontractors; and (iii) deliver to the Employer all non-proprietary drawings, specifications and other documents prepared by the Contractor or its Subcontractors as at the date of termination in connection with the Facilities. 42.1.3 In the event of termination of the Contract under GCC Sub-Clause 42.1.1, the Employer shall pay to the Contractor the following amounts: (a) the Contract Price, properly attributable to the parts of the Facilities executed by the Contractor as of the date of termination (b) the costs reasonably incurred by the Contractor in the removal of the Contractor’s Equipment from the Site and in the repatriation of the Contractor’s Personnel (c) any amounts to be paid by the Contractor to its Subcontractors in connection with the termination of any subcontracts, including any cancellation charges (d) costs incurred by the Contractor in protecting the Facilities and leaving the Site in a clean and safe condition pursuant to paragraph (a) of GCC Sub-Clause 42.1.2 (e) the cost of satisfying all other obligations, commitments and claims that the Contractor may in good faith have undertaken with third Parties in connection with the Contract and that are not covered by paragraphs (a) through (d) above. 42.2 Termination for Contractor’s Default 42.2.1 The Employer, without prejudice to any other rights or remedies it may possess, may terminate the Contract forthwith in the following circumstances by giving a notice of termination and its reasons therefor to the Contractor, referring to this GCC Sub-Clause 42.2: (a) if the Contractor becomes bankrupt or insolvent, has a receiving order issued against it, compounds with its creditors, or, if the Contractor is a corporation, a resolution is passed or order is made for its winding up, other than a voluntary liquidation for the purposes of amalgamation or reconstruction, a receiver is appointed over any part of its undertaking or assets, or if the Contractor takes or suffers any other analogous action in consequence of debt (b) if the Contractor assigns or transfers the Contract or any right or interest therein in violation of the provision of GCC Clause 43. (c) if the Contractor, in the judgment of the Employer has engaged in Fraud and Corruption, as defined in paragrpah 2.2 a. of Appendix B to the GCC, in competing for or in executing the Contract. 42.2.2 If the Contractor (a) has abandoned or repudiated the Contract (b) has without valid reason failed to commence work on the Facilities promptly or has suspended, other than pursuant to GCC Sub-Clause 41.2, the progress of Contract performance for more than twenty-eight (28) days after receiving a written instruction from the Employer to proceed (c) persistently fails to execute the Contract in accordance with the Contract or persistently neglects to carry out its obligations under the Contract without just cause (d) refuses or is unable to provide sufficient materials, services or labor to execute and complete the Facilities in the manner specified in the program furnished under GCC Sub-Clause 18.2 at rates of progress that give reasonable assurance to the Employer that the Contractor can attain Completion of the Facilities by the Time for Completion as extended, then the Employer may, without prejudice to any other rights it may possess under the Contract, give a notice to the Contractor stating the nature of the default and requiring the Contractor to remedy the same. If the Contractor fails to remedy or to take steps to remedy the same within fourteen (14) days of its receipt of such notice, then the Employer may terminate the Contract forthwith by giving a notice of termination to the Contractor that refers to this GCC Sub-Clause 42.2. 42.2.3 Upon receipt of the notice of termination under GCC Sub-Clauses 42.2.1 or 42.2.2, the Contractor shall, either immediately or upon such date as is specified in the notice of termination, (a) cease all further work, except for such work as the Employer may specify in the notice of termination for the sole purpose of protecting that part of the Facilities already executed, or any work required to leave the Site in a clean and safe condition (b) terminate all subcontracts, except those to be assigned to the Employer pursuant to paragraph (d) below (c) deliver to the Employer the parts of the Facilities executed by the Contractor up to the date of termination (d) to the extent legally possible, assign to the Employer all right, title and benefit of the Contractor to the Facilities and to the Plant as of the date of termination, and, as may be required by the Employer, in any subcontracts concluded between the Contractor and its Subcontractors (e) deliver to the Employer all drawings, specifications and other documents prepared by the Contractor or its Subcontractors as of the date of termination in connection with the Facilities. 42.2.4 The Employer may enter upon the Site, expel the Contractor, and complete the Facilities itself or by employing any third Party. The Employer may, to the exclusion of any right of the Contractor over the same, take over and use with the payment of a fair rental rate to the Contractor, with all the maintenance costs to the account of the Employer and with an indemnification by the Employer for all liability including damage or injury to persons arising out of the Employer’s use of such equipment, any Contractor’s Equipment owned by the Contractor and on the Site in connection with the Facilities for such reasonable period as the Employer considers expedient for the supply and installation of the Facilities. Upon completion of the Facilities or at such earlier date as the Employer thinks appropriate, the Employer shall give notice to the Contractor that such Contractor’s Equipment will be returned to the Contractor at or near the Site and shall return such Contractor’s Equipment to the Contractor in accordance with such notice. The Contractor shall thereafter without delay and at its cost remove or arrange removal of the same from the Site. 42.2.5 Subject to GCC Sub-Clause 42.2.6, the Contractor shall be entitled to be paid the Contract Price attributable to the Facilities executed as of the date of termination, the value of any unused or partially used Plant on the Site, and the costs, if any, incurred in protecting the Facilities and in leaving the Site in a clean and safe condition pursuant to paragraph (a) of GCC Sub-Clause 42.2.3. Any sums due the Employer from the Contractor accruing prior to the date of termination shall be deducted from the amount to be paid to the Contractor under this Contract. 42.2.6 If the Employer completes the Facilities, the cost of completing the Facilities by the Employer shall be determined. If the sum that the Contractor is entitled to be paid, pursuant to GCC Sub-Clause 42.2.5, plus the reasonable costs incurred by the Employer in completing the Facilities, exceeds the Contract Price, the Contractor shall be liable for such excess. If such excess is greater than the sums due the Contractor under GCC Sub-Clause 42.2.5, the Contractor shall pay the balance to the Employer, and if such excess is less than the sums due the Contractor under GCC Sub-Clause 42.2.5, the Employer shall pay the balance to the Contractor. The Employer and the Contractor shall agree, in writing, on the computation described above and the manner in which any sums shall be paid. 42.3 Termination by the Contractor 42.3.1 If (a) the Employer has failed to pay the Contractor any sum due under the Contract within the specified period, has failed to approve any invoice or supporting documents without just cause pursuant to the Appendix to the Contract Agreement titled Terms and Procedures of Payment, or commits a substantial breach of the Contract, the Contractor may give a notice to the Employer that requires payment of such sum, with interest thereon as stipulated in GCC Sub-Clause 12.3, requires approval of such invoice or supporting documents, or specifies the breach and requires the Employer to remedy the same, as the case may be. If the Employer fails to pay such sum together with such interest, fails to approve such invoice or supporting documents or give its reasons for withholding such approval, fails to remedy the breach or take steps to remedy the breach within fourteen (14) days after receipt of the Contractor’s notice, or (b) the Contractor is unable to carry out any of its obligations under the Contract for any reason attributable to the Employer, including but not limited to the Employer’s failure to provide possession of or access to the Site or other areas or failure to obtain any governmental permit necessary for the execution and/or completion of the Facilities, then the Contractor may give a notice to the Employer thereof, and if the Employer has failed to pay the outstanding sum, to approve the invoice or supporting documents, to give its reasons for withholding such approval, or to remedy the breach within twenty-eight (28) days of such notice, or if the Contractor is still unable to carry out any of its obligations under the Contract for any reason attributable to the Employer within twenty-eight (28) days of the said notice, the Contractor may by a further notice to the Employer referring to this GCC Sub-Clause 42.3.1, forthwith terminate the Contract. 42.3.2 The Contractor may terminate the Contract forthwith by giving a notice to the Employer to that effect, referring to this GCC Sub-Clause 42.3.2, if the Employer becomes bankrupt or insolvent, has a receiving order issued against it, compounds with its creditors, or, being a corporation, if a resolution is passed or order is made for its winding up (other than a voluntary liquidation for the purposes of amalgamation or reconstruction), a receiver is appointed over any part of its undertaking or assets, or if the Employer takes or suffers any other analogous action in consequence of debt. 42.3.3 If the Contract is terminated under GCC Sub-Clauses 42.3.1 or 42.3.2, then the Contractor shall immediately (a) cease all further work, except for such work as may be necessary for the purpose of protecting that part of the Facilities already executed, or any work required to leave the Site in a clean and safe condition (b) terminate all subcontracts, except those to be assigned to the Employer pursuant to paragraph (d) (ii) (c) remove all Contractor’s Equipment from the Site and repatriate the Contractor’s Personnel from the Site, and (d) subject to the payment specified in GCC Sub-Clause 42.3.4, (i) deliver to the Employer the parts of the Facilities executed by the Contractor up to the date of termination (ii) to the extent legally possible, assign to the Employer all right, title and benefit of the Contractor to the Facilities and to the Plant as of the date of termination, and, as may be required by the Employer, in any subcontracts concluded between the Contractor and its Subcontractors, and (iii) deliver to the Employer all drawings, specifications and other documents prepared by the Contractor or its Subcontractors as of the date of termination in connection with the Facilities. 42.3.4 If the Contract is terminated under GCC Sub-Clauses 42.3.1 or 42.3.2, the Employer shall pay to the Contractor all payments specified in GCC Sub-Clause 42.1.3, and reasonable compensation for all loss, except for loss of profit, or damage sustained by the Contractor arising out of, in connection with or in consequence of such termination. 42.3.5 Termination by the Contractor pursuant to this GCC Sub-Clause 42.3 is without prejudice to any other rights or remedies of the Contractor that may be exercised in lieu of or in addition to rights conferred by GCC Sub-Clause 42.3. 42.4 In this GCC Clause 42, the expression “Facilities executed” shall include all work executed, Installation Services provided, and all Plant acquired, or subject to a legally binding obligation to purchase, by the Contractor and used or intended to be used for the purpose of the Facilities, up to and including the date of termination. 42.5 In this GCC Clause 42, in calculating any monies due from the Employer to the Contractor, account shall be taken of any sum previously paid by the Employer to the Contractor under the Contract, including any advance payment paid pursuant to the Appendix to the Contract Agreement titled Terms and Procedures of Payment. |
43. Assignment | 43.1 Neither the Employer nor the Contractor shall, without the express prior written consent of the other Party, which consent shall not be unreasonably withheld, assign to any third Party the Contract or any part thereof, or any right, benefit, obligation or interest therein or thereunder, except that the Contractor shall be entitled to assign either absolutely or by way of charge any monies due and payable to it or that may become due and payable to it under the Contract. |
44. Export Restrictions | 44.1 Notwithstanding any obligation under the Contract to complete all export formalities, any export restrictions attributable to the Employer, to the country of the Employer or to the use of the Plant and Installation Services to be supplied which arise from trade regulations from a country supplying those Plant and Installation Services, and which substantially impede the Contractor from meeting its obligations under the Contract, shall release the Contractor from the obligation to provide deliveries or services, always provided, however, that the Contractor can demonstrate to the satisfaction of the Employer and of the Bank that it has completed all formalities in a timely manner, including applying for permits, authorizations and licenses necessary for the export of the Plant and Installation Services under the terms of the Contract. Termination of the Contract on this basis shall be for the Employer’s convenience pursuant to Sub-Clause 42.1. |
45. Contractor’s Claims | 45.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall submit a notice to the Project Manager, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance. If the Contractor fails to give notice of a claim within such period of 28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub-Clause shall apply. The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all as relevant to such event or circumstance. The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project Manager. Without admitting the Employer’s liability, the Project Manager may, after receiving any notice under this Sub-Clause, monitor the record-keeping and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager to inspect all these records, and shall (if instructed) submit copies to the Project Manager. Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project Manager, the Contractor shall send to the Project Manager a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager and approved by the Contractor, the Project Manager shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within such time. Each Payment Certificate shall include such amounts for any claim as have been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only be entitled to payment for such part of the claim as he has been able to substantiate. The Project Manager shall agree with the Contractor or estimate: (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with GCC Clause 40, and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract. The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contractor fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub-Clause. In the event that the Contractor and the Employer cannot agree on any matter relating to a claim, either Party may refer the matter to the Dispute Board pursuant to GCC 46 hereof. |
46. Disputes and Arbitration | 46.1 Appointment of the Dispute Board Disputes shall be referred to a DB for decision in accordance with GCC Sub-Clause 46.3. The Parties shall appoint a DB by the date stated in the PCC. The DB shall comprise, as stated in the PCC, either one or three suitably qualified persons (“the members”), each of whom shall meet the criteria set forth in Sub-Clause 3 of Appendix A- General Conditions of Dispute Board Agreement. If the number is not so stated and the Parties do not agree otherwise, the DB shall comprise three persons, one of whom shall serve as chairman. If the Contract is with a foreign Contractor, the DB members shall not have the same nationality as the Employer or the Contractor. If the Parties have not jointly appointed the DB 21 days before the date stated in the PCC and the DB is to comprise three persons, each Party shall nominate one member for the approval of the other Party. The first two members shall recommend and the Parties shall agree upon the third member, who shall act as chairman. However, if a list of potential members is included in the PCC, the members shall be selected from those on the list, other than anyone who is unable or unwilling to accept appointment to the DB. The agreement between the Parties and either the sole member or each of the three members shall incorporate by reference the General Conditions of Dispute Board Agreement contained in the Appendix to these General Conditions, with such amendments as are agreed between them. The DB shall be deemed to be constituted on the date the Parties and the sole member or the three members (as the case may be) of the DB have all signed a DB agreement. The terms of the remuneration of either the sole member or each of the three members, including the remuneration of any expert whom the DB consults, shall be mutually agreed upon by the Parties when agreeing the terms of appointment of the member or such expert (as the case may be). Each Party shall be responsible for paying one-half of this remuneration. If a member declines to act or is unable to act as a result of death, disability, resignation or termination of appointment, a replacement shall be appointed in the same manner as the replaced person was required to have been nominated or agreed upon, as described in this Sub-Clause. The appointment of any member may be terminated by mutual agreement of both Parties, but not by the Employer or the Contractor acting alone. Unless otherwise agreed by both Parties, the appointment of the DB (including each member) shall expire when the Operational Acceptance Certificate has been issued in accordance with GCC Sub-Clause 25.3. |
| 46.2 Failure to Agree on the Composition of the Dispute Board If any of the following conditions apply, namely:
then the appointing entity or official named in the PCC shall, upon the request of either or both of the Parties and after due consultation with both Parties, appoint this member of the DB. This appointment shall be final and conclusive. Each Party shall be responsible for paying one-half of the remuneration of the appointing entity or official. |
| 46.3 Obtaining Dispute Board’s Decision If a dispute (of any kind whatsoever) arises between the Parties in connection with the performance of the Contract, including any dispute as to any certificate, determination, instruction, opinion or valuation of the Project Manager, either Party may refer the dispute in writing to the DB for its decision, with copies to the other Party and the Project Manager. Such reference shall state that it is given under this Sub-Clause. For a DB of three persons, the DB shall be deemed to have received such reference on the date when it is received by the chairman of the DB. Both Parties shall promptly make available to the DB all such additional information, further access to the Site, and appropriate facilities, as the DB may require for the purposes of making a decision on such dispute. The DB shall be deemed to be not acting as arbitrator(s). Within 84 days after receiving such reference, or within such other period as may be proposed by the DB and approved by both Parties, the DB shall give its decision, which shall be reasoned and shall state that it is given under this Sub-Clause. The decision shall be binding on both Parties, who shall promptly give effect to it unless and until it shall be revised in an amicable settlement or an arbitral award as described below. Unless the Contract has already been abandoned, repudiated or terminated, the Contractor shall continue with the performance of the Facilities in accordance with the Contract. If either Party is dissatisfied with the DB’s decision, then either Party may, within 28 days after receiving the decision, give notice to the other Party of its dissatisfaction and intention to commence arbitration. If the DB fails to give its decision within the period of 84 days (or as otherwise approved) after receiving such reference, then either Party may, within 28 days after this period has expired, give notice to the other Party of its dissatisfaction and intention to commence arbitration. In either event, this notice of dissatisfaction shall state that it is given under this Sub-Clause, and shall set out the matter in dispute and the reason(s) for dissatisfaction. Except as stated in GCC Sub-Clauses 46.6 and 46.7, neither Party shall be entitled to commence arbitration of a dispute unless a notice of dissatisfaction has been given in accordance with this Sub-Clause. If the DB has given its decision as to a matter in dispute to both Parties, and no notice of dissatisfaction has been given by either Party within 28 days after it received the DB’s decision, then the decision shall become final and binding upon both Parties. |
| 46.4 Amicable Settlement Where notice of dissatisfaction has been given under GCC Sub-Clause 46.3 above, both Parties shall attempt to settle the dispute amicably before the commencement of arbitration. However, unless both Parties agree otherwise, arbitration may be commenced on or after the fifty-sixth day after the day on which notice of dissatisfaction and intention to commence arbitration was given, even if no attempt at amicable settlement has been made. |
| 46.5 Arbitration Unless indicated otherwise in the PCC, any dispute not settled amicably and in respect of which the DB’s decision (if any) has not become final and binding shall be finally settled by arbitration. Unless otherwise agreed by both Parties, arbitration shall be conducted as follows: (a) For contracts with foreign contractors: unless otherwise specified in the PCC; the dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce; by one or three arbitrators appointed in accordance with these Rules. The place of arbitration shall be the neutral location stated in the PCC; and the arbitration shall be conducted in the ruling language stated in the PCC; and (b) For contracts with domestic contractors, arbitration with proceedings conducted in accordance with the laws of the Employer’s Country. The arbitrator(s) shall have full power to open up, review and revise any certificate, determination, instruction, opinion or valuation of the Project Manager, and any decision of the DB, relevant to the dispute. Nothing shall disqualify the Project Manager from being called as a witness and giving evidence before the arbitrator(s) on any matter whatsoever relevant to the dispute. Neither Party shall be limited in the proceedings before the arbitrator(s) to the evidence or arguments previously put before the DB to obtain its decision, or to the reasons for dissatisfaction given in its notice of dissatisfaction. Any decision of the DB shall be admissible in evidence in the arbitration. Arbitration may be commenced prior to or after completion of the Facilities. The obligations of the Parties, the Project Manager and the DB shall not be altered by reason of any arbitration being conducted during the progress of the execution of the Facilities. |
| 46.6 Failure to Comply with Dispute Board’s Decision In the event that a Party fails to comply with a DB decision which has become final and binding, then the other Party may, without prejudice to any other rights it may have, refer the failure itself to arbitration under GCC Sub-Clause 46.5. GCC Sub-Clauses 46.3 and 46.4 shall not apply to this reference. |
| 46.7 Expiry of Dispute Board’s Appointment If a dispute arises between the Parties in connection with the performance of the Contract, and there is no DB in place, whether by reason of the expiry of the DB’s appointment or otherwise: (a) GCC Sub-Clauses 46.3 and 46.4 shall not apply, and (b) the dispute may be referred directly to arbitration under GCC Sub-Clause 46.5 |
47. Cyber Security
| 47.1 Pursuant to the PCC, the Contractor including its Subcontractors/ suppliers/ manufacturers shall take all technical and organizational measures necessary to protect the information technology systems and data used in connection with the Contract. Without limiting the foregoing, the Contractor, including its Subcontractors/ suppliers/ manufacturers, shall use all reasonable efforts to establish, maintain, implement and comply with, reasonable information technology, information security, cyber security and data protection controls, policies and procedures, including oversight, access controls, encryption, technological and physical safeguards and business continuity/disaster recovery and security plans that are designed to protect against and prevent breach, destruction, loss, unauthorized distribution, use, access, disablement, misappropriation or modification, or other compromise or misuse of or relating to any information technology system or data used in connection with the Contract. |
APPENDIX A
General Conditions of Dispute Board Agreement
1. Definitions
Each “Dispute Board Agreement” is a tripartite agreement by and between:
the “Employer”;
the “Contractor”; and
the “Member” who is defined in the Dispute Board Agreement as being:
(i) the sole member of the “DB” and, where this is the case, all references to the “Other Members” do not apply, or
(ii) one of the three persons who are jointly called the “DB” (or “dispute board”) and, where this is the case, the other two persons are called the “Other Members”.
The Employer and the Contractor have entered (or intend to enter) into a contract, which is called the “Contract” and is defined in the Dispute Board Agreement, which incorporates this Appendix. In the Dispute Board Agreement, words and expressions which are not otherwise defined shall have the meanings assigned to them in the Contract.
2. General Provisions
Unless otherwise stated in the Dispute Board Agreement, it shall take effect on the latest of the following dates:
(a) the Commencement Date defined in the Contract,
(b) when the Employer, the Contractor and the Member have each signed the Dispute Board Agreement, or
(c) when the Employer, the Contractor and each of the Other Members (if any) have respectively each signed a dispute board agreement.
This employment of the Member is a personal appointment. At any time, the Member may give not less than 70 days’ notice of resignation to the Employer and to the Contractor, and the Dispute Board Agreement shall terminate upon the expiry of this period.
3. Warranties
The Member warrants and agrees that he/she is and shall be impartial and independent of the Employer, the Contractor and the Project Manager. The Member shall promptly disclose, to each of them and to the Other Members (if any), any fact or circumstance which might appear inconsistent with his/her warranty and agreement of impartiality and independence.
4. General Obligations of the Member
The Member shall:
(a) have no interest financial or otherwise in the Employer, the Contractor or the Project Manager, nor any financial interest in the Contract except for payment under the Dispute Board Agreement;
(b) not previously have been employed as a consultant or otherwise by the Employer, the Contractor or the Project Manager, except in such circumstances as were disclosed in writing to the Employer and the Contractor before they signed the Dispute Board Agreement;
(c) have disclosed in writing to the Employer, the Contractor and the Other Members (if any), before entering into the Dispute Board Agreement and to his/her best knowledge and recollection, any professional or personal relationships with any director, officer or employee of the Employer, the Contractor or the Project Manager, and any previous involvement in the overall project of which the Contract forms part;
(d) not, for the duration of the Dispute Board Agreement, be employed as a consultant or otherwise by the Employer, the Contractor or the Project Manager, except as may be agreed in writing by the Employer, the Contractor and the Other Members (if any);
(e) comply with the annexed procedural rules and with GCC Sub-Clause 46.3;
(f) not give advice to the Employer, the Contractor, the Employer’s Personnel or the Contractor’s Personnel concerning the conduct of the Contract, other than in accordance with the annexed procedural rules;
(g) not while a Member enter into discussions or make any agreement with the Employer, the Contractor or the Project Manager regarding employment by any of them, whether as a consultant or otherwise, after ceasing to act under the Dispute Board Agreement;
(h) ensure his/her availability for all site visits and hearings as are necessary;
(i) become conversant with the Contract and with the progress of the Facilities (and of any other parts of the project of which the Contract forms part) by studying all documents received which shall be maintained in a current working file;
(j) treat the details of the Contract and all the DB’s activities and hearings as private and confidential, and not publish or disclose them without the prior written consent of the Employer, the Contractor and the Other Members (if any); and
(k) be available to give advice and opinions, on any matter relevant to the Contract when requested by both the Employer and the Contractor, subject to the agreement of the Other Members (if any).
5. General Obligations of the Employer and the Contractor
The Employer, the Contractor, the Employer’s Personnel and the Contractor’s Personnel shall not request advice from or consultation with the Member regarding the Contract, otherwise than in the normal course of the DB’s activities under the Contract and the Dispute Board Agreement. The Employer and the Contractor shall be responsible for compliance with this provision, by the Employer’s Personnel and the Contractor’s Personnel respectively.
The Employer and the Contractor undertake to each other and to the Member that the Member shall not, except as otherwise agreed in writing by the Employer, the Contractor, the Member and the Other Members (if any):
(a) be appointed as an arbitrator in any arbitration under the Contract;
(b) be called as a witness to give evidence concerning any dispute before arbitrator(s) appointed for any arbitration under the Contract; or
(c) be liable for any claims for anything done or omitted in the discharge or purported discharge of the Member’s functions, unless the act or omission is shown to have been in bad faith.
The Employer and the Contractor hereby jointly and severally indemnify and hold the Member harmless against and from claims from which he is relieved from liability under the preceding paragraph.
Whenever the Employer or the Contractor refers a dispute to the DB under GCC Sub-Clause 46.3, which will require the Member to make a site visit and attend a hearing, the Employer or the Contractor shall provide appropriate security for a sum equivalent to the reasonable expenses to be incurred by the Member. No account shall be taken of any other payments due or paid to the Member.
6. Payment
The Member shall be paid as follows, in the currency named in the Dispute Board Agreement:
(a) a retainer fee per calendar month, which shall be considered as payment in full for:
(i) being available on 28 days’ notice for all site visits and hearings;
(ii) becoming and remaining conversant with all project developments and maintaining relevant files;
(iii) all office and overhead expenses including secretarial services, photocopying and office supplies incurred in connection with his duties; and
(iv) all services performed hereunder except those referred to in sub-paragraphs (b) and (c) of this Clause.
The retainer fee shall be paid with effect from the last day of the calendar month in which the Dispute Board Agreement becomes effective; until the last day of the calendar month in which the Taking-Over Certificate is issued for the whole of the Facilities.
With effect from the first day of the calendar month following the month in which Taking-Over Certificate is issued for the whole of the Facilities, the retainer fee shall be reduced by one third This reduced fee shall be paid until the first day of the calendar month in which the Member resigns or the Dispute Board Agreement is otherwise terminated.
(b) a daily fee which shall be considered as payment in full for:
(i) each day or part of a day up to a maximum of two days’ travel time in each direction for the journey between the Member’s home and the site, or another location of a meeting with the Other Members (if any);
(ii) each working day on site visits, hearings or preparing decisions; and
(iii) each day spent reading submissions in preparation for a hearing.
(c) all reasonable expenses including necessary travel expenses (air fare in less than first class, hotel and subsistence and other direct travel expenses) incurred in connection with the Member’s duties, as well as the cost of telephone calls, courier charges, faxes and telexes: a receipt shall be required for each item in excess of five percent of the daily fee referred to in sub-paragraph (b) of this Clause;
(d) any taxes properly levied in the Country on payments made to the Member (unless a national or permanent resident of the Country) under this Clause 6.
The retainer and daily fees shall be as specified in the Dispute Board Agreement. Unless it specifies otherwise, these fees shall remain fixed for the first 24 calendar months and shall thereafter be adjusted by agreement between the Employer, the Contractor and the Member, at each anniversary of the date on which the Dispute Board Agreement became effective.
If the Parties fail to agree on the retainer fee or the daily fee the appointing entity or official named in the PCC shall determine the amount of the fees to be used.
The Member shall submit invoices for payment of the monthly retainer and air fares quarterly in advance. Invoices for other expenses and for daily fees shall be submitted following the conclusion of a site visit or hearing. All invoices shall be accompanied by a brief description of activities performed during the relevant period and shall be addressed to the Contractor.
The Contractor shall pay each of the Member’s invoices in full within 56 calendar days after receiving each invoice and shall apply to the Employer (in the Statements under the Contract) for reimbursement of one-half of the amounts of these invoices. The Employer shall then pay the Contractor in accordance with the Contract.
If the Contractor fails to pay to the Member the amount to which he/she is entitled under the Dispute Board Agreement, the Employer shall pay the amount due to the Member and any other amount which may be required to maintain the operation of the DB; and without prejudice to the Employer’s rights or remedies. In addition to all other rights arising from this default, the Employer shall be entitled to reimbursement of all sums paid in excess of one-half of these payments, plus all costs of recovering these sums and financing charges calculated at the rate specified in accordance with GCC Sub-Clause 12.3.
If the Member does not receive payment of the amount due within 70 days after submitting a valid invoice, the Member may (i) suspend his/her services (without notice) until the payment is received, and/or (ii) resign his/her appointment by giving notice under Clause 7.
7. Termination
At any time: (i) the Employer and the Contractor may jointly terminate the Dispute Board Agreement by giving 42 days’ notice to the Member; or (ii) the Member may resign as provided for in Clause 2.
If the Member fails to comply with the Dispute Board Agreement, the Employer and the Contractor may, without prejudice to their other rights, terminate it by notice to the Member. The notice shall take effect when received by the Member.
If the Employer or the Contractor fails to comply with the Dispute Board Agreement, the Member may, without prejudice to his other rights, terminate it by notice to the Employer and the Contractor. The notice shall take effect when received by them both.
Any such notice, resignation and termination shall be final and binding on the Employer, the Contractor and the Member. However, a notice by the Employer or the Contractor, but not by both, shall be of no effect.
8. Default of the Member
If the Member fails to comply with any of his obligations under Clause 4 concerning his impartiality or independence in relation to the Employer or the Contractor, he/she shall not be entitled to any fees or expenses hereunder and shall, without prejudice to their other rights, reimburse each of the Employer and the Contractor for any fees and expenses received by the Member and the Other Members (if any), for proceedings or decisions (if any) of the DB which are rendered void or ineffective by the said failure to comply.
9. Disputes
Any dispute or claim arising out of or in connection with this Dispute Board Agreement, or the breach, termination or invalidity thereof, shall be finally settled by institutional arbitration. If no other arbitration institute is agreed, the arbitration shall be conducted under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with these Rules of Arbitration.
Appendix A
DISPUTE BOARD GUIDELINES
1. Unless otherwise agreed by the Employer and the Contractor, the DB shall visit the site at intervals of not more than 140 days, including times of critical construction events, at the request of either the Employer or the Contractor. Unless otherwise agreed by the Employer, the Contractor and the DB, the period between consecutive visits shall not be less than 70 days, except as required to convene a hearing as described below.
2. The timing of and agenda for each site visit shall be as agreed jointly by the DB, the Employer and the Contractor, or in the absence of agreement, shall be decided by the DB. The purpose of site visits is to enable the DB to become and remain acquainted with the progress of the execution of the Contract and of any actual or potential problems or claims, and, as far as reasonable, to prevent potential problems or claims from becoming disputes.
3. Site visits shall be attended by the Employer, the Contractor and the Project Manager and shall be coordinated by the Employer in co-operation with the Contractor. The Employer shall ensure the provision of appropriate conference facilities and secretarial and copying services. At the conclusion of each site visit and before leaving the site, the DB shall prepare a report on its activities during the visit and shall send copies to the Employer and the Contractor.
4. The Employer and the Contractor shall furnish to the DB one copy of all documents which the DB may request, including Contract documents, progress reports, variation instructions, certificates and other documents pertinent to the performance of the Contract. All communications between the DB and the Employer or the Contractor shall be copied to the other Party. If the DB comprises three persons, the Employer and the Contractor shall send copies of these requested documents and these communications to each of these persons.
5. If any dispute is referred to the DB in accordance with GCC Sub-Clause 46.3, the DB shall proceed in accordance with GCC Sub-Clause 46.3 and these Guidelines. Subject to the time allowed to give notice of a decision and other relevant factors, the DB shall:
(a) act fairly and impartially as between the Employer and the Contractor, giving each of them a reasonable opportunity of putting his case and responding to the other’s case, and
(b) adopt procedures suitable to the dispute, avoiding unnecessary delay or expense.
6. The DB may conduct a hearing on the dispute, in which event it will decide on the date and place for the hearing and may request that written documentation and arguments from the Employer and the Contractor be presented to it prior to or at the hearing.
7. Except as otherwise agreed in writing by the Employer and the Contractor, the DB shall have power to adopt an inquisitorial procedure, to refuse admission to hearings or audience at hearings to any persons other than representatives of the Employer, the Contractor and the Project Manager, and to proceed in the absence of any Party who the DB is satisfied received notice of the hearing; but shall have discretion to decide whether and to what extent this power may be exercised.
8. The Employer and the Contractor empower the DB, among other things, to:
(a) establish the procedure to be applied in deciding a dispute,
(b) decide upon the DB’s own jurisdiction, and as to the scope of any dispute referred to it,
(c) conduct any hearing as it thinks fit, not being bound by any rules or procedures other than those contained in the Contract and these Guidelines,
(d) take the initiative in ascertaining the facts and matters required for a decision,
(e) make use of its own specialist knowledge, if any,
(f) decide upon the payment of financing charges in accordance with the Contract,
(g) decide upon any provisional relief such as interim or conservatory measures,
(h) open up, review and revise any certificate, decision, determination, instruction, opinion or valuation of the Project Manager, relevant to the dispute, and
(i) appoint, should the DB so consider necessary and the Parties agree, a suitable expert/s (including legal and technical expert(s)) at the cost of the Parties to give advice on a specific matter/s relevant to the dispute.
9. The DB shall not express any opinions during any hearing concerning the merits of any arguments advanced by the Parties. Thereafter, the DB shall make and give its decision in accordance with GCC Sub-Clause 46.3, or as otherwise agreed by the Employer and the Contractor in writing. If the DB comprises three persons:
(a) it shall convene in private after a hearing, in order to have discussions and prepare its decision;
(b) it shall endeavor to reach a unanimous decision: if this proves impossible the applicable decision shall be made by a majority of the Members, who may require the minority Member to prepare a written report for submission to the Employer and the Contractor; and
(c) if a Member fails to attend a meeting or hearing, or to fulfil any required function, the other two Members may nevertheless proceed to make a decision, unless:
(i) either the Employer or the Contractor does not agree that they do so, or
(ii) the absent Member is the chairman and he/she instructs the other Members to not make a decision.
APPENDIX B
Fraud and Corruption
(Text in this Appendix shall not be modified)
APPENDIX C
Metrics for Progress Reports- Environmental and Social (ES)
Metrics for regular reporting:
APPENDIX D
Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH) Performance Declaration for Subcontractors
[The following table shall be filled in by each subcontractor proposed by the Contractor, that was not named in the Contract]
Subcontractor’s Name: [insert full name]
Date: [insert day, month, year]
Contract reference [insert contract reference]
Page [insert page number] of [insert total number] pages
SEA and/or SH Declaration
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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.
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[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:
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PCC 11. Contract Price | PCC 11.2 The Contract Price shall be a firm lump sum. |
PCC 12. Terms of Payment | PCC 12.5 An amount equivalent to 2% of the Contract price. |
PCC 13. Securities | PCC 13.3.1 The amount of Performance Security, as a percentage of the Contract Price for the Facility or for the part of the Facility for which a separate Time for Completion is provided, shall be: Ten (10%) of the Total Contract Price. PCC 13.3.2 The Performance Security shall be in the form of the Bank Guarantee attached hereto in Section X, Contract Forms. The Performance Security shall be issued by any registered "A" class commercial Bank in Kingdom of Eswatini, or a Foreign Bank. If Performance Security will be issued by a Foreign Bank, it shall be counter guaranteed by any registered "A" class commercial Bank in Kingdom of Eswatini. The performance security as required by the clause 13.3.1 above shall be valid for period covering entire contract execution period and any extension thereof plus defect liability period plus three months. PCC 13.3.3 The Performance Security shall not be reduced on the date of the Operational Acceptance. PCC 13.3.3 The Performance Security shall be reduced to ten percent (10%) of the value of the component covered by the extended defect liability to cover the Contractor’s extended defect liability in accordance with the provision in the PCC, pursuant to GCC Sub-Clause 27.10. |
PCC 15. License/Use of Technical Information | PCC 15.2 Add the following as second paragraph: The Employer shall have the right to reproduce any or all drawings, documents and other materials furnished to the Employer for the purpose of the Contract and in addition, if required, for operation and maintenance. |
PCC 18. Progress Report | PCC 18.3 Progress reports shall include status of compliance to cyber security risks management, and any foreseeable cyber security risk and mitigation. Potential and occurred cyber security incidents are to be immediately reported |
PCC 21. Procurement | PCC 21.3.2 Add the following to the clause: The Employer shall in no way be responsible for the condition of road and access. |
PCC 22 Installation | PCC22.2.5 Working Hours Normal working hours are: 0800hrs to 1700hrs (Monday to Friday) PCC 22.2.8 Funeral Arrangements: as specified in the GCC. |
PCC 23. Tests and Inspection | PCC 23.2 Supplement GCC 23.2 with the following: For tests / inspections and training, the Contractor will arrange and pay for the visa fee, accommodation in the international and local travel of two (02) representatives of the employer i.e. - air tickets; local transport; accommodation. PCC 23.3 Supplement GCC 23.3 with the following: The Contractor shall furnish the Project Manager with the details of the program of the tests and/or inspection and of the place and time thereof at least two (2) weeks in advance in case of domestic supplies & six (6) weeks in advance in case of foreign supplies. PCC 23.4 Supplement GCC 23.3 with the following: The Contractor shall provide the Project Manager with a certified report of the results of any such test and/or inspection within fifteen (15) days after completion of tests. PCC 23.6 Add the following at the end of GCC 23.6: All costs incurred by the Employer including all travelling and board and lodging expenses by the repetition of the tests or false call for tests shall be borne by the Contractor pursuant to GCC Sub-Clause 23.2. Any delay in delivery due to retest or false call shall not constitute a release of the Contractor from his responsibilities for delay. |
PCC 25. Commissioning and Operational Acceptance | PCC 25.2.2 The Guarantee Test of the Facilities shall be successfully completed within one (1) month from the date of Completion. PCC 25.3.1(e) Add the following new sub-clause: Three (3) sets of as built drawings, operating and maintenance manuals and USB drives etc. |
PCC 26. Completion Time Guarantee | PCC 26.2 Applicable rate for liquidated damages: 1% per week The above rate applies to the price of the part of the Facilities, as quoted in the Price Schedule, for that part for which the Contractor fails to achieve Completion within the particular Time for Completion. Maximum deduction for liquidated damages: 10% of the Contract Price PCC 26.3 Applicable (amount or rate) for the bonus for early Completion: Maximum bonus: N/A PCC 26.3 No bonus will be given for earlier Completion of the Facilities or part thereof. |
PCC 27. Defect Liability | PCC 27.10 The critical components covered under the extended defect liability are None. |
PCC 30. Limitation of Liability | PCC 30.1 (b) The multiplier of the Contract Price is: one (1) |
PCC 39. Value Engineering | PCC 39.1.2 If the value engineering proposal is approved by the Employer the amount to be paid to the Contractor shall be 50 % of the reduction in the Contract Price |
PCC 39.2.1 | (f) A “Change Proposal,” which shall include the following:
The Contractor shall implement and maintain appropriate administrative, technical, and physical safeguards to protect the Telecoms network, SCADA system, associated networks, software, hardware, and operational technology assets from unauthorized access, misuse, alteration, disruption, destruction, or disclosure. |
PCC46. Disputes and Arbitration | PCC 46.1 The DB shall be appointed within 30 days after a dispute has been declared by either party of the Contract Agreement PCC 46.1 The DB shall be: comprised of one (1) person, who is fluent in the English language and shall be a professional experienced in the type of activities involved in the performance of the Contract and with the interpretation of contractual documents. The potential member is an independent and neutral with no interest in the Contract.
PCC 46.1 List of potential DB members: List of arbitrators of the Association of Arbitrators (Southern Africa) (to be defined at contract signing). Proposed by Contractor [Attach CVs to the Contract] List of arbitrators of the Association of Arbitrators (Southern Africa) (to be defined at contract signing).
PCC 46.2 Appointment (if not agreed) to be made by: Association of Arbitrators (Southern Africa) PCC 46.5 Procedure to settle disputes in respect of which DB’s decision (if any) has not become final and binding shall be finally settled by arbitration: Rules of arbitration GCC Sub-Clause 46.5(a): For a Foreign Contractor, the dispute shall be finally settled under the Rules of the Rules of the Conduct of Arbitrations (5th Edition 2005) of the Association of Arbitrators (Southern Africa); by one or three arbitrators appointed in accordance with these Rules. The place of arbitration shall be the neutral location agreed by both parties.
GCC Sub-Clause 46.5 (b): For a local Contractor, the dispute shall be finally settled under the Rules of the Rules of the Conduct of Arbitrations (5th Edition 2005) of the Association of Arbitrators (Southern Africa) within the context of the Law of Eswatini; by one or three arbitrators appointed in accordance with these Rules. The place of arbitration shall be in Eswatini. |
PCC 47. | PCC 47.1- The Contractor shall comply with the following Cyber security requirements: 1. Comply with IEC 62443 (Industrial Automation and Control Systems cybersecurity). 2. Support IEC 62351 security measures for power system communications, including secure DNP3 communications where applicable. 3. Meet the cybersecurity capability requirements of IEEE 1686 for Intelligent Electronic Devices (IEDs). |
Section X - Contract Forms |
Table of Forms
Notification of Intention to Award. 298
Letter of Acceptance. 305
Contract Agreement 306
Appendix 1. Terms and Procedures of Payment 310
Appendix 2. Price Adjustment 313
Appendix 3. Insurance Requirements. 315
Appendix 4. Time Schedule. 318
Appendix 5. List of Major Items of Plant and Installation Services and List of Approved Subcontractors. 319
Appendix 6. Scope of Works and Supply by the Employer 320
Appendix 7. List of Documents for Approval or Review.. 321
Appendix 8. Functional Guarantees. 322
Performance Security Form– Bank Guarantee. 324
Performance Security Form- Conditional Bank Guarantee. 327
Advance Payment Security. 329
Notification of Intention to Award
[This Notification of Intention to Award shall be sent to each Bidder that submitted a Bid, unless the Bidder has previously received notice of exclusion from the process at an interim stage of the procurement process]
[Send this Notification to the Bidder’s Authorized Representative named in the Bidder Information Form]
For the attention of Bidder’s Authorized Representative
Name: [insert Authorized Representative’s name]
Address: [insert Authorized Representative’s Address]
Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]
Email Address: [insert Authorized Representative’s email address]
[IMPORTANT: insert the date that this Notification is transmitted to all participating Bidders. The Notification must be sent to all Bidders simultaneously. This means on the same date and as close to the same time as possible.]
DATE OF TRANSMISSION: This Notification is sent by: [email/fax] on [date] (local time)
Notification of Intention to Award
Employer: [insert the name of the Employer]
Project: [insert name of project]
Contract title: [insert the name of the contract]
Country: [insert country where RFB is issued]
Loan No. /Credit No. / Grant No.: [insert reference number for loan/credit/grant]
RFB No: [insert RFB reference number from Procurement Plan]
This Notification of Intention to Award (Notification) notifies you of our decision to award the above contract. The transmission of this Notification begins the Standstill Period. During the Standstill Period, you may:
Name: | [insert name of successful Bidder] |
Address: | [insert address of the successful Bidder] |
Contract price: | [insert contract price of the successful Bid] |
Total combined score: | [insert the total combined score of the successful Bidder] |
Name of Bidder | Technical Score | Bid Price | Evaluated Bid Cost | Combined Score |
[insert name] | [insert Technical score] | [insert Bid price] | [insert evaluated cost] | [insert combined score] |
[insert name] | [insert Technical score] | [insert Bid price] | [insert evaluated cost] | [insert combined score] |
[insert name] | [insert Technical score] | [insert Bid price] | [insert evaluated cost] | [insert combined score] |
[insert name] | [insert Technical score] | [insert Bid price] | [insert evaluated cost] | [insert combined score] |
[insert name] | [insert Technical score] | [insert Bid price] | [insert evaluated cost] | [insert combined score] |
[INSTRUCTIONS: State the reason/s why this Bidder’s Bid was unsuccessful. Do NOT include: (a) a point by point comparison with another Bidder’s Bid or (b) information that is marked confidential by the Bidder in its Bid.] |
DEADLINE: The deadline to request a debriefing expires at midnight on [insert date] (local time). You may request a debriefing in relation to the results of the evaluation of your Bid. If you decide to request a debriefing, your written request must be made within three (3) Business Days of receipt of this Notification of Intention to Award. Provide the contract name, reference number, name of the Bidder, contact details; and address the request for debriefing as follows: Attention: [insert full name of person, if applicable] Title/position: [insert title/position] Agency: [insert name of Employer] Email address: [insert email address] Fax number: [insert fax number] delete if not used If your request for a debriefing is received within the 3 Business Days deadline, we will provide the debriefing within five (5) Business Days of receipt of your request. If we are unable to provide the debriefing within this period, the Standstill Period shall be extended by five (5) Business Days after the date that the debriefing is provided. If this happens, we will notify you and confirm the date that the extended Standstill Period will end. The debriefing may be in writing, by phone, video conference call or in person. We shall promptly advise you in writing how the debriefing will take place and confirm the date and time. If the deadline to request a debriefing has expired, you may still request a debriefing. In this case, we will provide the debriefing as soon as practicable, and normally no later than fifteen (15) Business Days from the date of publication of the Contract Award Notice. |
DEADLINE:: The deadline for submitting a Procurement-related Complaint challenging the decision to award the contract expires on midnight, [insert date] (local time). Provide the contract name, reference number, name of the Bidder, contact details; and address the Procurement-related Complaint as follows: Attention: [insert full name of person, if applicable] Title/position: [insert title/position] Agency: [insert name of Employer] Email address: [insert email address] Fax number: [insert fax number] delete if not used At this point in the procurement process, you may submit a Procurement-related Complaint challenging the decision to award the contract. You do not need to have requested, or received, a debriefing before making this complaint. Your complaint must be submitted within the Standstill Period and received by us before the Standstill Period ends. Further information: For more information see the Procurement Regulations for IPF Borrowers (Procurement Regulations) (Annex III). You should read these provisions before preparing and submitting your complaint. In addition, the World Bank’s Guidance “How to make a Procurement-related Complaint” provides a useful explanation of the process, as well as a sample letter of complaint. In summary, there are four essential requirements:
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DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local time). The Standstill Period lasts ten (10) Business Days after the date of transmission of this Notification of Intention to Award. The Standstill Period may be extended. This may happen where we are unable to provide a debriefing within the five (5) Business Day deadline. If this happens we will notify you of the extension |
If you have any questions regarding this Notification please do not hesitate to contact us.
On behalf of the Employer:
Signature: ______________________________________________
Name: ______________________________________________
Title/position: ______________________________________________
Telephone: ______________________________________________
Email: ______________________________________________
INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE FORM
This Beneficial Ownership Disclosure Form (“Form”) is to be completed by the successful Bidder. In case of joint venture, the Bidder must submit a separate Form for each member. The beneficial ownership information to be submitted in this Form shall be current as of the date of its submission.
For the purposes of this Form, a Beneficial Owner of a Bidder is any natural person who ultimately owns or controls the Bidder by meeting one or more of the following conditions:
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Beneficial Ownership Disclosure Form
RFB No.: [insert number of RFB process]
Request for Bid No.: [insert identification]
To: [insert complete name of Employer]
In response to your request in the Letter of Acceptance dated [insert date of letter of Acceptance] to furnish additional information on beneficial ownership: [select one option as applicable and delete the options that are not applicable]
(i) we hereby provide the following beneficial ownership information.
Details of beneficial ownership
Identity of Beneficial Owner
| Directly or indirectly holding 25% or more of the shares (Yes / No)
| Directly or indirectly holding 25 % or more of the Voting Rights (Yes / No)
| Directly or indirectly having the right to appoint a majority of the board of the directors or an equivalent governing body of the Bidder (Yes / No) |
[include full name (last, middle, first), nationality, country of residence] |
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|
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OR
(ii) We declare that there is no Beneficial Owner meeting one or more of the following conditions:
OR
(iii) We declare that we are unable to identify any Beneficial Owner meeting one or more of the following conditions. [If this option is selected, the Bidder shall provide explanation on why it is unable to identify any Beneficial Owner]
Name of the Bidder: *[insert complete name of the Bidder]_________
Name of the person duly authorized to sign the Bid on behalf of the Bidder: **[insert complete name of person duly authorized to sign the Bid]___________
Title of the person signing the Bid: [insert complete title of the person signing the Bid]______
Signature of the person named above: [insert signature of person whose name and capacity are shown above]_____
Date signed [insert date of signing] day of [insert month], [insert year]_____
* In the case of the Bid submitted by a Joint Venture specify the name of the Joint Venture as Bidder. In the event that the Bidder is a joint venture, each reference to “Bidder” in the Beneficial Ownership Disclosure Form (including this Introduction thereto) shall be read to refer to the joint venture member.
** Person signing the Bid shall have the power of attorney given by the Bidder. The power of attorney shall be attached with the Bid Schedules.
Letter of Acceptance
______________________
To: ____________________________
This is to notify you that your Bid dated ____________ for execution of the _________________ for the Contract Price in the aggregate of _____________________ ________________, as corrected and modified in accordance with the Instructions to Bidders is hereby accepted by our Agency.
You are requested to furnish (i) the Performance Security within 28 days in accordance with the Conditions of Contract, using for that purpose one of the Performance Security Forms and (ii) the additional information on beneficial ownership in accordance with ITB 46.1, within eight (8) Business days using the Beneficial Ownership Disclosure Form, included in Section X, - Contract Forms, of the bidding document.
Authorized Signature:
Name and Title of Signatory:
Name of Agency:
Attachment: Contract Agreement
Contract Agreement |
THIS AGREEMENT is made the ________ day of ________________________, _____,
BETWEEN
(1)Eswatini Electricity Company a corporation incorporated under the laws of the kingdom of Eswatini and having its principal place of business at Eluvatsini house, Mhlambanyatsi Road Mbabane, Eswatini (hereinafter called “the Employer”), and (2) ______________________, a corporation incorporated under the laws of ________________________ and having its principal place of business at ________________________ (hereinafter called “the Contractor”).
WHEREAS the Employer desires to engage the Contractor to design, manufacture, test, deliver, install, complete and commission certain Facilities, viz. Design Supply and Installation of 11kV auto reclosers under the Accelerating Sustainable and Clean Energy Access Transformation (ASCENT) Project (“the Facilities”), and the Contractor has agreed to such engagement upon and subject to the terms and conditions hereinafter appearing.
NOW IT IS HEREBY AGREED as follows:
Article 1. Contract Documents | 1.1 Contract Documents (Reference GCC Clause 2) The following documents shall constitute the Contract between the Employer and the Contractor, and each shall be read and construed as an integral part of the Contract: (a) This Contract Agreement and the Appendices hereto (b) Letter of Bid and Price Schedules submitted by the Contractor (c) Particular Conditions (d) General Conditions (e) Specification (f) Drawings (g) Other completed Bidding forms submitted with the Bid (h) Any other documents forming part of the Employer’s Requirements (i) Any other documents forming part of the contract, including, but not limited to:
1.2 Order of Precedence (Reference GCC Clause 2) In the event of any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the order in which the Contract Documents are listed in Article 1.1 (Contract Documents) above. 1.3 Definitions (Reference GCC Clause 1) Capitalized words and phrases used herein shall have the same meanings as are ascribed to them in the General Conditions. |
Article 2. Contract Price and Terms of Payment | 2.1 Contract Price (Reference GCC Clause 11) The Employer hereby agrees to pay to the Contractor the Contract Price in consideration of the performance by the Contractor of its obligations hereunder. The Contract Price shall be the aggregate of: __________________, _______________ as specified in Price Schedule No. 5 (Grand Summary), and_______________, _________________, or such other sums as may be determined in accordance with the terms and conditions of the Contract. 2.2 Terms of Payment (Reference GCC Clause 12) The terms and procedures of payment according to which the Employer will reimburse the Contractor are given in the Appendix (Terms and Procedures of Payment) hereto. The Employer will not instruct its bank to issue an irrevocable confirmed documentary credit made available to the Contractor in a bank in the country of the Contractor. The credit shall be for an amount of $0.00 and shall be subject to the Uniform Customs and Practice for Documentary Credits 2007 Revision, ICC Publication No. 600. In the event that the amount payable under Schedule No. 1 is adjusted in accordance with GCC 11.2 or with any of the other terms of the Contract, the Employer shall arrange for the documentary credit to be amended accordingly.
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Article 3. Effective Date | 3.1 Effective Date (Reference GCC Clause 1) The Effective Date from which the Time for Completion of the Facilities shall be counted is the date when all of the following conditions have been fulfilled: (a) This Contract Agreement has been duly executed for and on behalf of the Employer and the Contractor; (b) The Contractor has submitted to the Employer the Performance Security and the advance payment guarantee; (c) The Employer has paid the Contractor the advance payment; (f) Individual Letters from key personnel confirming availability Each party shall use its best efforts to fulfill the above conditions for which it is responsible as soon as practicable. 3.2 If the conditions listed under 3.1 are not fulfilled within two (2) months from the date of this Contract notification because of reasons not attributable to the Contractor, the Parties shall discuss and agree on an equitable adjustment to the Contract Price and the Time for Completion and/or other relevant conditions of the Contract. |
Article 4. Communications | 4.1 The address of the Employer for notice purposes, pursuant to GCC 4.1 is: ______________________.
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Article 5. Appendices | 5.1 The Appendices listed in the attached List of Appendices shall be deemed to form an integral part of this Contract Agreement.
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IN WITNESS WHEREOF the Employer and the Contractor have caused this Agreement to be duly executed by their duly authorized representatives the day and year first above written.
Signed by, for and on behalf of the Employer
[Signature]
[Title]
in the presence of
Signed by, for and on behalf of the Contractor
[Signature]
[Title]
in the presence of
APPENDICES
Appendix 1 Terms and Procedures of Payment
Appendix 2 Price Adjustment
Appendix 3 Insurance Requirements
Appendix 4 Time Schedule
Appendix 5 List of Major Items of Plant and Installation Services and List of Approved Subcontractors
Appendix 6 Scope of Works and Supply by the Employer
Appendix 7 List of Documents for Approval or Review
Appendix 8 Functional Guarantees
Appendix 1. Terms and Procedures of Payment
In accordance with the provisions of GCC Clause 12 (Terms of Payment), the Employer shall pay the Contractor in the following manner and at the following times, on the basis of the Price Breakdown given in the section on Price Schedules. Payments will be made in the currencies quoted by the Bidder unless otherwise agreed between the Parties. Applications for payment in respect of part deliveries may be made by the Contractor as work proceeds.
TERMS OF PAYMENT
Schedule No. 1. Plant and Equipment Supplied from Abroad
In respect of plant and equipment supplied from abroad, the following payments shall be made:
Ten percent (10%) of the total CIP amount as an advance payment against receipt of invoice and an irrevocable advance payment security for the equivalent amount made out in favor of the Employer. The advance payment security may be reduced in proportion to the value of the plant and equipment delivered to the site, as evidenced by shipping and delivery documents.
Eighty percent (80%) of the total or pro rata CIP amount upon Incoterm “CIP”, upon delivery to the site within forty-five (45) days after receipt of documents.
Five percent (5%) of the total or pro rata CIP amount upon issue of the Completion Certificate, within forty-five (45) days after receipt of invoice.
Five percent (5%) of the total or pro rata CIP amount upon issue of the Operational Acceptance Certificate, within forty-five (45) days after receipt of invoice.
Schedule No. 2. Plant and Equipment Supplied from within the Employer’s Country
In respect of plant and equipment supplied from within the Employer’s Country, the following payments shall be made:
Ten percent (10%) of the total EXW amount as an advance payment against receipt of invoice, and an irrevocable advance payment security for the equivalent amount made out in favor of the Employer. The advance payment security may be reduced in proportion to the value of the plant and equipment delivered to the site, as evidenced by shipping and delivery documents.
Eighty percent (80%) of the total or pro rata EXW amount upon Incoterm “Ex-Works,” upon delivery to the site within forty-five (45) days after receipt of invoice and documents.
Five percent (5%) of the total or pro rata EXW amount upon issue of the Completion Certificate, within forty-five (45) days after receipt of invoice.
Five percent (5%) of the total or pro rata EXW amount upon issue of the Operational Acceptance Certificate, within forty-five (45) days after receipt of invoice.
Schedule No. 3. Design Services
In respect of design services for both the foreign currency and the local currency portions, the following payments shall be made:
Ten percent (10%) of the total design services amount as an advance payment against receipt of invoice, and an irrevocable advance payment security for the equivalent amount made out in favor of the Employer.
Ninety percent (90%) of the total or pro rata design services amount upon acceptance of design in accordance with GCC Clause 20 by the Project Manager within forty-five (45) days after receipt of invoice.
Schedule No. 4. Installation Services
In respect of installation services for both the foreign and local currency portions, the following payments shall be made:
Ten percent (10%) of the total installation services amount as an advance payment against receipt of invoice, and an irrevocable advance payment security for the equivalent amount made out in favor of the Employer. The advance payment security may be reduced in proportion to the value of work performed by the Contractor as evidenced by the invoices for installation services.
Eighty percent (80%) of the measured value of work performed by the Contractor, as identified in the said Program of Performance, during the preceding month, as evidenced by the Employer’s authorization of the Contractor’s application, will be made monthly within forty-five (45) days after receipt of invoice.
Five percent (5%) of the total or pro rata value of installation services performed by the Contractor as evidenced by the Employer’s authorization of the Contractor’s monthly applications, upon issue of the Completion Certificate, within forty-five (45) days after receipt of invoice.
Five percent (5%) of the total or pro rata value of installation services performed by the Contractor as evidenced by the Employer’s authorization of the Contractor’s monthly applications, upon issue of the Operational Acceptance Certificate, within forty-five (45) days after receipt of invoice.
In the event that the Employer fails to make any payment on its respective due date, the Employer shall pay to the Contractor interest on the amount of such delayed payment at the rate of for local currency/CMA (lending Rate at Central Bank of Eswatini plus 1%) ÷12 and “for USD, the (Secured Overnight Financing Rate (SOFR) plus 1%) ÷12 ; for Euro,( EURIBOR plus 1%) ÷12; per month for period of delay until payment has been made in full.
PAYMENT PROCEDURES
The procedures to be followed in applying for certification and making payments shall be as follows:
The Contractor should submit invoice outlining the pay items covering the pro rata value of Supply/Work Done along with the submission of the following documents to the Project Manager:
Appendix 2. Price Adjustment (Not Applicable)
The prices are to remain firm and fixed for the duration of the Contract.
Appendix 3. Insurance Requirements
Insurances to be Taken Out by the Contractor
In accordance with the provisions of GCC Clause 34, the Contractor shall at its expense take out and maintain in effect, or cause to be taken out and maintained in effect, during the performance of the Contract, the insurances set forth below in the sums and with the deductibles and other conditions specified. The identity of the insurers and the form of the policies shall be subject to the approval of the Employer, such approval not to be unreasonably withheld.
(a) Cargo Insurance
Covering loss or damage occurring, while in transit from the supplier’s or manufacturer’s works or stores until arrival at the Site, to the Facilities (including spare parts therefor) and to the construction equipment to be provided by the Contractor or its Subcontractors.
Amount | Deductible limits | Parties Insured | From | To |
110% of the Contract Price | NIL | Employer, Contractor | Manufacturer’s Works | Site |
(b) Installation All Risks Insurance
Covering physical loss or damage to the Facilities at the Site, occurring prior to completion of the Facilities, with an extended maintenance coverage for the Contractor’s liability in respect of any loss or damage occurring during the defect liability period while the Contractor is on the Site for the purpose of performing its obligations during the defect liability period.
Amount | Deductible limits | Parties Insured | From | To |
110% of the Contract Price | NIL | Employer, Contractor, and Subcontractor (if any) | Receipt of site | Up to Defect Liability Period |
(c) Third Party Liability Insurance
Covering bodily injury or death suffered by third parties (including the Employer’s personnel) and loss of or damage to property (including the Employer’s property and any parts of the Facilities that have been accepted by the Employer) occurring in connection with the supply and installation of the Facilities.
Amount | Deductible limits | Parties Insured | From | To |
USD 100,000 per person per occasion | NIL | Employer, Contractor, and Subcontractor (if any) | Commencement of work | Up to Defect Liability Period |
USD 10,000 | NIL | Third party personnel | Commencement of work | Up to Defect Liability Period |
USD 50,000 | NIL | Employer’s Property | Commencement of work | Up to Defect Liability Period |
(d) Automobile Liability Insurance
Covering use of all vehicles used by the Contractor or its Subcontractors (whether or not owned by them) in connection with the supply and installation of the Facilities. Comprehensive insurance in accordance with statutory requirements.
(e) Workers’ Compensation
In accordance with the statutory requirements applicable in any country where the Facilities or any part thereof is executed.
(f) Employer’s Liability
In accordance with the statutory requirements applicable in any country where the Facilities or any part thereof is executed.
(g) Other Insurances
The Contractor is also required to take out and maintain at its own cost the following insurances:
Amount | Deductible limits | Parties Insured | From | To |
To be indicated by the Contractor | NIL | Contractor, and Subcontractor (if any) | Receipt of site | Up to Defect Liability Period |
The Employer shall be named as co-insured under all insurance policies taken out by the Contractor pursuant to GCC Sub-Clause 34.1, except for the Third Party Liability, Workers’ Compensation and Employer’s Liability Insurances, and the Contractor’s Subcontractors shall be named as co-insureds under all insurance policies taken out by the Contractor pursuant to GCC Sub-Clause 34.1, except for the Cargo, Workers’ Compensation and Employer’s Liability Insurances. All insurer’s rights of subrogation against such co-insureds for losses or claims arising out of the performance of the Contract shall be waived under such policies.
Insurances To Be Taken Out By The Employer
The Employer shall at its expense take out and maintain in effect during the performance of the Contract the following insurances.
Details:
NIL
Appendix 4. Time Schedule
4.1 Description of Facilities:
Name of Facilities | Completion Time required by the Employer from the Effective Date | Completion date guaranteed by the Bidder from the effective date |
Design, Supply and installation of 11kV auto-reclosers
|
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 |
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|
|
|
|
|
|
|
Appendix 6. Scope of Works and Supply by the Employer
The following personnel, facilities, works and supplies will be provided/supplied by the Employer, and the provisions of GCC Clauses 10, 21 and 24 shall apply as appropriate. All personnel, facilities, works and supplies will be provided by the Employer in good time so as not to delay the performance of the Contractor, in accordance with the approved Time Schedule and Program of Performance pursuant to GCC Sub-Clause 18.2.
Unless otherwise indicated, all personnel, facilities, works and supplies will be provided free of charge to the Contractor.
Personnel | Charge to Contractor (if any) |
| None |
Facilities | Charge to Contractor (if any) |
None | None |
Works | Charge to Contractor (if any) |
| None |
Supplies | Charge to Contractor (if any) |
| None |
Appendix 7. List of Documents for Approval or Review
Pursuant to GCC Sub-Clause 20.3.1, the Contractor shall prepare, or cause its Subcontractor to prepare, and present to the Project Manager in accordance with the requirements of GCC Sub-Clause 18.2 (Program of Performance), the following documents for
A. Approval
B. Review
Appendix 8. Functional Guarantees
1. General
This Appendix sets out
(a) the functional guarantees referred to in GCC Clause 28 (Functional Guarantees)
(b) the preconditions to the validity of the functional guarantees, either in production and/or consumption, set forth below
(c) the minimum level of the functional guarantees
(d) the formula for calculation of liquidated damages for failure to attain the functional guarantees.
2. Preconditions
The Contractor gives the functional guarantees (specified herein) for the facilities, subject to the following preconditions being fully satisfied:
____________________________________________________________________________________
3. Functional Guarantees
Subject to compliance with the foregoing preconditions, the Contractor guarantees as follows:
3.1 Production Capacity
_____________________________________________________________________________
and/or
3.2 Raw Materials and Utilities Consumption
____________________________________________________________________________
4. Failure in Guarantees and Liquidated Damages
4.1 Failure to Attain Guaranteed Production Capacity
If the production capacity of the facilities attained in the guarantee test, pursuant to GCC Sub-Clause 25.2, is less than the guaranteed figure specified in para. 3.1 above, but the actual production capacity attained in the guarantee test is not less than the minimum level specified in para. 4.3 below, and the Contractor elects to pay liquidated damages to the Employer in lieu of making changes, modifications and/or additions to the Facilities, pursuant to GCC Sub-Clause 28.3, then the Contractor shall pay liquidated damages at the rate of ___________________ for every complete one percent (1%) of the deficiency in the production capacity of the Facilities, or at a proportionately reduced rate for any deficiency, or part thereof, of less than a complete one percent (1%).
4.2 Raw Materials and Utilities Consumption in Excess of Guaranteed Level
__________________________________________________________________
If the actual measured figure of specified raw materials and utilities consumed per unit (or their average total cost of consumption) exceeds the guaranteed figure specified in para. 3.2 above (or their specified average total cost of consumption), but the actual consumption attained in the guarantee test, pursuant to GCC Sub-Clause 25.2, is not more than the maximum level specified in para. 4.3 below, and the Contractor elects to pay liquidated damages to the Employer in lieu of making changes, modifications and/or additions to the Facilities pursuant to GCC Sub-Clause 28.3, then the Contractor shall pay liquidated damages at the rate of [amount in the contract currency] for every complete one percent (1%) of the excess consumption of the Facilities, or part thereof, of less than a complete one percent (1%).
4.3 Minimum Levels
Notwithstanding the provisions of this paragraph, if as a result of the guarantee test(s), the following minimum levels of performance guarantees (and consumption guarantees) are not attained by the Contractor, the Contractor shall at its own cost make good any deficiencies until the Facilities reach any of such minimum performance levels, pursuant to GCC Sub-Clause 28.2:
(a) production capacity of the Facilities attained in the guarantee test: ninety-five percent (95%) of the guaranteed production capacity (the values offered by the Contractor in its Bid for functional guarantees represents 100%).
and/or
(b) average total cost of consumption of all the raw materials and utilities of the Facilities: one hundred and five percent (105%) of the guaranteed figures (the figures offered by the Contractor in its Bid for functional guarantees represents 100%).
4.4 Limitation of Liability
Subject to para. 4.3 above, the Contractor’s aggregate liability to pay liquidated damages for failure to attain the functional guarantees shall not exceed ______ percent ( ___ %) of the Contract price.
Performance Security Form– Bank Guarantee[18]
[Guarantor letterhead or SWIFT identifier code]
Beneficiary: [insert name and Address of Employer]
Date: _ [Insert date of issue]
PERFORMANCE GUARANTEE No.: ____[Insert guarantee reference number]
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]
We have been informed that ____________________ (hereinafter called “the Applicant”) has entered into Contract No. ________________dated ____________ with the Beneficiary, for the execution of ____________________________ (hereinafter called “the Contract”).
Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is required.
At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of _________________(___)[19],such sum being payable in the types and proportions of currencies in which the Contract Price is payable, upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s statement, whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating that the Applicant is in breach of its obligation(s) under the Contract, without the Beneficiary needing to prove or to show grounds for your demand or the sum specified therein.
This guarantee shall be reduced by half upon our receipt of:
(a) a copy of the Operational Acceptance Certificate; or
(b) a registered letter from the Applicant (i) attaching a copy of its notice requesting issuance of the Operational Acceptance Certificate and (ii) stating that the Project Manager has failed to issue such Certificate within the time required or provide in writing justifiable reasons why such Certificate has not been issued, so that Operational Acceptance is deemed to have occurred.
This guarantee shall expire no later than the earlier of:[20]
(a) twelve months after our receipt of either (a) or (b) above; or
(b) eighteen months after our receipt of:
(i) a copy of the Completion Certificate; or
(ii) a registered letter from the Applicant, attaching a copy of the notice to the Project Manager that the Facilities are ready for commissioning, and stating that fourteen days have elapsed from receipt of such notice (or seven days have elapsed if the notice was a repeated notice) and the Project Manager has failed to issue a Completion Certificate or inform the Applicant in writing of any defects or deficiencies; or
(iii) a registered letter from the Applicant stating that no Completion Certificate has been issued but the Employer is making use of the Facilities; or
(c) the ____ day of _____, 2___.[21]
Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a) is hereby excluded.
_____________________
[signature(s)]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final product.
Performance Security Form- Conditional Bank Guarantee
Date:
Loan/Credit No:
RFB No:
To: ___________________________________
Dear Ladies and/or Gentlemen,
We refer to the Contract Agreement (“the Contract”) signed on [date] between you and ____________________________ (“the Contractor”) concerning design, execution and completion of ____________________________.
By this letter we, the undersigned, [name of Bank], a Bank (or company) organized under the laws of _________________ and having its registered/principal office at _________________, do hereby jointly and severally with the Contractor irrevocably guarantee payment owed to you by the Contractor, pursuant to the Contract, up to the sum of ___________, equivalent to _______________ percent (%) of the Contract Price until the date of the Operational Acceptance Certificate and thereafter up to a sum of ____________, equivalent to__________ percent (%) of the Contract Price, until twelve (12) months after the date of Operational Acceptance, or eighteen (18) months after Completion of the Facilities, whichever comes first.
Where it is agreed between you and the Contractor that the Facilities are to be accepted in parts, and thus where there are separate Completion and Operational Acceptance Certificates for each part, this Letter of Guarantee shall be apportioned to the value of each such part and shall reduce or expire as provided above on or following Completion or Operational Acceptance of each part.
We shall only undertake to make payment under this Letter of Guarantee upon our receipt of a written demand signed by your duly authorized officer for a specified sum, where such demand sets out the reasons for your claim under this Letter of Guarantee and is accompanied by
(a) a copy of the written notice sent by you to the Contractor before making the claim under this Guarantee, specifying the Contractor’s breach of contract and requesting the Contractor to remedy it
(b) a letter signed by your duly authorized officer certifying that the Contractor has failed to remedy the default within the period allowed for remedial action
(c) a copy of your written notice to the Contractor stating your intent to claim under this Letter of Guarantee because of the Contractor’s failure to remedy the default in accordance with the request referred to in para. (a) above.
Our liability under this Letter of Guarantee shall be to pay to you whichever is the lesser of the sum so requested or the amount then guaranteed hereunder in respect of any demand duly made hereunder prior to expiry of this Letter of Guarantee, without being entitled to inquire whether or not this payment is lawfully demanded.
This Letter of Guarantee shall be valid from the date of issue until the earlier of twelve (12) months after the date of Operational Acceptance or eighteen (18) months after the date of Completion of the Facilities or, where the Facilities are to be accepted in parts, twelve (12) months after the date of Operational Acceptance or eighteen (18) months after the date of Completion of the last part or [date], whichever comes first.
Except for the documents herein specified, no other documents or other action shall be required, notwithstanding any applicable law or regulation.
If the Defect Liability Period is extended with respect to any part of the Facilities in accordance with the Contract, you shall notify us, and the validity of this Letter of Guarantee shall be extended with respect to the percentage of the Contract Price stipulated in the notification until expiry of such extended Defect Liability Period.
Our liability under this Letter of Guarantee shall become null and void immediately upon its expiry, whether it is returned or not, and no claim may be made hereunder after such expiry or after the aggregate of the sums paid by us to you shall equal the sums guaranteed hereunder, whichever is the earlier.
All notices to be given hereunder shall be given by registered (airmail) post to the addressee at the address herein set out or as otherwise advised by and between the parties hereto.
We hereby agree that any part of the Contract may be amended, renewed, extended, modified, compromised, released or discharged by mutual agreement between you and the Contractor, and this security may be exchanged or surrendered without in any way impairing or affecting our liabilities hereunder without notice to us and without the necessity for any additional endorsement, consent or guarantee by us, provided, however, that the sum guaranteed shall not be increased or decreased.
No action, event or condition which by any applicable law should operate to discharge us from liability hereunder shall have any effect and we hereby waive any right we may have to apply such law, so that in all respects our liability hereunder shall be irrevocable and, except as stated herein, unconditional in all respects.
Yours truly,
Authorized Signature
Advance Payment Security
Demand Guarantee
[Guarantor letterhead or SWIFT identifier code]
Beneficiary: ........................................................ Name and Address of Employer .....................................................
Date:[Insert date of issue].....................................................................................................................................................
Advance Payment Guarantee No.:[Insert guarantee reference number]
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]
............................................................................................................................................................................................................................
We have been informed that . . . . .. . . . . (hereinafter called “the Applicant”) has entered into Contract No. . . . . .. . . . . dated . . . . . . ..with the Beneficiary, for the execution of, . . . . . .. . . . . (hereinafter called “the Contract”).
Furthermore, we understand that, according to the Conditions of the Contract, an advance payment in the sum . . . . .. . . . . . (. . . . .. . . . . ) is to be made against an advance payment guarantee.
At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of .
(. . . . .. . . . . ) [22] upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s statement whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating either that the applicant:
A demand under this guarantee may be presented as from the presentation to the Guarantor of a certificate from the Beneficiary’s bank stating that the advance payment referred to above has been credited to the Applicant on its account number ___________ at _________________..
The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the Applicant as indicated in copies of interim statements or payment certificates which shall be presented to us. This guarantee shall expire, at the latest, upon our receipt of documentation indicating full repayment by the Applicant of the amount of the advance payment, or on the . . . day of . . . . . . . , . . . . .[23], whichever is earlier. Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a) is hereby excluded.
____________________ [signature(s)]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final product.
[1] Nonperformance, as decided by the Employer, shall include all contracts where (a) nonperformance was not challenged by the contractor, including through referral to the dispute resolution mechanism under the respective contract, and (b) contracts that were so challenged but fully settled against the contractor. Nonperformance shall not include contracts where Employers decision was overruled by the dispute resolution mechanism. Nonperformance must be based on all information on fully settled disputes or litigation, i.e., dispute or litigation that has been resolved in accordance with the dispute resolution mechanism under the respective contract and where all appeal instances available to the Bidder have been exhausted.
[2] This requirement also applies to contracts executed by the Bidder as JV member.
[3] The Bidder shall provide accurate information on the related Letter of Bid about any litigation or arbitration resulting from contracts completed or ongoing under its execution over the last five years. A consistent history of awards against the Bidder or any member of a joint venture may result in failure of the Bid.
[4] The Employer may use this information to seek further information or clarifications in carrying out its due diligence.
[5] For contracts under which the Bidder participated as a joint venture member or sub-contractor, only the Bidder’s share, by value, shall be considered to meet this requirement
[6] Substantial completion shall be based on 80% or more Plant and installation completed under the contract.
[7] In the case of JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the minimum value of a single contract has been met. Instead, each contract performed by each member shall satisfy the minimum value of a single contract as required for single entity. In determining whether the JV meets the requirement of total number of contracts, only the number of contracts completed by all members each of value equal or more than the minimum value required shall be aggregated.
[8] In the case of JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the minimum value of a single contract has been met. Instead, each contract performed by each member shall satisfy the minimum value of a single contract as required for single entity. In determining whether the JV meets the requirement of total number of contracts, only the number of contracts completed by all members each of value equal or more than the minimum value required shall be aggregated.
[9] For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.
[10] A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider (different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.
[11] Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such activity includes but is not limited to: accessing and examining a firm's or individual's financial records and information, and making copies thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits; and obtaining third party verification of information.
[13] Costs shall be in the currencies of the Contract.
[14] Costs shall be in the currencies of the Contract.
2 Specify where necessary.
[15] For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.
[16] A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider (different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.
[17] Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such activity includes but is not limited to: accessing and examining a firm's or individual's financial records and information, and making copies thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits; and obtaining third party verification of information.
[18] The Employer should insert either the Bank Guarantee or the Conditional Guarantee.
[19] The Guarantor shall insert an amount representing the percentage of the Contract Price specified in the Contract and denominated either in the currency(ies) of the Contract or a freely convertible currency acceptable to the Employer.
[20] This text shall be revised as and where necessary to take into account (i) partial acceptance of the Facilities in accordance with Sub-Clause 25.4 of the GCC; and (ii) extension of the Performance Security when the Contractor is liable for an extended warranty obligation pursuant to Sub-Clause 27.10 of the GCC (although in this latter case the Employer might want to consider an extended warranty security in lieu of the extension of the Performance Security).
[21] Insert the date twenty-eight days after the expected expiration date of the Defect Liability Period. The Employer should note that in the event of an extension of the time for completion of the Contract, the Employer would need to request an extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the Employer might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year], in response to the Employer’s written request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.”
[22]The Guarantor shall insert an amount representing the amount of the advance payment and denominated either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible currency acceptable to the Employer.
[23]Insert the expected expiration date of the Time for Completion. The Employer should note that in the event of an extension of the time for completion of the Contract, the Employer would need to request an extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the Employer might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year], in response to the Beneficiary’s written request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.”
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