REQUEST FOR EXPRESSIONS OF INTEREST - INDIVIDUAL CONSULTANT SELECTION
Name of Project | Fiji Energy Transformation Project (P518499) - Grant Facility for Project Preparation (GFPP) |
Loan No/Credit No/Grant Number | GFPP Grant No. TF0D0728 |
Assignment Title | International Environmental and Social (E&S) Specialist |
Procurement Plan Ref Number | FJ-EFL-567224-CS-INDV |
Reference No. | EOI-04/2026 |
Country of Delivery | Republic of Fiji |
The Republic of Fiji, acting through Energy Fiji Limited (EFL), has received financing from the World Bank toward the cost of preparing the Fiji Energy Transformation Project and intends to apply part of the proceeds for consulting services.
The consulting services ("the Services") comprise specialist environmental and social support to EFL's Project Preparation Unit. The Consultant will lead preparation of appraisal-stage environmental and social instruments, integrate requirements of the World Bank Environmental and Social Framework into technical and procurement outputs, support policy and regulatory reviews, and prepare a procurement-ready terms of reference for a separate assignment to develop and operationalize EFL's institutional Environmental and Social Management System.
The Services will cover:
• general environmental and social support to the Project Preparation Unit, including screening, risk-register management, ESCP inputs, coordination and practical capacity building;
• preparation of E&S scoping studies with critical-habitat screening, a site-specific ESMP for aging asset replacement, an RPF, negotiated land agreement due diligence, an integrated SEP, and LMP;
• preparation of a procurement-ready TOR for development and operationalization of EFL's institutional ESMS;
• environmental and social review of Electricity Act amendments, Rooftop Solar PV Policy, and private-sector renewable-energy participation;
• E&S inputs to the National control-centre upgrade, , aging power-infrastructure, grid-interconnection, hydropower and solar PV/BESS studies and concept designs; and
• monthly and quarterly reporting, disclosure support and an appraisal-stage E&S readiness summary.
Implementation period: The assignment is expected to be part-time for the full GFPP implementation period, estimated at [24 months], subject to satisfactory performance and availability of GFPP financing.
Terms of Reference: The detailed Terms of Reference are attached to this REOI as Appendix 1.
Energy Fiji Limited now invites eligible individual consultants ("Consultants") to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they possess the required qualifications and relevant experience.
The attention of interested Consultants is drawn to the applicable provisions of the World Bank Procurement Regulations for IPF Borrowers concerning conflict of interest.
EOI Evaluation Criteria
Criterion | Weight |
1. Relevant E&S assessment and management experience for infrastructure or energy projects | 25% |
2. Demonstrated application of the World Bank ESF or IFC Performance Standards and preparation of ESMP, land/resettlement, SEP/GRM and LMP instruments | 30% |
3. Experience in biodiversity and critical-habitat screening, ESS5 land due diligence, and ESS7 engagement and FPIC | 20% |
4. Relevant renewable-energy, grid infrastructure, hazardous-materials, Pacific or Fiji experience, including familiarity with iTaukei land tenure and governance | 15% |
5. Qualifications, writing, coordination, consultation and capacity-building capability | 10% |
Total | 100% |
Form and content of the Expression of Interest:
Expressions of interest should contain only the information necessary to assess the criteria above. Consultants should submit a curriculum vitae and a concise statement demonstrating relevant assignments and experience.
A financial proposal is not required at this stage.
The Consultant assessed as best qualified against the criteria will be invited to negotiate a contract in accordance with the applicable procurement arrangements.
Submission
Further information may be obtained by emailing tenders@efl.com.fj during office hours, 8:00 AM to 4:30 PM Fiji Time, Monday to Friday, no later than three clear days before the closing date.
Expressions of interest must be uploaded to the EFL e-Tender Portal (TenderLink) at https://www.tenderlink.com/efl by registering your company, by 4:00 PM (1600 hrs) Fiji Time on Wednesday, 30th September 2026.
EOI documents may be viewed and downloaded from www.efl.com.fj(opens in new window) or https://www.tenderlink.com/efl(opens in new window).
Submissions by email or facsimile will not be accepted. Hard-copy submissions to the tender box at EFL Head Office, Suva, will not be accepted.
Appendix 1 - Terms of Reference
TERMS OF REFERENCE
INTERNATIONAL ENVIRONMENTAL AND SOCIAL (E&S) SPECIALIST
Fiji Energy Transformation Project (P518499)
Grant Facility for Project Preparation (GFPP) - Energy Fiji Limited (EFL)
1. Introduction and Background
Energy Fiji Limited (EFL) is preparing the Fiji Energy Transformation Project (P518499), a World Bank-supported initiative estimated at USD 230 million. The project aims to accelerate renewable-energy development, modernize the power grid, rehabilitate aging infrastructure, and reform the power sector to attract private investment in solar energy. Key interventions span Viti Levu, Vanua Levu and Taveuni, including solar PV/BESS parks of more than 50 MW each, grid-evacuation infrastructure, transmission-line upgrades and modernization of existing power stations.
The Initial Environmental and Social Review Summary has classified the project's environmental and social risks as Substantial, reflecting biodiversity impacts, customary iTaukei land tenure, community health and safety, labor influx, SEA/SH risks, and supply-chain concerns associated with PV modules and battery energy storage systems.
EFL is establishing a Project Preparation Unit (PPU) to prepare the project for appraisal and Board approval. The E&S Specialist will lead preparation of required E&S instruments, integrate E&S requirements into technical and procurement outputs, and prepare the TOR for a separate capacity-building assignment to develop and operationalize EFL's institutional ESMS.
2. Objectives of the Assignment
The objective is to ensure that GFPP-financed preparation activities and the investments they support comply with the World Bank Environmental and Social Framework, the project Environmental and Social Commitment Plan, applicable Fiji law, and Good International Industry Practice.
3. Scope of Work
The Consultant will perform the following tasks, organized into five functional areas:
3.1 General E&S Support to the PPU
• Serve as the PPU's E&S focal point and advise the Project Manager and technical teams on application of the ESF.
• Screen preparation activities and concept designs, identify applicable standards and instruments, and maintain an E&S Risk Register with actions, responsibilities and status.
• Prepare ESCP inputs, TORs for specialized studies, and E&S requirements for technical specifications and bidding documents; oversee related consultant outputs.
• Provide practical ESF training and on-the-job support to the PPU and relevant EFL staff.
• Coordinate with the World Bank, relevant Fiji agencies, TLTB, technical consultants and EFL departments, and maintain records of key decisions and actions.
3.2 Preparation of E&S Instruments Required by Appraisal
This is the most critical function of the assignment. The E&S Specialist will prepare the following appraisal-stage instruments and related outputs:
a. E&S Scoping Studies with Critical Habitat Screening
• Lead scoping studies for solar PV/BESS parks on Vanua Levu and Taveuni, grid-evacuation infrastructure, and new or upgraded transmission lines.
• Conduct structured Critical Habitat screening under ESS6 using available biodiversity data, including IUCN Red List species, Fiji endemic avifauna information, and protected-area registries.
• Where critical habitat is identified or cannot be ruled out, prepare detailed assessments and, where necessary, a Biodiversity Management Plan with offset strategies, no-go zones and seasonal restrictions.
• Include baseline social surveys, land-tenure mapping, community presence, vulnerable-group identification, and climate-resilience considerations such as cyclone, flooding and sea-level-rise risks.
b. Environmental and Social Management Plan - Aging Asset Replacement
• Prepare a site-specific ESMP for rehabilitation and replacement of aging power infrastructure under Component 3, covering baseline conditions, construction and operational risks, hazardous materials including PCBs, asbestos and e-waste, mitigation, monitoring, emergency response, contractor requirements, responsibilities, schedules and costs.
c. Resettlement Policy Framework
• Prepare an RPF consistent with ESS5 covering legal and institutional arrangements and gap analysis; eligibility and cut-off dates; entitlements and replacement-cost valuation; livelihood restoration; procedures for site-specific plans; consultation and grievance arrangements; monitoring, responsibilities and budget provisions.
d. Negotiated Land Agreement Due Diligence Report
• Identify and document all project sites or corridors where land or access rights have been or may be secured through negotiated settlement or other voluntary arrangement, and verify consistency with ESS5 and Fiji law.
• Prepare an inventory of leases, easements, access and land-use agreements, donations, transfers and other consensual arrangements, recording parcels, rights-holders, status, duration, consideration, benefits and supporting evidence.
• Assess whether each arrangement is voluntary, transparent, informed and free from coercion; whether formal, informal, customary, secondary and shared rights-holders were identified and represented; and whether participants had sufficient information, time, advice and a genuine right to refuse.
• For customary land and resources, screen whether ESS7 and FPIC apply. Where required, document a culturally appropriate collective process through institutions selected by affected iTaukei communities, with participation of women, youth and potentially excluded rights-holders. Do not infer FPIC solely from approvals by TLTB, agencies or individual owners.
• Where applicable, confirm and document eligibility cut-off dates, culturally appropriate public notice, valuation and compensation or benefit methodology, replacement-cost consistency, implementation status, grievances and corrective actions.
• Conclude for each arrangement whether ESS5 criteria are demonstrated and identify any additional instrument, remedial action, responsible party and completion deadline required before access or civil works.
e. Integrated Stakeholder Engagement Plan
• Prepare a project-level SEP consistent with ESS10, including stakeholder analysis, differentiated engagement for disadvantaged or vulnerable groups, disclosure, responsibilities, schedule, monitoring and reporting.
• Include a culturally appropriate consultation plan for communities potentially affected by solar PV/BESS and associated infrastructure, covering languages, timing, representation, feedback, land arrangements, benefit sharing and any ESS7 FPIC process.
• Establish an accessible project grievance mechanism and a confidential, survivor-centered SEA/SH reporting and referral pathway.
f. Labor Management Procedures
• Prepare LMP consistent with ESS2 for direct, contracted, community and primary supply workers, including applicable law and gaps, terms and conditions, OHS, emergency preparedness, accommodation, labor influx, child and forced labor, PV/BESS supply-chain due diligence, codes of conduct, worker grievances, contractor obligations and training.
g. TOR for Development and Operationalization of EFL's ESMS
• Prepare a procurement-ready TOR and supporting inputs for a separate assignment to develop and operationalize EFL's institutional ESMS including potential staffing and structure to ensure the ESMS is properly resourced, strategically aligned, and embedded within EFL for lasting effectiveness.
• Define objectives, scope, methodology, deliverables, schedule, expertise, coordination, knowledge transfer and acceptance criteria. Cover policy and governance; screening; stakeholder, labor, land, biodiversity, pollution, community-safety, cultural-heritage, contractor and supply-chain management; incident response; monitoring; reporting; tools; templates; training; and a time-bound implementation plan.
• Consult relevant EFL departments. This assignment does not include development or implementation of the ESMS.
3.3 Policy and Regulatory Support
• Review proposed amendments to Fiji's Electricity Act from an E&S perspective, identify gaps with the World Bank ESF and international good practice, and recommend measures for the revised policy.
• Review the proposed Rooftop Solar PV Policy from an E&S perspective, including potential effects on consumers, community uptake and grid workers.
• Advise on E&S requirements for private-sector renewable-energy participation, including application of IFC Performance Standards and World Bank ESF requirements to PPP or private-investment components.
• Assess EFL's potential for an Environmental and Social Policy and support EFL's E&S team to derive and implement a practical policy.
3.4 E&S Inputs to Technical Studies and Infrastructure Components
• National Control Center Upgrade: identify E&S risks associated with civil works, OHS, asbestos and PCBs, and recommend mitigation for technical specifications.
• Modernization of Nabouwalu Government Station: conduct site-specific screening, identify community-proximity, worker-community and hazardous-material risks, and prepare an ESMP if required.
• Aging Infrastructure Rehabilitation: supplement the Component 3 ESMP with screening and, where feasible, inspection of all proposed sub-sites for hazardous materials, cultural heritage and social risks.
• Power Grid Interconnection, Vanua Levu-Taveuni: support feasibility and engineering studies with environmental and social routing-alternatives analysis and identification of a preferred route based on E&S criteria.
• Hydropower: prepare assessment TOR requirements covering direct, indirect, induced and cumulative life-cycle impacts across the relevant catchment, including flows, sediment, biodiversity, ecosystem services, water use, livelihoods, land, safety, cultural heritage, associated facilities, alternatives, mitigation, monitoring and adaptive management.
• Solar PV/BESS Parks: provide E&S inputs to concept designs for two parks of more than 50 MW each, including environmentally and socially informed site-selection criteria and ESF compliance review.
3.5 Monitoring, Reporting and Disclosure
• Submit monthly E&S progress reports covering instrument preparation, risk-register actions, engagement, grievances, emerging issues and preparation-phase ESCP commitments.
• Prepare quarterly stakeholder-engagement summaries.
• Coordinate disclosure through EFL and other required channels and make accessible copies available to affected communities.
• Prepare an appraisal-stage E&S readiness summary recording instrument status, review, disclosure, outstanding actions and post-appraisal timelines.
4. Methodology
• Desktop review of project, legal, technical and E&S documentation and available baseline data.
• Structured screening, site visits and physical inspections where feasible.
• Stakeholder consultations with EFL, government agencies, TLTB, affected communities, technical consultants and the World Bank.
• Application of the World Bank ESF, ESCP, applicable Fiji law, GIIP and the mitigation hierarchy.
• Iterative preparation, review and revision of instruments, with clear evidence trails, action tracking and quality assurance.
• Practical knowledge transfer and on-the-job support to EFL and PPU personnel.
5. Key Deliverables
Deliverable | Timeline |
E&S screening notes for all GFPP-financed activities (rolling) | Within 1 week of initiation of each activity |
E&S Risk Register, initial and updated quarterly | Within 1 month of mobilization, then quarterly |
Inputs to ESCP | As directed by World Bank task team |
E&S Scoping Studies with Critical Habitat Screening | By 15 December |
ESMP for Component 3, Aging Asset Replacement | By 15 December |
Resettlement Policy Framework | By 15 December |
Negotiated Land Agreement Due Diligence Report(s) | By 15 December |
Stakeholder Engagement Plan, including consultation plan, project GRM and SEA/SH pathway | By 15 December |
Labor Management Procedures | By 15 December |
Procurement-ready TOR and supporting inputs for EFL ESMS assignment | Within 3 months of mobilization and in time for procurement |
Advisory notes on Electricity Act amendments and Rooftop Solar PV Policy | As requested |
E&S inputs to bidding documents and technical specifications | As required by procurement schedule |
E&S technical input notes for infrastructure studies and components | According to relevant technical-study schedule |
Monthly E&S progress reports | Monthly |
Quarterly stakeholder-engagement summaries | Quarterly |
ESF capacity-building and on-the-job training program, materials and attendance records | Within 2 months of mobilization, then as required |
Disclosure record and consolidated Appraisal-Stage E&S Readiness Summary | Before appraisal, updated as required |
All deliverables shall be submitted in English, professionally edited, and formatted in accordance with any World Bank templates provided.
6. Reporting and Coordination
The E&S Specialist will report to the PPU Project Manager on a day-to-day basis. For technical E&S matters, the Specialist will coordinate closely with World Bank E&S Specialists and participate in World Bank supervision missions and project-preparation meetings.
The Specialist will also coordinate with:
• EFL's full-time Environmental Officer and Social Officer, once recruited;
• GFPP technical consultants in engineering, energy and finance;
• iTaukei Land Trust Board on land-tenure and customary-engagement matters;
• Department of Environment and other relevant Fiji government agencies; and
• external E&S consultants engaged for specialized studies.
7. Required Qualifications and Experience
7.1 Education
• University degree, at minimum Bachelor's level, in environmental science, social science, natural-resource management, engineering or a closely related field. A postgraduate qualification in environmental or social assessment is strongly preferred.
7.2 Professional Experience
• At least seven years of relevant experience in E&S assessment and management for infrastructure or energy projects.
• Demonstrated application of the World Bank ESF or IFC Performance Standards and preparation of ESMPs, land or resettlement instruments, SEPs/GRMs and LMPs.
• Experience in biodiversity and critical-habitat screening, ESS5 land and resettlement due diligence, and ESS7 engagement and FPIC.
• Experience with hazardous materials, renewable energy, grid infrastructure or power generation is desirable.
• Pacific or Fiji experience, including familiarity with iTaukei land tenure and governance, is strongly preferred.
• Strong writing, coordination, consultation and capacity-building skills in multicultural settings.
8. Duration and Location
• Duration: Part-time for the full GFPP implementation period, estimated at [24 months], subject to satisfactory performance and GFPP availability.
• Location: Remote-based, with regular travel to project sites on Vanua Levu, Taveuni and other islands as required for scoping, consultation and supervision.
"},{"id":"OP00468827","notice_type":"Request for Expression of Interest","noticedate":"16-Sep-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-29T00:00:00Z","submission_deadline_time":"04:00","project_ctry_name":"Fiji","project_id":"P515153","project_name":"Fiji Energy Transformation Project Preparation","bid_reference_no":"FJ-EFL-567207-CS-CQS","bid_description":"Prefeasibility study for selected solar sites, including E&S assessment and risk mitigation","procurement_group":"CS","procurement_method_code":"CQS","procurement_method_name":"Consultant Qualification Selection","contact_address":"2 Marlow Street\nSuva, Fiji","contact_ctry_name":"Fiji","contact_email":"bobbyc@efl.com.fj","contact_name":"Bobby Naimawi","contact_organization":"Energy Fiji Limited","contact_phone_no":"(679) 9992468","contact_web_url":"www.efl.com.fj","submission_date":"2026-09-16T00:00:00Z","notice_text":"EOI 01/2026 for Pre-Feasibility Study for Ground Mounted Solar PLANT with Battery Energy Storage System at TAVAKUBU in LAUTOKA, NASOLO in BA and YAQARA
REQUEST FOR EXPRESSIONS OF INTEREST – CONSULTANT’S QUALIFICATIONS BASED SELECTION (CQS)
Name of Project | Fiji Energy Transformation Project Preparation (P515153) |
Loan No/Credit No/Grant Number | GFPP Grant No. TF0D0728 |
Assignment Title | Pre-Feasibility Study for Ground-Mounted Solar PV Plants with Battery Energy Storage Systems at Tavakubu, Nasolo and Yaqara |
Procurement Plan Ref Number | FJ-EFL-567207-CS-CQS |
Reference No. | EOI-01/2026 |
Country of Delivery | Republic of Fiji |
The Republic of Fiji, acting through Energy Fiji Limited (EFL), has received financing from the World Bank toward the costs of the Fiji Energy Transformation Project Preparation (P515153), and intends to apply part of the proceeds for the following consulting services.
The consulting services ("the Services") comprise a pre-feasibility study for utility-scale ground-mounted solar photovoltaic (PV) plants with battery energy storage systems (BESS) at Tavakubu in Lautoka, Nasolo in Ba, and Yaqara. The assignment will assess site suitability, solar resources, grid readiness, technical configuration, economic viability, environmental and social risks, climate and disaster risks, and project implementation requirements. Following the study, the Technical Advisor will support EFL in preparing technical specifications for procurement of independent power producer arrangements.
The Services will cover:
Phase 1 site screening and project definition for all three sites, including demand growth and grid-readiness review, solar-resource and energy-yield assessment, indicative site layouts and single-line diagrams, access, topography, hydrology, climate and disaster risks, environmental and social red-flag screening, preliminary cost estimates, development timeframes, multicriteria ranking and recommendations.
Phase 2 project preparation for up to two sites selected by EFL, including cadastral, topographic and geotechnical investigations; solar-resource and shading assessment; PV and BESS configuration; energy-yield estimates; static and dynamic grid-impact studies; conceptual interconnection design; cost, revenue and financial sensitivity analysis; environmental and social assessment and management planning; approvals and permitting roadmap; and project development schedules.
Phase 3 technical support to IPP selection, including technical inputs for RFQ and RFP documents, prequalification and eligibility requirements, technical compliance and responsiveness criteria, and bid-evaluation criteria.
Preparation of an inception report, project definition report, separate pre-feasibility reports for selected sites, environmental and social outputs, presentations, model and data files, and procurement technical specifications.
Implementation period: the assignment is expected to be completed within six (6) months from contract execution and issue of the commencement notice.
Terms of Reference: The detailed Terms of Reference are attached to this REOI as Appendix 1 and may also be made available through EFL’s procurement portals.
Energy Fiji Limited 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 attention of interested Consultants is drawn to paragraphs 3.14, 3.16 and 3.17 of the World Bank’s Procurement Regulations for IPF Borrowers, latest applicable edition, setting forth the World Bank’s policy on conflict of interest.
EOI Evaluation Criteria
Criterion | Weight |
1. General experience of the firm in renewable-energy, power-system and infrastructure advisory assignments | 20% |
2. Relevant experience in pre-feasibility or feasibility studies and conceptual design for utility-scale solar PV projects incorporating BESS | 40% |
3. Relevant experience in island grids, grid integration, transmission interconnection, environmental and social safeguards, and climate/disaster risk assessment | 20% |
4. Relevant experience in preparing technical specifications, procurement strategies and/or bidding documents for solar PV, BESS or comparable power-sector investments | 20% |
Total | 100% |
Form and content of the Expression of Interest
Expressions of interest should not exceed 10 pages, excluding annexes, and should contain only the information necessary to assess the criteria set out above. Consultants are not required to submit technical proposals, methodologies, work plans, staffing schedules, CVs of experts, or financial proposals at this stage. In accordance with the Regulations, the qualifications and experience of Key Experts do not form part of this evaluation, and any such material submitted will not be evaluated.
Consultants may associate with other firms to enhance their qualifications but shall indicate clearly whether the association takes 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, and the lead member shall be identified.
The firm assessed as best qualified against the above criteria will be invited to submit a technical and financial proposal and to negotiate a contract in accordance with the applicable Procurement Regulations.
Submission
Further information can be obtained by emailing to tenders@efl.com.fj during office hours 8:00 AM to 4:30 PM (Fiji Time), Monday to Friday clear 3 days from the closing date of this EOI.
Expressions of interest must be uploaded to the EFL e-Tender Portal (TenderLink) at https://www.tenderlink.com/efl(opens in new window), by registering your company, by 4:00 PM (1600 hrs) Fiji Time on Wednesday 30th September 2026.
Tender documents may be viewed and downloaded from www.efl.com.fj(opens in new window) or https://www.tenderlink.com/efl(opens in new window).
Submissions by email or facsimile will not be accepted and will be deemed null and void. Hard copy submissions to the tender box at EFL Head Office, Suva, will not be accepted.
Appendix 1 – Terms of Reference
ENERGY FIJI LIMITED
Terms of reference
Pre-Feasibility Study for Ground Mounted Solar PLANT with Battery Energy Storage System at TAVAKUBU in LAUTOKA, NASOLO in BA and YAQARA
RFP Request for Proposals
TOR Terms of reference for the works
Tenderer The company or consortia that is providing a submission in response to this RFP document
EFL Energy Fiji Limited, 2 Marlow Street, Suva, Fiji
Works The Project, Assignment
PV Photo Voltaic
CBA Cost Benefit Analysis
BESS Battery Energy Storage system
WB World Bank
ESS Environment & Social Standards
AACEI Association for the Advancement of Cost Engineering International
IFC International Finance Corporation
Table of contents
1 Definitions. 2
2 Introduction and Background.. 5
2.1 About Energy Fiji Limited. 5
2.2 Project Background and Overview. 5
2.3 Objective of this Assignment 6
3 Scope of Work.. 6
3.1 Phase 1: Site Screening and Project Definition. 6
3.2 Phase 2: Project Preparation. 7
3.3 Phase 3: Procurement Specifications Support 8
4 Deliverables. 8
4.1 Inception Report 9
4.2 Project Definition Report 9
4.3 Pre-Feasibility Report, including Environmental and Social Outputs. 9
4.4 Procurement Technical Specifications. 9
5 Supervision and Reporting.. 9
6 Expertise and Qualification.. 9
6.1 Similar Project Experience. 9
6.2 Staff Qualification and Experience. 10
6.3 Other Qualification Areas. 11
6.3.1 Minimum Team-Level Qualifications. 11
6.3.2 FS-Critical Competencies. 11
6.3.3 Submission Requirements. 12
7 Payment Schedules and Terms. 12
8 Inputs and Facilities Provided by EFL. 12
Annexure A: Site LocationS. 13
Energy Fiji Limited (“EFL”) is a public company limited by shares that was established under the Companies Act (2015), Laws of Fiji. It is supervised by a Board of Directors comprising a Chairman and representatives of its shareholders. Its major shareholders include the Fijian Government and Sevens Pacific Pte. Limited.
The Executive Management team of EFL consists of the Chief Executive Officer, Deputy Chief Executive Officer, Chief Operating Officer, Chief Finance Officer, General Manager Human Resources, General Manager Generation, General Manager Network, General Manager Customer Services, General Manager System Planning and Control, General Manager Special Projects and Chief Information Officer.
EFL is primarily responsible for generation, transmission and distribution of electricity in Viti Levu, Vanua Levu, Ovalau and Taveuni in Fiji. It owns over twenty (20) power stations and twenty (20) substations and switching stations on the islands of Viti Levu, Vanua Levu, Taveuni and Ovalau. EFL owns, operates and maintains a network of 147km of 132kV transmission lines, 576km of 33kV lines and over 11,200km of 11kV and 415V distribution lines, as at 31st December 2025. It also has over 227,000 customer accounts as at 31st December 2025, made up of domestic, institutional, commercial and industrial customers.
EFL has embarked upon an ambitious program of development in order to fulfil its strategic objectives. These include development of new generating and power system projects as well as improving reliability and capacity-building for future load growth. EFL plans to increase the generation capacity of Fiji in order to meet continuing demand growth and intends that this additional capacity will be provided by renewable or at least non-polluting resources.
Fiji utilizes a diverse array of energy sources, including hydro, diesel, wood, and petroleum products, to fulfill its energy needs. EFL is the primary provider of grid-based power to approximately 90% of the population on the main islands of Viti Levu, Vanua Levu, Taveuni and Ovalau. EFL aims to supply at least 90% of its energy requirements through renewable sources by 2035. Having a dependable and high-quality supply of electricity is crucial for driving economic growth. Lack of access to electricity not only diminishes the quality of life but also deprives people from essential services like healthcare, agriculture, education etc.
EFL is undertaking the development of a utility-scale ground-mounted solar PV power at the identified sites in Viti Levu. This study aims to delve into the key components of a pre-feasibility study for ground mounted solar PV project with BESS at these sites, focusing on technical and economic analyses. Additionally, it will assess other essential considerations such as environmental, and social aspects in alignment with the IFC Performance Standards, emphasizing their importance for the success and long-term sustainability of the project. Upon completion of the pre-feasibility study, the Technical Advisor is required to assist in preparation of procurement documentation by preparing technical specifications that will be used by EFL for preparing the procurement documentation to select an independent power producer (IPP). The project may subsequently be prepared to be developed through public-private partnership.
This project supports Fiji’s National Development Plan target of achieving 100% grid-connected renewable electricity generation by 2035 and EFL’s corporate goal of sourcing more than 90% of its energy from renewable sources by 2035. The installation will enhance grid stability, reduce reliance on fossil fuels, and contribute to sustainable economic growth.
The objective of this solar feasibility study is to determine the practicality and economic viability of installing solar photovoltaic system with battery energy storage system at the proposed sites by evaluating solar resources, technical requirements, financial performance, environmental benefits, and potential risks, and to provide recommendations for project implementation.
EFL has identified three (3) sites which they intend to develop for solar PV power plant with BESS. Annexure A shows these three sites, and these are legally described as follows:
Lease or Title Document Reference | Legal description of Land. | Area (Indicative, subject to survey) |
LD4/1/40687 | Nasolo - Ba | 101 Acres |
SO5189 and SO5188 | Veniu Subdivision - Yaqara | 600 Acres |
TLC – Tokatoka Navitua | Lot 38 -Tavakubu | 200 Acres (out of 600 acres under existing lease) |
EFL would like to procure the services of a Technical Advisor which will be the firm with a qualified team of multi-disciplinary experts comprising international and national consultants for the provision of the scope of work enumerated below. The Technical Advisor will work closely with and directly support EFL for the Project.
The Technical Advisor shall carry out the work as per the scope mentioned in this section. For carrying out this project, the Technical Advisor shall draw a detailed action plan which need to be presented during the project inception meeting to be held with EFL.
The feasibility shall be completed in Six (6) months from the execution of Contract and issue of commencement notice.
The scope of work will be follows as a minimum, but not limited to:
The Technical Advisor shall conduct initial site assessment to screen the gross area of the three sites based on secondary data available, information collected from stakeholders, data analysis (as required for GIS-based assessment of the sites using satellite imagery available):
Based on the results of Phase 1, EFL will select sites for further development. If there are no sites are deemed viable, the consultancy assignment will not continue.
For the selected sites, the Technical Advisor shall prepare a comprehensive feasibility study covering the ground mounted solar plant, BESS, transmission interconnection and transmission line as outlined above. It will consist among others engineering, financial, social and environmental due-diligence adhering to the World Banks ESS Standards and analysis of proposed site and develop an optimal solution.
The feasibility study report should cover all requirements identified by EFL and mentioned in any relevant laws and regulations as applicable to energy projects in Fiji, and should include the following:
Contingent on EFL’s decision, the Technical Advisor will assist EFL for the implementation of the selection of the IPP by providing inputs on technical aspects of the Pre-qualification, and Request for Proposal (RFP) and Request for Bid (RFB) processes.
The detailed inputs would include the following:
Other Tasks and Responsibilities:
In addition to the above scope of work, the Technical Advisor shall liaise and cooperate, as necessary and throughout the assignment, with other consultants engaged by EFL for the study. All deliverables and key outputs will be developed in English and submitted in soft copies to EFL. Key members of the consulting firm/(s) shall have the ability to conduct meetings and discussions in English.
The Technical Advisor shall prepare highlights and/or minutes of all relevant major meetings and other
consultations.
The Client would retain the right to: a) decide the number of projects that would proceed from phase 1 to phase 2 (project preparation) and b) implement or not Phase 3 activities.
The Technical Advisor shall provide the following deliverables:
The Project Owner is the Chief Executive Officer - EFL. The Technical Advisor will report to and coordinate with General Manager Special Projects of EFL for various project related components and delivery.
The Bidders themselves or with their Joint Venture partners should have previous experience and expertise in Review and Vetting, and /or feasibility stage Design & Engineering of at least seven solar PV power plant projects with BESS in last 7 years.
The Bidder must have as a minimum, qualified and experienced key staff in the following areas:
All identified Key Staff and their Curriculum Vitae (CV) should be included in the bid submission.
The Consultant will be expected to provide the main deliverables in accordance with the following timetable.
No. | Deliverable | Duration (after commencement of each Phase) |
1-1 | Inception Report | 1 week |
1-2 | Submission of the project definition report with all the deliverables listed in the scope of work and presentation to EFL of key findings (Phase 1: Site Screening and Project Definition) | 8 weeks |
1-3 | Submission of final feasibility report incorporating input from EFL and other stakeholders (Phase 2: Project Preparation) | 18 weeks |
1-4 | Presentation of findings and recommendations to stakeholders, transportation authorities, funding agencies and potential project investors | 19 weeks |
1.5 | Preparation of technical specifications document for inclusion in development RFT with all mandatory preliminary design for tendering (Phase 3: Technical Support to IPP Selection) | 24 weeks |
The Technical Advisor should quote a lump sum value inclusive of all expenses for delivering the services under the Terms of Reference. In addition, the Technical Advisor is required to provide phase wise cost breakup of the lump sum value of the contract.
Phase/ Deliverable | % of the lump sum value |
Phase 1: Site Screening and Project Definition |
|
Phase 2: Project Preparation (breakdown by site) |
|
|
|
|
|
|
|
Phase 3: Technical Support to IPP Selection |
|
Payments shall be made upon verification and formal acceptance of deliverables linked to defined project milestones. No advance payment will be made. All pricing shall be inclusive of applicable taxes.
For offshore services, payments will be made net-off for applicable Withholding Tax under Fiji's Income Tax Act. Bidders must clearly indicate the WHT amount applicable in their price schedules.
EFL will provide the following:
Annexure A: Site LocationS
Figure 1: Site Boundary Details, Nasolo, Ba
Figure 2: Site Boundary Details – Tavakubu, Lautoka
Figure 3: Site Layout Details – Yaqara, Tavua
Figure 4: Site Layout Details – Yaqara, Tavua
"},{"id":"OP00469387","notice_type":"Request for Expression of Interest","noticedate":"16-Sep-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-30T00:00:00Z","submission_deadline_time":"04:00","project_ctry_name":"Fiji","project_id":"P515153","project_name":"Fiji Energy Transformation Project Preparation","bid_reference_no":"FJ-EFL-567212-CS-CQS","bid_description":"Scoping of Ageing Assets Upgrade for power network and hydropower, and procurement preparation for power network","procurement_group":"CS","procurement_method_code":"CQS","procurement_method_name":"Consultant Qualification Selection","contact_address":"2 Marlow Street\nSuva, Fiji","contact_ctry_name":"Fiji","contact_email":"bobbyc@efl.com.fj","contact_name":"Bobby Naimawi","contact_organization":"Energy Fiji Limited","contact_phone_no":"(679) 9992468","contact_web_url":"www.efl.com.fj","submission_date":"2026-09-16T00:00:00Z","notice_text":"REQUEST FOR EXPRESSIONS OF INTEREST - CONSULTANT’S QUALIFICATIONS BASED SELECTION (CQS)
Name of Project | Fiji Energy Transformation Project Preparation (P515153) |
Loan No/Credit No/Grant Number | GFPP Grant No. TF0D0728 |
Assignment Title | Consultancy Services for Replacement of Ageing Assets (Generation and Power Network) |
Procurement Plan Ref Number | FJ-EFL-567212-CS-CQS |
Reference No. | EOI-03/2026 |
Country of Delivery | Republic of Fiji |
Selection Method | Consultant’s Qualifications Based Selection (CQS) |
The Republic of Fiji, acting through Energy Fiji Limited (EFL), intends to engage a qualified consulting firm to support the preparation and implementation of an Aged Asset Replacement Program covering selected hydropower generation and power network assets.
The consulting services ("the Services") comprise the development of an Aged Asset Replacement Policy and Plan, identification and prioritisation of replacement projects, environmental and social screening and assessment, preparation of an implementation and procurement framework, and development of procurement documentation for the first batch of priority investments.
The Services will cover:
• Review of EFL’s existing aged asset replacement policies and procedures, including risk evaluation and recommended improvements.
• Stakeholder consultations and preparation of a stakeholder engagement plan aligned with applicable environmental and social requirements.
• Development of a new Aged Asset Replacement Policy consistent with Good International Industry Practice and the World Bank Environmental and Social Framework.
• Assessment of the Wainiqeu and Nagado hydropower stations and the identified network substations, switchboards, transformers and related assets.
• Project identification, prioritisation, cost estimates, economic analysis, environmental and social screening, risk classification and preparation of proportionate management instruments.
• Development of a procurement strategy, technical specifications, bills of quantity and draft bidding documents, including relevant environmental and social provisions.
• Knowledge transfer and training for relevant EFL personnel, together with a final implementation roadmap and recommendations.
Implementation period: The assignment is expected to be completed within thirty (30) weeks from the date of contract signing.
Terms of Reference: The detailed Terms of Reference are attached to this REOI as Appendix 1.
Energy Fiji Limited 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.
Consultants may associate with other firms to enhance their qualifications and should clearly indicate whether the association is a joint venture and/or a sub-consultancy. Any actual or potential conflict of interest must be disclosed at the time of submission and throughout the assignment.
EOI Evaluation Criteria
No. | Technical Evaluation Criteria - Aged Asset Replacement | Weighting |
1 | Understanding of Terms of Reference | 10 |
2 | Qualifications and Experience | 65 |
| - Team Composition (CVs), Assignment, Key Expert inputs | (55) |
| - Environmental, Social, Health and Safety | (10) |
3 | Description of Approach, Methodology and Work Plan | 20 |
|
| (15) |
|
| (5) |
4 | Knowledge Transfer | 5 |
Mandatory Compliance: Demonstration of adherence to timelines set in Section 4 of the ToR.
Submission
Submission
Further information can be obtained by emailing to tenders@efl.com.fj during office hours 8:00 AM to 4:30 PM (Fiji Time), Monday to Friday clear 3 days from the closing date of this EOI.
Expressions of interest must be uploaded to the EFL e-Tender Portal (TenderLink) at https://www.tenderlink.com/efl(opens in new window), by registering your company, by 4:00 PM (1600 hrs) Fiji Time on Wednesday, 30th September 2026.
Tender documents may be viewed and downloaded from www.efl.com.fj(opens in new window) or https://www.tenderlink.com/efl(opens in new window).
Submissions by email or facsimile will not be accepted and will be deemed null and void. Hard copy submissions to the tender box at EFL Head Office, Suva, will not be accepted.
Appendix 1 - Terms of Reference
Terms of Reference Aged Asset Replacement
Generation and Power Network
EOI-03/2026 |
ENERGY FIJI LIMITED |
Contents
1. Background and Context 1
2. Objective of the Assignment 1
3. Scope of Work. 2
Task 1: Review of the Existing Aged Asset Replacement Policies/Procedures. 6
Task 2: Stakeholder Consultations. 6
Task 3: Development of a new Aged Asset Replacement Policy. 6
Task 4: Project Identification. 6
Task 5: Develop Procurement Strategy and Bidding Documents. 7
Task 6: Final Report and Recommendations. 7
4. Deliverables. 7
5. Evaluation Criteria. 7
6. Required Qualifications and Expertise. 8
7. Institutional Arrangements. 9
8. Duration. 9
9. Reporting. 10
10. Ethical Standards and Conflict of Interest 10
Terms of Reference
Consultancy Services for Replacement of Ageing Assets
Fiji's energy sector plays a central role in the economic development, investment in climate resilience renewable energy projects, and ensure long-term sustainability of the Fijian Economy. The country's electricity supply is dominated by Energy Fiji Limited (EFL), a majority owned government utility responsible for the generation, transmission, distribution, and retail of electricity. EFL currently produces approximately 93 percent of electricity, with Independent Power Producers (IPPs) contributing the remaining balance.
EFL is the primary electricity provider in Fiji, responsible for the generation, transmission, and retail of electricity across the four (4) main islands of Viti Levu, Vanua Levu, Ovalau and Taveuni. Formerly known as the Fiji Electricity Authority (FEA) which was established under the Electricity Act in 1966, it was corporatized in 2018 to operate as a public company limited by shares.
Some of EFL’s major power generation assets (Renewable/thermal) have gone past their useful or replacement life due to their old age. The age of these generation assets is over 20 years or more. Some generators have long been out of production with spare parts no longer available or have become obsolete.
EFL has over the years worked on a number of projects to replace its ageing assets in both the Generation and Network Areas. Some were funded through debt funding and the remaining through EFL’s internal cashflow with progress subject to availability of funds.
The Government of Fiji (GoF), supported by the World Bank under the proposed Fiji Energy Transformation Project, is committed to assisting Energy Fiji Limited (EFL) in the implementation of EFL’s Aged Asset Replacement program, and the Grant Facility for Project Preparation (GFPP) is used to support this ageing assets screening and preparation.
The primary objectives of this consultancy are to:
The Aged Asset Replacement Policy should address the following:
Specifically, the Consultancy should address the following:
The aged assets include both aged hydropower stations and power network.
Two hydropower power stations are proposed to be assessed:
Regarding power network, following EFL Substation Locations are included:
No. | Location and Equipment to be Replaced | Risks | Benefits | Stage |
1 | Suva Substation: Replacement of 11kV Switchboard | Equipment is 50 years old, operating in its failure zone and no longer has operational reliability. Loss of switchboard will result in significant part of the Suva CBD without electricity for a duration of 12 – 18 months. | This investment will result in the elimination of the risk of loss of electricity supply to part of the Suva CBD for a duration of 12 – 18 months | 1 |
2 | Vatuwaqa Substation: Replacement of 11kV Switchboard | Equipment is 27 years old, operating in its failure zone and no longer has operational reliability. Loss of switchboard will result in significant part of the Suva CBD without electricity for a duration of 12 – 18 months. | This investment will result in the elimination of the risk of loss of electricity supply to part of the Suva CBD for a duration of 12 – 18 months | 3 |
3 | Hibiscus Park Substation: Replacement of 11kV Switchboard | Equipment is 50 years old, operating in its failure zone and no longer has operational reliability. Loss of switchboard will result in significant part of the Walu Bay industrial area without electricity for a duration of 12 – 18 months. | This investment will result in the elimination of the risk of loss of electricity supply to part of the Walu Bay industrial area for a duration of 12 – 18 months | 1 |
4 | Kinoya Substation no. 1: Replacement of 11kV Switchboard | Equipment is 26 years old, operating in its failure zone and no longer has operational reliability. Loss of switchboard will result in significant part of the Kinoya/Laucala Beach/Nasinu area without electricity for a duration of 12 – 18 months. It will also result in our inability to connect the Kinoya Power Station no. 1 generation to the grid. | This investment will result in the elimination of the risk of loss of electricity supply to part of the Kinoya/Laucala Beach/Nasinu area for a duration of 12 – 18 months, and the loss of Kinoya Power Station no. 1 generation. | 3 |
5 | Kinoya Substation no. 1: Replacement of 15/18MVA, 11kV/33kV Transformer T3 | Equipment is 29 years old, operating in its failure mode, and no longer has operational reliability. Failure of this transformer will result in loss of 15MVA of generation connectivity to the grid. | This investment will result in the elimination of the risk of the loss of 15MVA generation connectivity to the grid. | 3 |
6 | Sawani Substation: Replacement of 11kV Switchboard | Equipment is 50 years old, operating in its failure zone and no longer has operational reliability. Loss of switchboard will result in significant part of the Sawani area without electricity for a duration of 12 – 18 months. | This investment will result in the elimination of the risk of loss of electricity supply to part of the Sawani area for a duration of 12 – 18 months | 1 |
7 | Korovou Substation: Replacement of 11kV Switchboard | Equipment is 27 years old, operating in its failure zone and no longer has operational reliability. Loss of switchboard will result in significant part of the Tailevu/Korovou/Naitasiri area without electricity for a duration of 12 – 18 months. | This investment will result in the elimination of the risk of loss of electricity supply to part of the Tailevu/Korovou/Naitasiri area for a duration of 12 – 18 months | 3 |
8 | Wailekutu Substation: Replacement of 11kV Switchboard | Equipment is 50 years old, operating in its failure zone and no longer has operational reliability. Loss of switchboard will result in significant part of the Lami/Wailekutu/Naboro area without electricity for a duration of 12 – 18 months. | This investment will result in the elimination of the risk of loss of electricity supply to part of the Lami/Wailekutu/Naboro area for a duration of 12 – 18 months | 1 |
9 | Wailoa Substation: Replacement of 11kV Switchboard | Equipment is 29 years old, operating in its failure zone and no longer has operational reliability. Loss of switchboard will result in customers in the Wailoa area being without electricity for a duration of 12 – 18 months. | This investment will result in the elimination of the risk of loss of electricity supply to customers in the Wailoa area for a duration of 12 – 18 months | 2 |
10 | Wailoa Substation: Replacement of 33kV Switchboard | Equipment is 29 years old, operating in its failure zone and no longer has operational reliability. Loss of switchboard will result in loss of Wainikasou generation, and loss of supply to customers in the Wailoa area without electricity for a duration of 12 – 18 months. | This investment will result in the elimination of the risk of loss of generation from Wainikasou power station, and the loss of electricity supply to customers in the Wailoa area for a duration of 12 – 18 months | 2 |
11 | Wailoa Substation: Replacement of 0.5MVA, 33kV/11kV transformer T6 | Equipment is 29 years old, operating in its failure mode, and no longer has operational reliability. Loss of transformer will result in customers in the Wailoa area being without electricity for a duration of 12 – 18 months. | This investment will result in the elimination of the risk of loss of electricity supply to customers in the Wailoa area. | 2 |
12 | Savusavu Substation: Replacement of 11kV Switchboard | Equipment is 38 years old, operating in its failure zone and no longer has operational reliability. Loss of the switchboard will result in loss of electricity supply to the Savusavu area for a duration of 12 – 18 months. | This investment will result in the elimination of the risk of loss of electricity supply to the Savusavu area for a duration of 12 – 18 months | 2 |
13 | FSC Labasa substation: Replacement of 11kV Switchboard | Equipment is 25 years old, operating in its failure zone and no longer has operational reliability. Loss of the switchboard will result in loss of electricity supply to FSC Labasa, and part of the Labasa area for a duration of 12 – 18 months. | This investment will result in the elimination of the risk of loss of electricity supply to FSC Labasa and part of the Labasa area for a duration of 12 – 18 months | 3 |
14 | Levuka Substation: Replacement of 11kV Switchboard | Equipment is 25 years old, operating in its failure zone and no longer has operational reliability. Loss of the switchboard will result in loss of electricity supply to customers in Ovalau for a duration of 12 – 18 months. | This investment will result in the elimination of the risk of loss of electricity supply to Ovalau for a duration of 12 – 18 months | 3 |
15 | Vuda Substation: Replacement of 11kV Switchboard | Equipment is 24 years old, operating in its failure zone and no longer has operational reliability. Loss of switchboard will result in significant part of the Lautoka/Nadi area without electricity for a duration of 12 – 18 months. It will also result in our inability to connect the Vuda Power Station no. 1 generation to the grid. | This investment will result in the elimination of the risk of loss of electricity supply to part of the Lautoka/Nadi area for a duration of 12 – 18 months, and the loss of Vuda Power Station no. 1 generation. | 3 |
16 | Pineapple Corner Substation: Replacement of 11kV Switchboard | Equipment is 29 years old, operating in its failure zone and no longer has operational reliability. Loss of switchboard will result in significant part of the Lautoka area without electricity for a duration of 12 – 18 months. | This investment will result in the elimination of the risk of loss of electricity supply to part of the Lautoka area for a duration of 12 – 18 months | 2 |
17 | Pineapple Corner Substation: Replacement of 11kV/0.415kV Auxiliary Transformers T1 and T2 | Equipment is 35 years old, operating in its failure zone and no longer has operational reliability. Loss of the auxiliary transformers will result in loss of AC supply to the substation, including the Protection and SCADA battery chargers. Loss of supply to the Protection system will disable the protection which will then fail to operate on fault, and could potentially cause catastrophic damage to the switchboards | This investment will result in the elimination of the risk of loss of electricity supply to the substation, including the Protection and SCADA battery chargers. | 2 |
18 | Lautoka Switching Station: Replacement of 11kV Switchboard | Equipment is 31 years old, operating in its failure zone and no longer has operational reliability. Loss of switchboard will result in significant part of the Lautoka area without electricity for a duration of 12 – 18 months. | This investment will result in the elimination of the risk of loss of electricity supply to part of the Lautoka area for a duration of 12 – 18 months | 2 |
19 | Tavua Substation: Replacement of 11kV Switchboard | Equipment is 31 years old, operating in its failure zone and no longer has operational reliability. Loss of switchboard will result in the Tavua area without electricity for a duration of 12 – 18 months. | This investment will result in the elimination of the risk of loss of electricity supply to the Tavua area for a duration of 12 – 18 months | 2 |
20 | Waqadra Substation: Replacement of 11kV Switchboard | Equipment is 28 years old, operating in its failure zone and no longer has operational reliability. Loss of switchboard will result in significant part of the Nadi area without electricity for a duration of 12 – 18 months. | This investment will result in the elimination of the risk of loss of electricity supply to part of the Nadi area for a duration of 12 – 18 months | 2 |
21 | Rakiraki Substation: Replacement of 11kV Switchboard | Equipment is 29 years old, operating in its failure zone and no longer has operational reliability. Loss of switchboard will result in the Rakiraki area being without electricity for a duration of 12 – 18 months. It will also result in our inability to connect the Rakiraki generation to the grid. | This investment will result in the elimination of the risk of loss of electricity supply to the Rakiraki area for a duration of 12 – 18 months, and the loss of Rakiraki generation. | 2 |
22 | Rakiraki Substation: Replacement of 11kV/0.415kV Auxiliary Earthing Transformer T1 | Equipment is 51 years old, operating in its failure zone and no longer has operational reliability. Loss of the auxiliary earthing transformers will result in loss of AC supply to the substation, including the Protection and SCADA battery chargers. Loss of supply to the Protection system will disable the protection which will then fail to operate on fault, and could potentially cause catastrophic damage to the switchboards. Loss of earthing will result in loss of earthfault protection at the power station. | This investment will result in the elimination of the risk of loss of electricity supply to the substation, including the Protection and SCADA battery chargers. It will also eliminate the risk of loss of earthfault protection at the power station. | 1 |
23 | Coordinate site visits by EFL Network Engineers to electricity utilities in the Australia/New Zealand and South/East Asia region to observe how aged asset replacement is planned and implemented. | Risks - poor understanding of the management of aged assets resulting in delays in the implementation of the replacement program and priorities – will result in asset failure, customer outages and unplanned replacement costs | This investment will help build and strengthen internal capacity among EFL Engineers on how to address aged assets. | 1 |
24 | Establish relationships with electricity utilities in the Australia/New Zealand and South/East Asia region to allow for short-term (3 weeks) attachment by EFL Network Engineers to the various utilities to observe network maintenance practices. | Risks – absence of exposure to work practices by advanced utilities in the region. Loss of knowledge sharing opportunities. Failure to learn and adopt proven work methodologies. | This investment will help build and strengthen internal capacity among EFL Engineers on how to improve management and maintenance of Network assets. | 2 |
The Consultant will carry out the following tasks for above two hydropower stations and power network:
Task 1: Review of the Existing Aged Asset Replacement Policies/Procedures
Task 2: Stakeholder Consultations
Task 3: Development of a new Aged Asset Replacement Policy
Task 4: Project Identification
Task 5: Environmental and Social Assessment and Management
Building on the E&S screening conducted under Task 4, the Consultant shall undertake Environmental and Social (E&S) assessments and prepare the corresponding management instruments for the sub-projects identified for the implementation under the Aged Asset Replacement Program. All assessments and instruments shall comply with the World Bank's Environmental and Social Framework (ESF), applicable national environmental legislation of Fiji (including the Environment Management Act 2005 and associated regulations), and Good International Industry Practice (GIIP). More details are provided in the annex.
Task 6: Develop Procurement Strategy and Bidding Documents
Task 7: Final Report and Recommendations
No. | Deliverable | Indicative Timeline |
1 | Inception Report, including methodology, workplan, and stakeholder engagement plan | Week 4-7 |
2 | Review of the Existing Aged Asset Replacement Policies/Procedures (Task 1), Develop Procurement Strategy and Bidding Documents (Task 6) | Week 8-14 |
3 | Stakeholder Consultations (Task 2), Drafting of a new Aged Asset Replacement Policy (Task 3), Project Identification (Task 4), E&S Deliverables (Task 5), Develop Procurement Strategy and Bidding Documents (Task 6) | Week 15-25 |
4 | Draft Report: Hydro Power Station and Network Assets (with Grid analysis) | Week 26-28 |
5 | Final Separate Reports and Implementation Roadmap for:
| Week 29-30 |
All deliverables shall be submitted in English. Draft deliverables will be reviewed by the World Bank and relevant stakeholders, and the Consultant will be expected to incorporate feedback within an agreed timeframe.
The Consultant shall require a team with a combination of project management, contract management, and energy sector expertise. The core team should include:
Team Leader / Project Manager
Electrical Expert
Mechanical Expert
Civil Expert
Environment Expert
Gender Social Specialist
Financial Expert
Procurement Expert
Common Requirements
The Consultant will work under the overall supervision of the Energy Fiji Limited and Ministry of Finance. A Technical Working Group (TWG), comprising representatives from Energy Fiji Limited and the Ministry of Finance will be established to provide guidance, review deliverables, and facilitate stakeholder access. The World Bank may provide technical oversight and quality review in its capacity as a development partner.
The assignment is expected to be completed within 30 weeks from the date of contract signing.
The Consultant will report to the designated focal point at Energy Fiji Limited and will provide regular progress updates to the TWG. All deliverables are subject to formal review and written approval by Energy Fiji Limited before being considered final.
EFL will provide asset registers, condition and outage data, existing policies and drawings, licences and consent conditions for visiting the hydro and other project sites, counterpart staff, office space, site access and safety induction, and who bears in-country travel.
The Consultant must disclose any actual or potential conflicts of interest at the time of proposal submission and throughout the duration of the assignment. Any firm or individual with a direct commercial interest in the Fiji electricity sector may be subject to additional scrutiny or disqualification.
Annex. E&S Screening, Risk Classification, and E&S Assessment and Management
E&S Screening and Risk Classification
As part of the project identification and prioritization process, the Consultant shall conduct an Environmental and Social (E&S) screening of all assets and sub-projects identified for potential inclusion under the Aged Asset Replacement Program. The purpose of this screening is to identify, at an early stage, the nature and significance of potential environmental and social risks and impacts associated with each sub-project, and to classify them accordingly to inform prioritization and downstream assessment requirements under Task 5.
The E&S screening shall be carried out in accordance with the World Bank's Environmental and Social Framework (ESF) and shall include the following activities:
(a) Screening Checklist Development. The Consultant shall develop a standardized E&S screening checklist, to be reviewed and approved by EFL and the World Bank, covering the following parameters for each sub-project or asset replacement activity:
(b) Application of the Screening Checklist. The Consultant shall apply the approved screening checklist to each sub-project or asset cluster identified in Task 4, drawing on available data, site reconnaissance findings, and stakeholder inputs gathered under Task 2. For hydropower-related asset replacements, the screening shall additionally assess:
(c) E&S Risk Classification. Based on the screening outcomes, the Consultant shall assign each sub-project or asset replacement activity a preliminary E&S risk classification consistent with the World Bank ESF risk categories (High, Substantial, Moderate, or Low). The classification shall consider both the type and scale of potential impacts and the sensitivity of the receiving environment and social context.
(d) Screening Report. The Consultant shall prepare an E&S Screening Report summarizing the results of the screening exercise for all sub-projects. The report shall include, for each sub-project: the completed screening checklist, the preliminary E&S risk classification, the rationale for the classification, and recommended E&S assessment and management measures required under Task 5. The Screening Report shall form an input to the Project Identification deliverable and shall be shared with EFL, the Ministry of Finance, and the World Bank for review and clearance prior to finalization.
The outcomes of the E&S screening shall directly inform the selection and sequencing of sub-projects for the first batch of implementation, ensuring that sub-projects with manageable E&S risks are prioritized, and that appropriate assessment and management measures are in place before procurement commences.
Environmental and Social Assessment and Management
Building on the E&S screening conducted under Task 4, the Consultant shall undertake Environmental and Social (E&S) assessments and prepare the corresponding management instruments for the sub-projects identified for the implementation under the Aged Asset Replacement Program. All assessments and instruments shall comply with the World Bank's Environmental and Social Framework (ESF), applicable national environmental legislation of Fiji (including the Environment Management Act 2005 and associated regulations), and Good International Industry Practice (GIIP).
The E&S assessment shall cover all sub-projects in the first batch, as identified and screened under Task 4, including but not limited to:
The scale and depth of assessment shall be proportionate to the E&S risk classification assigned to each sub-project under Task 4.
For asset replacement activities at hydropower stations, the Consultant shall prepare a standalone E&S assessment addressing the specific environmental and social sensitivities associated with hydropower infrastructure. The ESIA shall be prepared by qualified environmental and social specialists and shall include, at minimum, the following components:
(a) Description of the Existing Environment and Baseline Conditions
The Consultant shall compile and, where necessary, supplement existing baseline data to characterize the environmental and social baseline for each hydropower site and its area of influence, including:
(b) Environmental Flow (E-Flow) Assessment
Given the small scale of the hydropower facility, the Consultant shall conduct a proportionate desktop E-flow review rather than a full E-flow assessment study. The review shall be commensurate with the nature of the asset replacement works and the associated level of hydrological risk.
The desktop review shall:
(c) Impact Assessment
The Consultant shall identify, predict, and evaluate the significance of potential environmental and social impacts associated with hydropower asset replacement works, covering both the construction and operational phases. Key impact pathways to be assessed shall include:
The Consultant shall prepare ESMPs for each sub-project in the first batch, integrating findings from the E&S assessment (for hydropower facilities) and the E&S screening assessments. The ESMPs shall:
In coordination with Task 2, the Consultant shall support EFL in conducting targeted stakeholder consultations on the E&S assessment and ESMP findings for each sub-project. Consultations shall be conducted in accordance with the Stakeholder Engagement Plan developed under Task 2, and shall be culturally appropriate and accessible to women, indigenous communities, and other vulnerable groups. Consultation records, including attendance, issues raised, and responses, shall be documented and appended to the ESIA and ESMP.
The Consultant shall work closely with the procurement specialist engaged for Task 6 to ensure that all relevant E&S requirements are systematically integrated into the bidding documents for the asset replacement sub-projects. This shall include:
(a) E&S Specifications and Requirements. The Consultant shall prepare an Environmental and Social Requirements (ESR) section to be included within the bidding documents for each contract package, covering: Contractor obligations with respect to ESMP implementation, including preparation and submission of a Contractor Environmental and Social Management Plan (C-ESMP) prior to commencement of works; specific technical requirements for hazardous waste management (oils, ACM, PCBs, SF6, and other hazardous materials from aged equipment), including approved disposal or recycling methods, handling procedures, and documentation requirements;
(b) E&S Performance Standards in Contract Conditions. The Consultant shall recommend appropriate contract conditions and performance standards to ensure contractor compliance with E&S requirements, including provisions for: submission and approval of the C-ESMP as a condition precedent to commencement of works; regular E&S reporting by the contractor; and consequences for non-compliance, including stop-work orders and financial remedies.
(c) E&S Rated Criteria. The Consultant shall recommend criteria for evaluating contractor E&S capacity and performance as part of the qualification and evaluation criteria for each bidding package, covering contractor experience with E&S management on similar infrastructure projects, availability of qualified E&S personnel, and approach to hazardous materials management.
"},{"id":"OP00465082","notice_type":"Request for Expression of Interest","noticedate":"15-Sep-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-10-02T00:00:00Z","submission_deadline_time":"17:00","project_ctry_name":"Micronesia, Federated States of","project_id":"P181237","project_name":"Strengthening Public Financial Management II Project","bid_reference_no":"FM-DOFA-563818-CS-INDV","bid_description":"HRD Advisor","procurement_group":"CS","procurement_method_code":"INDV","procurement_method_name":"Individual Consultant Selection","contact_address":"FSM National Government PO Box PS 158 Palikir Pohnpei 96941","contact_ctry_name":"Micronesia, Federated States of","contact_email":"osbert.atusaasiire@dofa.gov.fm","contact_name":"Osbert Atusaasiire","contact_organization":"Department of Finance and Administration","contact_phone_no":"920-2280","contact_web_url":"fsmsofa@mail.fm","submission_date":"2026-09-15T00:00:00Z","notice_text":"
FEDERATED STATES OF MICRONESIA
REQUEST FOR EXPRESSIONS OF INTEREST
Country | Federated States of Micronesia |
Project | Project for Strengthening Public Financial Management II (P181237) |
Project Implementing Agency / Client | Department of Finance and Administration (DOFA) |
Assignment Title | Human Resource Development and Change Management Advisor |
Selection Method | Open International |
Contract Type | Time Based |
Reference No. | FM-DOFA-563818-CS-INDV |
Credit/Grant No. | IDA-E4120 |
Date of Issue | September 1, 2026 |
Deadline for Submission | October 2, 2026 |
The Government of The Federated States of Micronesia (FSM) has received financing from the World Bank toward the cost of the Strengthening Public Financial Management II Project (P181237) and intends to apply part of the proceeds for consulting services.
The consulting services (“the Services”) include providing full-time technical advisory support to the implementation of Component 3 Enhanced Human Resource Capacity, Communications and Change Management of the PFM II Project, including:
The Human Resource Development and Change Management Advisor will support the Government of FSM in operationalizing existing human resource development, capacity development, training, change management, FMIS adoption, stakeholder communication and citizen engagement strategies and frameworks developed under the Project.
The assignment will be based in Palikir, Pohnpei, Federated States of Micronesia, with travel to the four State Governments as required. The assignment is expected to be full-time for twenty-four (24) months, with an anticipated start date as soon as possible, subject to completion of the selection and contracting process.
The detailed Terms of Reference (TOR) for the assignment can be found at the Department of Finance and Administration website: https://dofa.gov.fm, as part of this REOI, or can be obtained at the address given below.
The Department of Finance and Administration 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.).
The criteria for selecting the Consultant are:
Mandatory Requirements:
The Consultant shall possess:
Desirable :
The attention of interested Consultants (including firms) is drawn to paragraphs 3.14, 3.16 and 3.17 of the World Bank’s Procurement Regulations for IPF Borrowers, Seventh Edition, September 2025 (“the Regulations”), setting forth the World Bank’s policy on conflict of interest.
Further information can be obtained at the address below during office hours 08:00 to 17:00 hours, Pohnpei Time.
Expressions of interest must be delivered in a written form to the address below by e-mail only preferably by 5pm Pohnpei Time, October 2, 2026.
Expressions of Interest must be submitted by email only to the following addresses:
Attn: Osbert Atusaasiire
Project Manager PFM II
Department of Finance and Administration
Palikir, Federated States of Micronesia
Email: osbert.atusaasiire@dofa.gov.fm
And cc to : Arrio Abello, Project Officer, PFM II: arrio.abello@dofa.gov.fm
ANNEX 1: TERMS OF REFERENCE
TERMS OF REFERENCE
Position | Human Resource Development and Change Management Advisor (Individual Consultant) |
Location: | Palikir, Pohnpei, Federated States of Micronesia (with travel to the four State Governments) |
Duration: | Twenty-four (24) months (full-time) |
Tentative Start Date: | As soon as possible |
The Government of the Federated States of Micronesia (GoFSM), through the Department of Finance and Administration (DoFA), is implementing the World Bank-financed Strengthening Public Financial Management II Project (P181237).
The Project builds on achievements under the previous Public Financial Management Project and aims to strengthen fiscal management practices, improve transparency, expand digital financial management systems, and enhance institutional capacity across the National Government and the four State Governments.
The Project consists of four components:
Component 3 supports the development of the human and institutional capacity required to sustain PFM reforms, including professional development, organizational change, communication, knowledge transfer, and stakeholder engagement.
During the initial phase of implementation, the previous Human Resource Development (HRD) Advisor developed a number of strategic and institutional tools to guide Component 3 implementation, including:
The Project has now moved from the strategy development phase into implementation. The Human Resource Development and Change Management Advisor will therefore focus on completing outstanding assessments, operationalizing the existing frameworks, coordinating implementation activities, and supporting measurable progress under Component 3.
The assignment requires a professional with demonstrated experience in human resource development, organizational change, institutional capacity building, training systems, and public sector reform.
The objective of the assignment is to support implementation of Component 3 of the PFM II Project by translating existing strategies, frameworks, training plans, and institutional development tools into practical activities that strengthen government capacity to sustain PFM reforms.
The Advisor will support DoFA and State Government counterparts to:
The Advisor will contribute directly to the achievement of the following Project Results Indicators:
IR-6: Number of individuals completing certifications in specialized technical areas and retained within GoFSM, of which at least 50 percent are women.
Priority areas include:
IR-7: Increased engagement with citizens on public finances and the role of DoFA.
IR-8: Training partnerships established for qualification programmes in specialized public financial management disciplines.
In carrying out these responsibilities, the Advisor will coordinate with the relevant technical specialists, including the Budget Adviser and Procurement Reform Adviser, on transparency and publication activities. The technical preparation, validation, clearance, and publication of fiscal and procurement information will remain the responsibility of the relevant technical specialists and responsible government offices. The Advisor's role will be to facilitate coordination, stakeholder communication and citizen engagement and to monitor and report relevant progress under Component 3
The Advisor will undertake the following workstreams.
Workstream 1: Professional Capacity Development, Competency Assessment and Certification (IR-6)
The Advisor will:
Workstream 2: Training Partnerships and Institutional Sustainability (IR-8)
The Advisor will:
Workstream 3: FMIS Change Management, Workforce Planning and Organizational Development
The Advisor will:
Workstream 4: Citizen Engagement, Stakeholder Communication and Coordination of Transparency Activities (IR-7)
The Advisor will:
The Advisor will coordinate and facilitate citizen engagement, stakeholder communication and related transparency activities but will not be responsible for the technical preparation, validation, clearance or substantive content of fiscal or procurement information. Responsibility for the preparation and publication of such information will remain with the relevant technical specialists and responsible government offices.
Workstream 5: Component 3 Coordination, Monitoring and Reporting
The Advisor will:
The Advisor will work under the overall supervision of the Secretary of Finance and Administration through the Project Manager, PFM II.
The Advisor will work closely with:
Deliverable | Timing |
Component 3 Implementation Work Plan | Within 30 days |
Competency Gap Analysis and Skills Audit Report | Within 90 days |
Training Needs Assessment Report and Updated Training Priorities | Within 120 days |
Priority PFM Position Competency Profiles | Within 6 months |
Training and Professional Development Programme | Annually |
Workforce Assessment and Job Description Review Report | Within 9 months |
Training Partnership Implementation Plan | Within 90 days |
Training and Certification Progress Reports | Quarterly |
FMIS Change Management Implementation Updates | Quarterly |
Annual Citizen Engagement, Stakeholder Feedback and Communication Report, documenting engagement activities, stakeholder feedback, GoFSM responses and actions taken, communications activities, lessons learned and recommendations | Annually |
Component 3 Progress Reports | Quarterly |
Final Sustainability and Handover Report | Final month |
Performance will be assessed based on:
The Consultant shall possess:
The Consultant shall demonstrate experience in:
The Consultant should have experience working with multiple government institutions and stakeholders.
Strong facilitation, communication, analytical, and report-writing skills are required.
Fluency in English is required.
Desirable experience includes:
The assignment will be a full-time position based in Palikir, Pohnpei, Federated States of Micronesia, with travel to the four State Governments as required.
The Government will provide:
Official travel required for Project implementation will be funded in accordance with applicable Government and Project procedures.
The initial contract duration will be twenty-four (24) months, subject to satisfactory performance, Project requirements, and availability of financing.
"},{"id":"OP00460465","notice_type":"Request for Expression of Interest","noticedate":"14-Sep-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-21T00:00:00Z","submission_deadline_time":"12:30","project_ctry_name":"Gambia, The","project_id":"P179233","project_name":"The Gambia Resilience, Inclusion, Skills, and Equity Project","bid_reference_no":"GM-CPCU - MOFEA-556550-CS-INDV","bid_description":"Consultancy to develop the National Nutrition Regulation and Guideline for NaNA","procurement_group":"CS","procurement_method_code":"INDV","procurement_method_name":"Individual Consultant Selection","contact_address":"Ministry of Finance and Economic Affairs","contact_ctry_name":"Gambia, The","contact_email":"ataal@cpcumof.gm","contact_name":"Ndey Anta Taal","contact_organization":"Central Project Coordinating Unit","contact_phone_no":"7004971","submission_date":"2026-09-14T00:00:00Z","notice_text":"Request for Expressions of Interest
Country: The Republic of the Gambia
Project Title: The Gambia Resilience, Inclusion, Skills and Equity Project RISE
Grant Number: P1729233
Assignment Title: Consultancy to develop the National Nutrition Regulation and Guideline for NaNA
Procurement Method: Individual Consultant Selection (INDV)
Reference No.: GM-CPCU - MOFEA-556550-CS-INDV
Background:
The Gambia is a small country with a total area of about 10,690 square kilometers. It is surrounded on all sides by the Republic of Senegal, except in the West by the Atlantic Ocean. The population is estimated 2.42 million with a high population growth rate of 3.1 percent per year (Census, 2024). The 2017 Human Development Index shows the country rank at 174 out of 189 countries. Efforts to fight poverty have also proven ineffective with poverty levels remaining unchanged in the past decade (the percentage of households living below the poverty line of 1.25 $/day is 48.65 per cent in 2015 (HIS 2015/2016). The average GDP growth of 3 per cent per annum has barely kept up with population growth of 3.1 per cent. Data from the 2019/20 Demographic Health Survey (DHS) showed encouraging results for U5MR having dropped to 34 per 1,000 down from 54 per 1,000 live births in 2013, Maternal Mortality Ratio estimated 189/100,000 down from at 433/100000 live births in 2013.
Micronutrient deficiencies are widespread and continue to pose serious public health risks. Anaemia affects 44.8% of children, and only 10.8% of households consume adequately iodized salt even though 77% do consume iodized salt. Vitamin A deficiency affects 18.3% of children under five (MICS 2018). These figures highlight the urgency of interventions such as supplementation, iodization, fortification, and biofortification, supported by regulatory frameworks like the Food Fortification Regulation (2020). Despite these efforts, gaps in coverage and compliance persist, particularly in rural and underserved communities. Strengthening supply chains, enforcement mechanisms, and public awareness campaigns will be essential to improving micronutrient outcomes.
Infant and young child feeding practices show mixed progress. While 98% of children are breastfed, only 36% of mothers initiate breastfeeding within one hour of birth and 53.6% of children are exclusively breastfed. Complementary feeding remains inadequate, with just 15% of children receiving a minimum acceptable diet. The prevalence of malnutrition has improved with the DHS 2019/20 estimating stunting at 17.5% from 25% in 2013, wasting 5.1% from 12% and underweight 11.6% from 16%. These indicators reflect broader food and nutrition security challenges. The country produces only 50% of its food needs and over half the population (60.2%) do not have enough to meet their food expenditure, according to the Integrated Household Survey (IHS 2022). Climate change, low agricultural productivity, and population growth exacerbate these conditions, prompting national strategies focused on climate-smart agriculture, diversified and increased local food promotion and integration of nutrition into broader development efforts.
Non-communicable Diseases (NCDs) are on the rise, driven by poor diets, sedentary lifestyles, and urbanization. Hypertension affects 47% of adults, and obesity is significantly higher among women (20.2%) compared to men (3.9%) (WHO STEPS Survey 2019). Only 6.6% of the population meets WHO physical activity guidelines, reflecting lifestyle shifts associated with urbanization, poor dietary habits and sedentary lifestyles. The Fill the Nutrient Gap analysis 2025 shows that only 29% can afford a healthy diet. National responses focus on prevention by adopting appropriate dietary guidelines and lifestyles through social and behaviour change communication, and multisectoral collaboration. However, implementation remains fragmented, and greater investment in community-based prevention and promotion of healthy behaviours is needed.
As a cross cutting issue, the improvement and implementation of nutrition interventions and programme requires a strong coordination mechanism to avoid duplication and gaps. The National Nutrition Agency (NaNA) was established in 2000 as a semi-autonomous government institution strategically placed under the Office of The Vice President through an Agency Board with the legal mandate to coordinate nutrition and nutrition-related activities and advocate for the mainstreaming of nutrition into the macroeconomic and sectoral policy frameworks, implement nutrition activities, monitor nutrition interventions and programmes, mobilize and manage resources in The Gambia.
The Agency became a legal entity in 2005 through an Act of the National Assembly (Food Act 2005) which is now repealed and replaced by the Nutrition Act 2024. This ensures effective coordination of nutrition interventions across sectors. The Agency serves as the Secretariat to the National Nutrition Council (an inter-Ministerial body chaired by the Vice President), the country Scaling Up of Nutrition (SUN) Movement and the National Alliance for Food Fortification (NAFF).
The Agency was charged with the overall coordination and implementation of the policy with the following core mandates:
Following the enactment of the Nutrition Act 2024, there is need to develop a regulation that is critical for establishing and formalising the multisectoral governance structures that ensure food and nutrition security and better help to understand and implement the Nutrition Act 2024. The regulation will also translate political commitment into actionable, accountable and sustainable interventions. To work on the development of a Nutrition Regulation, The Gambia, Resilience, Inclusion, Skills and Equity (RISE) Project has sought the expertise of a Legal Expert for the task.
Objective of The Assignment:
The objective of exercise is to review and develop comprehensive nutrition regulation.
Scope of Work and Key Responsibilities:
The scope of the work will cover the following:
The Draftsman will require close collaboration with the NaNA for continued guidance.
4. Individual Consultant Qualifications and Experience
Given the high level of technical rigor required to carry out the exercise, which is a succinct and analytically sound comprehensive Nutrition Regulation, dedicated human resource capacity is required in terms of time and technical expertise in conducting such a task. National Expert will objectively review the implementation and coordination mechanisms established by the Nutrition Act 2024 and any other relevant mechanisms. Hence an appropriate experienced expert, who is familiar with the development context in The Gambia and having good working experience of drafting regulations will be preferred. The Expert should possess the following qualification and experience:
Full TOR Availability Notice
The full Terms of Reference (TOR) will be made available upon request. Please send your request via email to the address provided below. The contract duration is 3-6 months.
Submission of Expressions of Interest:
The National Nutrition Agency (NaNA), through the Central Project Coordination Unit (CPCU) of the Ministry of Finance and Economic Affairs, now invites eligible individual 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 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 February 2025 ("Procurement Regulations"), setting forth the World Bank's policy on conflict of interest.
A Consultant will be selected in accordance with the Individual Consultant Selection Method set out in the Consultant Guidelines. Further information and Terms of Reference can be obtained at the address below during office hours from 09:00 to 16:00 Monday to Thursday and 09:00 to 12h30 on Friday.
Expressions of interest should be delivered in email to the address below on or before 21 September 2026 at 12:30pm Gambian time
Central Project Coordination Unit
Royal Insurance Building
2nd Floor, Kotu Bertil Harding Highway
The Gambia
Email: nsosseh@cpcumof.gm , mktouray@cpcumof.gm , ygassama@cpcumof.gm and rsey@cpcumof.gm
"},{"id":"OP00465088","notice_type":"Request for Expression of Interest","noticedate":"14-Sep-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-21T00:00:00Z","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":"2026-09-14T00:00:00Z","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 21, 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
Terms of Reference
Individual Consultant for Final Review of the “Sustainable Fisheries Development in Red Sea and Gulf of Aden” Project (SFISH Project)
Program/Project Number: | P178143 |
Activity Code: | PERSGA-2403-CS-INDV |
Type of contract; and expected start/end dates of assignment | Lump-sum, based on linked deliverables; During October 2026 -February 2027 |
1.1. Context
The Regional Organization for Conservation of the Marine Environment of the Red Sea and Gulf of Aden (PERSGA) is an intergovernmental organization established since 1995. PERSGA institutional framework is based on the Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment (Jeddah Convention 1982), which joins seven member states, including Djibouti, Egypt, Jordan, Saudi Arabia, Somalia, Sudan, and Yemen. Rational use of marine resources and the protection of coastal marine environment from pollution and overexploitation are central objectives of Jeddah Convention (1982) and its derived Action Plan Regional Protocols and Action Plan. PERSGA runs regional programs and projects that support regional capacities and coordination to achieve these objectives.
This consultancy is carried out in the framework of the implementation of the regional project “Sustainable Fisheries Development in the Red Sea and Gulf of Aden”, referred to hereafter as SFISH project. The project is financed by the World Bank (WB), and executed by PERSGA for its regional component. In accordance with the M&E policies and procedures of WB, a Final Evaluation of the SFISH project is required. The project has started on August 2022 and is approaching its closing by March 2027. This TOR sets out the prospect for the project Final Evaluation.
1.2 Background on SFISH project (Regional Component)
PERSGA is executing the SFISH project Regional Component, which composes the subject of this Final Evaluation TOR. This Component aims to strengthen regional collaboration in management of marine fisheries and aquaculture in the Red Sea and Gulf of Aden. Its focus is to improve and sustain regional collaboration through further development of PERSGA’s capacities for monitoring, assessment, knowledge management and sharing to support science-based management of fisheries in the RSGA. It supports the development of a regional platform for coordination of policies, legislation, management plans and measures for responsible fisheries and aquaculture and use of ecosystems approaches. It also supports regional level capacity building and technical assistance program on management of living marine resources responding to both anthropogenic and climate induced changes. This would include training, providing technical guidelines, support the development of policies, legislation, management plans and completion, ratification and implementation of relevant regional conventions, action plans and protocols. The project regional component interventions were designed to be through the following interlinked subcomponents:
Further detailed information on the project, and related project documents can be reached at the following link: https://sfish.persga.org/
2.1 Objectives of the Final Evaluation (FE)
The objective of the FE is to provide an independent assessment of the project’s achievements, outcomes and potential longer-term impacts. As an end-of-project evaluation undertaken during the final implementation period, the FE will assess performance over the implementation period up to an evaluation cut-off date agreed during inception, with material implementation developments and final results updated through completion of the evaluation where any evidence becomes available. It will consider forward-looking in capturing lessons learned and providing evidence on the nature and extent of results, their likely sustainability, and implications for future programming.
The evaluation will thus assess the project design, scope, implementation and achievements. It will collate and analyse lessons learnt, challenges faced and best practices obtained during implementation, which will inform the next programming strategy in response to its priorities, and make recommendations regarding the specific actions in this regard. These should emphasize, for example issues to be addressed in the future follow up interventions, significant outcomes and success stories for potential expansion and replication.
2.2 Scope and Approach of the FE
The FE should provide evidence-based information that is credible, reliable and useful. The consultant is expected to follow a participatory and consultative approach ensuring close engagement with the Project team at PERSGA, and government counterparts of the member countries including PERSGA Focal Points, National Coordinators of the project, and key stakeholders. The review consultant is expected to conduct a field mission to view project interventions and achievements, and partake in meetings and workshop organized in the framework of the FE process. Interviews will be held with the following organizations and individuals at a minimum:
The consultant will review all relevant sources of information, such as the project documents, project implementation progress reports, financial reports, activities’ reports, strategic and legal documents, World Bank aide memoires from support meetings, outputs and products and any other material that he / she considers useful for this evidence-based review and evaluation.
The FE shall review and validate the project's Theory of Change (ToC). In this connection, the evaluation shall assess whether the assumptions and causal pathways underlying project design remained valid during implementation, and examine the extent to which project interventions, outputs, and intermediate results contributed to the achievement of intended outcomes and development objectives. The assessment should identify key enabling factors and constraints that influenced results achievement and sustainability.
The Project FE will assess the effectiveness of the implementation strategy and the results. This will include the implementation modalities, responsibilities and co-financing roles, coordination and partnership arrangements, institutional strengthening, beneficiary participation, training and workshop attendance and outcomes, replication and sustainability of the project outcomes. The evaluation will include review of the project design and assumptions made at the beginning of the project development process; project management including the implementation strategies; project activities, so as to assess the extent to which the project results have been achieved, partnerships established, capacities built, and cross cutting issues of mainstreaming development issues. It will also assess whether the project implementation strategy has been optimum and recommend areas for improvement and learning for future programming interventions.
To achieve the FE objectives following relevant World Bank and PERSGA guidelines, the consultant will consider the following categories of project performance. For each of the Relevance, Efficacy and Efficiency categories, and for the overall assessment, the consultant is required to apply the rating scales set out below. The sustainability and risks to development outcomes will be assessed descriptively, i.e. rating is not required; however, the main risks and enabling factors should be clearly identified and prioritized.
The FE will assess the extent to which the project objectives, design and focus are relevant to the identified problem and needs. It will also assess how the project interventions approached are realistic, appropriate, and responsive to changes for achieving project objectives. Thus, the Relevance of objectives assesses: (i) the alignment with the partnership framework of the World Bank and PERSGA and pertaining development strategy at the time the operation is closed; (ii) appropriateness of the PDO given the client’s implementation capacity; and (iii) the extent to which the PDO was responsive to the changing circumstances. The explanation of the alignment of the PDO includes a description of the development problem the project sought to address and how this problem was addressed through the project’s interventions given the context and existing capacity.
Rating: Considering the above, the Relevance of PDO will be rated using a four-point scale, including High, Substantial, Modest, and Negligible, as follows
High: | Full alignment with the priorities of the regional framework and development strategy; PDO was appropriately pitched and responsive to changing circumstances |
Substantial: | Largely aligned with the priorities of the regional framework and development strategy, with minor shortcomings in appropriateness or responsiveness. |
Modest: | Partial alignment with the priorities of the regional framework and development strategy, or notable shortcomings in appropriateness or responsiveness |
Negligible: | Very limited alignment with the priorities of the regional framework and development strategy, with major shortcomings in appropriateness or responsiveness |
2.2.2 Efficacy
Assessing the project Efficacy is the core section in this Final Evaluation, as well as in the Learning and Results Note (LRN) for Investment Project Financing Operation of the World Bank. Efficacy is defined as the extent to which the project objectives were achieved, or are expected to be achieved, and that achievement is attributable to the activities or actions supported by the project, or to what extent the project’s activities contributed to the achievement of the objective(s). The PDO statement conveys the benefits (changes) expected to flow to the beneficiaries, expressed in terms of development outcomes, rather than stating financed activities and outputs. Thus, to examine the project Efficacy, the FE will consider several aspects, such as:
Rating: Considering the above, the project Efficacy will be rated using a four-point scale, including High, Substantial, Modest, and Negligible, as follows:
High: | The Project fully achieved or exceeded its objectives (or intended outcomes) or is likely to do so |
Substantial: | The Project almost fully achieved its objectives (or intended outcomes) or is likely to do so |
Modest: | The Project partly achieved its objectives (or intended outcomes) or is likely to do so |
Negligible: | The Project barely achieved its objectives (or intended outcomes) or is likely to do so |
2.2.3 Efficiency
The FE will assess the efficiency of the project implementation with regard to:
Rating: Considering the above, the project Efficiency will be rated using a four-point scale, including High, Substantial, Modest, and Negligible, as follows:
High: | Efficiency exceeds expectations |
Substantial: | Efficiency is what would be expected in the project/ operation’s sector. |
Modest: | Efficiency is below expectations in the project/ operation’s sector. |
Negligible: | Efficiency is very low in comparison with both the benefits (if any) and with recognized norms in the project/ operation’s sector. |
2.2.4 Overall Outcome
This FE will assess the Overall Outcome in a very brief (1-2 sentences) description. This will be based on the integrated assessment of Relevance, Efficacy, and Efficiency above.
Rating: Overall Outcome rating is derived by combining the assessments of Relevance, Efficacy, and Efficiency, using a 6-point scale, as follows:
Highly Satisfactory: | There were no shortcomings in the project’s achievement of its objectives, in its efficiency, or in its relevance |
Satisfactory: | There were minor shortcomings in the project’s achievement of its objectives, in its efficiency, or in its relevance |
Moderately Satisfactory: | There were moderate shortcomings in the project’s achievement of its objectives, in its efficiency, or in its relevance |
Moderately Unsatisfactory: | There were significant shortcomings in the project’s achievement of its objectives, in its efficiency, or in its relevance |
Unsatisfactory: | There were major shortcomings in the project’s achievement of its objectives, in its efficiency, or in its relevance. |
Highly Unsatisfactory: | There were severe shortcomings in the project’s achievement of its objectives, in its efficiency, or in its relevance |
2.2.5 Sustainability and Risks to Development Outcomes
The FE will assess how sustainability issues were considered in the project design, planning and implementation, examining:
2.3 Key Evaluation Questions
Articulating the above, the following core questions can guide assessments in the FE. The consultant may refine, add to and operationalize for the inception report and evaluation matrix, which will be subject to agreement with PERSGA:
3. Expected Deliverables
The following deliverables are expected (see schedule of deliverables below):
3.1 Inception report
The FE consultant will prepare an inception report, which details his/her conception of the assessment, the approach and how the evaluation questions will be addressed. This is to ensure that the evaluator and the stakeholders have a shared view of the assessment. The inception report will include an evaluation matrix summarizing the evaluation design, methodology, questions, data sources, collection and analysis tools, and measures by which questions will be evaluated. The report will include the scope of work, work plan, timeframe after starting the evaluation process. The inception report should include a proposed schedule of tasks; activities and deliverables, with clear responsibilities for each task or product. The inception report will be discussed and agreed upon with PERSGA and project stakeholders.
3.2 Draft assessment report
The FE consultant will prepare a draft Project Assessment Report, cognizant of the proposed format of the report and checklist used for the assessment (outlined in 3.3 below). The draft report will be submitted to PERSGA for review and comments by its review panel and stakeholders, and to validate that the evaluation considered all relevant information and meets the required approach and quality criteria. The report will be produced in English. PERSGA is responsible for ensuring timely arrangement for the review and validation of the report involving stakeholders’ remarks within the allocated time-frame. Within undertaking the assessment and preparation of the draft report, the consultant is expected to carry out field mission to the region in order to collect and confer data and information.
The assessment report should provide extra detailed information as annexes, such as tables with Indicator> Baseline> Target> Actual> Assessment of Achievement, and other similar data. The appraisal should also discuss whether indicators were appropriate measures of the intended outcomes.
3.3 Final FE Report and regional workshop
The consultant shall consider above comments on the draft report to develop the final assessment report. The content and the structure of the final analytical report with findings, recommendations and lessons learnt should cover the above scope of the evaluation and should meet the requirements of M & E for PERSGA and World Bank. Following clearance of the assessment report, the consultant will be invited to participate and present assessment findings and recommendations in the project FE regional workshop.
The content is expected to include (at least) the following:
3.4 Tentative schedule of the consultancy Deliverables
Deliverable | Time Frame |
Inception Report | Within one week after signing of contract |
Review and agreement on Inception Report | Within one week after submission of the report |
Draft Assessment Report (including field mission) | Within six weeks after approval of the inception report |
Review of Draft Assessment Report | Within two weeks after submission of the draft report |
Final Report with review comments addressed | Within two weeks after receiving PERSGA comments on draft report |
Presentation of the key findings and recommendations in FE regional workshop | Within a month from clearing the Final Report |
4. Management, Coordination and PERSGA Inputs
4.1 Supervision and review of deliverables
The consultant will report to the designated PERSGA Project Coordinator/official responsible for the SFISH Regional Component. PERSGA will designate a review panel for the assignment and will provide consolidated comments on deliverables within the review periods stated in Section 3.4. Acceptance of deliverables will be based on conformity with this TOR, the agreed inception report and evaluation matrix, and applicable PERSGA and World Bank requirements.
4.2 PERSGA inputs and facilitation
PERSGA will facilitate the assignment by providing or arranging timely access, subject to applicable confidentiality requirements, to relevant project documentation and data, including the Project Appraisal/implementation documents, Results Framework data, progress and financial reports, procurement information, M&E records, aide-memoires, activity reports, technical outputs and other relevant project records. PERSGA will also facilitate contact with National Coordinators, Focal Points and other key stakeholders and support coordination of mission meetings and the regional workshop.
4.3 Independence, confidentiality and conflict of interest
The consultant shall conduct the evaluation independently, impartially and with professional integrity. Any actual, potential or perceived conflict of interest shall be disclosed promptly to PERSGA. Information obtained through the assignment shall be treated confidentially where appropriate, and stakeholder views shall be presented in a manner that protects respondents where confidentiality has been requested. Evaluation findings and ratings shall be evidence-based and shall remain the professional responsibility of the consultant.
5. Type of contract, duty station and payment
This contract falls under short-term consultant category system of PERGSA. It is on a lump sum basis, and payment will be in instalments linked with deliverables as specified below.
The consultant will work from homebase, where he/she has access to the relevant technical literature, to prepare for the evaluation. The consultant will undertake a mission to PERSGA region to conduct field assessments and establish required arrangement and networking with review team at PERSGA, and undertaking interviews with relevant participants/beneficiaries, examine project outputs; review & update input information/data, and discuss, thematic approach, layout, analysis results, content, etc. of the draft document.
The payment instalments will be owed as follows:
6. Required qualifications/expertise and application procedure
Qualified candidates are requested to submit their updated CVs, together with expression of interest (EOI) to PERSGA in Jeddah, Kingdome of Saudi Arabia, at the email address: sourcing@persga.org. Deadline for receiving application is 26 September 2026.
"},{"id":"OP00468303","notice_type":"Request for Expression of Interest","noticedate":"11-Sep-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-25T00:00:00Z","submission_deadline_time":"00:00","project_ctry_name":"Eastern and Southern Africa","project_id":"P175731","project_name":"SADC Regional Statistics Project","bid_reference_no":"BW-SADC-563157-CS-CQS","bid_description":"Training in Poverty Statistics","procurement_group":"CS","procurement_method_code":"CQS","procurement_method_name":"Consultant Qualification Selection","contact_address":"Plot 54385, New CBD, Private Bag 0095, Gaborone","contact_ctry_name":"Botswana","contact_email":"djagai@sadc.int","contact_name":"Deepchandsingh Jagai","contact_organization":"Southern African Development Community","contact_phone_no":"3641623","contact_web_url":"https://www.sadc.int/procurement-opportunities.","submission_date":"2026-09-11T00:00:00Z","notice_text":"
SADC SECRETARIAT
REQUEST FOR EXPRESSION OF INTEREST (CONSULTANT QUALIFICATIONS-BASED SELECTION- CQS) SHORTLISTING
COUNTRY: Botswana
NAME OF PROJECT: REGIONAL STATISTICS PROJECT (RSP)
PROJECT ID: P175731
ASSIGNMENT TITLE: CONSULTANCY TO HIRE A FIRM FOR UNDERTAKING TRAINING AND TECHNICAL ASSISTANCE FOR COMPUTATION AND ANALYSIS OF POVERTY STATISTICS - MULTIDIMENSIONAL POVERTY INDEX (MPI) METHOD FOR TEN SADC MEMBER STATES
REFERENCE NUMBER: SADC/3/5/2/461
DATE OF ISSUE: 10th September 2026
Background
The SADC Secretariat through the Regional Statistics Project has received a grant. The aim of this grant is to strengthen the institutional capacity of SADC and participating countries to produce, disseminate and use quality statistics while increasing regional harmonization and collaboration.
The Regional Infrastructure Development Master Plan (RIDMP), the SADC Regional Agricultural Policy (RAP), the Industrialisation Strategy and the Roadmap, among others, are complementary guiding frameworks for achieving the regional integration agenda. SADC has also developed various Protocols for domestication and implementation by Member States including the most recent one, the Protocol on Statistics, to enhance harmonization of statistics. The operating framework for implementing statistical activities as priorities for the region is the Regional Strategy for Development of Statistics (RSDS) and is aligned to SADC Vision 2050 and RISDP 2020-30.
Demand for quality and harmonized statistics has been on the rise to monitor progress in developmental agendas at national, regional, continental, and global level. The scope of data demand cuts across economic, social, and on emerging issues such as climate change, disaster-risk, environment and others related.
The SADC Secretariate intends to apply part of the proceeds of this financing to eligible payments under the contract for hiring a CONSULTANCY TO HIRE A FIRM FOR UNDERTAKING OF TRAINING AND TECHNICAL ASSISTANCE FOR COMPUTATION AND ANALYSIS OF POVERTY STATISTICS - MULTIDIMENSIONAL POVERTY (MPI) METHOD FOR 10 SADC MEMBER STATES
The SADC Secretariat invites submissions from suitably qualified and interested firms to conduct the trainings, recruited following World Bank Procurement Regulations dated September 2023.
Title : CONSULTANCY TO HIRE A FIRM FOR UNDERTAKING OF TRAINING AND TECHNICAL ASSISTANCE FOR COMPUTATION AND ANALYSIS OF POVERTY STATISTICS - MULTIDIMENSIONAL POVERTY INDEX (MPI) METHOD FOR 10 SADC MEMBER STATES
Accountable : Senior Officer, Research and Statistics
Duration of Assignment: 20 months
The firms will be shortlisted using the following criteria:
Evaluation Criteria | Points |
Firm specific experience related to the assignment | 40 |
Availability of Qualified and Experienced Experts | 60 |
Total | 100 |
by 00.00 hours midnight Botswana time on 25 September 2026 and should mention the name of the consultancy assignment. CONSULTANCY TO HIRE A FIRM FOR UNDERTAKING OF TRAINING AND TECHNICAL ASSISTANCE FOR COMPUTATION AND ANALYSIS OF POVERTY STATISTICS - MULTIDIMENSIONAL POVERTY INDEX (MPI) METHOD FOR 10 SADC MEMBER STATES
Firms are advised to submit their proposals during working hours for support in case of any technical problems. Expressions of Interest must be submitted as one PDF file or zipped folder bearing the name of the applicant.
The Procuring entity: SADC Secretariat
Head of Procurement Unit
Telephone: +267 364 1989 / 3951863
Fax: 3972848
E-mail: mmikuwa@sadc.int
Copy to: djagai@sadc.int; tchabwera@sadc.int
Annex 2 Detailed TORs
TERMS OF REFERENCE
CONSULTANCY TO HIRE A FIRM FOR UNDERTAKING OF TRAINING AND TECHNICAL ASSISTANCE FOR COMPUTATION AND ANALYSIS OF POVERTY STATISTICS - MULTIDIMENSIONAL INDEX (MPI) METHOD FOR 10 SADC MEMBER STATES
1. BACKGROUND INFORMATION
1.1 Background
The Southern African Development Community (SADC) is a regional community of 15 Southern African states comprising Angola, Botswana, Comoros, DRC, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Tanzania, Zimbabwe and Zambia. It was established at the Summit of Heads of State and Government on 17 August 1992 in Windhoek, Namibia.
SADC foundation under Vision 2050 is to attain higher levels of peace and stability, enabling the further prioritisation, pursuit, and achievement of its objectives of socio-economic development, poverty eradication and regional integration.
Poverty eradication and improvement of the well-being of the people of the Southern African Development Community (SADC) region through regional integration and cooperation remain the ultimate goal for the region. The long-term objective of SADC is to reduce poverty in the region through economic growth as well as peace, democracy and stability. Specific objectives of SADC pertaining to poverty as outlined in the Treaty establishing SADC in Article 5 are stated as follows:
Recognising that poverty remains the greatest challenge confronting the SADC region, a Consultative Conference on Poverty and Development for SADC Heads of State and Government was convened in Mauritius in 2008. The objective of the conference was to intensify dialogue on regional dimensions of poverty, strengthen collective efforts to address poverty through regional cooperation and integration and to continue dialogue on the partnerships necessary to accelerate the achievement of the Millennium Development Goals (MDGs). The main outcome of the conference was the signing of a Declaration on Poverty Eradication and Sustainable Development by the Heads of State and Government. Among others, the Heads of State and Government resolved to:
With regard to monitoring progress in poverty eradication initiatives, the Declaration further highlighted on the need to work towards the establishment of a Regional Poverty Observatory (RPO) to monitor progress made in the implementation of actions in the main priority areas of poverty eradication. It also noted the need to acquire and develop adequate capacity both at the Secretariat and Member States level to ensure effective implementation of poverty eradication programmes.
While poverty has traditionally been measured in terms of income – now classified by the World Bank as living on less than $2.15 a day PPP 2017 – the SDGs define poverty as having multiple forms, with a target to reduce at least by half the proportion of men, women and children of all ages living in poverty in all its dimensions by 2030. To date, most countries use a national monetary poverty measure for policy decisions. Recently, a number of policy makers have adopted official multidimensional measures that: (1) analyse non-monetary deprivations and their interconnections; (2) enable the creation of high-impact policies that address multiple interconnected deprivations and accelerate progress towards the SDGs, and (3) guide policy and provide feedback in a timely manner.
The Multidimensional Poverty Index (MP)I can be used as an analytical tool to identify the most vulnerable people, show aspects in which they are deprived and, consequently, to target resources and design policies more effectively. Because the MPI measures outcomes directly, it will immediately reflect changes such as school attendance, whereas it can take time for this to affect income, thus may show outcomes of effective policy interventions quickly.
Finally, in the understanding that each country is different, the MPI can be tailored to local context using country-specific data and indicators to provide a better understanding of country-level poverty. As of 2022, around 40 countries in the developing world have developed and adopted national MPIs as official measure to track progress and coordinate policy actions against poverty. In SADC specifically, 9 out of 16 member states have produced national MPIs.
Following this trend, countries with national MPIs are now currently using their Indices to:
• Allocate resources more effectively;
• Improve policy design;
• Identify interconnections among deprivations;
• Monitor the effectiveness of policies over time;
• Target poor people as beneficiaries of services or conditional cash transfers.
1.2 Current situation in the Sector
The SADC Vision 2050 earmarks Statistics a priority cross-cutting sector whereby by 2050, the region strategic objective in statistics is to realize a robust and responsive regional statistical system to underpin regional integration processes, including measurement of progress and impact. The SADC RISDP 2020-30 draws impetus from the Vision 2050 and thereby identify key intervention areas to achieve the expected outcome of enhanced statistical infrastructure, systems, and capacity across the region for production and effective use of harmonized regional statistics. The key intervention areas include primarily the development and implementation of policy and legal frameworks for coordinating regional statistics and capacity across the entire data value chain of the regional statistical system strengthened.
Article 11 of the SADC Protocol on Statistics refers explicitly to poverty statistics. Specifically, Member States shall produce and disseminate Multidimensional Poverty Index (MPI) by gender and age in accordance with the United Nations Development Programme (UNDP) Handbook on How to Build a National MPI built with dimensions of health, education, standard of living and other dimensions tailored to their national priorities, as a common regional methodological framework to produce national and regional poverty statistics. The SADC Regional Strategy for Development of Statistics (RSDS 2020 – 30) is designed as a sectoral strategy to be responsive to data needs to pertaining to measurement of regional policies and programmes of the RISDP 2020 – 30 in pursuit to the goals of the SADC Vision 2050. The RSDS focuses of developing harmonized methodological guidelines in statistics and rolling out of capacity building and subsequent assessment/reviews including in poverty statistics.
The Regional Strategy for Development of Statistics (RSDS) 2020-30 is complementary sectoral strategy for achieving regional integration as embedded in RISDP 2020-30, for statistics sector. In line with the strategic objective, expected outcome, implementation plan and strategic outputs of Statistics as embedded in RISDP 2020-30, the 6 identified strategic intervention areas of RSDS 2020-30 priorities for implementation are as follows:
(i) Policy frameworks for development of regional statistics;
(ii) Institutional strengthening and sustainability of the SADC Regional Statistical System;
(iii) Harmonization of regional statistics;
(iv) Digital transformation of regional statistics;
(v) Capacity for data production, management, dissemination and use; and
(vi) Quality of regional statistics.
At statutory level, the SADC Statistics Committee, comprising of Head of Statistics in the SADC Member States provides policy, strategic and professional guidance for the statistical development and integration processes in the region. The Committee meets at least once a year and monitor progress in the SADC Statistics Program and oversee the implementation of statistical development. The Statistics Unit of Secretariat primary function is to co-ordinate and rationalize all regional statistical activities in line with continental and international statistical frameworks and provides technical and secretarial support to the Statistics Committee. The Committee reports directly to the SADC Council of Ministers.
SADC Secretariat, with the support from the World Bank Group is currently implementing the Regional Statistics Project (RSP) with the development objective to strengthen the institutional capacity of SADC and participating countries to produce, disseminate and use quality statistics while increasing regional harmonization and collaboration. Among the scope of interventions in this project, capacity building in the area of poverty statistics features importantly for both monetary and non-monetary measures. A significant milestone was reached in December 2024 where the SADC MPI structure was discussed and agreed. Furthermore, recommendation was made for undertaking of in-depth national trainings in MPI and technical assistance for generation of MPI using real survey data. It is within this context that this consultancy is looking for a firm (registered firm, research institutions, universities and similar institutions are eligible for the current assignment) to undertake the following core tasks that are mutually exclusive to each other in 10 Member States:
2. OBJECTIVE, PURPOSE & EXPECTED RESULTS
2.1 Overall objective
The overall objective of this consultancy is to enhance the capacity of statisticians in SADC Member States to effectively utilize the MPI as a comprehensive tool for policy development and poverty reduction. By providing in-depth capacity-building workshops and targeted technical assistance, this initiative aims to equip national teams with the necessary skills and knowledge to compute, analyze, and interpret their national MPIs and SADC harmonized MPIs. This, in turn, will enable them to develop evidence-based policies that address the multiple dimensions of poverty, thereby contributing to the achievement of their national development plans, SADC Vision 2050 and Sustainable Development Goals (SDGs).
2.2 Specific Objectives (Purpose)
(i) Conduct in-depth national trainings on the computation and use of the MPI (including using STATA software) for selected Member States;
(ii) Provide technical assistance (TA) to selected Member States to compute national and SADC harmonized MPIs based on available survey and/or administrative data; and
(iii) Assess gaps during training and/or technical assistance (TA) sessions, and identify the necessary support required to ensure Member States produce the SADC harmonized MPIs.
2.3 Results to be achieved by the contractor
The consultancy is expected to achieve the following results:
ii. Technical Assistance Component: Report covering the scope of work undertaken for generation of national and SADC Harmonized MPIs using real survey and/or administrative data including work processes/documentation for use by the NSO in the foreseeable future.
3. ASSUMPTIONS & RISKS
3.1 COMPONENT 1: NATIONAL TRAINING
3.1-1 Scope of Work
The selected service provider is expected to deliver for respective Member State a week-long (5 day) in-person technical training workshop to build capacity among statisticians and users of poverty statistics in the technical team in charge of computations of the national MPI. The training will include concepts and definitions of MPI including on the structure of SADC harmonized MPI with practical exercises using STATA software. This is key for the understanding of the Alkire-Foster method and how to use it to design, compute and analyse the national MPI.
3.1-2 Geographical area to be covered
The assignment will be carried out in selected Member States of SADC region
3.1-3 Target groups
This consultancy is expected to target producers and users of poverty statistics at national level.
3.1-4 Specific Work
The assignment will be carried out primarily through engagement and discussions with Central Statistics Office of respective Member State and the Statistics Unit of SADC Secretariat.
The assignment will be carried out primarily in person. This will be complemented by preparatory work for the workshops which will be home-based. In particular, the service provider shall:
3.2 COMPONENT 2: TECHNICAL ASSISTANCE
3.2-1 Scope of Work
The selected service provider is expected to generate and analyse poverty indicators from mostly recent available survey and/or administrative data for the specific Member State (5 days). In addition, assessment about the structure of the SADC harmonized MPI also must be done using the survey/administrative data availability. A report must be produced with main findings of the survey data that includes work processes using STATA package as part of documentation.
3.2-2 Geographical area to be covered
The assignment will be carried out in selected Member States of SADC region
3.2-3 Target groups
This consultancy is expected to target producers and users of poverty statistics at national level.
3.2-4 Specific Work
The assignment will be carried out primarily through engagement and discussions with Central Statistics Office of respective Member State and the Statistics Unit of SADC Secretariat.
The assignment will be carried out primarily in person. This will be complemented by preparatory work for the workshops which will be home-based. In particular, the service provider shall:
4. QUALIFICATIONS AND EXPERIENCE
This assignment is expected to be carried out by firm consultant. The firm should have proven track record of 10 years of conducting large-scale socio-economic research and providing technical support on computation of poverty statistics, focusing on multidimensional poverty studies at national, regional and global level. The composition of the technical experts has to include:
Profiles of Experts | Qualifications and Skills | General Experience | Specific Experience |
Team Leader |
|
|
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Technical Expert |
|
|
|
The experts must be independent and free from conflicts of interest in the responsibilities they take on.
5. REPORTING REQUIREMENTS AND TIME SCHEDULED FOR DELIVERABLES
5.1 Reporting requirements
The consultant shall operate under the guidance of the Director – Policy Planning and Resource Mobilization (D-PPRM) and direct supervision of the Senior Programme Officer (SPO) – Research and Statistics.
All the deliverables shall be delivered to the SPO – Research and Statistics whilst the approval of the deliverables shall be the responsibility of the D-PPRM.
All reports shall be in electronic format in MS Word, Excel, STATA or others related as the case may be. The Firm shall work with the Secretariat with specific Member State sequentially. Once a training and/or a Technical Assistance is completed in a given Member State, the consultancy shall then proceed to the delivery of activities in the next Member State sequentially till all 5 Member States are covered. A maximum of 5 training and 5 technical assistance activities shall be made during the financial year ending March 2026. The following deliverables must be delivered the following in electronic format within 1 month after completion of each training and/or technical assistance per Member State being assisted:
Name of report | Content | Time of submission |
Training Report | Document to cover results stated at 2.3 and tasks 3.1 above. The recommendations must be SMART and that can be embedded in a results-based framework for monitoring and evaluation to measure impact of the activity. | 1 month (30 calendar days) after completion of training component of 1 Member State |
Technical Assistance Report | Document in line with 2.3 and 3.2 above. The recommendations must be SMART and that can be embedded in a results-based framework for monitoring and evaluation to measure impact of the activity. | 1 month (30 calendar days) after completion of technical assistance component of 1 Member State |
5.2 Submission & approval of reports
Two copies of the reports referred to above must be submitted to the entities as identified at 5.1 above. The reports must be written in English.
5.3 Project Management
Overall responsibility for direct supervision of the consultancy will lie with the Senior Programme Officer – Research and Statistics. The Consultant shall be responsible for the operational day-to-day management and coordination of the consultancy work.
5.4 Management Structure
The Consultant shall report directly to the Senior Programme Officer – Research and Statistics
6. LOGISTICS AND START DATE
6.1 Location
The assignment will involve traveling to selected Member States.
6.2 Office accommodation
None required
6.3 Facilities to be provided by the contracting authority
For the expert working on this consultancy, the Contracting Authority shall facilitate for visa entry in the selected Member States, if required.
6.4 Facilities to be provided by the contractor
The contractor must ensure is the Team Leader and Technical Expert are adequately prepared and equipped for delivery of the training and drafting of deliverables. Moreover, the Consultancy Firm is expected to be fully self- sufficient in terms of international travel associated expenses in the selected Member States with laptop and related device connectivity for projector for this consultancy.
6.5 Equipment
No equipment is to be purchased on behalf of the contracting authority / procuring entity as part of this service contract or transferred to the contracting authority / procuring entity at the end of this contract. Any equipment related to this contract that is to be acquired by the procuring entity must be purchased by means of a separate supply tender procedure.
6.6 Start date and period of implementation
The intended start date is as soon as both parties have signed the contract agreement and the period of implementation of the contract will be 20 months from the date of signing the agreement. Please see Article 3 of the specific contract for the actual start date and period of implementation.
7. MONITORING AND EVALUATION
7.1 Definition of indicators
The indicators to be used are timeliness, technical coverage and analytical quality of the Report as detailed in section 5 above. In addition, assessment of the effectiveness of the training to be done using pre and post test surveys with recipients of the capacity building activity.
7.2 Special requirements
The Consultant Firm must declare any potential conflict of interest between the provision of the requested services, and other activities in which a member of their consortium of group(s), or any expert proposed in their offer is engaged.
8. ASSUMPTIONS AND RISKS
8.1 Assumptions underlying the project
It assumed that the consultant would be procured within the reasonable timeframe and activities implemented within 20 months.
8.2 Risks
The nature of the assignment presents negligible risks associated with the consultancy. Some of the foreseen risks are the following:
Possible risks | Risk Level | Mitigation Measures |
| Medium | Monitor implementation and delivery of outputs through monthly technical meetings |
9. FINANCIAL PROPOSAL
The financial proposal should be a lump sum that includes professional fees, travel costs and any other cost for conduct of the trainings in 10 countries with the split of fees individually for the 10 countries.
9.2 Schedule of payment
Payments for the assignment shall be related to the reports and their approval as follows:
10% of the contract price shall be paid upon submission and approval of the inception report and training materials
9% of the contract price shall be paid upon submission and approval of the Training Report for the first Member State trained
9% of the contract price shall be paid upon submission and approval of the Training Report for the second Member State trained
9% of the contract price shall be paid upon submission and approval of the Training Report for the third Member State trained
9% of the contract price shall be paid upon submission and approval of the Training Report for the fourth Member State trained
9% of the contract price shall be paid upon submission and approval of the Training Report for the fifth Member State trained
9% of the contract price shall be paid upon submission and approval of the Training Report for the sixth Member State trained
9% of the contract price shall be paid upon submission and approval of the Training Report for the seventh Member State trained
9% of the contract price shall be paid upon submission and approval of the Training Report for the eight Member State trained
9% of the contract price shall be paid upon submission and approval of the Training Report for the ninth Member State trained
9% of the contract price shall be paid upon submission and approval of the Training Report for the tenth Member State trained
"},{"id":"OP00468332","notice_type":"Request for Expression of Interest","noticedate":"11-Sep-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-25T00:00:00Z","submission_deadline_time":"15:00","project_ctry_name":"Lebanon","project_id":"P180334","project_name":"Lebanon Green Agrifood Transformation for Economic Recovery (GATE)","bid_reference_no":"LB-KAFALAT-571176-CS-INDV","bid_description":"Senior Credit Analyst","procurement_group":"CS","procurement_method_code":"INDV","procurement_method_name":"Individual Consultant Selection","contact_address":"Beirut, Lebanon","contact_ctry_name":"Lebanon","contact_email":"yolla@kafalat.com.lb","contact_name":"Yolla Serieddine","contact_organization":"Kafalat sal","contact_phone_no":"01346255","submission_date":"2026-09-11T00:00:00Z","notice_text":"
The Council for Development and Reconstruction (CDR), acting on behalf of the Republic of Lebanon (the Borrower), will implement the Green Agri-food Transformation for Economic Recovery (GATE) Project, financed by the International Bank for Reconstruction and Development (IBRD). The total Project cost is US$200 million, and the Project is scheduled to close in December 2028.
Under a Subsidiary Agreement signed with CDR, Kafalat S.A.L. is mandated by the Gov. of Lebanon to implement Subcomponent 1.2 and has established a Project Management Unit (PMU) responsible for the overall management and implementation of the subcomponent. Kafalat will provide direct loans to small and medium-sized enterprises (SMEs) operating in Lebanon's agri-food and agro-tourism sectors. It will also be responsible for procurement, financial management, environmental and social (E&S) risk management and safeguards compliance, monitoring and evaluation, and overall oversight of the SME lending program.
The objective of this assignment is to engage a full-time Senior Credit Analyst to support the GATE PMU Credit activities to the end of the GATE Project. The Senior Credit Analyst shall be responsible for the end-to-end credit appraisal, structuring, and recommendation of SME loan applications under Subcomponent 1.2, ensuring full compliance with the Lending Manual, Project Operations Manual (POM), and internal policies.
In order to strengthen the Project Management Unit (PMU), Kafalat is recruiting a officer to support the team in fulfilling the objectives of Sub-component 1.2 under the Gate Project. The Senior Credit Officer responsibilities will be as follows:
Overall responsibilities
The Senior Credit Analyst will serve as the primary relationship interface between Kafalat and SME clients across the full loan lifecycle, from initial outreach through to loan closure. Specific responsibilities include:
V. Reporting and Deliverables
VI. COMMENCEMENT OF ASSIGNMENT AND dURATION
The Senior Credit Analyst is expected to start his/her duties as soon as possible following contract signature. The initial Time-based contract duration is one year on a full-time basis, renewable annually based on satisfactory performance and availability of project funds.
"},{"id":"OP00467751","notice_type":"Request for Expression of Interest","noticedate":"10-Sep-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-29T00:00:00Z","submission_deadline_time":"09:00","project_ctry_name":"China","project_id":"P162178","project_name":"China Food Safety Improvement Project","bid_reference_no":"GD-FSS-GAMR-CS12","bid_description":"Guangdong Agricultural Product Quality and Safety Improvement (Demonstration) Project Information Technology Third-Party Service Package I (Supervision Services)","procurement_group":"CS","procurement_method_code":"CQS","procurement_method_name":"Consultant Qualification Selection","contact_address":"Address of EOI Submission: Huaxia Road No. 49-1, Tianhe District, Guangzhou, 51000, Guangdong, China","contact_ctry_name":"China","contact_email":"zhangzhi5@cgci.gt.cn","contact_name":"Zhang Zhi, Guo Hujun","contact_organization":"China International Tendering Co., Ltd.","contact_phone_no":"010 8116 8424","submission_date":"2026-09-10T00:00:00Z","notice_text":"
REQUEST FOR EXPRESSIONS OF INTEREST
INFORMATION TECHNOLOGY SUPERVISION SERVICES
for China Food Safety Improvement Project Guangdong Agricultural Product Quality and Safety Improvement (Demonstration) Projec
Country: People's Republic of China
Name of Project: China Food Safety Improvement Project
Loan No.: IBRD-92130
Assignment Title: Information Technology Supervision Services
Reference No.: GD-FSS-GAMR-CS12
The Guangdong Administration for Market Regulation has received financing from the World Bank toward the cost of the China Food Safety Improvement Project Guangdong Agricultural Product Quality and Safety Improvement (Demonstration) Project, and intends to apply part of the proceeds for consulting services. The total estimated amount for this project is RMB 1.6003 million.
(I) Scope of Services
The service scope of this project covers the full-process supervision services for four informatization sub-projects, specifically including:
(II) Service Content
The supervision service agency shall provide full-process supervision services for the implementation of the aforementioned four informatization sub-projects, assisting the project undertaking company and the user party in carrying out their work to ensure the achievement of the predetermined project goals. In accordance with supervision work specifications, the agency shall implement full-process control over project quality, schedule, investment, contracts, and information security. This is to ensure that the construction activities are legal, compliant, reasonable, scientific, and economical, thereby reducing project construction risks and achieving both the overall project goals and the current phase goals.
(III) Service Period
The supervision service period for this project shall commence from the date of contract signing and continue until the project closing date (March 31, 2029).
(IV) Deliverables
Reports and outcome documents shall be submitted at specified dates and frequencies, including but not limited to: Mobilization Report, Supervision Plan, Detailed Supervision Implementation Rules, Supervision Weekly Report, Supervision Monthly Report, Supervision Notice, Meeting Minutes, Special Supervision Report, Supervision Work Summary Report, Project Acceptance Report, and other materials required by the construction unit and the project implementation party.
(V) Agency Qualification Requirements
The supervision service agency must have independently undertaken no fewer than ten information system engineering supervision services within the past three years. The relevant performance records must cover core business types such as government informatization, software platform construction, system integration, and network security. These records must sufficiently demonstrate the agency's comprehensive service capability in full-process supervision and coordination for multi-domain informatization projects.
Note: The service performance records refer to contracts signed on or after January 1, 2023.
(VI) Qualifications of the Staff
No. | Expert Position | Qty. | Responsibilities | Qualifications |
1 | Chief Supervisory Engineer | 1 | Fully preside over the supervision work of this project and manage the supervisory engineer team in a comprehensive manner. Responsible for the review and evaluation of major system changes in the project, and comprehensively in charge of risk management, information security, and data security management during the project implementation. | 1. Bachelor's degree or above; |
2 | Representative of Chief Supervisory Engineer | 1 | Responsible for the supervision work designated or assigned by the Chief Supervisory Engineer. Authorized by the Chief Supervisory Engineer, exercise part of the duties and powers of the Chief Supervisory Engineer, and carry out the project supervision implementation work. | 1. Bachelor's degree or above; |
3 | Specialty Supervisory Engineer | 4 | Responsible for carrying out the implementation work of informatization project supervision. | 1. Bachelor's degree or above; |
The detailed Terms of Reference (TOR) for the assignment are attached to this request for expressions of interest.
The Guangdong Administration for Market Regulation 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 overall competence and strength of the Consultant, quality control and project management capabilities, understanding of the assignment, relevant experience and past performance, proposed team composition, preliminary work plan, and a brief technical approach. Key Experts will be evaluated at the shortlisting stage.
(VII) Contents of this Consultation
(VIII) Submission Materials
Note: All the above materials must be stamped with the official seal of the consulting agency.
Consultants shall not be hired for any assignment that would be in conflict with their prior or current obligations to other clients, or that may place them in a position of being unable to carry out the assignment in the best interests of the Borrower. Without limitation on the generality of the foregoing, Consultants shall not be hired under the circumstances set forth below:
Consultants may associate with other firms to enhance their qualifications, but should indicate clearly whether the association is in the form of a joint venture and/or a sub-consultancy. In the case of a joint venture, all the partners in the joint venture shall be jointly and severally liable for the entire contract, if selected.
A Consultant will be selected in accordance with the CQS method set out in the Procurement Regulations.
Further information can be obtained at the address below during office hours. Office hours are from 09:00 to 17:00 on working days from September 11 to September 28, 2026
Expressions of interest must be delivered in a written form to the address below (in person, or by mail, or by fax, or by e-mail) by 09:00 on September 29, 2026.
Tender Agency: China International Tendering Co., Ltd.
Attn: Zhang Zhi, Guo Hujun
Title: Project Manager
Address: Huaxia Road No. 49-1, Tianhe District, Guangzhou, Guangdong Province, China
Postal Code: 51000
Tel.: 010-81168424; 010-81168460
E-mail: zhangzhi5@cgci.gt.cn; guohujun@gt.cn
Employer: Guangdong Administration for Market Regulation
Attn: Chen Lin
Title: Special Cadre, World Bank Loan Project Office
Address: No. 363 West Huangpu Avenue, Tianhe District, Guangzhou, Guangdong Province, China
Tel.: 020-38835493
E-mail: gdsjj_xietiaoyingji@gd.gov.cn
Annex: Term of Reference (TOR)
TERM OF REFERENCE
To ensure the implementation of the World Bank China Food Safety Improvement Project Guangdong Agricultural Product Quality and Safety Improvement (Demonstration) Project Information Technology Third-Party Service Package I (Supervision Services)of the Guangdong Administration for Market Regulationand to achieve the informatization construction goals of the project, the Guangdong Administration for Market Regulation intends to engage a third-party service agency to carry out the implementation of this project.
I. Background and Description
The World Bank Loan China Food Safety Demonstration Project officially entered into force on March 21, 2024, with an implementation period until March 31, 2029. It aims to comprehensively enhance the modern governance capacity for food safety at both national and local levels. As a key implementer of this project in Guangdong Province, the Guangdong Administration for Market Regulation plans to apply for a World Bank loan of 10 million US dollars and will precisely support the achievement of the project goals through the construction of six core sub-projects:
i. Develop a full-chain traceability platform for "coding, tracing, and recalling" food in key areas, enabling whole-process traceability and risk early warning with 15 functional modules and 359 functional points;
ii. Build the "Internet + Clear Kitchen and Bright Stove" system under the Guangdong Food Safety initiative, covering intelligent video supervision of scenarios such as elderly care and campus canteens;
iii. Upgrade and transform the emergency real-time dispatching and command system, and improve the accident emergency response mechanism;
iv. Carry out a capacity improvement project for food-related personnel in the market supervision field, including the development of a learning and assessment system, the production of 75 course videos, and the organization of skill competitions;
v. Establish a high-quality food standard system and conduct promotion activities, developing no less than 30 standards and carrying out quality monitoring within two years;
vi. Provide professional consulting services throughout the entire project implementation process.
To ensure the high-quality implementation of the above-mentioned construction content, we plan to refer to advanced practices from other World Bank projects to further optimize procurement management and improve service coordination efficiency; in the next phase of actual procurement operations, while keeping the total project budget unchanged, we intend to integrate the supervision services of the four projects—the "Coding, Tracing, and Recalling" Full-Chain Traceability Platform Project for Food in Key Areas (or Key Varieties), the Guangdong Food Safety "Internet + Clear Kitchen and Bright Stove" System Construction Project, the Emergency Real-Time Dispatching and Command System Upgrade, Transformation, and Operation Project, and the Capacity Improvement Project for Food-Related Personnel in the Market Supervision Field—into a single package for unified procurement and management, so as to ensure the smooth achievement of the project's construction goals.
II. Objectives
To ensure the high-quality implementation of the informatization sub-projects under the World Bank Loan Guangdong Agricultural Product Quality and Safety Improvement (Demonstration) Project, third-party supervision services will be provided throughout the entire process for four informatization sub-projects: the "Coding, Tracing, and Recalling" full-chain traceability platform, the "Internet + Clear Kitchen and Bright Stove" intelligent supervision system, the emergency real-time dispatching and command system, and the learning and assessment system for capacity improvement of food-related personnel. Through full-cycle, closed-loop management and control covering quality, progress, investment, changes, contract compliance, safety, intellectual property, multi-party collaboration, and documentation during project construction, we will ensure that project construction activities are legal, compliant, economical, and scientific; strictly control risks such as project overspending, delays, and quality defects; and guarantee the project is completed with high quality within the agreed schedule and budget. With the core goal of comprehensively enhancing modern governance capacity for food safety, we will build a full-chain management mechanism covering risk identification, early warning response, and closed-loop disposal through the system construction and coordinated advancement of the informatization sub-projects. This will provide a solid data foundation and institutional guarantee for the scientific calculation of the "proportion of early warnings for which mitigation measures have been initiated," realize systematic training for food safety inspectors and supervisors while quantifying the participation ratio of female supervisors, comprehensively improve the quality and management level of project implementation, ensure that the collection, accounting, and reporting of all indicator data comply with World Bank standards, and help promote the efficient implementation of the World Bank project.
III. Service Overview
The total estimated amount for this project is RMB 1.6003 million.
(I) Scope of Services
The service scope of this project covers the full-process supervision services for four informatization sub-projects, specifically including:
(II) Service Content
The supervision service agency shall provide full-process supervision services for the implementation of the aforementioned four informatization sub-projects, assisting the project undertaking company and the user party in carrying out their work to ensure the achievement of the predetermined project goals. In accordance with supervision work specifications, the agency shall implement full-process control over project quality, schedule, investment, contracts, and information security. This is to ensure that the construction activities are legal, compliant, reasonable, scientific, and economical, thereby reducing project construction risks and achieving both the overall project goals and the current phase goals.For details:
Adopt a full-process control mechanism of pre-prevention, in-process management and control, and post rectification. Control the quality of system development in accordance with regulatory standards, project contracts and design documents; regularly review project documents, issue supervision briefs and conduct quantitative evaluation; assist in reviewing design schemes and software selection, and supervise software testing, installation and commissioning links; formulate project acceptance standards and disposal plans, urge the implementation unit to rectify quality defects and follow up the operation and maintenance services during the warranty period. Simultaneously control the training quality, review the training plan, supervise the implementation of training and recheck the training summary.
Establish a standardized project meeting mechanism, organize weekly meetings, demand coordination meetings, technical special meetings, problem notification meetings and phased acceptance meetings, and completely retain meeting minutes; coordinate the work relations among the construction unit, business departments, development and implementation units and software and hardware suppliers, and build a normalized communication channel; coordinate to solve various problems such as demand differences, development (stuck points), testing disputes, etc., and simultaneously implement the project safety supervision objectives.
(III) Service Period
The supervision service period for this project shall commence from the date of contract signing and continue until the project closing date (March 31, 2029).
IV Deliverables, Result Review and Acceptance
a.Deliverables
Supervision Service Institution’s Key Report Deliverables During the Project Implementation Periodfor details,
NO. | Report Name | Submission Date/Frequency | Note |
1 | Site Entry Report | Submitted within the specified time limit after the contract is signed | Clarify the implementation plan for each work item |
2 | Supervision Plan | In the early stage of project initiation | Compiled under the organization of the Chief Supervision Engineer, reviewed by the company's technical department, and then submitted to the construction unit |
3 | Supervision Implementation Rules | In the early stage of project initiation | Compiled by the Professional Supervision Engineer, approved by the Chief Supervision Engineer, and then submitted to the construction unit |
4 | Weekly Supervision Report | One copy submitted per week | Report on project dynamics, supervision status, existing problems and suggestions |
5 | Monthly Supervision Report | One copy submitted per month | Report on project dynamics, supervision status, existing problems and suggestions |
6 | Supervision Notice | One copy submitted each time it is issued | After obtaining the consent of the construction unit, issue supervision instructions to the project implementation party |
7 | Meeting Minutes | One copy submitted after each meeting | Cover project regular meetings, coordination meetings, technical seminars, etc., and distributed to all participating units |
8 | Special Supervision Report | Submitted according to the actual needs of the project | Special report or suggestion submitted to the construction unit for specific project situations |
9 | Materials requiring approval by the construction unit | Submitted according to the actual project milestones | Including engineering changes, implementation plans, various progress schedules, project progress payments, opinions on quality accident handling, construction period extension reports, etc. (the supervisor shall issue opinions first) |
10 | Other materials declared by the project implementation party | Submitted according to the actual project milestones | Other materials declared by the project implementation party that require approval by the construction unit |
11 | Materials requiring joint review and signature by multiple parties | Submitted according to the actual project milestones | Materials requiring joint review and signature by the construction unit, supervisor, implementation party and other parties |
12 | Supervision Work Summary Report | Submitted before the end of the contract | Including project implementation overview, supervision contract performance, control status from various dimensions, supervision work effectiveness, summary evaluation and suggestions, etc. |
13 | Project Acceptance Report | Submitted when the supervised project passes acceptance | After the supervised project passes acceptance, a formal acceptance report is formed |
14 | Other Service Deliverables | Output as needed | Other materials required by the construction unit |
b. Result Review and Acceptance
After the Project Office reviews and approves the deliverable reports submitted by the supervision service agency, for the deliverable documents that need to be submitted to the World Bank for review in accordance with regulations, the supervision service agency shall cooperate with the Project Office to complete the submission. The phased deliverable shall be formally considered completed only after obtaining the World Bank's no-objection opinion. All deliverable reports must fully conform to the service content specified in this Terms of Reference, with standardized format, complete content, and true and accurate data.
V Agency and Personnel Qualification Requirements
a. Agency Qualification Requirements
The supervision service agency must have independently undertaken no fewer than ten information system engineering supervision services within the past three years. The relevant performance records must cover core business types such as government informatization, software platform construction, system integration, and network security. These records must sufficiently demonstrate the agency's comprehensive service capability in full-process supervision and coordination for multi-domain informatization projects.
b. Personnel Qualification Requirements
NO. | Expert Position | Qty | Responsibilities | Qualifications |
1 | Chief Supervisory Engineer | 1 | Fully preside over the supervision work of this project and manage the supervisory engineer team in a comprehensive manner. Responsible for the review and evaluation of major system changes in the project, and comprehensively in charge of risk management, information security, and data security management during the project implementation. | 1. Bachelor's degree or above; |
2 | Representative of Chief Supervisory Engineer | 1 | Responsible for the supervision work designated or assigned by the Chief Supervisory Engineer. Authorized by the Chief Supervisory Engineer, exercise part of the duties and powers of the Chief Supervisory Engineer, and carry out the project supervision implementation work. | 1. Bachelor's degree or above; |
| Specialty Supervisory Engineer | 4 | Responsible for carrying out the implementation work of informatization project supervision. | 1. Bachelor's degree or above; |
VI. Facilities and Personnel Provided by the Client
To ensure the smooth implementation of the service, the Client will provide the following necessary assistance and services:
a. Relevant project documents, reports, annual work plans and other materials.
b.Designate or entrust staff to coordinate with the service provider and carry out related work.
"},{"id":"OP00468227","notice_type":"Request for Expression of Interest","noticedate":"10-Sep-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-30T00:00:00Z","submission_deadline_time":"09:00","project_ctry_name":"China","project_id":"P162178","project_name":"China Food Safety Improvement Project","bid_reference_no":"GD-FSS-GAMR-CS13","bid_description":"Guangdong Agricultural Product Quality and Safety Improvement (Demonstration) Project Information Technology Service Package II (Cybersecurity Level Protection Assessment Service and Commercial Cryptography Application Security Evaluation Service)","procurement_group":"CS","procurement_method_code":"CQS","procurement_method_name":"Consultant Qualification Selection","contact_address":"South Tower, Bld Jinbintengyue, Huaxia Road No.49-1, Tianhe District, Guangzhou, Guangdong, China","contact_ctry_name":"China","contact_email":"zhangzhi5@cgci.gt.cn","contact_name":"Zhang Zhi, Guo Hujun","contact_organization":"China International Tendering Co., Ltd.","contact_phone_no":"010 8116 8424","submission_date":"2026-09-10T00:00:00Z","notice_text":"REQUEST FOR EXPRESSIONS OF INTEREST
INFORMATION TECHNOLOGY CYBERSECURITY LEVEL PROTECTION ASSESSMENT SERVICE AND COMMERCIAL CRYPTOGRAPHY APPLICATION SECURITY EVALUATION SERVICE
for
China Food Safety Improvement Project Guangdong Agricultural Product Quality and Safety Improvement (Demonstration) Project
Country: People's Republic of China
Name of Project: China Food Safety Improvement Project
Loan No.: IBRD-92130
Assignment Title: Guangdong Agricultural Product Quality and Safety Improvement (Demonstration) Project Information Technology Third-Party Service Package II (Cybersecurity Level Protection Assessment Service and Commercial Cryptography Application Security Evaluation Service)
Reference No.: GD-FSS-GAMR-CS13
The Guangdong Administration for Market Regulation has received financing from the World Bank toward the cost of the China Food Safety Improvement Project Guangdong Agricultural Product Quality and Safety Improvement (Demonstration) Project, and intends to apply part of the proceeds for consulting services. The total estimated amount for this project is RMB 0.56 million.
(I) Scope of Service
The service scope of this project covers the Cybersecurity Level Protection Assessment and Commercial Cryptography Application Security Assessment services required for four informatization projects, specifically including:
(II) Service Contents
1. Cybersecurity Level Protection Assessment Services
Based on the assessment results of security technology and security management controls, as well as the overall system assessment, the service agency shall conduct a comprehensive assessment of the information system in accordance with the corresponding level standards and provide relevant security review opinions. This specifically includes two aspects: First, security control assessment, which primarily evaluates the implementation and configuration of basic security controls required by the cybersecurity level protection standards within the information system. Second, overall system assessment, which primarily analyzes the overall security of the information system. The security control assessment serves as the foundation for the overall security assessment of the information system.
2. Commercial Cryptography Application Security Assessment Services
The service agency shall provide security assessment services for systems upgraded with domestic cryptography. For the upgraded national cryptographic systems, the agency shall formulate an assessment plan, conduct the assessment, propose rectification opinions, and track the rectification progress in accordance with national specifications, thereby providing a basis for project acceptance. Through this assessment service, the agency will comprehensively understand the current status of cryptography application in the relevant information systems and evaluate the gap between the current status and the corresponding levels stipulated in the Information Security Technology—Basic Requirements for Cryptographic Application of Information Systems (GB/T 39786-2021). This aims to achieve the goals of promoting construction, rectification, and application through assessment. On-site assessments and technical verifications will be conducted covering physical and environmental security, network and communication security, equipment and computing security, application and data security, key management, and security management. The agency will identify weak links and potential risk hazards in cryptographic applications, propose targeted rectification recommendations, and ensure the compliance, correctness, and effectiveness of cryptographic applications. Furthermore, cryptographic security protection measures will be precisely implemented to guarantee the authenticity, confidentiality, integrity, and non-repudiation of the information systems.
(III) Service Period
The service period for this project shall commence from the date of contract signing and continue until the project closing date (March 31, 2029). The specific service timeline will be implemented in phases based on the system launch schedule of the four informatization projects.
(IV) Deliverables
The deliverables required for this project are as follows:
No. | Report | Submission Date/Phase |
1 | Mobilization Report | Within 10 working days after contract signing and system launch (subject to the actual system launch date). |
2 | Information System Rectification List | Within 10 working days after the completion of the gap assessment. |
3 | Cybersecurity Level Protection Assessment Report | For Level 3 systems: Within 15 working days after the acceptance assessment is conducted upon the user's completion of rectification to meet the acceptance requirements. For the annual re-assessment report: The annual re-assessment must be initiated 3 months before the expiration of the previous year's assessment report, and the annual assessment report must be issued before the expiration of the previous year's report. |
4 | Filing Materials and Filing Receipt | Issued within 10 working days after the assessment report is stamped by both parties and submitted online to the cyber police department. |
5 | Commercial Cryptography Application Rectification List | Within 10 working days after the completion of the gap assessment. |
6 | Commercial Cryptography Application Security Assessment Report | For Level 3 systems: Within 15 working days after the acceptance assessment is conducted upon the user's completion of rectification to meet the cryptographic assessment acceptance requirements. For the annual re-assessment report: The annual re-assessment must be initiated 3 months before the expiration of the previous year's assessment report, and the annual assessment report must be issued before the expiration of the previous year's report. |
7 | Filing Materials and Filing Receipt | Issued within 10 working days after the assessment report is stamped by both parties and submitted to the Cryptography Administration. |
Upon receiving the deliverable reports submitted by the assessment service agency, the Project Management Office (PMO) shall review them. For deliverable documents that are required to be submitted to the World Bank for review according to regulations, the assessment service agency shall assist the PMO in completing the submission. The phased deliverables shall be officially considered closed only after obtaining the World Bank's "no objection." All deliverable reports must fully align with the service content specified in this Terms of Reference (TOR). They must be standardized in format, comprehensive in content, and authentic and accurate in data.
(V) Consultant Qualification Requirements
The service agency must possess the Cybersecurity Service (Level Protection Assessment) Certification Certificate issued by the Third Research Institute of the Ministry of Public Security, as well as the Commercial Cryptography Testing Agency (Commercial Cryptography Application Security Assessment) Qualification Certificate issued by the State Cryptography Administration. Within the past three years, the agency must have independently undertaken no fewer than five service projects for Cybersecurity Level Protection Assessment and Commercial Cryptography Application Security Assessment. The relevant performance records must cover related types such as government informatization, software platform construction, system integration, and network security. These records must sufficiently demonstrate the agency's capability in compliance assessment and comprehensive security services for informatization projects.
Regarding the assessment tools required for the service agency, different testing tools shall be equipped based on the testing content of this project. Examples include comprehensive management software for level protection assessment, network security inspection and early warning management software, quality monitoring management software for level protection assessment, level protection assessment management and risk assessment software, and commercial cryptography application security assessment management systems. The service agency shall provide an equipment plan for the testing tools to be used in this project within the technical proposal. (Note: For purchased assessment tools, procurement contracts and invoices must be provided; for self-developed tools, software copyrights or relevant patent certificates must be provided).
(VI) Expert Qualifications
The consulting service agency shall primarily deploy key personnel and teams, including the Project Manager, Technical Director, Level Protection Assessment Task Force, and Cryptographic Assessment Task Force. The qualification requirements and functional responsibilities for each key position are as follows:
No. | Expert Position | Qty. | Responsibilities | Qualifications |
1 | Project Manager | 1 | Responsible for overall coordination, resource allocation, and cross-departmental communication throughout the entire project lifecycle. Control the quality of all deliverables, including the mobilization report and assessment reports. Organize project acceptance and assist in completing the filing (record-keeping) process. | 1. Bachelor's degree or above; |
2 | Technical Director | 1 | Take the lead in drafting the implementation plans for level protection and cryptographic assessments. Provide on-site technical supervision, analyze complex hidden risks, provide technical solutions for rectification and reinforcement, and review the objectivity and accuracy of the assessment reports. | 1. Bachelor's degree or above; |
3 | Level Protection Assessment Task Force | 2 | Responsible for on-site investigation, asset inventory, penetration testing, and security control assessment. Draft the "Information System Rectification List" and the "Cybersecurity Level Protection Assessment Report," and assist in completing the filing with the cyber police department. | 1. Bachelor's degree or above; |
4 | Cryptographic Assessment Task Force | 2 | Responsible for compliance verification and risk identification of systems upgraded with national cryptography. Verify the compliance, correctness, and effectiveness of domestic cryptographic algorithm (SM2/SM3/SM4) invocations. Draft the "Commercial Cryptography Application Security Assessment Report" and rectification lists, and assist in completing the filing with the cryptography administration. | 1. Bachelor's degree or above; |
The detailed Terms of Reference (TOR) for the assignment are attached to this request for expressions of interest.
The Guangdong Administration for Market Regulation 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 overall competence and strength of the Consultant, quality control and project management capabilities, understanding of the assignment, relevant experience and past performance, proposed team composition, preliminary work plan, and a brief technical approach. Key Experts will be evaluated at the shortlisting stage.
(VII) Contents of this Consultation
a.Expression of interest in undertaking the supervision services for this project;
b.Agency profile and core advantages;
c.List of project performance records;
d.Key points of the preliminary work plan and work schedule;
e.Preliminary staffing plan;
f.Proposed core team (including resume summaries of the Project Manager and key experts).
(VIII) Submission Materials
a."Expression of Interest Letter" (or "Feedback Letter") submitted by the supervision service agency;
b.Agency profile;
c.Summary of project performance records (specifying the project name, client, service content, and service period);
d.Simplified proposal (briefly outlining key points; a detailed proposal is not required);
e.Preliminary work schedule;
f.Key team experts (personnel profiles must be provided);
g.Any other materials deemed necessary by the supervision service agency.
Note: All the above materials must be stamped with the official seal of the consulting agency.
Consultants shall not be hired for any assignment that would be in conflict with their prior or current obligations to other clients, or that may place them in a position of being unable to carry out the assignment in the best interests of the Borrower. Without limitation on the generality of the foregoing, Consultants shall not be hired under the circumstances set forth below:
a. a firm that has been engaged by the Borrower to provide Goods, Works, or Non-Consulting Services for a project (or an affiliate that directly or indirectly controls, is controlled by, or is under common control with that firm), shall be disqualified from providing Consulting Services resulting from, or directly related to, those Goods, Works, or Non-Consulting Services. This provision does not apply to the various firms (Consultants, contractors, or suppliers), which together are performing the contractor’s obligations under a turnkey or design and build contract; a firm that has been engaged by the Borrower to provide Consulting Services for the preparation or implementation of a project (or an affiliate that directly or indirectly controls, is controlled by, or is under common control with that Consulting firm), shall be disqualified from subsequently providing Goods, Works, or Non-Consulting Services resulting from, or directly related to those Consulting Services. This provision does not apply to the various firms (Consultants, contractors, or suppliers), which together are performing the contractor’s obligations under a turnkey or design and build contract;
b. neither a Consultant (including personnel and sub-consultants), nor an affiliate (that directly or indirectly controls, is controlled by, or is under common control with that Consultant), shall be hired for any assignment that, by its nature, creates a conflict of interest with another assignment of the Consultant;
c. Consultants (including their experts and other personnel, and sub-consultants), that have a close business or family relationship with a professional staff of the Borrower, or of the project implementing agency, or of a recipient of a part of the Bank’s financing, or any other party representing or acting on behalf of the Borrower, that is directly or indirectly involved in any part of: i. the preparation of the ToR for the assignment; ii. the selection process for the contract; or iii. the supervision of the contract; may not be awarded a contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable to the Bank throughout the selection process and the execution of the contract.
Consultants may associate with other firms to enhance their qualifications, but should indicate clearly whether the association is in the form of a joint venture and/or a sub-consultancy. In the case of a joint venture, all the partners in the joint venture shall be jointly and severally liable for the entire contract, if selected.
A Consultant will be selected in accordance with the CQS method set out in the Procurement Regulations.
Further information can be obtained at the address below during office hours. Office hours are from 09:00 to 17:00 on working days from September 12 to September 29, 2026
Expressions of interest must be delivered in a written form to the address below (in person, or by mail, or by fax, or by e-mail) by 09:00 on September 30, 2026.
Tender Agency: China International Tendering Co., Ltd.
Attn: Zhang Zhi, Guo Hujun
Title: Project Manager
Address: Room 2003B, South Tower, Jinbin Tengyue Building, Huaxia Road No. 49-1, Tianhe District, Guangzhou, Guangdong Province, China
Postal Code:51000
Tel.: 010-81168424; 010-81168460
E-mail: zhangzhi5@cgci.gt.cn; guohujun@gt.cn
Employer: Guangdong Administration for Market Regulation
Attn: Chen Lin
Title: Special Cadre, World Bank Loan Project Office
Address: No. 363 West Huangpu Avenue, Tianhe District, Guangzhou, Guangdong Province, China
Tel.: 020-38835493
E-mail: gdsjj_xietiaoyingji@gd.gov.cn
Annex: Detailed Term of Reference (TOR)
TERM OF REFERENCE
To ensure the implementation of the World Bank China Food Safety Improvement Project Guangdong Agricultural Product Quality and Safety Improvement (Demonstration) Project Information Technology Third-Party Service Package II (Cybersecurity Level Protection Assessment Service and Commercial Cryptography Application Security Evaluation Service) of the Guangdong Administration for Market Regulationand to guarantee the achievement of the project's objectives, the Guangdong Administration for Market Regulation intends to select a service agency through procurement to be responsible for the implementation of this project.
I. Background and Description
The World Bank Loan China Food Safety Demonstration Project officially entered into force on March 21, 2024, with an implementation period until March 31, 2029. It aims to comprehensively enhance the modern governance capacity for food safety at both national and local levels. As a key implementer of this project in Guangdong Province, the Guangdong Administration for Market Regulation plans to apply for a World Bank loan of 10 million US dollars and will precisely support the achievement of the project goals through the construction of six core sub-projects:
i. Develop a full-chain traceability platform for "coding, tracing, and recalling" food in key areas, enabling whole-process traceability and risk early warning with 15 functional modules and 359 functional points;
ii. Build the "Internet + Clear Kitchen and Bright Stove" system under the Guangdong Food Safety initiative, covering intelligent video supervision of scenarios such as elderly care and campus canteens;
iii. Upgrade and transform the emergency real-time dispatching and command system, and improve the accident emergency response mechanism;
iv. Carry out a capacity improvement project for food-related personnel in the market supervision field, including the development of a learning and assessment system, the production of 75 course videos, and the organization of skill competitions;
v. Establish a high-quality food standard system and conduct promotion activities, developing no less than 30 standards and carrying out quality monitoring within two years;
vi. Provide professional consulting services throughout the entire project implementation process.
To ensure the high-quality implementation of the above-mentioned construction content, we plan to refer to advanced practices from other World Bank projects to further optimize procurement management and improve service coordination efficiency; in the next phase of actual procurement operations, while keeping the total project budget unchanged, we intend to integrate the network security level protection assessment services and commercial cryptography application security assessment services for these 4 projects—the "Coding, Tracing, and Recalling" Full-Chain Traceability Platform Project for Food in Key Areas (or Key Varieties), the Guangdong Food Safety "Internet + Clear Kitchen and Bright Stove" System Construction Project, the Emergency Real-Time Dispatching and Command System Upgrade, Transformation, and Operation Project, and the Capacity Improvement Project for Food-Related Personnel in the Market Supervision Field—into a single package for unified procurement and management, so as to ensure the smooth achievement of the project's construction goals.
II. Objectives
The core objective of this project is to comprehensively enhance the modern governance capacity for food safety. Through the in-depth integration and linkage of the "Code Tracing" full-chain traceability platform, the "Internet + Smart Kitchen & Bright Stove" intelligent supervision system, and the emergency real-time dispatch and command system, a full-chain management mechanism covering risk identification, early warning response, and closed-loop disposal will be established, providing a data foundation and institutional guarantee for scientifically calculating result indicators such as the "proportion of early warnings for which mitigation measures have been initiated." Additionally, the food-related personnel capacity improvement learning and assessment system will enable systematic training for regulatory personnel and quantify the participation proportion of female regulatory personnel.
The core purpose is to conduct a comprehensive and objective security assessment of the above-mentioned information systems in accordance with relevant national standards and norms, accurately identify and locate risks and weaknesses in the systems' network security and cryptographic applications, and propose targeted rectification suggestions accordingly. Through the approach of "promoting construction through assessment, promoting reform through assessment, and promoting application through assessment," it will ultimately ensure that all information systems meet the requirements of compliance, correctness, and effectiveness in terms of network security protection and cryptographic applications. This will provide a solid guarantee for the smooth acceptance and safe operation of the project, ensure that the collection, accounting, and reporting of all indicator data comply with World Bank norms, and help promote the efficient implementation of the World Bank project.
III. Service Overview
The total estimated amount for this project is RMB 0.56 million.
(I) Scope of Services
The service scope of this project covers the Cybersecurity Level Protection Assessment and Commercial Cryptography Application Security Assessment services required for four informatization projects, specifically including:
(II) Service Content
a. Cybersecurity Level Protection Assessment Services
Based on the assessment results of security technology and security management controls, as well as the overall system assessment, the service agency shall conduct a comprehensive assessment of the information system in accordance with the corresponding level standards and provide relevant security review opinions. This specifically includes two aspects: First, security control assessment, which primarily evaluates the implementation and configuration of basic security controls required by the cybersecurity level protection standards within the information system. Second, overall system assessment, which primarily analyzes the overall security of the information system. The security control assessment serves as the foundation for the overall security assessment of the information system.
b. Commercial Cryptography Application Security Assessment Services
The service agency shall provide security assessment services for systems upgraded with domestic cryptography. For the upgraded national cryptographic systems, the agency shall formulate an assessment plan, conduct the assessment, propose rectification opinions, and track the rectification progress in accordance with national specifications, thereby providing a basis for project acceptance. Through this assessment service, the agency will comprehensively understand the current status of cryptography application in the relevant information systems and evaluate the gap between the current status and the corresponding levels stipulated in the Information Security Technology—Basic Requirements for Cryptographic Application of Information Systems (GB/T 39786-2021). This aims to achieve the goals of promoting construction, rectification, and application through assessment. On-site assessments and technical verifications will be conducted covering physical and environmental security, network and communication security, equipment and computing security, application and data security, key management, and security management. The agency will identify weak links and potential risk hazards in cryptographic applications, propose targeted rectification recommendations, and ensure the compliance, correctness, and effectiveness of cryptographic applications. Furthermore, cryptographic security protection measures will be precisely implemented to guarantee the authenticity, confidentiality, integrity, and non-repudiation of the information systems.
(III) Service Period
The service period for this project shall commence from the date of contract signing and continue until the project closing date (March 31, 2029). The specific service timeline will be implemented in phases based on the system launch schedule of the four informatization projects.
IV Deliverables, Result Review and Acceptance
a.Deliverables
The deliverables required for this project are as follows:
No. | Report | Submission Date/Phase |
1 | Mobilization Report | Within 10 working days after contract signing and system launch (subject to the actual system launch date). |
2 | Information System Rectification List | Within 10 working days after the completion of the gap assessment. |
3 | Cybersecurity Level Protection Assessment Report | For Level 3 systems: Within 15 working days after the acceptance assessment is conducted upon the user's completion of rectification to meet the acceptance requirements. For the annual re-assessment report: The annual re-assessment must be initiated 3 months before the expiration of the previous year's assessment report, and the annual assessment report must be issued before the expiration of the previous year's report. |
4 | Filing Materials and Filing Receipt | Issued within 10 working days after the assessment report is stamped by both parties and submitted online to the cyber police department. |
5 | Commercial Cryptography Application Rectification List | Within 10 working days after the completion of the gap assessment. |
6 | Commercial Cryptography Application Security Assessment Report | For Level 3 systems: Within 15 working days after the acceptance assessment is conducted upon the user's completion of rectification to meet the cryptographic assessment acceptance requirements. For the annual re-assessment report: The annual re-assessment must be initiated 3 months before the expiration of the previous year's assessment report, and the annual assessment report must be issued before the expiration of the previous year's report. |
7 | Filing Materials and Filing Receipt | Issued within 10 working days after the assessment report is stamped by both parties and submitted to the Cryptography Administration. |
b. Result Review and Acceptance
After the Project Office reviews and approves the outcome report submitted by the assessment service agency, for the outcome documents that need to be submitted to the World Bank for review in accordance with regulations, the assessment service agency shall cooperate with the Project Office to complete the submission. The phased outcome shall be officially considered completed only after obtaining the World Bank's no-objection opinion. All outcome reports must fully align with the service content specified in this Terms of Reference, with standardized format, complete content, and true and accurate data.
V Agency and Personnel Qualification Requirements
a. Agency Qualification Requirements
The service agency must possess the Cybersecurity Service (Level Protection Assessment) Certification Certificate issued by the Third Research Institute of the Ministry of Public Security, as well as the Commercial Cryptography Testing Agency (Commercial Cryptography Application Security Assessment) Qualification Certificate issued by the State Cryptography Administration. Within the past three years, the agency must have independently undertaken no fewer than five service projects for Cybersecurity Level Protection Assessment and Commercial Cryptography Application Security Assessment. The relevant performance records must cover related types such as government informatization, software platform construction, system integration, and network security. These records must sufficiently demonstrate the agency's capability in compliance assessment and comprehensive security services for informatization projects.
Regarding the assessment tools required for the service agency, different testing tools shall be equipped based on the testing content of this project. Examples include comprehensive management software for level protection assessment, network security inspection and early warning management software, quality monitoring management software for level protection assessment, level protection assessment management and risk assessment software, and commercial cryptography application security assessment management systems. The service agency shall provide an equipment plan for the testing tools to be used in this project within the technical proposal. (Note: For purchased assessment tools, procurement contracts and invoices must be provided; for self-developed tools, software copyrights or relevant patent certificates must be provided).
b. Personnel Qualification Requirements
To ensure the quality of the network security level protection assessment service and commercial cryptography application security assessment service for this project, an exclusive full-time service team must be established. The specific requirements are as follows:
No. | Expert Position | Qty. | Responsibilities | Qualifications |
1 | Project Manager | 1 | Responsible for overall coordination, resource allocation, and cross-departmental communication throughout the entire project lifecycle. Control the quality of all deliverables, including the mobilization report and assessment reports. Organize project acceptance and assist in completing the filing (record-keeping) process. | 1. Bachelor's degree or above; |
2 | Technical Director | 1 | Take the lead in drafting the implementation plans for level protection and cryptographic assessments. Provide on-site technical supervision, analyze complex hidden risks, provide technical solutions for rectification and reinforcement, and review the objectivity and accuracy of the assessment reports. | 1. Bachelor's degree or above; |
3 | Level Protection Assessment Task Force | 2 | Responsible for on-site investigation, asset inventory, penetration testing, and security control assessment. Draft the "Information System Rectification List" and the "Cybersecurity Level Protection Assessment Report," and assist in completing the filing with the cyber police department. | 1. Bachelor's degree or above; |
4 | Cryptographic Assessment Task Force | 2 | Responsible for compliance verification and risk identification of systems upgraded with national cryptography. Verify the compliance, correctness, and effectiveness of domestic cryptographic algorithm (SM2/SM3/SM4) invocations. Draft the "Commercial Cryptography Application Security Assessment Report" and rectification lists, and assist in completing the filing with the cryptography administration. | 1. Bachelor's degree or above; |
VI. Facilities and Personnel Provided by the Client
To ensure the smooth implementation of the service, the Client will provide the following necessary assistance and services:
a. Relevant project documents, reports, annual work plans and other materials.
b.Designate or entrust staff to coordinate with the service provider and carry out related work.
"},{"id":"OP00467697","notice_type":"Request for Expression of Interest","noticedate":"09-Sep-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-24T00:00:00Z","submission_deadline_time":"09:00","project_ctry_name":"China","project_id":"P162178","project_name":"China Food Safety Improvement Project","bid_reference_no":"GD-FSS-GAMR-CS11","bid_description":"Guangdong Agricultural Product Quality and Safety Improvement (Demonstration) Project Consulting Service","procurement_group":"CS","procurement_method_code":"CQS","procurement_method_name":"Consultant Qualification Selection","contact_address":"Address of EOI Submission: Huaxia Road No.49-1, Tianhe District, P/C 51000, Guangzhou, China","contact_ctry_name":"China","contact_email":"zhangzhi5@cgci.gt.cn","contact_name":"Zhang Zhi, Guo Hujun","contact_organization":"China International Tenderding Co., Ltd.","contact_phone_no":"010 8116 8424","submission_date":"2026-09-09T00:00:00Z","notice_text":"REQUEST FOR EXPRESSIONS OF INTEREST
CONSULTING SERVICE for China Food Safety Improvement Project Guangdong Agricultural Product Quality and Safety Improvement (Demonstration) Project
Country: People's Republic of China
Name of Project: China Food Safety Improvement Project
Loan No.: IBRD-92130
Assignment Title: Consulting Service
Reference No.: GD-FSS-GAMR-CS11
The Guangdong Administration for Market Regulation has received financing from the World Bank toward the cost of the China Food Safety Improvement Project Guangdong Agricultural Product Quality and Safety Improvement (Demonstration) Project, and intends to apply part of the proceeds for consulting services.
The consulting services (“the Services”) include:
1. Scope of Services:
Provide comprehensive professional consulting services throughout the implementation period of this project, to facilitate the smooth execution of each construction sub-project.
2. Estimated Amount: CNY 1.4147 million
3. Scope of Services:
The services aim to provide comprehensive consulting and on-site management support covering the entire process for the World Bank Project Office of the Guangdong Provincial Administration for Market Regulation. The scope of work encompasses core tasks including project management, procurement and contract management, monitoring and evaluation (M&E), IT consulting, and translation. Specifically, the services include:
Assisting the Project Office with the interpretation of World Bank policies, document preparation, daily liaison, and the drafting of various plans and reports;
Guiding procurement and bidding processes, overseeing bid evaluations, and managing contract performance;
Conducting regular surveys on project indicator data and preparing monitoring and evaluation reports;
Providing technical proposal reviews and acceptance guidance for the development of IT platforms such as food traceability systems and "transparent kitchens";
Handling on-site affairs including daily coordination and communication with the World Bank and relevant competent authorities, report translation, document archiving, and meeting organization, to fully ensure the compliant and efficient advancement of the project.
4. Service Duration:
The term of consulting services for this project shall commence on the date of contract signing and expire on the project closing date (March 31, 2029).
5. Deliverables:
The consulting services shall be delivered in an orderly manner in accordance with the contract and World Bank requirements. The deliverables will cover the entire project cycle, including inception reports, annual plans, quarterly/semi-annual progress reports, procurement technical documents, mid-term adjustment reports, management tools, completion reports, and summary reports. Each deliverable corresponds to a specific milestone (e.g., inception report within 1 month after contract signing, quarterly reports within 1 month after the end of the quarter, and completion reports prior to the project closing date), forming a complete delivery chain from preliminary planning to final summary.
During the review and acceptance phase, all deliverables must first be audited by the Project Office. If submission to the World Bank is required, the deliverables must obtain a "No Objection" from the World Bank before formal completion. Furthermore, all deliverables must strictly align with the scope of services outlined in the Terms of Reference (TOR), ensuring standardized formatting, comprehensive content, and authentic, accurate data. This is to guarantee that the outputs at each stage not only meet procedural compliance requirements but also possess substantial reference and practical value.
6. Qualifications
The consulting firm shall primarily assign the following key personnel: Project Management Expert, Procurement, Contract Management and Monitoring & Evaluation Expert, IT Management Consulting Expert, and On-site Engineer. The qualifications and responsibilities for each key position are as follows:
No. | Expert Position | Qty. | Responsibilities | Qualifications |
1 | Project Management Expert | 1 | To coordinate all consulting and translation services, manage team allocation, and oversee service progress and quality for the Project Office. Responsible for compiling and reviewing various deliverables, coordinating the resolution of project issues, and facilitating World Bank reviews. | 1. Over 15 years of project management experience, including at least 5 years of experience in managing loan/grant projects; |
2 | Procurement, Contract Management, and M&E Expert | 1 | Responsible for procurement execution, contract management, and monitoring & evaluation (M&E) for projects financed by International Financial Organizations (IFOs). | 1. Over 5 years of procurement experience in projects financed by IFIs/IFOs; |
3 | IT Management Consulting Expert | 1 | Responsible for consulting on the development and design of IT platforms. | At least 10 years of experience in IT platform development and design. |
4 | On-site Engineer | 1 | Stationed at the Project Office to handle daily liaison and coordination with the World Bank and competent authorities; assist in drafting work plans and various progress reports. Support the drafting of the Terms of Reference (TOR), bid reviews, IT acceptance, and M&E data collection. Undertake on-site support tasks including document archiving, daily translation, and meeting organization to ensure the compliant advancement of the entire project process. | 1. Bachelor’s degree or above; |
The detailed Terms of Reference (TOR) for the assignment are attached to this request for expressions of interest.
The Guangdong Administration for Market Regulation 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 overall competence and strength of the Consultant, quality control and project management capabilities, understanding of the assignment, relevant experience and past performance, proposed team composition, preliminary work plan, and a brief technical approach. Key Experts will not be evaluated at the shortlisting stage.
Contents of this Request for Expressions of Interest:
Required Submission Documents:
1. Letter of Expression of Interest (or Letter of Response) submitted by the consulting firm;
2. Company profile;
3. Summary of past project performance (specifying the project name, client, scope of services, and service duration);
4. Simplified technical approach (briefly outlining key points; a detailed proposal is not required at this stage);
5. Preliminary work plan;
6. Key team experts (personnel profiles must be provided);
7. Any other documents the consulting firm deems necessary to provide.
Note: All the above-mentioned documents must be stamped with the official seal of the consulting firm.
Consultants shall not be hired for any assignment that would be in conflict with their prior or current obligations to other clients, or that may place them in a position of being unable to carry out the assignment in the best interests of the Borrower. Without limitation on the generality of the foregoing, Consultants shall not be hired under the circumstances set forth below:
a. a firm that has been engaged by the Borrower to provide Goods, Works, or Non-Consulting Services for a project (or an affiliate that directly or indirectly controls, is controlled by, or is under common control with that firm), shall be disqualified from providing Consulting Services resulting from, or directly related to, those Goods, Works, or Non-Consulting Services. This provision does not apply to the various firms (Consultants, contractors, or suppliers), which together are performing the contractor’s obligations under a turnkey or design and build contract; a firm that has been engaged by the Borrower to provide Consulting Services for the preparation or implementation of a project (or an affiliate that directly or indirectly controls, is controlled by, or is under common control with that Consulting firm), shall be disqualified from subsequently providing Goods, Works, or Non-Consulting Services resulting from, or directly related to those Consulting Services. This provision does not apply to the various firms (Consultants, contractors, or suppliers), which together are performing the contractor’s obligations under a turnkey or design and build contract;
b. neither a Consultant (including personnel and sub-consultants), nor an affiliate (that directly or indirectly controls, is controlled by, or is under common control with that Consultant), shall be hired for any assignment that, by its nature, creates a conflict of interest with another assignment of the Consultant;
c. Consultants (including their experts and other personnel, and sub-consultants), that have a close business or family relationship with a professional staff of the Borrower, or of the project implementing agency, or of a recipient of a part of the Bank’s financing, or any other party representing or acting on behalf of the Borrower, that is directly or indirectly involved in any part of: i. the preparation of the ToR for the assignment; ii. the selection process for the contract; or iii. the supervision of the contract; may not be awarded a contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable to the Bank throughout the selection process and the execution of the contract.
Consultants may associate with other firms to enhance their qualifications, but should indicate clearly whether the association is in the form of a joint venture and/or a sub-consultancy. In the case of a joint venture, all the partners in the joint venture shall be jointly and severally liable for the entire contract, if selected.
A Consultant will be selected in accordance with the CQS method set out in the Procurement Regulations.
Further information can be obtained at the address below during office hours from 09:00 to 17:00 on working days from September 9 to September 23, 2026
Expressions of interest must be delivered in a written form to the address below (in person, or by mail, or by fax, or by e-mail) by 09:00 on September 24, 2026.
Tender Agency: China International Tendering Co., Ltd.
Attn: Zhang Zhi, Guo Hujun
Title: Project Manager
Address: Huaxia Road No. 49-1, Tianhe District, Guangzhou, Guangdong, China
Postal Code: 51000
Tel.: +86 10-81168424; +86 10-81168460
E-mail: zhangzhi5@cgci.gt.cn; guohujun@gt.cn
Employer: Guangdong Administration for Market Regulation
Attn: Chen Lin
Title: Special Cadre, World Bank Loan Project Office
Address: No. 363 West Huangpu Avenue, Tianhe District, Guangzhou, Guangdong Province, China
Tel.: 020-38835493
Annex: detailed Terms of Reference (TOR)
TERMS OF REFERENCE
To ensure the smooth implementation of consulting services for the China Food Safety Improvement Project Guangdong Agricultural Product Quality and Safety Improvement (Demonstration) Project , and to guarantee the achievement of the project's informatization goals, the Guangdong Administration for Market Regulation intends to engage a third-party service provider to carry out the project implementation.
I. Project Background and Description
The World Bank-funded China Food Safety Improvement Project aims to enhance national and local food safety management and reduce food safety risks along selected value chains. At the national level, the project will be jointly implemented by the State Administration for Market Regulation (SAMR) and the Ministry of Agriculture and Rural Affairs (MARA). At the local level, it will be carried out by the Department of Agriculture and Rural Affairs of Guangdong Province, the Guangdong Administration for Market Regulation, and the Bureau of Ocean Development and Fisheries of Yantai City, Shandong Province. The loan agreement for the project entered into force on March 21, 2024. The project has an implementation period of five years, with a closing date of March 31, 2029.
The Guangdong Administration for Market Regulation takes the comprehensive enhancement of modern food safety governance capacity as its core objective in this project. By systematically constructing and collaboratively advancing six sub-projects, it precisely supports and effectively drives the achievement of the project goals. The Guangdong Provincial Administration for Market Regulation plans to apply for a World Bank loan of USD 10 million for this project. The main construction contents of the project include:
1. Building a full-chain traceability platform ("Scan-to-Trace") for key food categories, achieving full-chain traceability and risk early warning through 15 functional modules and 359 functional points;
2. Building the "Yue-Shi-An Internet Plus Open Kitchens" system, providing intelligent video supervision for scenarios such as elderly care canteens and school cafeterias;
3. Upgrading the emergency real-time dispatch and command system to improve the emergency response mechanisms for food safety incidents;
4. Implementing a capacity building program for food-related personnel in the field of market regulation, including the development of a learning and assessment system, the production of video content for 75 courses, and skills competitions;
5. Establishing a high-quality food standards system and promotional campaigns, developing no fewer than 30 standards within two years and conducting quality monitoring;
6. Providing professional consulting services throughout the entire project implementation process.
II. Project Objectives
To meet the demand for professional consulting services throughout the entire implementation process of the World Bank-funded Guangdong Agricultural Product Quality and Safety Improvement (Demonstration) Project, strengthen project process management, facilitate the smooth progress of various tasks, and promote the efficient implementation of the World Bank project, the Guangdong Administration for Market Regulation plans to engage a professional project management consulting agency. The agency will provide consulting services in project management, procurement management, contract management, monitoring and evaluation, and informatization management, as well as daily English translation services and the issuance of corresponding outcome reports.
This project takes the comprehensive enhancement of modern food safety governance capacity as its core objective. By systematically constructing and collaboratively advancing six sub-projects, it precisely supports and effectively drives the achievement of various core performance indicators:
At the outcome indicator level, relying on the deep integration and linkage of the "Scan-to-Trace" full-chain traceability platform, the "Internet Plus Open Kitchens" intelligent supervision system, and the emergency real-time dispatch and command system, a full-chain management mechanism covering risk identification, early warning response, and disposal closure will be established. This will provide a solid data foundation and institutional guarantee for scientifically calculating the "proportion of warnings with mitigation measures initiated."
At the output indicator level, through the capacity building program for food-related personnel, systematic training will be provided to food safety inspectors and regulatory personnel, and the proportion of female regulatory personnel participating will be quantified. Through the high-quality food standards system construction project, no fewer than 30 standards will be developed, 6 demonstration model enterprises will be built, and 700 batches of quality monitoring will be completed. These will directly support the realization of key output indicators such as the "number of enterprises receiving project support to improve food safety management."
Through the project consulting services, the technical feasibility, economic rationality, and environmental and social sustainability of the project will be ensured, and the project design and implementation capabilities will be enhanced. Meanwhile, the consultants will assist in identifying potential risk factors of the project, propose corresponding mitigation measures, and strengthen project risk management capabilities. Furthermore, it will ensure that the collection, accounting, and reporting of all indicator data comply with World Bank specifications, thereby enhancing the international compliance and transparency of the project, facilitating the smooth progress of various tasks, and promoting the efficient implementation of the World Bank project.
III. Service Overview
The total investment amount for this project is RMB 1.4147 million.
(I) Scope of Services
During the implementation period of this project, the service provider shall provide comprehensive professional consulting services to the project implementation unit and assist in the smooth progress of various construction projects.
(II) Service Content
1. Project Management Consulting
Assist the Project Management Office (PMO) in collecting and organizing World Bank-related policies and materials: Collect and organize World Bank policy documents related to project management, provide policy interpretations, and ensure that the project implementation team has a clear understanding of the policies to offer policy consulting for project execution. Assist the PMO in establishing operational procedures and detailed management system rules for this project, ensuring compliance with World Bank and national requirements, and determining management workflows. Assist the PMO in organizing preliminary historical data related to this project to provide necessary references for subsequent implementation. Be responsible for daily liaison work, including communication with the World Bank team, the Provincial Development and Reform Commission, the Provincial Department of Finance, and other relevant departments, as well as various project construction service agencies.
Meanwhile, based on project management needs, be responsible for drafting annual work plans, quarterly, semi-annual, and annual project progress reports, annual comprehensive evaluation reports, daily liaison work, mid-term evaluation and adjustment reports, and training work plans.
2. Procurement Management Consulting
Assist the Project Management Office (PMO) in preparing procurement plans, drafting Terms of Reference (TOR), reviewing bidding documents, supervising bid evaluations, and managing contract negotiations and performance. This is to ensure that procurement activities adhere to the principles of economy, efficiency, transparency, and fair competition, thereby reducing compliance risks and guaranteeing the compliant use of project funds and smooth project implementation.
3. Contract Management Consulting
Assist the PMO in formulating an overall procurement plan aligned with the project construction content based on project activities, and make timely adjustments according to project progress and requirements from all parties. As requested by the PMO, assist in drafting the TOR for consulting service activities required for this project, revise and improve them according to the World Bank's feedback, and obtain the Bank's "no objection." Assist the procurement agency in handling various matters during the bidding process and reviewing project procurement bidding documents, and assist the PMO in responding to and implementing the World Bank's feedback on the review of bidding documents (technical aspects). After the project activities have completed the procurement procedures required by the World Bank, and during the implementation of sub-project contracts, assist the PMO in strengthening contract management and acceptance work.
4. Project Monitoring and Evaluation
In accordance with the project results framework indicators specified in the project assessment documents, regularly conduct surveys on project monitoring indicator data, draft annual monitoring and evaluation reports, and assist the PMO in explaining issues related to the survey methodology and data reliability of the monitoring and evaluation data to the World Bank.
5. Informatization Management Consulting
Provide consulting services and technical guidance for the construction of informatization platforms in this project, including the "Scan-to-Trace" full-chain traceability platform for food, the "Yue-Shi-An Internet Plus Open Kitchens" system, and the emergency real-time dispatch and command system. Services include assisting in the preparation and review of technical proposals, helping to resolve technical issues encountered during the procurement of information platforms, supervising the platform supervision work, assisting in the acceptance of informatization platforms, and providing professional technical guidance regarding the design, implementation, operation, and promotion of these platforms.
6. Translation Services
Based on project management needs, the service provider shall handle the translation of emails exchanged with the World Bank, World Bank memos, and various reports submitted to the World Bank. The original formats, such as PDF, Word, and Excel, must be preserved. Terminology must comply with industry or World Bank standards. The translation shall meet localization and proofreading requirements, adapt to the World Bank's official terminology database, and undergo multiple rounds of review to ensure compliance with World Bank document specifications.
7. On-site Services
The service provider shall participate in the daily management of the World Bank project throughout the entire process. The main responsibilities include daily liaison and coordination with the World Bank and relevant competent authorities; assisting in drafting work plans, procurement plans, and various progress reports; cooperating in completing the drafting of Terms of Reference (TOR), bid reviews, informatization platform acceptance, and monitoring and evaluation data collection; and undertaking tasks such as file archiving, daily translation, and meeting organization. The on-site support will be provided to ensure the compliant advancement of the entire project process.
(III) Service Period
The consulting service period for this project shall commence from the date of contract signing and continue until the project closing date (March 31, 2029).
IV. Deliverables, Deliverable Review, and Acceptance
(I) Deliverables
No. | Report | Submission Date |
1 | Consulting Service Inception Report | Within 1 month after contract signing |
2 | Annual Project Work Plan, Procurement Plan, Fund Utilization Plan, and Capacity Building Plan | By December 31 each year, as required by the World Bank |
3 | Project Quarterly Progress Report | Within 1 month after the end of each quarter |
4 | Project Semi-annual Progress Report | By March 1 and September 1 each year, as required by the World Bank |
5 | Terms of Reference (TOR) and Technical Requirement Documents for Procurement Activities | As specified by the Project Management Office (PMO) |
6 | Mid-term Adjustment Report | As required by the World Bank |
7 | Official Version of Project Management Tools | Within 3 months after mobilization |
8 | Project Completion Report | Before the project closing date |
9 | Consulting Service Summary Report | Within 2 months prior to contract completion |
(II) Deliverable Review and Acceptance
Upon receiving the deliverable reports submitted by the consulting service provider, the Project Management Office (PMO) shall review them. For deliverable documents that are required to be submitted to the World Bank for review according to regulations, the consulting service provider shall assist the PMO in completing the submission. The phased deliverables shall be officially considered closed only after obtaining the World Bank's "no objection."
All deliverable reports must fully align with the service content specified in this Terms of Reference (TOR). They must be standardized in format, comprehensive in content, and authentic and accurate in data.
V. Qualification Requirements for the Agency and Personnel
(I) Agency Qualification Requirements
The service provider must have independently undertaken project management consulting services for no fewer than two projects funded by loans or grants from international financial organizations within the past five years. The relevant performance records must fall within the scope of similar project management consulting, and sufficiently demonstrate the agency's comprehensive service capability in full-process compliance control and coordination for international financial organization projects. Priority will be given to candidates with experience in implementing similar projects within Guangdong Province.
(II) Personnel Qualification Requirements
The consulting service provider shall primarily deploy key personnel, including a Project Management Expert, Procurement, Contract Management, and Monitoring & Evaluation Experts, an Informatization Management Expert, and On-site Engineers. The qualification requirements and functional responsibilities for each key position are as follows:
No. | Expert Position | Qty. | Responsibilities | Qualifications |
1 | Project Management Expert | 1 | To coordinate all consulting and translation services, manage team allocation, and oversee service progress and quality for the Project Office. Responsible for compiling and reviewing various deliverables, coordinating the resolution of project issues, and facilitating World Bank reviews. | 1. Over 15 years of project management experience, including at least 5 years of experience in managing loan/grant projects; |
2 | Procurement, Contract Management, and M&E Expert | 1 | Responsible for procurement execution, contract management, and monitoring & evaluation (M&E) for projects financed by International Financial Organizations (IFOs). | 1. Over 5 years of procurement experience in projects financed by IFIs/IFOs; |
3 | IT Management Consulting Expert | 1 | Responsible for consulting on the development and design of IT platforms. | At least 10 years of experience in IT platform development and design. |
4 | On-site Engineer | 1 | Stationed at the Project Office to handle daily liaison and coordination with the World Bank and competent authorities; assist in drafting work plans and various progress reports. Support the drafting of the Terms of Reference (TOR), bid reviews, IT acceptance, and M&E data collection. Undertake on-site support tasks including document archiving, daily translation, and meeting organization to ensure the compliant advancement of the entire project process. | 1. Bachelor’s degree or above; |
VI. Facilities and Personnel Provided by the Client
To facilitate the smooth implementation of these services, the Client will provide the following necessary assistance and services:
(I) Relevant project documents, reports, annual work plans, and other related materials.
(II) Designate or assign staff to liaise with the service provider to carry out related work.
"},{"id":"OP00467036","notice_type":"Request for Expression of Interest","noticedate":"04-Sep-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-30T00:00:00Z","submission_deadline_time":"14:00","project_ctry_name":"Ukraine","project_id":"P504171","project_name":"Lifting Education Access and Resilience in times of Need in Ukraine Program","bid_reference_no":"LEARN-1.1-CIRRICULA","bid_description":"Consultancy Services for Development of Model Programs for Professionally Oriented Specialised Secondary Education","procurement_group":"CS","procurement_method_code":"CQS","procurement_method_name":"Consultant Qualification Selection","contact_address":"10 Beresteiskyi Avenue, Kyiv, 01135, Ukraine","contact_ctry_name":"Ukraine","contact_email":"kateryna.kovtun@mon.gov.ua","contact_name":"Kateryna Kovtun","contact_organization":"Ministry of Education and Science of Ukraine","contact_phone_no":"+380 44 481 32 21","contact_web_url":"https://mon.gov.ua/","submission_date":"2026-09-04T00:00:00Z","notice_text":"REQUEST FOR EXPRESSIONS OF INTEREST
(CONSULTING SERVICES – FIRMS SELECTION)
UKRAINE
Country: Ukraine
Program: «Lifting Education Access and Resilience in times of Need in Ukraine Program»
Grant : TF0C5794
Project : P504171
Assignment Title: Consultancy Services for Development of Model Programs for Professionally Oriented Specialised Secondary Education
Contract Package ID: LEARN-1.1-CIRRICULA
Ukraine has received financing from the World Bank toward the cost of the Lifting Education Access and Resilience in Times of Need in Ukraine Program.
The Ministry of Education and Science intends to use part of the proceeds for consulting services, for which this REoI has been issued.
Consulting services (hereinafter referred to as "Services") include: supporting MoES in developing a comprehensive, scalable and standardised set of professionally oriented model programs for upper secondary education.
The expected period for the Consultant to provide services for the development of the online course is approximately 6 calendar months, starting in December 2026.
Detailed information regarding the provision of the specified Services is provided in the Terms of Reference (hereinafter referred to as "TOR"), which is attached.
The Ministry of Education and Science of Ukraine (hereinafter referred to as the "Client") invites qualified consulting companies (hereinafter referred to as "Consultants") to express their interest in providing the specified Services. Interested Consultants must provide information that confirms their qualifications and experience required to perform the Services.
The evaluation of the expressions of interest provided by the Consultants will be carried out based on the following criteria:
Minimum Qualification Requirements (Pass/Fail Basis)
Failure to meet any of the requirements below shall result in disqualification.
Core Business and Experience
– curriculum development or educational program design;
– vocational education or education sector projects;
– capacity building programs for education institutions.
In case of a Joint Venture / Consortium (JVCA), the Lead Member shall demonstrate substantial compliance with the above requirements, including at least 3 (three) years of relevant experience and participation in at least 2 (two) relevant assignments. The JVCA as a whole must meet all qualification requirements.
Financial Capacity
In case of a JVCA: Lead Member: minimum 50% of the annual turnover requirement; Other members: minimum 25% of the annual turnover requirement; Combined: must fully meet the annual turnover requirement. Audited financial statements or verified financial documents shall be provided.
Experience with Donor-Funded Projects
Staff
The Consultant shall provide suitably qualified professionals in terms of expertise and time allocation to complete the activities required under the scope of work and to finally achieve the objectives of the Assignment in terms of time, costs and quality, within the agreed timeframe.
The Consultant shall also provide adequate administrative staff (secretaries, translators, etc.) needed to support the expert team.
The attention of interested Consultants is drawn to Section III, items 3.14, 3.16, and 3.17 of The World Bank Procurement Regulations for IPF Borrowers[1], dated September 2023 with amendments of September 2025[2] (hereinafter referred to as the "Procurement Regulations"), which contains the World Bank's policy regarding 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.
Selection of a Consultant will be performed in accordance with Consultant’s Qualification-based Selection (CQS) method following World Bank’s Consultants Guidelines.
Further information may be obtained at the address below.
Expressions of interest must be submitted in Ukrainian or English via email to the address: kateryna.kovtun@mon.gov.ua Cc: serhiy.artemenko@uiherp.org; uiherp@mon.gov.ua by 2:00 PM Kyiv time on September 30, 2026.[3]
Expressions of interest to be clearly marked: "LEARN-1.1-CIRRICULA: Expression of Interest".
Consultants should provide not only information demonstrating their compliance with the Mandatory Minimum Qualification Requirements, but also information that meets the specific requirements of the assignment and will be considered an advantage. The Consultant rating will be based on compliance with these latter requirements. The Consultant with the highest rating, determined according to the established criteria for evaluating the Consultant’s qualifications, will be invited to submit a technical and financial proposal.
Information on the Consultant’s experience provided by the Consultants must be documented (copies of contracts or parts thereof, and acceptance certificates for services provided; additionally, client references may be submitted, describing the specifics of the completed assignment).
Interested Consultants are additionally advised to pay attention to the following aspects when preparing their information:
Consultants who have submitted an EOI should not submit any documents or information after the deadline for EOI submission, except for providing documents and/or information requested by the Employer for clarification or explanation of the submitted EOI. Any exchange of information between the Employer and Consultants must be in writing via the official email addresses specified in this announcement.
LIST OF ATTACHED DOCUMENTS
[1] https://thedocs.worldbank.org/en/doc/6c0602876d68949e80820507d90a14ed-0290012023/original/Procurement-Regulations-September-2023.pdf
[2] https://thedocs.worldbank.org/en/doc/20fb60f35ce8f2b52bb205da13c4df79-0290012023/original/Revisions-of-the-Procurement-Regulations-September-2023.pdf
[3] Consultants are advised to ensure that their submission has been delivered to the recipient
TERMS OF REFERENCE
Consultancy Services for Development of Model Programs
for Professionally Oriented Specialised Secondary Education
Contract LEARN-1.1-CIRRICULA
ACRONYMS
EC(s) – Educational Component(s)
ED(s) - Educational Domain(s)
MEC(s) - Mandatory Educational
Component(s)
MoES – Ministry of Education and Science of Ukraine
MP(s) – Model Program(s) of Mandatory Educational Component belonging
to some Educational Domain and included to the Group 1 according to the
Order 898
Order 657 - Order of the Ministry of Education and Science of Ukraine No.
675 dated 05.06.2023 "On Approval of the Procedure for Conducting
Expertise, Providing Grades to Educational Literature and Curriculums"
Order 898 - Order of the Ministry
of Education and Science of Ukraine No. 898 dated June 8, 2026 “On Approval of
the Typical Educational Program for Professionally Oriented Specialised
Secondary Education”.
PO - Professional Orientation
POSSE - Professionally Oriented Specialised Secondary Education
PPHE – Professional Pre-Higher Education
QA – Quality Assurance
SSE – Specialised Secondary Education
SSSE - State Standard of Specialised Secondary Education
TPSSE - Typical educational program of specialised secondary education
VE – Vocational Education
I. BACKGROUND
Ukraine with the International Bank for Reconstruction and Development and the International Development Association (hereinafter referred to as the World Bank) have signed the agreements for the Program “Lifting Education Access and Resilience in times of Need in Ukraine” (hereinafter referred to as the LEARN or Operation).
LEARN was designed to address critical issues and provide the necessary support to the education sector in accordance with the Strategic Action Plan of the Ministry of Education and Science of Ukraine until 2027, approved by the Order of the Ministry of Education and Science of Ukraine dated 07.03.2024 No. 276 (hereinafter referred to as the Strategic Plan).
The Operation focuses on supporting the priorities “1. Early Childhood and Preschool Education” and “2. Reform of the “New Ukrainian School”” stipulated in the Strategic Plan.
The LEARN objectives are: (i) to improve teaching and learning conditions; and (ii) to strengthen the management capacity of the education system. The total LEARN financing amounts to US$451 million provides a combination of the World Bank financing instruments: Program for Results (PforR) and Investment Project Financing (IPF).
The Program-for-Results (PforR) is implemented through a US$235 million loan provided by Bank resources, supported by loan enhancement from the Advancing Needed Credit Enhancement for Ukraine (ADVANCE Ukraine) Trust Fund, which is backed by the Government of Japan. This is formalized under the Loan Agreement between Ukraine and the International Bank for Reconstruction and Development for the Program (LOAN No 9721-UA). An additional US$150 million is provided under the Special Program for Ukraine and Moldova Recovery (SPUR) of the International Development Association (IDA) Crisis Facility, as outlined in the Financing Agreement between Ukraine and the International Development Association for the Program (CREDIT No 7626-UA). On July 1, 2025, the Financing Agreement (Additional Financing: Lifting Education Access and Resilience in Times of Need in Ukraine Program) between Ukraine and the International Development Association (CREDIT No 7905-UA) was signed in the amount of US$4.9 million.
Furthermore, US$30 million in Investment Project Financing (IPF) is secured under the Grant Agreement between Ukraine and the International Bank for Reconstruction and Development and the International Development Association, acting as the administrator of the Ukraine Relief, Recovery, Reconstruction, and Reform Multi-Donor Trust Fund (URTF GRANT No TF0C5794). On December 19, 2025, the Grant Agreement (Additional Financing for Lifting Education Access and Resilience in Times of Need in Ukraine Project) between UKRAINE and the International Bank for Reconstruction and Development and the International Development Association jointly acting as a Supervising Entity for the Global Partnership for Education Fund and as administrator of the Ukraine Relief, Recovery, Reconstruction and Reform Multi-Donor Trust Fund (GPE GRANT No TF0D0613, URTF GRANT No TF0D0612) was signed in the amount of US$31.1 million.
More detailed information about the LEARN program is provided at https://projects.worldbank.org/en/projects-operations/project-detail/P504171
The latest additional grant agreement provides for expanded support for reforms in the education sector, in particular by:
• financing activities for the development of preschool education;
• providing grant support of the Global Partnership for Education (GPE) aimed at strengthening the institutional capacity of the Ministry of Education and Science of Ukraine to implement educational reforms.
In accordance with the provisions of the agreements concluded, the Ministry of Education and Science of Ukraine is responsible for the overall implementation, coordination, monitoring and reporting on the Project activities, in particular those aimed at strengthening the institutional management capacity of the Ministry of Education and Science of Ukraine. Such activities include the provision of technical assistance, the development and implementation of information systems, conducting training activities in the field of vocational (technical) education, as well as the implementation of initiatives in cross-sectoral areas, in particular inclusive education, European integration, education infrastructure management and strategic planning.
The Ministry of Education and Science of Ukraine (MoES) is implementing comprehensive reforms aimed at aligning the education system with labour market needs, supporting economic recovery, and advancing Ukraine’s European integration agenda.
A key component of this reform is the introduction of professionally oriented upper secondary education, which integrates general education with early professional orientation and creates structured pathways between general secondary education, vocational education, and professional pre-higher education.
The regulatory and methodological framework required for this transformation has already been established, including:
Initial experience in developing model programs has demonstrated strong demand, high institutional interest, and significant scalability potential. At the same time, the system currently lacks a sufficient number of professionally oriented model programs across priority economic sectors, as well as adapted academic content aligned with professional pathways.
Given that the regulatory framework has only recently been finalised, this Assignment represents the first opportunity to implement curriculum transformation at scale within a fully operational legal and methodological environment.
Under the GPE-financed institutional capacity activities, MoES intends to engage a qualified Consultant to develop a comprehensive, scalable and standardised set of professionally oriented model programs for upper secondary education. The Assignment shall be implemented over a period of six (6) months from the Effective Date of the Contract. The Assignment will enable rapid, scalable transformation of curriculum content, directly impacting over 37,000 learners in priority economic sectors and creating a foundation for nationwide implementation of professionally oriented upper secondary education.
The Assignment is expected to be implemented in line with World Bank Procurement Regulations for IPF Borrowers and applicable Ukrainian legislation.
II. OBJECTIVE
The objective of the Assignment is to support MoES in developing a comprehensive, scalable and standardised set of professionally oriented model programs for upper secondary education.
Specifically, the Assignment is to develop forty-one (41) model programs of mandatory educational components by educational domains for four (4) specializations of professionally oriented specialised secondary education, namely, Construction, Engineering and Technology, Information Technology, and Medical specialization (aligned with priority economic sectors) under the State standard of profile secondary education.
The model programs should be aligned with professional standards, labour market needs and sectoral requirements, as well as provide a unified national approach to curriculum development and adaptation.
The Consultant shall achieve the above objective in full compliance with applicable regulatory and legal framework of Ukraine, including relevant regulations of the Ministry of Education and Science of Ukraine, and procurement and implementation requirements of the World Bank.
III. SCOPE OF SERVICES
3.1 Overall Approach
The Consultant shall provide comprehensive technical, methodological and organisational support to MoES for the development of professionally oriented model programs for upper secondary education.
The Assignment shall build upon the existing regulatory framework developed by MoES.
The implementation logic shall follow a structured sequence:
All activities shall ensure consistency, scalability, and alignment across programs.
3.2 Components
Component 1. Expert Mobilisation and Coordination
The Consultant shall mobilise and manage a structured expert pool and ensure effective coordination throughout all stages of the Assignment.
The Consultant shall:
It is recommended that each Model Program draft be developed by a compact drafting team comprising at least two (2) Subject Experts (Non-Key Experts) responsible for its development.
Each Sectoral Expert shall coordinate all drafts of Model Programs within the assigned specialization and responsible for:
Subject Experts may contribute to the development of more than one Model Program draft depending on their qualifications and the implementation methodology proposed by the Consultant.
All experts shall be engaged on a contractual basis, with clearly defined deliverables, timelines, and performance expectations.
Component 2. Development of Specialised Model Programs
The Consultant shall develop forty-one (41) specialised model programs across four (4) specializations defined according to priority economic sectors in accordance with State standard of specialised secondary education, Typical educational program of specialised secondary education in a professional orientation and Procedure for Conducting Expertise, Providing Grades to Educational Literature and Curriculums.The four priority sectors are:
Each program shall:
The development of every model program draft shall be based on the Typical educational programme for professionally oriented specialised secondary education approved under Order 898 and on the corresponding Typical curriculum plan for each of the four profiles listed above. The list of mandatory educational components for which MPs shall be developed for each profile, together with the corresponding number of teaching hours, hours of independent work, ECTS credits and their distribution between the profile-adaptation cycle (year 1) and the profile cycle (years 2-3), is set out in Annex 1 to this ToR.
Each MP shall comply with the structure and content requirements established in the Typical Educational Programme and shall consist, at minimum, of the following four parts:
Each MP shall be submitted in the following format: paper size A4 (210×297 mm); font Times New Roman; main text – 14 pt; tables, footnotes and supplementary text – 10–12 pt; line spacing – 1.0; continuous page numbering starting from the second page.
The total workload of each MP, expressed in hours and ECTS credits, shall correspond exactly to the figures established for the relevant educational component for the respective profile, as set out in Annex 1. Any deviation shall be justified in writing by the Consultant and shall require prior written approval by MoES.
Although the educational domains of the components listed in Annexes 1 are common to all profiles, the content of each MP shall be professionally oriented to the specific profile for which it is developed, in accordance with Section 4 of the Typical Educational Programme. In particular, each MP shall:
The development cycle shall be completed within 90 working days.
Considering the large number of tasks included under this component, it may be practical to divide it into two implementation stages.
In accordance with the Quality Assurance Plan and MoES regulations the Consultant shall ensure the quality of all specialised model programs developed under this Assignment through a two-tier quality assurance system: (i) the Consultant's own internal quality assurance process, and (ii) the official State expertise and grif procedure administered by MoES and in accordance with the Procedure for Conducting Expertise and Granting Grifs to Educational Literature and Educational Programmes (MoES Order No. 675 of 5 June 2023).
Tier 1 - Consultant's internal quality assurance
The Consultant shall:
The Consultant may conduct iterative internal review at each stage of the development cycle and/or organise independent blind peer review as part of the Consultant’s internal quality assurance processes.
Tier 2 - Submission for the official MoES grif procedure
Each MP shall be submitted by the Consultant, through MoES to Ukrainian Institute of Education Development for expertise and the grant of the grif "Recommended by the Ministry of Education and Science of Ukraine," in accordance with the Procedure for Conducting Expertise and Granting Grifs to Educational Literature and Educational Programmes.
The Consultant shall note that, pursuant to paragraph 6 of Section IV of the Procedure, expertise of model programmes (as objects falling under subparagraph 3 of paragraph 5 of Section I of the Procedure) is exempt from the standard fee-based expertise mechanism. The Consultant's budget shall accordingly cover only its own internal quality assurance activity.
Expertise process and timelines to be reflected in the Work Schedule
The Consultant's Work Schedule shall account for the following parameters of the official procedure:
The Assignment shall be deemed complete in respect of Component 2 only once the full package of drafts of model programs has obtained the grif "Recommended by the Ministry of Education and Science of Ukraine" and has been duly entered in the Catalogue, once each tranche of programs has obtained such confirmation. Evidence of the grant of the grif and of the Catalogue entry shall be annexed to the relevant Interim or Final Completion Report.
IV. DELIVERABLES
The Consultant shall deliver the following key deliverables during the implementation of the Assignment.
Deliverable 1. Inception Report
Within 20 calendar days from the Effective Date of the Contract, the Consultant shall submit a Draft Inception Report, including:
Deliverable 2. Interim Report on development of the 1st set of Specialised Model Programs
The following outputs shall be produced under Deliverable 2:
Deliverable 3. Interim Report on development of the 2nd set of Specialised Model Programs
The following outputs shall be produced under Deliverable 2:
Deliverable 4. Final Completion Report
The following outputs shall be delivered under this deliverable and documented in the Final Completion Report:
The Consultant shall submit a Draft Final Completion Report no later than one month before the completion of the Assignment, summarising overall implementation results, achievement of objectives and targets, key lessons learned, and recommendations for further institutionalisation and sustainability.
Reports Submission and Acceptance Procedure
The following procedure shall apply to all reports submitted under this Assignment: the Inception Report (Deliverable 1), Interim Report on development of the 1st set of Specialised Model Programs (Deliverable 2), and Interim Report on development of the 2nd set of Specialised Model Programs (Deliverable 3) and the Final Completion Report (Deliverable 4).
The exact format of the reports will be discussed and agreed upon with MoES and, where applicable, with the World Bank, upon contract signing and before the commencement of the Assignment. All reports and deliverables will be submitted in a minimum of two (2) hard copies in English and two (2) hard copies in Ukrainian. The products developed (model programs as well as methodological materials for development for Ukrainian-speaking users) shall be submitted in Ukrainian only, without translation, and included as annexes to the relevant reports. All materials developed under this Assignment shall become the property of MoES.
The Consultant shall submit:
The draft of each report shall be submitted in electronic (Word/Excel and PDF) format to the Client’s email address specified in the Contract. The Client will review the draft within 14 calendar days from the date of receipt and provide comments, or confirm the quality and correspondence of the Assignment with the requirements of these Terms of Reference. The Consultant, within 7 calendar days from receipt of comments, shall process them and submit the revised report in electronic and paper format, together with a table indicating, for each comment, the method of its consideration or justification for any deviation.
If the Client has no comments on the revised report, the report shall be deemed approved, which shall be confirmed by a signed Acceptance Certificate for Services. If the Client does not respond with comments within the above-mentioned period, the draft report shall be deemed accepted.
If required by MoES, the Consultant shall provide ad-hoc reports within 3–7 calendar days, depending on the complexity of the request.
V. REQUIREMENTS
5.1 Consultant
The Consultant must be a legally registered firm or a Joint Venture / Consortium of firms.
Minimum Qualification Requirements (Pass/Fail Basis)
Failure to meet any of the requirements below shall result in disqualification.
Core Business and Experience
– curriculum development or educational program design;
– vocational education or education sector projects;
– capacity building programs for education institutions.
In case of a Joint Venture / Consortium (JVCA), the Lead Member shall demonstrate substantial compliance with the above requirements, including at least 3 (three) years of relevant experience and participation in at least 2 (two) relevant assignments. The JVCA as a whole must meet all qualification requirements.
Financial Capacity
In case of a JVCA: Lead Member: minimum 50% of the annual turnover requirement; Other members: minimum 25% of the annual turnover requirement; Combined: must fully meet the annual turnover requirement. Audited financial statements or verified financial documents shall be provided.
Experience with Donor-Funded Projects
5.2 Staff
5.2.1 Minimum expected staff inputs
The Consultant shall provide suitably qualified professionals in terms of expertise and time allocation to complete the activities required under the scope of work and to finally achieve the objectives of the Assignment in terms of time, costs and quality, within the agreed timeframe.
The Consultant shall also provide adequate administrative staff (secretaries, translators, etc.) needed to support the expert team.
The minimum expected staff inputs for the Assignment are summarised below.
Minimum staff inputs
Experts | Total Working Man-Months | |
Key Experts | ||
Project Manager | 6 | |
Expert (Curriculum Development) | 6 | |
Expert (Quality Assurance) | 6 | |
Expert (Sectoral) | 16 | |
Total Key Experts man-months: | 34 | |
Non-Key Experts | ||
Subject Experts | 82 | |
Total Non-Key Experts man-months: | 82 | |
Supporting Staff | ||
Editing assistant | 3 | |
Administrative assistant | 3 | |
Financial assistant | 3 | |
Total Supporting Staff man-months: | 9 | |
TOTAL MINIMUM EXPECTED STAFF INPUTS: | 125 |
*One working month is equal to 22 working days 8 working hours per day
5.2.2. Qualifications of Key Experts
KE1. Team Leader / Project Manager
Responsibilities:
Qualifications:
KE2. Curriculum Development Expert
Responsibilities:
Qualifications:
KE3. Sectoral Experts (Construction; Engineering and technology; Information technology; Medical)
Responsibilities:
Qualifications:
KE4. Quality Assurance Expert
Responsibilities:
Qualifications:
5.2.3 Qualifications of Non Key experts
In addition to the Key Experts, the Consultant will engage Non-Key Experts for the proper implementation of the Assignment. for the development, review, and finalisation of model programs.
Qualifications:
The Consultant shall ensure that all Non-Key Experts possess qualifications and experience relevant to the tasks assigned to them under the Assignment.
The involvement, number, profile and level of effort of Non-Key Experts shall be proposed by the Consultant in the technical proposal and further specified in the Inception Report and staffing plan. The MOES approval to a proposed Non-Key Expert shall be obtained prior to mobilisation based on a curriculum vitae supplied by the Consultant.
5.2.4 Supporting Staff
The Consultant shall provide adequate supporting staff (editor, administrative assistant, financial assistant) needed to support the expert team throughout the Assignment.
Supporting staff shall meet the following minimum requirements:
VI. IMPLEMENTATION ARRANGEMENTS
The Client shall be responsible for the implementation of the overall Project and the Consultant’s Assignment shall be managed and monitored by the Client’s Implementation Group.
The Consultant shall:
MoES shall:
All materials developed under this Assignment shall become the property of MoES.
VII. PAYMENT SCHEDULE
Payment for Consultancy Services shall be made upon completion of activities covered by the respective Deliverables and acceptance of the final versions of the reports by MoES, including formal approval of the model programs.
Payment for Consultancy Services shall be made in accordance with the following schedule:
Deliverable | Timeline | % of Contract Value |
Deliverable 1. Inception Report | Draft version – within 20 calendar days; final version – within 41 calendar days from Effective Date | 20% |
Deliverable 2. Interim Report on development of the 1st set of Specialised Model Programs | Draft version – no later than the 14th calendar day, and final version – no later than the 35th calendar day after completing Component 2 activities | 30% |
Deliverable 3. Interim Report on development of the 2nd set of Specialised Model Programs | Draft version – no later than the 14th calendar day, and final version – no later than the 35th calendar day after completing Component 2 activities | 30% |
Deliverable 4. Final Completion Report | Draft version – at latest 30 calendar days before completion; final version – at latest 9 calendar days before completion of services | 20% |
VIII. IMPLEMENTATION TIMELINE
The Assignment shall be implemented over a period of six (6) months from the Effective Date of the Contract. Implementation shall follow the phased approach outlined below.
Component 1 – Expert Mobilisation and Coordination (Month 1)
Key activities:
Key milestone:
Component 2 – Development of Specialised Model Programs (Months 2–6)
Key activities:
Key milestone:
Annex 1
LIST
of model programs to be developed
Profile: CONSTRUCTION (10 programs)
Educational components by educational domains | Workload, hours | Workload, ECTS credits | Direct instruction time by training cycle | |||
Direct instruction time | Self- study | Total | Profile-adaptation cycle (1 year) | Profile cycle (2 years) | ||
Language and Literature educational area |
|
|
|
|
|
|
| 385 | 155 | 540 | 18 | 124 | 261 |
| 210 | 90 | 300 | 10 | 80 | 130 |
Mathematical educational area |
|
|
|
|
|
|
| 252 | 108 | 360 | 12 | 105 | 147 |
Natural sciences educational area |
|
|
|
|
|
|
| 189 | 81 | 270 | 9 | 166 | 23 |
| 105 | 45 | 150 | 5 | 105 |
|
| 105 | 45 | 150 | 5 | 65 | 40 |
Technology educational area and arts educational area |
|
|
|
|
|
|
| 70 | 20 | 90 | 3 |
| 70 |
Informatics educational area |
|
|
|
|
|
|
| 105 | 45 | 150 | 5 | 35 | 70 |
Social and Health-Preservation educational area |
|
|
|
|
|
|
| 70 | 20 | 90 | 3 | 45 | 25 |
Civic and Historical educational area |
|
|
|
|
|
|
| 245 | 115 | 360 | 12 | 80 | 165 |
Profile: ENGINEERING AND TECHNOLOGY (10 programs)
Educational components by educational domains | Workload, hours | Workload, ECTS credits
| Direct instruction time by training cycle | ||||
Direct instruction time | Self- study
| Total | |||||
Profile-adaptation cycle (1 year) | Profile cycle (2 years) | ||||||
Language and Literature educational area |
|
|
|
|
|
| |
| 385 | 155 | 540 | 18 | 124 | 261 | |
| 210 | 90 | 300 | 10 | 80 | 130 | |
Mathematical educational area |
|
|
|
|
|
| |
| 315 | 135 | 450 | 15 | 105 | 210 | |
Natural sciences educational area |
|
|
|
|
|
| |
| 252 | 108 | 360 | 12 | 189 | 63 | |
| 84 | 36 | 120 | 4 | 84 |
| |
| 63 | 27 | 90 | 3 | 63 |
| |
Technology educational area and arts educational area |
|
|
|
|
|
| |
| 70 | 20 | 90 | 3 |
| 70 | |
Informatics educational area |
|
|
|
|
|
| |
| 105 | 45 | 150 | 5 | 35 | 70 | |
Social and Health-Preservation educational area |
|
|
|
|
|
| |
| 70 | 20 | 90 | 3 | 45 | 25 | |
Civic and Historical educational area |
|
|
|
|
|
| |
| 245 | 115 | 360 | 12 | 80 | 165 |
Profile: MEDICAL (11 programs)
Educational components by educational domains | Workload, hours | Workload, ECTS credits
| Direct instruction time by training cycle |
| |||
Direct instruction time | Self- study
| Total |
| ||||
Profile- adaptation cycle (1 year) | Profile cycle (2 years) |
| |||||
Language and Literature educational area |
|
|
|
|
|
|
|
| 385 | 165 | 540 | 18 | 124 | 261 |
|
2. Foreign language for professional purposes | 300 | 120 | 420 | 14 | 150 | 150 |
|
Mathematical educational area |
|
|
|
|
|
|
|
3. Integrated mathematics course | 252 | 108 | 360 | 12 | 105 | 147 |
|
Natural sciences educational area |
|
|
|
|
|
|
|
4. Integrated course in physics and astronomy | 63 | 27 | 90 | 3 |
| 63 |
|
5. Chemistry | 147 | 63 | 210 | 7 | 147 |
|
|
6. Biology | 126 | 54 | 180 | 6 | 126 |
|
|
7. Geography | 63 | 27 | 90 | 3 |
| 63 |
|
Technology educational area and arts educational area |
|
|
|
|
|
|
|
8. Integrated course in technology and arts | 70 | 20 | 90 | 3 |
| 70 |
|
Informatics educational area |
|
|
|
|
|
|
|
9. Digital technologies | 126 | 54 | 180 | 6 | 70 | 56 |
|
Social and Health-Preservation educational area |
|
|
|
|
|
|
|
10. Wellbeing and safety | 70 | 20 | 90 | 3 | 45 | 25 |
|
Civic and Historical educational area |
|
|
|
|
|
|
|
11. Integrated course in history and civic education | 245 | 115 | 360 | 12 | 40 | 205 |
|
Profile: INFORMATION TECHNOLOGY (10 programs)
Educational components by educational domains | Workload, hours | Workload, ECTS credits | Direct instruction time by training cycle |
| |||
Direct instruction time | Self- study
| Total |
| ||||
Profile-adaptation cycle (1 year) | Profile cycle (2 years) |
| |||||
Language and Literature educational area |
|
|
|
|
|
|
|
| 385 | 155 | 540 | 18 | 124 | 261 |
|
2. Foreign language for professional purposes | 263 | 127 | 390 | 13 | 133 | 130 |
|
Mathematical educational area |
|
|
|
|
|
|
|
3. Integrated mathematics course | 420 | 180 | 600 | 20 | 197 | 223 |
|
Natural sciences educational area |
|
|
|
|
|
|
|
4. Integrated course in physics and astronomy | 84 | 36 | 120 | 4 | 84 |
|
|
5. Chemistry | 63 | 27 | 90 | 3 | 63 |
|
|
6. Integrated course in geography and biology | 84 | 36 | 120 | 4 | 84 |
|
|
Technology educational area and arts educational area |
|
|
|
|
|
|
|
7. Integrated course in technology and arts | 70 | 20 | 90 | 3 |
| 70 |
|
Informatics educational area |
|
|
|
|
|
|
|
8. Digital technologies | 273 | 117 | 390 | 13 | 80 | 193 |
|
Social and Health-Preservation educational area |
|
|
|
|
|
|
|
9. Wellbeing and safety | 70 | 20 | 90 | 3 |
| 70 |
|
Civic and Historical educational area |
|
|
|
|
|
|
|
10. Integrated course in history and civic education | 245 | 115 | 360 | 12 | 40 | 205 |
|
"},{"id":"OP00467076","notice_type":"Request for Expression of Interest","noticedate":"04-Sep-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-04T00:00:00Z","submission_deadline_time":"16:45","project_ctry_name":"Western and Central Africa","project_id":"P500628","project_name":"Western Africa Regional Digital Integration Program - Series of Projects 2","bid_reference_no":"LR-MOPT-536338-CS-QCBS","bid_description":"Hiring of Consultant for Legal Advisory Services and Amendment of the Telecommunications Act (2007) Development of a Dig-One policy, and Drafting Infrastructure Sharing Regulations.","procurement_group":"CS","procurement_method_code":"QCBS","procurement_method_name":"Quality And Cost-Based Selection","contact_address":"McDonald & Carey Streets\n1000 Monrovia, 10 Liberia","contact_ctry_name":"Liberia","contact_email":"swaraymas@mopt.gov.lr","contact_name":"Mohammed Swaray","contact_organization":"Ministry of Posts and Telecommunications","contact_phone_no":"+231 88 652 4425","submission_date":"2026-09-04T00:00:00Z","notice_text":"
Republic of Liberia Ministry of Posts and Telecommunications Western African Regional Digital Integration Project – Series of Projects 2 Liberia (WARDIP SOP2-Liberia) |
Project ID: P500628
Terms of Reference
For
Recruitment of a firm to conduct Legal & Transaction Advisor for the Structuring and Capitalization of the Amilcar Cabral Cable Consortium of Liberia (AC3-Liberia)
Post Title: | Legal and Transaction Advisory Consultant for AC3-Liberia. |
Location of Post: | Monrovia, Liberia
|
Contract Duration: | 36 weeks |
Reporting Line: | WARDIP Liberia/PIU through the PIU Coordinator
|
Recruitment Type: | Local
|
Type of Contract | Individual Consultant X Consulting Firm (QCBS, CQS, LCS) Non-Consulting Service (Competitive Bidding)
|
1. PROJECT BACKGROUND
The Government of Liberia (GoL) has received financing from the World Bank for the preparation of the West Africa Regional Digital Integration Project - Series of Projects 2 Liberia (WARDIP SOP2-Liberia). This project, which will be implemented at the national level, seeks to facilitate increased broadband access and usage in preparation for regional digital markets integration in West Africa.
WARDIP SOP2-Liberia is the second phase of the Western Africa Regional Development Integration Program series of projects (DTfA – WARDIP), which builds consensus and momentum around the vision for achieving a Single Digital Market (SDM) in Africa. It is envisioned that the project will lead to an increased secure flow of digital services within and between participating countries in Western Africa. By the end of the SOP, foundations of a SDM in Western Africa in line with the AU SDM are expected to be in place.
WARDIP SOP2 builds on, and will run parallel to, investments in DTfA/WARDIP SOP1, further extending cross-border and backbone connectivity, data markets and online market environment in additional countries. It aims to increase broadband access and usage in participating countries and to advance the integration of digital markets in Western Africa and is structured to have 5 components.
Access to affordable, reliable, and resilient international internet connectivity is essential for Liberia’s digital transformation, economic growth, and social inclusion. Over the past decade, Liberia has significantly strengthened its digital infrastructure through its connection to the Africa Coast to Europe (ACE) submarine cable system, financed under the World Bank–supported West Africa Regional Communications Infrastructure Program (WARCIP). The ACE system has substantially expanded international bandwidth capacity, reduced wholesale prices, and enabled growth across Liberia’s digital economy.
Despite these improvements, Liberia currently relies almost entirely on a single submarine cable. As demand for data and digital services continues to rise—driven by increased mobile data usage, digital government rollout, enterprise connectivity needs, and cloud adoption—dependence on one international link exposes the country to serious risks, including outages, rising operational costs, and vulnerability to disruptions. Strengthening the redundancy, diversity, and resilience of Liberia’s international connectivity has therefore become a national priority.
To address this strategic need, the Government of Liberia, through the Ministry of Posts and Telecommunications (MoPT) and with support under the West Africa Regional Digital Integration Program (WARDIP), is advancing plans for a second international submarine cable landing in Liberia. While the specific system has not yet been finalized, the new submarine cable initiative is expected to provide the country with additional capacity, enhanced redundancy, improved competition, and greater resilience—supporting Liberia’s long-term digital transformation ambitions.
Planning for the second cable has been informed by a multi-country technical and financial feasibility assessment conducted by TACTIS, which examined future international capacity needs, technology options, landing site considerations, commercial structures, and governance arrangements across participating West African countries. For Liberia, the assessment confirmed that a second submarine cable is both technically viable and commercially justified. It identified strong and growing bandwidth demand and the need to reduce the risks associated with dependence on ACE. These findings reinforce the urgency of establishing a second connection and the importance of designing a sound ownership, governance, and financing structure.
To ensure efficient, transparent, and sustainable management of Liberia’s stake in the future cable system, the Government and private sector actors have agreed to establish a dedicated Special Purpose Vehicle (SPV)—the Amilcar Cabral Cable Consortium of Liberia (AC3-Liberia). Liberia’s major Mobile Network Operators (MNOs) and Internet Service Providers (ISPs) have signed a non-binding Memorandum of Understanding (MoU) expressing their intention to jointly establish and capitalize the SPV. The Government of Liberia will participate as a minority shareholder, providing policy alignment and strategic oversight while e
nsuring that ownership and operational control remain led by the private sector—consistent with global best practices for submarine cable wholesale governance.
The SPV will ultimately hold Liberia’s ownership interest in the second submarine cable system, including the landing station and any associated terrestrial infrastructure. To become operational, AC3-Liberia requires a complete set of legal, regulatory, commercial, and financial structuring actions, including incorporation, preparation of foundational corporate instruments, design of governance arrangements, valuation of contributions (including in-kind assets), financial modeling, assessing the need for additional investors, and preparing the SPV for financial close. The SPV must be designed to remain fully viable even if no external investors join initially, while retaining flexibility to accommodate new private-sector or development finance institution (DFI) participation in the future.
To support this effort, the Government of Liberia seeks to engage a single qualified advisory firm to provide integrated legal and transaction advisory services. The Advisor will assist the Government and the prospective shareholders in establishing AC3-Liberia as a legally compliant, financially sound, and commercially sustainable SPV capable of achieving financial close for the second submarine cable. The integrated nature of the assignment ensures that legal, commercial, and financial dimensions are fully aligned, reducing risks and enabling the creation of a robust and professionally governed entity that will safeguard Liberia’s long-term international connectivity.
2. OBJECTIVE OF THE ASSIGNMENT
The objective of this assignment is to structure AC3-Liberia as a financially viable, commercially sustainable, and operationally sound Special Purpose Vehicle (SPV) that reflects a majority private-sector ownership model with the Government of Liberia participating as a minority shareholder. The Advisor will provide integrated legal, commercial, and financial structuring support to ensure that the SPV is established on a sound foundation and is capable of achieving financial close and operational readiness for the new cable landing.
A core objective is the legal establishment and operationalization of AC3-Liberia. The Advisor will lead the drafting of all corporate legal instruments—including the Articles of Incorporation, Bylaws, Shareholders’ Agreement, Subscription Agreements, Governance Framework, and related documentation—and will manage the full registration process with the Liberia Business Registry and other national authorities. The assignment includes ensuring compliance with Liberian company law, telecommunications regulations, tax requirements, and all World Bank/WARDIP obligations, including safeguards, transparency, and good governance standards.
In parallel, the assignment aims to design and structure AC3-Liberia as a financially sustainable and bankable entity. The Advisor will assess capital requirements, develop a comprehensive financial model, and design a capital structure that reflects a majority private-sector ownership model with the Government participating as a minority shareholder. This includes valuing all shareholder contributions, incorporating the Government’s confirmed cash equity contribution, and identifying and valuing potential in-kind contributions that could strengthen the SPV’s capital base. The SPV must remain fully viable even if no additional investors join initially, while retaining flexibility to accommodate new private-sector investors or Development Finance Institutions (DFIs) should such participation later be deemed beneficial.
A third objective is to support investor readiness and capital mobilization options. The Advisor will assess whether attracting additional private investors or DFIs could bring financial, operational, or strategic value to the SPV. If justified, the Advisor will conduct targeted market sounding and provide recommendations on next steps. Any competitive investor selection process will only be undertaken if clearly warranted and approved by the Consortium.
A fourth objective is to ensure strong alignment between financial structuring and legal documentation. The Advisor will integrate legal and transaction advisory functions so that corporate instruments, commercial agreements, capitalization arrangements, IRU structures, risk allocation provisions, and governance mechanisms are coherent and mutually reinforcing. The assignment includes guiding the Government and private operators through negotiations, ensuring that all agreements are commercially sound, enforceable, and aligned with the long-term sustainability of the SPV.
Finally, the Advisor will guide AC3-Liberia through the process of achieving financial close and becoming fully operational. This includes preparing conditions precedent, capitalization steps, subscription arrangements, and the full set of documentation required by investors and financiers. The Advisor will prepare a complete financial close package and provide a clear roadmap for implementation, ensuring that AC3-Liberia is positioned to execute the submarine cable project effectively.
3. SCOPE OF WORK
The Consultant will provide comprehensive legal, commercial, and financial advisory services necessary for the establishment, structuring, operationalization, and capitalization of the Amilcar Cabral Cable Consortium of Liberia (AC3-Liberia). The scope covers all tasks required to (i) incorporate the SPV as a legally compliant entity, (ii) design and negotiate its governance and capital structure, (iii) prepare it for financial close, and (iv) ensure long-term sustainability and readiness to manage Liberia’s second international submarine cable landing.
This engagement includes, but is not limited to the following:
Phase 1: Corporate & Regulatory Foundations
Phase 2: Financial Feasibility, Commercial Model Options, and SPV Capital Structure
Support AC3 members in reviewing these options and facilitate consensus toward the preferred commercial structure. Once a model is agreed, translate it into the necessary financial assumptions and structuring parameters for the SPV.
Phase 3 – SPV Incorporation, Corporate Structuring, and Legal-Commercial Alignment
No process will be launched unless explicitly requested by AC3-Liberia.
Phase 4 –Negotiation, Document Finalization, and Financial Close Preparation
Phase 5 – Final Report and Handover
Prepare and submit a consolidated final report, including:
4. DURATION, DELIVERABLES OF THE ASSIGNMENT, AND PAYMENT SCHEDULE
The assignment is expected to last 12 months (365 days) or until financial close of AC3-Liberia, whichever occurs first.
Payments will be made upon acceptance of the following deliverables:
Timeline | Deliverables | Payment (%) |
Commencement + 2 weeks | Inception Report and Immediate Readiness Actions
| 10% |
Commencement + 8 weeks | Financial Feasibility, Commercial Structure Options, and Draft Capital Structure
| 20% |
Commencement + 12 weeks | Preferred Commercial Structure & Validated Financial Model
| 20% |
Commencement + 16 weeks | Full Draft Corporate Legal Documentation Package
| 20% |
Commencement + 22 weeks | Negotiation Support and Revised Legal & Commercial Documents
| 15% |
Commencement + 30 weeks | Financial Close Package and Final Documentation
| 10% |
Commencement + 36 weeks | Final Report and Handover
| 5% |
5. QUALIFICATIONS AND EXPERIENCE
The selected firm must demonstrate the capacity to deliver both legal advisory and financial/transaction advisory services under a single contract, with proven experience in structuring and operationalizing infrastructure SPVs. Specifically, the firm must meet the following criteria:
Experience working in West Africa or similar environments is an advantage.
Ability to deploy a multidisciplinary team fluent in English, available throughout the assignment.
5.1 KEY EXPERTS
The consulting firm shall provide the following key experts for the assignment:
The firm may propose additional non-key experts (e.g., Tax Advisor, Telecom Market Specialist, etc.) as needed to deliver the assignment. These will not be scored individually but will be considered in assessing the overall adequacy of the proposed team.
6. CONFIDENTIALITY
By accepting to take part in the invitation, the Consultant agrees to keep in confidence all information shared by the Liberian government authorities and the World Bank, whether written or oral, concerning the invitation and/or in relation to the government organizations’ business involved in this assignment which is not of public domain. The Consultant also agrees to use it only for the purposes of this activity and for no other reasons and not to disclose any of the said information to any third party.
"},{"id":"OP00464731","notice_type":"Request for Expression of Interest","noticedate":"25-Aug-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-07T00:00:00Z","submission_deadline_time":"17:00","project_ctry_name":"St Maarten","project_id":"P179067","project_name":"SINT MAARTEN: WASTEWATER MANAGEMENT PROJECT","bid_reference_no":"SX-NRPB-569596-CS-INDV","bid_description":"Hydraulic Engineer","procurement_group":"CS","procurement_method_code":"INDV","procurement_method_name":"Individual Consultant Selection","contact_address":"Walter Nisbeth Road 57\nPhilipsburg, St, Maarten","contact_ctry_name":"St Maarten","contact_email":"jobopportunity@nrpbsxm.org","contact_name":"Alvaro Vadillo","contact_organization":"National Recovery Program Bureau","contact_phone_no":"+17215428887","contact_web_url":"https://nrpbsxm.org/","submission_date":"2026-08-25T00:00:00Z","notice_text":"
National Recovery Program Bureau
TERMS OF REFERENCE
For
Individual Consultant (20 months)
-Time based-
HYDRAULIC ENGINEER
Background
Following the devastation caused by hurricanes Irma and Maria in September 2017, the Government of Sint Maarten embarked on a large-scale recovery and reconstruction program, based on the principle of building back better.
Since January 2018, the World Bank is assisting the Government of Sint Maarten. A significant part of Sint Maarten’s ongoing recovery and reconstruction program is financed through a Trust Fund financed by the Netherlands, managed by the World Bank, and implemented by Sint Maarten.
To support the implementation of the Trust Fund, the Government of Sint Maarten established the National Recovery Program Bureau (NRPB), which serves as the Project Implementation Unit (PIU) for the Government of Sint Maarten.
Short Description of the Project
The Wastewater Management Project (hereinafter referred to as “the Project”) implements a wide range of activities, in close collaboration with government counterparts and ministries, notably Ministry of Public Housing, Spatial Planning, Environment, and Infrastructure (hereinafter referred to as “VROMI”.
The project consists of the improvement of the coverage and performance of the wastewater system in Sint Maarten. This will be done through the expansion of the existing sewerage network to enable the connection for residents and commercial enterprises, the rehabilitation of critical parts of the existing sewage system to improve its climate resilience and operational efficiency and the improvement of the wastewater treatment plant.
Role of the Engineer
NRPB is seeking the services of an Engineer [hereinafter referred to as “Consultant”] to support the NRPB with technical expertise on all construction-related activities under the Wastewater Management Project and any other project that could utilize the specific expertise of the Engineer. The Engineer will assist the NRPB in the development of terms of references, technical drawings, bills of quantities, cost estimates, bidding documents etc. (S)he will monitor works on behalf of the project Manager (PM) and represent the NRPB in technical committee meetings and evaluations upon
SWAMP PM request. The Engineer shall report regularly on the progress of project implementation to the NRPB.
Key Duties and Responsibilities
The Engineer will be a full-time professional responsible for technical aspects of project execution and supervision and will support the NRPB with all matters concerning construction under the Project. Construction activities under the project include the installation of sewerage pipes, construction of manholes, connections to buildings and upgrade works in the wastewater treatment plant.
The Engineer’s responsibilities will include:
1. Work within the NRPB on the implementation of the Project following the rules and regulations of the World Bank.
2. In coordination with NRPB Procurement, as well as line ministries/external agencies, manage and supervise the preparation of all required technical project documents including Terms of Reference (ToRs) for consultants and consulting firms, specifications, and designs for works.
3. Cooperate and coordinate with operational units of line ministries/agencies to develop technical terms of references, scope of works, bills of quantities and cost estimates.
4. Assist NRPB Procurement in the preparation of technical tender documents.
5. Identify all technical elements and documentation required to implement assigned project activities.
6. Represent the NRPB as the contracting officer’s technical representative (COTR) during project execution and serve as the principal contact with consultants and contractors during project execution.
7. Represent the NRPB in technical bid evaluations during the contracting process.
8. Track activities’ progress, specifically to ensure timely conclusion of works.
9. Regularly monitor and report on project execution progress and budget performance.
10. Regularly liaise with the Project Manager, NRPB Procurement Officers, E&S Officers, Legal Officers, and M&E Specialist to ensure achievement of the program objectives, as well as ensure compliance with World Bank procedures.
11. Work directly with project counterparts and relevant stakeholders to ensure deliverables fall within the applicable scope and budget. This will involve coordinating with other departments within the Government as well as external counterparts, to ensure all aspects of each construction activity are compatible and to clarify specific requirements of each project.
12. Report periodically to the Project Manager on progress and challenges of ongoing construction activities.
13. Make suggestions that may improve his/her own job description or implementation, the overall implementation of SWaMP or the functioning of the NRPB.
14. Assist with any other project that could utilize the specific expertise of the Engineer.
15. Conduct any other ad hoc technical or contract management work as directed by the Project Managers.
Contractual Arrangements.
A time-based contract is expected to be signed. The start date of the contract will be October 2026 or soon thereafter. The contract’s duration will be 20 months, until 30 June 2028. The successful candidate is expected to be based within Philipsburg, Sint Maarten. The Consultant is expected to perform the above-mentioned tasks on an ongoing basis during the term of his/her assignment, to the satisfaction of the Project Manager.
The consultant will report monthly to the Project Manager
The performance of the Consultant will be appraised by the Project Manager based on the timely implementation and execution of tasks described under the key responsibilities for the role.
Qualification requirements
Minimum Requirements
· Master’s degree in civil engineering, water or wastewater Engineering;
- With a Master’s Degree: A minimum of 5 years of professional experience in the field of technical design, construction management and site supervision
Or: Bachelor’s Degree in Civil Engineering, water or wastewater Engineering;
- With a Bachelor’s Degree: A minimum of 7 years of professional experience in the field of technical design, construction management and site supervision;
· Functionally computer literate, possessing operational skills in word-processing and spreadsheet software such as MS Word, MS Excel, MS PowerPoint and project management software such as MS Project;
· Proven relevant experience in preparation of technical documentation, Terms of references, technical bidding documents and specifications.
· Proven relevant experience of wastewater installations management and site supervision;
· Proven relevant experience in managing external consultants and contractors;
· Proven experience with the preparation of technical briefings and reports.
· Fluency in English;
· Ability to work with and coordinate other professionals in engineering activities;
· Demonstrated ability to work in teams within a collaborative mode; develop and maintain effective work relationships with counterparts;
· Ability to manage priorities and workflow within deadlines and work efficiently under pressure;
· Time management and organizational skills with attention to detail;
Preferred Experience
· Experience in multidisciplinary, donor-funded projects.
· Familiarity with World Bank procedures would be a significant advantage.
· Proficiency in Dutch in speech and writing is an advantage.
· Understanding the challenges faced by (Caribbean), Small Island Developing States (SIDS);
Strategic Competencies – brief description
NRPB as an organization is committed not only to WHAT we must achieve but also on HOW we are going to reach our objectives. Therefore, for this position we are looking for a profile that displays the following competencies:
Professional Acumen - Intermediate Level
· Applies problem-solving methodologies and tools to diagnose and solve operational and interpersonal problems;
· Determines the potential causes of the problem and works on certain scenarios;
· Sees opportunities and takes the initiative to act on them;
· Understands that responsible use of resources maximizes our impact on our beneficiaries;
· Open to change and flexible in a fast-paced environment;
· Effectively adapts own approach to suit changing circumstances or requirements;
· Evaluates data and courses of action to reach logical, pragmatic decisions;
· Takes an unbiased, rational approach with calculated risks;
Looking at the bigger picture – Strategic outlook – Beginner Level
· Aligns current work and activities with the NRPB’s strategic goals;
· Acts on and implements strategies and policies in accordance with the NRPB’s strategic goals;
· Comprehends operational and organizational goals and direction;
Leading myself and the others – Intermediate Level
· Regularly provides constructive feedback and recognition to team members regarding job performance;
· Collaborates and supports the development of others;
· Shares own knowledge and best practices with others for the purpose of assisting in their ongoing development;
Respect for diversity - Intermediate level
· Treats all individuals with respect;
· Responds sensitively to differences and encourages others to do the same;
· Shows flexibility in changing the styles when faced with multiple dimensions of culture to be effective across cultural contexts;
· Understands multiple cultural frameworks, values, and norms;
Successful Communication – Intermediate level
· Explains issues clearly and succinctly;
· Writes clearly and succinctly in standard communication settings and styles;
· Can clearly identify the subject and state the purpose of the communication;
· Communicates with impact as well as with empathy;
· Remains calm when dealing with conflicts; shows empathy;
Relationship Building. Consultation and Collaboration – Intermediate level
· Shares information and readily determines to whom to go for relevant information;
· Seeks assistance and feedback in the problem-solving process;
· Fosters teamwork;
· Initiate collaboration on projects or methods of operating;
· Demonstrates understanding of the impact of own role on all partners and always puts the end beneficiary first;
Courage and Integrity –Intermediate level
· Maintains general knowledge of ethics, laws, regulations, standards that may impact the organization
· Reinforces difficult decisions that align with the organizational strategies and goals
· Enforces policies consistently
· Influences others to behave in an ethical manner
· Takes immediate action regarding reports of unethical behaviors or conflict of interest
How to Apply?
Interested consultants can send their CV in English by e-mail ONLY to jobopportunity@nrpbsxm.org.
In the subject line, please state, “Hydraulic Engineer ”. The CV should clearly present relevant experience to meet minimum requirements and preferred requirements, as outlined in this terms of reference.
Applicants should ensure that their CV is received before __________2026, at 17h00 AST. Any CVs received after this deadline may not be considered.
When applying, please consider the following requirements:
· Upon selection for an interview, applicants will be requested to produce evidence of the educational and professional qualifications pertaining to the minimum requirements. References may be asked for.
· Applicants may also be subject to satisfactory background checks.
"},{"id":"OP00459459","notice_type":"Request for Expression of Interest","noticedate":"19-Aug-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-08-28T00:00:00Z","submission_deadline_time":"17:00","project_ctry_name":"Marshall Islands","project_id":"P181250","project_name":"Renewable Energy Generation and Access Increase Project","bid_reference_no":"MH-MEC-563965-CS-CQS","bid_description":"Preparation of an Energy Sector Investment Program for the Marshall Islands","procurement_group":"CS","procurement_method_code":"CQS","procurement_method_name":"Consultant Qualification Selection","contact_address":"P.O. Box 1439\nMajuro, Marshall Is.\nMH 96960","contact_ctry_name":"Marshall Islands","contact_email":"jack.chonggum@mecrmi.net","contact_name":"Jack Chong-Gum","contact_organization":"Marshalls Energy Company","contact_phone_no":"(692)625 3828","contact_web_url":"meccorp@ntamar.net","submission_date":"2026-08-19T00:00:00Z","notice_text":"Renewable Energy Generation and Access INcrease Project (REGAIN)
(P181250)
Marshall Islands
REQUEST FOR EXPRESSIONS
OF INTEREST
Consulting Services
For
Preparation of an Energy Sector
Investment Program (ESIP) for
the Marshall Islands
Grant No.: E331-MH
REGAIN Project
Reference No. MH-MEC-564965
July 31, 2026
The Government of the Republic of the Marshall Islands (GRMI) has received financing from the International
Development Association (IDA) (the “Bank”) in the form of a grant (hereinafter called “the Grant”), in the
amount of US$60 million, toward the cost of the Renewable Energy Generation and Access Increase (REGAIN)
Project (P181250), approved and effective as of December 13, 2024, with a closing date of September 30, 2030.
The Marshalls Energy Company (MEC), as Employer and implementing agency, intends to apply a portion of
the proceeds of the Grant to eligible payments under a contract for consulting services for the preparation of an
Energy Sector Investment Program (ESIP), under Sub-Component 3.1 (Sector Development Assistance) of the
REGAIN Project. The ESIP shall be prepared in close coordination with the newly established National Energy
Authority (NEA) and shall cover Majuro, Ebeye and the outer island systems.
The consulting services (“the Services”) comprise the preparation of a prioritized, costed, and financeable
Energy Sector Investment Programme (ESIP) for the Marshall Islands, aligned with the Government's existing
Energy Strategy and Integrated Resource and Resilience Plan (IRRP). The Services include, among others:
• Targeted sector diagnostics and strategic review;
• Review and update of the least-cost development pathway, including preparation of an updated and
integrated IRRP covering Majuro, Ebeye, and Outer Islands;
• Preparation and update of the energy sector investment pipeline;
• Renewable energy and storage target refinement;
• Preparation of a financing strategy;
• Preparation of a policy reform and enabling actions roadmap;
• Preparation of an e-mobility investment and strategic framework;
• Design of the ESIP monitoring and implementation framework;
• Stakeholder engagement, consultations and results validation; and
• Outer-island mini-grid (and, where suitable, mesh-grid) concept design.
The assignment is structured as a lump-sum contract with an estimated duration of 12 months, with an expected
start date in September 2026. The selected firm will nominate a multidisciplinary team, including the Key
Experts described below, and will report to MEC, coordinating closely with NEA, the World Bank, ADB and
other relevant stakeholders.
The Terms of Reference (TOR) for the assignment are attached to this Request for Expressions of Interest.
MEC now invites eligible consulting firms (“Consultants”) to indicate their interest in providing the Services.
Interested Consultants should provide information demonstrating that they have the required qualifications and
relevant experience to perform the Services.
The shortlisting criteria are:
Mandatory requirements
a) Firm Experience:
1. At least 10 years of experience in energy sector planning, energy investment planning, integrated
resource planning, sector development strategies, or related advisory services.
2. Successful completion of at least two similar assignments during the last ten years involving energy
sector investment programs, integrated resource planning, utility master planning, energy transition
roadmaps, or comparable strategic energy planning studies.
3. Demonstrated experience working in developing countries, Small Island Developing States (SIDS), or
geographically dispersed island power systems.
4. Technical and managerial capacity to undertake multidisciplinary energy sector assignments.
The Consultant shall demonstrate availability of qualified experts in energy sector planning, power system
planning, finance, policy and stakeholder engagement. Key Experts will not be evaluated at the shortlisting
stage.
Discretionary requirements
1. The Firm’s ability to satisfy many or all of the following points are also considered relevant to a
successful application
o Proven ability to work effectively and sensitively in multi-cultural environments and build
effective business relationships with clients and colleagues.
o Experience of undertaking projects in a small developing state or a small island state or
municipality.
The attention of interested Consultants is drawn to Section III, paragraphs, 3.14, 3.16, and 3.17 of the World
Bank’s “Procurement Regulations for IPF Borrowers” September 2025 (“Procurement Regulations”), setting
forth the World Bank’s policy on conflict of interest. In addition, please refer to the following specific information
on conflict of interest related to this assignment:
Consultants may associate with other firms to enhance their qualifications but should indicate clearly whether the
association is in the form of a joint venture and/or a sub-consultancy. In the case of a joint venture, all the partners
in the joint venture shall be jointly and severally liable for the entire contract, if selected.
A Consultant will be selected in accordance with the Selection based on Consultant’s Qualifications (CQS)
method set out in the World Bank Regulations for IPF-Borrowers September 2025
Further information can be obtained at the address below during office hours. 0900 to 1700 hours.
MEC:
Attn: Steve Wakefield
PO Box 1439
Majuro MH 96960
Republic of the Marshall Islands
Tel: 692-625-3827/3829
E-mail: swakefield@mecrmi.com
Copy: Jack Chong-Gum, jack.chonggum@mecrmi.net
EOI Submission Requirements:
Expressions of Interest should include the following information:
1. Firm profile
Expressions of Interest EOI must be delivered in a written form to the address below August 28th, 2026.
2. Organizational Capacity
3. Relevant assignments (maximum 10 projects) preferably including energy sector planning or similar
assignments in developing countries or small island states.
4. Confirmation of mandatory requirements
5. Company registration documents
Page Limit: Maximum 15 pages excluding registration documents.
Yours sincerely,
Jack Chong-Gum
CEO
Marshalls Energy Company
P O Box 1439, Majuro MH 96960
jack.chonggum@mecrmi.net
Republic of the Marshall Islands
Marshalls Energy Company (MEC)
Terms of Reference (TOR)
Preparation of an Energy Sector Investment Program for the Marshall Islands – REGAIN
Project
Project ID: P181250
Assignment Type: International Firm (Lump sum Contract)
Duration: 12 Months
Location: Remote with Periodic Missions to Majuro
1. Background
The Republic of the Marshall Islands (RMI) is one of the world's smallest and most isolated nations. The country
consists of 29 atolls and 5 low coral islands situated on about 181 square kilometres (km2) of land mass in the
Pacific Ocean. Majuro (the nation's capital) and Ebeye, the country's two largest urban centres, account for about
96 percent of total population while the remaining inhabit outer atolls. The Government of the Republic of
Marshall Islands, (GRMI) and MEC require assistance to increase the amount of renewable energy generation
and BESS in the selected islands to increase access to electricity and to reduce dependence on hydrocarbon fuels
for their remote populations.
MEC, the state-owned energy utility, generates and provides electricity to Majuro Atoll, serving 55 percent of
RMI's population. MEC also manages three mini grids in Jaluit, Wotje, Rongrong (Majuro Atoll) and Kili Island,
the latter having been recently transferred to MEC from the Kili Bikini Ejit Local Government. The Government
has partnered with the World Bank through the Renewable Energy Generation and Access Increase Project
(REGAIN) – an IDA grant of US$60 million approved and effective as of December 13, 2024, with a closing
date of September 30, 2030. The REGAIN project aims to increase renewable energy generation and improve
electricity access while reducing reliance on diesel-based generation.
RMI’s Electricity Roadmap targets an objective of net zero greenhouse gas emissions and the achievement of
100% renewable electricity in the power generation mix by 2050. As a small and geographically dispersed island
nation, RMI remains highly dependent on imported diesel for electricity generation, which exposes the country
to high energy costs and vulnerability to global fuel price shocks. At the same time, growing electricity demand,
the need to improve the reliability of aging infrastructure, and the expansion of services across outer islands
require significant levels of investment in modern, resilient energy systems. Ensuring a reliable, clean, and cost-
effective electricity supply is therefore critical to achieving national climate commitments, strengthening energy
security, and supporting sustainable socio-economic development.
Under Sub-Component 3.1 of the REGAIN project (Sector Development Assistance), MEC plans to undertake a
study to prepare the country’s Energy Sector Investment Program (ESIP). The ESIP shall propose and define a
set of detailed, prioritized energy investments to safely and reliably increase renewable energy penetration in
Majuro and Ebeye grids, as well as other outer islands. The ESIP shall be prepared in close coordination with the
newly established National Energy Authority (NEA), and shall cover the national footprint of RMI, including
Majuro, Ebeye and the outer island systems.
The ESIP shall take into account the full range of relevant existing studies, including but not limited to:
• The Integrated Resource and Resilience Plan 2024-2034, which already sets out a high-level power system
assessment and identifies a set of proposed investments in Majuro.
• SEDeP and REGAIN projects, including existing and new solar PV and Battery Energy Storage Systems
(BESS) capacity to be deployed.
• Relevant energy sector programs and studies of other development partners active in the RMI, in particular
the Asian Development Bank (ADB), such as the Energy Transition Project, to be considered to ensure
coordination and avoid duplication of efforts.
• RMI Electricity Roadmaps and national targets.
2. Objectives
The objective of this assignment is to prepare a prioritized, costed, and financeable Energy Sector Investment
Programme (ESIP) which is aligned with the existing Energy Strategy and Integrated Resource and Resilience
Plan (IRRP). The ESIP will build upon existing planning and strategy documents and will focus on updating,
operationalizing, and translating these into an actionable investment and implementation framework.
The ESIP should include:
• The identification of investment priorities, including both generation and power grids.
• Descriptions of viable approaches to financing the identified needed investments.
• The enabling actions, including policy options to support the investment program.
• The necessary implementation arrangements required to support delivery of national energy sector
objectives.
3. Project Description
The proposed ESIP project will support the development of a prioritized, costed, and implementable investment
program for the Marshall Islands’ energy sector, aligned with the Government’s existing Energy Strategy and
considering the Integrated Resource and Resilience Plan (IRRP) for Majuro (prepared in 2024). Building on these
existing strategic and planning instruments, as well as an updated IRRP1
covering Majuro, Ebeye and the outer
island systems, the ESIP will translate national energy objectives into an actionable pipeline of investments and
enabling measures required to support sector development, energy security, resilience, decarbonization, and long-
term sustainability. The project will consolidate and update existing and official sector analyses and investment
priorities, while identifying financing approaches, implementation arrangements, and policy actions necessary to
facilitate delivery of priority investments.
The ESIP will include targeted sector diagnostics, a review and validation of the existing least-cost development
pathway, refinement of renewable energy and storage deployment trajectories, and the preparation of an updated
1 The updated IRRP Will be prepared as part of the present technical assistance and will include updating the existing (2024) IRRP for
Majuro and expanding the geographical coverage of the IRRP to also include Ebeye and the outer island systems.
energy sector investment pipeline. The project will also assess investment requirements associated with emerging
priorities such as grid modernization, resilience, storage integration, and e-mobility development. In parallel, the
ESIP will develop an overall financing strategy identifying potential public, private, concessional, and climate
finance sources, together with a policy reform and enabling actions roadmap aimed at addressing barriers to
implementation and investment mobilization.
The project will further establish an implementation and monitoring framework to support effective delivery and
tracking of the ESIP over time. Stakeholder engagement and consultation will be undertaken within the
assignment to ensure alignment across government institutions, utilities, development partners, and other relevant
stakeholders.
The resulting ESIP will provide a practical action plan for sequencing and financing priority energy sector
investments and will serve as a key tool for guiding government decision-making, coordinating development
partner support, and mobilizing investment into the sector.
4. Implementation Arrangements
MEC will be the Client and Employer under this assignment responsible for approving deliverables and payments.
NEA, as the national regulatory body for renewable energy in the Marshall Islands, will act as the principal
regulatory interface between MEC and the Consultant. For deliverables with regulatory or renewable energy
policy implications, the Consultant shall obtain NEA's endorsement prior to MEC's final approval. The Consultant
shall work under the direction of MEC and coordinate closely with:
• MEC management and technical staff.
• REGAIN Project Management Services consultant, as applicable.
• Project Implementation Unit within MEC.
• National Energy Authority (NEA), the national regulatory body for renewable energy, serving as the
regulatory interface between MEC and the Consultant.
• World Bank on matters requiring no-objection, reporting, or implementation support.
• ADB and other development partners active in RMI's energy sector, as relevant.
5. Scope of Services
Task 1. Targeted sector diagnostics and strategic review
The Consultant will undertake a focused review of the energy sector to validate key assumptions, identify material
developments since preparation of the IRRP and Energy Strategy, and assess investment-relevant constraints and
opportunities. This is a diagnostic update, as opposed to a full sector assessment.
Specifically, the Consultant will:
(i) Review of existing sector policies, strategies, and plans.
(ii) Review of recent sector developments and pipeline projects.
(iii)Assessment of institutional, financial, and implementation constraints.
(iv)Review of utility performance and sector financing context.
(v) Identification of critical sector gaps affecting investment delivery.
(vi)Validation of key demand, technology, and resilience assumptions relevant to the ESIP.
Task 2. Review and update of the least-cost development pathway.
The Consultant will review the existing least-cost development pathway established under the existing IRRP
(2024) for Majuro and undertake targeted updates where necessary to ensure continued relevance for investment
planning purposes. The Consultant will also expand the geographic focus, to also cover Ebeye and Outer Islands,
incorporating the results the existing IRRP update and the analyses of the Ebeye and Outer Islands into a single
and integrated IRRP covering the entire geographic extent of the Marshall Islands (i.e., Majuro, Ebeye, and Outer
Islands).
The key steps to be implemented include:
(i) The review of the underlying assumptions (especially the demand forecast, and renewable potential) used
in the existing IRRP for Majuro. Preparation of underlying assumptions to be used in the expanded and
integrated IRRP, covering Majuro, Ebeye and Outer Islands.
(ii) Assessment of prevailing conditions, and any material changes, affecting the least-cost pathway,
including:
a. Demand projections.
b. Fuel prices.
c. Technology potential and costs.
d. Resilience considerations.
e. Renewable integration requirements, including storage deployment needs.
f. Policy or regulatory developments.
(iii)Realization of high-level modelling and analytical updates, as required.
(iv)Confirmation of priority development trajectories for generation, storage, transmission, and distribution
investments in the Marshall Islands (covering Majuro, Ebeye, and Outer Islands).
(v) Preparation of the integrated and updated Marshall Islands IRRP document.
Task 3. Preparation and update of the energy sector investment pipeline
The Consultant shall develop a consolidated, prioritized, and sequenced pipeline of energy sector investments.
The Consultant will undertake the following:
(i) Consolidation of existing project pipelines and studies.
(ii) Update of investment requirements identified in the updated IRRP prepared under Task 2 and covering
the full geographic extent of the Marshall Islands, and related studies.
(iii)Identification of additional investment needs where gaps are identified.
(iv)Categorization of investments by subsector and implementation timeframe.
(v) Preliminary costing and sequencing of investments.
(vi)Identification of priority and near-term investments.
(vii) Development of an implementation-oriented investment pipeline, including both generation and
power grid infrastructure.
It is suggested that the following investment categories be used to group investments by type: renewable energy;
storage; transmission; distribution; resilience investments; grid modernization; energy Access; energy efficiency;
and e-mobility infrastructure.
Task 4. Renewable energy and storage target refinement
This phase is designed to support the operationalization of national renewable energy and storage ambitions
within the ESIP framework.
The Consultant shall undertake the following:
(i) Review of existing renewable energy and storage targets.
(ii) Assessment of the degree of consistency between targets, investment requirements, and implementation
capacity.
(iii)Refinement of indicative deployment trajectories where required.
(iv)Identification of enabling investments needed to support achievement of targets.
(v) Assessment of the implications for grid infrastructure and flexibility requirements.
It is important to note that the ESIP supports refinement and operationalization of existing targets rather than
formulation of entirely new national policy targets unless specifically directed.
Task 5. Preparation of the financing strategy
Under this phase, a comprehensive financing approach for implementation of the ESIP will be developed.
The Consultant will undertake the following:
(i) Estimation of financing requirements by subsector and timeframe.
(ii) Assessment of the public and private financing opportunities.
(iii)Identification of potential development partner and climate finance sources.
(iv)Assessment of opportunities for private sector participation and PPP models.
(v) Identification of financing gaps and constraints.
(vi)Development of recommendations for investment mobilization and project preparation.
The Consultant is expected to consider possible financing from the Marshall Islands’ public Budget; IFIs and
MDBs; climate finance; green finance instruments; IPPs/PPP structures; and commercial finance sources.
Task 6. Preparation of the policy reform and enabling actions roadmap
The aim of this phase is to identify priority policy, regulatory, institutional, and implementation measures required
to support delivery of the ESIP in practice in the Marshall Islands.
The Consultant will undertake the following activities:
(i) Identification of barriers affecting implementation of priority investments.
(ii) Review of the investment-related policy and regulatory gaps.
(iii)Assessment of permitting, procurement, and institutional coordination challenges.
(iv)Identification of utility and institutional capacity needs.
(v) Development of a phased roadmap of enabling actions and reforms.
Task 7. Preparation of the E-Mobility investment and strategic framework
This phase involves the assessment of implications of e-mobility development for the energy sector of the
Marshall Islands and identifies the associated investment and implementation requirements.
The Consultant will undertake the following:
(i) Review of the existing transport and e-mobility policies and initiatives.
(ii) Assessment of the expected electricity demand implications of e-mobility uptake.
(iii)Identification of charging infrastructure investment requirements.
(iv)Assessment of the main grid and distribution system implications.
(v) Identification of priority implementation actions and enabling measures.
(vi)Development of a high-level e-mobility framework aligned with the ESIP.
It is important to note that this framework is a targeted strategic and investment assessment linked specifically to
the Marshall Islands’ energy sector, not a standalone national transport strategy.
Task 8. Design of the ESIP monitoring and implementation framework
This phase comprises the development of a framework for monitoring implementation progress and investment
delivery.
The Consultant will undertake the following activities:
(i) Definition of the implementation monitoring indicators.
(ii) Development of reporting and governance arrangements.
(iii)Identification of institutional responsibilities.
(iv)Establishment of investment tracking mechanisms.
(v) Development of implementation milestones and review mechanisms.
(vi)Preparation of proposals on periodic ESIP update procedures.
It is anticipated that the monitoring and implementation framework will focus on the following key areas (and
others, as appropriate): investment delivery; financing mobilization; renewable deployment; grid expansion;
storage integration; e-mobility rollout; and resilience implementation.
Task 9. Stakeholder engagement, consultations and results validation
The Consultant will consult with and validate key assumptions and contents of the prepared ESIP with key
stakeholders, as appropriate, and to ensure alignment, ownership, and validation of the ESIP.
The Consultant will undertake the following activities:
(i) Planning and moderation of a stakeholder workshop to present the overall project outputs.
(ii) Realization of technical consultations as required, and consultations with MEC and the Marshall Islands
government.
(iii)Validation of prioritization and financing assumptions
Task 10. Outer-island mini-grid concept design
This phase responds to the need to improve electricity supply on selected outer islands by developing concept-
level designs for island mini-grids (and, where technically suitable, mesh-grid configurations). The concept
designs will inform and feed directly into the integrated IRRP (Task 2) and the energy sector investment pipeline
(Task 3).
The Consultant will undertake the following activities:
(i) Screening and prioritization of outer islands for mini-grid / mesh-grid intervention, based on
agreed technical, demand, and socio-economic criteria.
(ii) Assessment of existing electricity supply, demand profiles, and renewable resource potential (in
particular solar and storage) for the selected islands.
(iii)Development of concept-level system configurations, including indicative generation, storage, and
distribution sizing, and consideration of mini-grid versus mesh-grid architectures.
(iv)Preliminary technical design and equipment specifications sufficient to support investment
costing.
(v) Indicative capital and operating cost estimates and implementation sequencing for each prioritized
island.
(vi)Integration of the resulting concept designs and associated investment needs into the integrated
IRRP and the ESIP investment pipeline.
It is important to note that this task provides concept-level design to inform investment prioritization and costing,
and does not extend to detailed engineering design or tender-ready documentation, which would be undertaken
under subsequent project preparation.
6. Qualifications, Tasks, and Level of Effort of Specified Key Experts
The Consultant shall propose a team adequate for the assignment. In its proposal, the Consultant shall specify:
• Each proposed key personnel position;
• The name of the proposed expert, where available;
• Role and responsibilities;
• Minimum and actual qualifications and detailed relevant experience;
• Whether the input is international or national / local;
• Whether the input is home office or field-based;
• Estimated level of effort in person-days or person-months; and
• Anticipated timing of deployment and deployment location(s).
At a minimum, the Consultant is expected to consider inclusion of expertise and an indicative level of effort and
split of on-site and remote deployment, as follows:
Expert
Position
Key Tasks /
Responsibilities
Minimum Qualifications /
Experience
Int’l / Nat’l
Team Leader
/ Senior
Energy
Sector
Specialist
Overall project
management and project
coordination; lead
stakeholder engagement
and consultations.
Provision of strategic
oversight across all
workstreams; ensure
alignment with the Energy
Strategy and IRRP;
oversee preparation of all
draft and final
deliverables; coordinate
quality assurance and
reporting to the client.
Advanced degree in
energy, engineering,
economics, public policy,
or related field.
10 years of relevant
experience in energy sector
planning, investment
planning, or sector reform.
Demonstrated experience
leading similar national-
level energy sector
assignments.
Strong stakeholder
coordination and report-
writing experience.
International
Power
System
Planning and
Renewable
Energy
Specialist
Review and validate the
least-cost development
pathway and investment
assumptions. Assess
renewable energy and
storage deployment
requirements; Support
investment pipeline
development and
sequencing; Assess
transmission, distribution,
resilience, and grid
integration requirements.
Support assessment of e-
mobility impacts on the
power system.
Advanced degree in
electrical engineering,
energy systems, or related
field.
At least 8 years of
experience in power
system planning,
renewable energy
integration,
transmission/distribution
planning, or energy
modelling.
Experience of national or
utility-scale planning
studies is preferred.
International
Energy
Finance and
Investment
Specialist
Lead the development of
the financing strategy;
assess investment costs
and financing
requirements.
Identify public and private
financing options, climate
finance opportunities, and
PPP/IPP structures.
Support investment
prioritization and
affordability assessment
and investment
mobilization
recommendations.
Advanced degree in
finance, economics,
business, or related field.
At least 8 years of
experience in infrastructure
finance, energy sector
investment planning,
project finance, or climate
finance.
Experience working with
development finance
institutions and private
sector financing structures
is advantageous.
International
Policy,
Regulatory
and
Institutional
Specialist
Assess policy, regulatory,
and institutional barriers
affecting implementation
of priority investments.
Support preparation of the
enabling actions and
policy reform roadmap.
Assess institutional
coordination and
implementation
arrangements.
Support the development
of the monitoring and
implementation
framework.
Contribute to stakeholder
engagement activities.
Advanced degree in law,
public policy, economics,
energy policy, or related
field.
At least 8 years of
experience in energy sector
policy, regulation,
institutional reform, or
utility governance.
Experience supporting
implementation-focused
energy sector programs
preferred.
International
Local Energy
Sector /
Support local stakeholder
coordination, data
Relevant degree in energy,
engineering, economics,
National
Stakeholder
Engagement
Specialist
collection, institutional
engagement, workshop
organization, and review
of local sector context.
Facilitation of
coordination with
government agencies,
utilities, and local
stakeholders. Support in
project logistics and
consultation activities.
public administration, or
related field.
Minimum 5 years of local
sector experience.
Strong knowledge of the
Marshall Islands’ energy
sector institutions, policies,
and stakeholder
environment.
Fluency in English and
Marshallese is desirable.
7. Fees and Reimbursable Expenses
As this engagement will be structured as a lump-sum contract, the Consultant shall submit a financial proposal
(in addition to a technical proposal) that includes:
• A total lump-sum price for the performance of the services, payable against the deliverables set out in
Section VIII, supported by a breakdown of professional fees by each proposed expert and personnel
category, indicating the applicable unit rates and estimated level of effort (person-months or person-days),
provided for information purposes; and
• Reimbursable expenses, included within the lump-sum price, covering any anticipated travel,
accommodation, per diem, logistics, communications, and other project-related costs necessary for the
performance of the services.
The lump-sum price shall be inclusive of all costs necessary for the performance of the services. The Consultant
shall clearly state the assumptions underlying the proposed costs and provide sufficient detail to allow MEC to
assess the reasonableness of the proposed budget.
8. Deliverables
The project has six (6) main deliverables, as follows:
1. Inception report. This deliverable will include confirmation of the project methodology, workplan,
stakeholder engagement approach, data requirements, consultation schedule, and detailed approach for
preparation of the ESIP. An Inception workshop will be conducted with MEC and other relevant stakeholders
within 2 weeks from the Notice to Proceed to discuss the proposed program of activities and to seek feedback on
improvements, which will be reflected in the inception report.
2. Sector assessment and planning review report. This will be a consolidated report covering: (i) targeted sector
diagnostics; (ii) the results of the review and validation/update of the least-cost development pathway; (iii)
assessment of renewable energy and storage deployment trajectories; and (iv) the assessment of e-mobility
implications and associated investment needs.
3. Updated and integrated IRRP. This IRRP document will cover the full geographic extent of the Marshall
Islands. It will include all relevant updates to the existing 2024 IRRP on Majuro, as well as Ebeye and Outer
Islands. It will be an integrated and fully updated document. (The document may be prepared directly editing the
existing (2024) IRRP document in MS Word version, with all revisions and additions shown in track change
format).
4. Draft investment pipeline and financing strategy report. This report will cover the updated and prioritized
investment pipeline; and the investment sequencing and indicative costing. Furthermore, the report will set out
the proposed financing strategy and investment mobilization approaches; and the policy reform and enabling
actions roadmap. It will also present the outer-island mini-grid and mesh-grid concept designs and their
integration into the investment pipeline (Task 10).
5. Draft Energy Sector Investment Programme (Draft ESIP). This will be an integrated draft ESIP
consolidating all technical analyses, investment priorities, financing approaches, implementation arrangements,
the implementation monitoring framework, and stakeholder consultation outcomes for review and validation.
6. Final Energy Sector Investment Programme (Final ESIP). Final ESIP incorporating key stakeholder
comments. It will include the finalized investment pipeline, financing strategy, implementation roadmap, the
implementation monitoring framework, executive summary, and supporting annexes and presentation materials.
9. Contract Duration
The contract duration is 12 months. The expected start date is estimated to be in September 2026.
Request for Bids
Plant
Design, Supply, and Installation
Two-envelope with Rated Criteria
RFB No: SZ-ECC-561950-CW-RFB
March 2025 |
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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.
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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) |
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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) |
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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
| |
|
| |
| 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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Form FIN – 3.1
Financial Situation
Historical Financial Performance
Bidder’s Legal Name: _______________________ Date: _____________________
JV Member Legal Name: _______________________ RFB No.: __________________
Page _______ of _______ pages
To be completed by the Bidder and, if JV, by each member
Financial information in US$ equivalent | Historic information for previous ______ (__) years (US$ equivalent in 000s) | ||||
| 2022/23 | 2023/24 | 2024/25 | Avg. | Avg. Ratio |
Information from Balance Sheet | |||||
Total Assets (TA) |
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Total Liabilities (TL) |
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Net Worth (NW) |
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Current Assets (CA) |
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Current Liabilities (CL) |
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Information from Income Statement | |||||
Total Revenue (TR) |
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Profits Before Taxes (PBT) |
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Attached are copies of financial statements (balance sheets, including all related notes, and income statements) for the years required above complying with the following conditions:
Form FIN – 3.2
Average Annual Turnover
Bidder’s Legal Name: ___________________________ Date: _____________________
JV Member Legal Name: ____________________________ RFB No.: __________________
Page _______ of _______ pages
Annual turnover data | ||
Year | Amount and Currency | US$ equivalent |
2022/23 | _________________________________________ | ____________________ |
2023/24 | _________________________________________ | ____________________ |
2024/25 | _________________________________________ | ____________________ |
*Average Annual Turnover | _________________________________________ | ____________________ |
*Average annual turnover calculated as total certified payments received for work in progress or completed, divided by the number of years specified in Section III, Evaluation Criteria, Sub-Factor 2.3.2.
Form FIN3.3
Financial Resources
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and other financial means, net of current commitments, available to meet the total cash flow demands of the subject contract or contracts as indicated in Section III, Evaluation and Qualification Criteria
Source of financing | Amount (US$ equivalent) |
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Form EXP 4.1
Experience
General Experience
Bidder’s Legal Name: ____________________________ Date: _____________________
JV Member Legal Name: ____________________________ RFB No.: __________________
Page _______ of _______ pages
Starting Month / Year | Ending Month / Year |
Years* | Contract Identification
| Role of Bidder |
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| Contract name: Brief Description of the contract performed by the Bidder: Name of Employer: Address: |
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| Contract name: Brief Description of the contract performed by the Bidder: Name of Employer: Address: |
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| Contract name: Brief Description of the contract performed by the Bidder: Name of Employer: Address: |
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| Contract name: Brief Description of the contract performed by the Bidder: Name of Employer: Address: |
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| Contract name: Brief Description of the contract performed by the Bidder: Name of Employer: Address: |
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| Contract name: Brief Description of the contract performed by the Bidder: Name of Employer: Address: |
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*List calendar year for years with contracts with at least nine (9) months activity per year starting with the earliest year
Form EXP –4.2(a)
Specific Experience
Bidder’s Legal Name: ___________________________ Date: _____________________
JV Member Legal Name: _________________________ RFB No.: __________________
Page _______ of _______ pages
Similar Contract Number: ___ of ___ required. |
| Information | ||||
Contract Identification |
| _______________________________________ | ||||
Award date Completion date |
| _______________________________________ _______________________________________ | ||||
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Role in Contract | Prime Contractor | Member in
| Management Contractor | Subcontractor |
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Total contract amount | US$__________ | |||||
If member in a JV or subcontractor, specify participation of total contract amount |
______% |
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US$_______ |
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Employer’s Name: |
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Address:
Telephone/fax number: E-mail: |
| _______________________________________ _______________________________________ _______________________________________ _______________________________________ | ||||
Form EXP –4.2(a) (cont.)
Specific Experience (cont.)
Bidder’s Legal Name: ___________________________ Page _______ of _______ pages
JV Member Legal Name: ___________________________
Similar Contract No. __[insert specific number] of [total number of contracts] ___ required | Information |
Description of the similarity in accordance with Sub-Factor 4.2a) of Section III: |
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Amount | _________________________________ |
Physical size | _________________________________ |
Complexity | _________________________________ |
Methods/Technology | _________________________________ |
Physical Production Rate
| _________________________________ |
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
| Prime Contractor | Member in | Management Contractor | Subcontractor |
Total Contract Amount | US$ ____________ | |||
Details of relevant experience |
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Form of Bid Security
Form of Bid Security – Bank Guarantee
[The bank shall fill in this Bank Guarantee Form in accordance with the instructions indicated.]
[Guarantor letterhead or SWIFT identifier code]
Beneficiary: [Employer to insert its name and address]
RFB No.:[Employer to insert reference number for the Request for Bids]
Alternative No.: [Insert identification No if this is a Bid for an alternative]
Date:[Insert date of issue]
BID GUARANTEE No.:[Insert guarantee reference number]
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]
We have been informed that ______ [insert name of the Bidder, which in the case of a joint venture shall be the name of the joint venture (whether legally constituted or prospective) or the names of all members thereof](hereinafter called "the Applicant") has submitted or will submit to the Beneficiary its Bid (hereinafter called "the Bid") for the execution of ________________ under RFB No. ____________
Furthermore, we understand that, according to the Beneficiary’s conditions, Bids must be supported by a Bid guarantee.
At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of ___________ (____________) upon receipt by us of the Beneficiary’s complying demand, supported by the Beneficiary’s statement, whether in the demand itself or a separate signed document accompanying or identifying the demand, stating that either the Bidder:
(a) has withdrawn its Bid prior to the Bid validity expiry date set forth in the Applicant’s Letter of Bid, or any extended date provided by the Applicant; or
(b) having been notified of the acceptance of its Bid by the Beneficiary prior to the expiry date of the Bid validity or any extension thereto provided by the Applicant, (i) has failed to execute the Contract Agreement, or (ii) has failed to furnish the Performance Security, in accordance with the Instructions to Bidders (“ITB”) of the Beneficiary’s bidding document.
This guarantee will expire: (a) if the Applicant is the successful Bidder, upon our receipt of copies of the contract agreement signed by the Applicant and the Performance Security issued to the Beneficiary in relation to such contract agreement; or (b) if the Applicantis not the successful Bidder, upon the earlier of (i) our receipt of a copy of the Beneficiary’s notification to the Applicant of the results of the Bidding process; or (ii)twenty-eight days after the expiry date of the Bid validity.
Consequently, any demand for payment under this guarantee must be received by us at the office indicated above on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758.
_____________________________
[Signature(s)]
Note: All italicized text is for use in preparing this form and shall be deleted from the final product.
Manufacturer’s Authorization
Date: __________________
RFB No.: _________________
To: ________________________
WHEREAS
We ___________________, who are official manufacturers of____________________, having factories at _____________________, do hereby authorize ______________________ to submit a Bid the purpose of which is to provide the following goods, manufactured by us _______________________, and to subsequently negotiate and sign the Contract.
We hereby extend our full guarantee and warranty in accordance with Clause 27 of the General Conditions, with respect to the goods offered by the above firm.
Signed: _______________________________________
Name: ______________________________________
Title:______________________________________
Duly authorized to sign this Authorization on behalf of: ______________________________________
Dated on ____________ day of __________________, _______
INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE DOCUMENT The Bidder must prepare this Letter of Bid on stationery with its letterhead clearly showing the Bidder’s complete name and business address. Note: All italicized text is to help Bidders in preparing this form. |
Letter of Bid - Financial Part
Date of this Bid submission: [insert date (as day, month and year) of Bid submission]
Request for Bid No.: [insert identification]
Alternative No.: [insert identification No if this is a Bid for an alternative]
To: [insert complete name of Employer]
We, the undersigned, hereby submit the second part of our Bid, the Bid Price and Bill of Quantities. This accompanies the Letter of Bid- Technical Part.
In submitting our Bid, we make the following additional declarations:
[Option 1, in case of one lot:] Total price is: [insert the total price of the Bid in words and figures, indicating the various amounts and the respective currencies];
Or
[Option 2, in case of multiple lots:] (a) Total price of each lot [insert the total price of each lot in words and figures, indicating the various amounts and the respective currencies]; and (b) Total price of all lots (sum of all lots) [insert the total price of all lots in words and figures, indicating the various amounts and the respective currencies];
(i) The discounts offered are: [Specify in detail each discount offered]
(ii) The exact method of calculations to determine the net price after application of discounts is shown below: [Specify in detail the method that shall be used to apply the discounts];
Name of Recipient | Address | Reason | Amount |
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(If none has been paid or is to be paid, indicate “none.”)
Name of the Bidder:*[insert complete name of the Bidder]
Name of the person duly authorized to sign the Bid on behalf of the Bidder: ** [insert complete name of person duly authorized to sign the Bid]
Title of the person signing the Bid: [insert complete title of the person signing the Bid]
Signature of the person named above: [insert signature of person whose name and capacity are shown above]
Date signed [insert date of signing] day of [insert month], [insert year]
*: In the case of the Bid submitted by a Joint Venture specify the name of the Joint Venture as Bidder.
**: Person signing the Bid shall have the power of attorney given by the Bidder. The power of attorney shall be attached with the Bid Schedules
Schedule of Rates and Prices
Price schedule to be accessed from the following link:
11kV Auto Reclosers
Schedule No. 1. Plant and Mandatory Spare Parts Supplied from Abroad
Country of Origin Declaration Form
Schedule No. 2. Plant and Mandatory Spare Parts Supplied from Within the Employer’s Country
1 Specify currency in accordance with specifications in Bid Data Sheet under ITB 18.1 |
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Schedule No. 3. Design Services
Schedule No. 4. Installation and Other Services
Schedule No. 5. Grand Summary
Price Adjustment
If price adjustment applies in accordance with ITB 17.9, the Bidder shall indicate the sources of indices and source of exchange rate (if applicable) and the base date indices in its Bid.
Item | Source of Indices | Base date Indices | Source of exchnage rate (if applicable) |
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Section V - Eligible Countries
Eligibility for the Provision of Goods, Works and Non-Consulting Services in
Bank-Financed Procurement
In reference to ITB 4.8 and 5.1, for the information of the Bidders, at the present time firms, goods and services from the following countries are excluded from this Bidding process: None
Under ITB 4.8 (a) and 5.1: None
Section VI - Fraud and Corruption
(this Section shall not be changed)
PART 2 - Employer’s Requirements
Section VII - Employer’s Requirements |
Contents
Scope of Supply of Plant and Installation Services by the Contractor. 160
Specification. 161
Forms and Procedures. 168
Form of Completion Certificate. 169
Change Order Procedure and Forms. 171
Change Order Procedure. 172
Annex 1. Request for Change Proposal 173
Annex 2. Estimate for Change Proposal 175
Annex 3. Acceptance of Estimate. 177
Annex 4. Change Proposal 178
Annex 5. Change Order 181
Annex 7. Application for Change Proposal 184
Drawings. 186
Supplementary Information. 187
Scope of Supply of Plant and Installation Services by the Contractor
The scope covers the design, supply, equipment installation and commissioning of the 13 pole mounted 11kV auto-reclosers as per the configuration shown in the figure below. The scope highlighted below is a guide to the bidder and any tasks necessary to deliver the project as per the bidder’s design should be included in the scope to be submitted.
The following is to be done by the supplier.
Note: In certain instances, use the nearest substation with UMUX Interface.
The following will have to be procured for the project.
Externally (Provided by supplier):
Internal (To be supplied by EEC).
Construction (Supplier):
Protection (bidder):
Telecommunications (Supplier):
SCADA (Supplier):
Provide formal training on the equipment as well. This should be specified in the quotation for the project. The training should be done before project implementation (State the period for training on the breaker, control unit and any other training that might be required for the project). Training should cover 25 technicians from the different sections internally (SCADA, Protection, Switchgear, Distribution, Telecoms).
The bidders are expected to provide a methodology showing how the design, construction, installation and commissioning exercise will be carried out. Include block diagrams where appropriate showing how the entire system integrates. This will indicate the level of understanding of what is expected from the Plant design, supply and installation Contractor.
Specification
This specification covers the requirements for an automatic electrically controlled three phase vacuum recloser for distribution systems. The recloser is intended for radial, loop, and meshed networks.
3.2.1 Manufacturer qualifications: The chosen manufacturer shall have at least 10 years’ experience in manufacturing vacuum reclosers. The manufacturer of the reclosers shall be completely and solely responsible for the performance of the reclosers as a complete integrated assembly as rated.
3.2.2 Main recloser components such as circuit breaker, vacuum interrupters, current and voltage sensors, control cubicle and software shall be manufactured by the same manufacturer.
3.2.3 The manufacturer shall be able to submit the confirmation of certification or ratings of the reclosers upon request.
3.2.4 The recloser shall be manufactured and type tested according to requirements of applicable industry standards:
a) IEC 62271-111
b) IEEE C37.60
3.2.5 The recloser manufacturing process shall be complying with the standard ISO 9001, Quality Management System.
3.2.6 The type test reports should be issued not more than 5 years before the submission date.
3.2.7 The manufacturer shall provide minimum 5-year warranty for all components provided.
3.2.8 The circuit breaker shall be maintenance free over a total life expectancy.
3.3 Delivery, storage, and handling
3.3.1 Packing components shall not contain any materials that are hazardous to the environment or personnel. No special methods of disposal shall be required.
3.3.2 All recloser components including circuit breaker, control cubicle, installation frame, pole interface provisions, fasteners shall be delivered in a single package made of recyclable materials.
3.3.3 The package gross weight shall not exceed 300 kg.
3.3.4 It shall be possible to stack at least two original packages during transportation and storage.
3.3.5 The package shall allow stapling and outdoor storage in case indoor storage is unavailable. Unpacked and assembled equipment shall be storable outdoor for not less than 1 year without additional treatment before installation.
3.3.6 All recloser components shall be installed, assembled, and tested in accordance with the requirements of current specification. The recloser shall be delivered fully assembled on the mounting frame and ready for the installation.
3.3.7 The recloser installation kit shall be designed to reduce the number of lifting operations.
3.4 Technical Specification
3.4.1 General
3.4.1.1 Technical parameters
a) | Rated maximum voltage, kV | 12…15 |
d) | Rated lightning impulse withstand voltage (peak), kV | 110 |
e) | Rated continuous current, A | 630 |
h) | Rated short-circuit breaking current, kA | 16 |
i) | Rated peak withstand current, kA | 41.6 |
j) | Rated short time withstand current, kA | 16 |
k) | Rated duration of short circuit, s | 4 |
l) | Rated frequency, Hz | 50 |
3.4.1.2 Power supply characteristics
a) | Supply voltage range shall not be less than, V | 85 … 265 AC 110 … 220 DC |
b) | Rated power consumption shall not exceed, VA | 40 |
c) | Maximum power consumption shall not exceed, VA | 75 |
d) | Duration of operation without auxiliary supply shall be not less than, hours | 48 |
3.4.2 Recloser control
3.4.2.1 The recloser operation shall be controlled by electronic control modules.
3.4.2.2 The recloser control shall provide the following functions: measurement, protection, monitoring, and remote communication.
3.4.2.3 The recloser control air circulation and dehydration shall be organized to avoid using any humidity control devices or heaters.
3.4.2.4 The external and internal doors shall be able to be securely fixed in the open position.
3.4.2.5 It shall be possible to connect the laptop with configuration software by means of serial interface (USB, RS232).
3.4.2.6 Ethernet (RJ45), Optical Ethernet (SC) SCADA and wireless local engineering access interfaces (Bluetooth, Wi-Fi) shall be available for ordering optionally.
3.4.2.7 The recloser control shall be equipped with a prewired provision for power supply outlet installation. Socket shall be MCB protected.
3.4.2.8 The recloser control shall be equipped with a removable provision for communication equipment installation. It shall be located at the top of the controller and provide at least 326x180x108mm space for communication equipment. Stationary provision is not accepted.
3.4.2.9 The recloser control shall be equipped with the control panel module. The module shall provide local control and indication functions by LED, display, and buttons.
3.4.2.10 The local control panel module shall be equipped with USB A interface.
3.4.2.11 The control panel box shall have a provision for a padlock.
3.4.3 Rechargeable Battery
3.4.3.1 The recloser shall be supplied with rechargeable battery to provide the recloser control with auxiliary power when the main auxiliary power is not present.
3.4.3.2 The battery shall be of a sealed lead acid.
3.4.4.3 The battery shall provide ten full auto reclosing cycles for the recloser without auxiliary power supply.
3.4.4 Protection
The auto-recloser shall have the following protection functionalities but not limited to:
3.4.5 Communication
The recloser control shall provide:
3.4.5.1 PMR Telecoms Integration
1 General Integration
2 Equipment and Hardware Requirements
3.4.5.2 SCADA/Telemetry Integration
The PMR panel/controller shall have the following interfaces/ports
Port | Physical Interface | Typical Use |
USB | USB Type-B (front panel) | Local engineering |
RS-232 Port | DB9 | SCADA serial communications (DNP3 Serial, IEC60870-5-101) |
Ethernet | RJ45 10/100 Mbps | SCADA over DNP3 TCP, IEC 60870-5-104 |
RS-485 | Optional | Third-party modem or serial communications |
The following are key cybersecurity requirements;
Environmental and Social (ES) requirements
The project Environmental and Social Safeguards and tentative Contractor – Environment & Social Management Plan templates can be accessed in the following link:
11kV Auto Reclosers
1. ENVIRONMENTAL AND SOCIAL MANAGEMENT REQUIREMENTS
The Contractor shall comply with all environmental impact prevention and mitigation measures outlined in the Environmental and Social Management Framework (ESMF) as described herein. Where there is a conflict of requirements, the prevention and mitigation measures listed in the ESMF shall govern.
The Contractor (and sub-contractors) will need to adopt this ESMF and prepare a comprehensive Contractor’s (Construction) Environment and Social Management Plan (CESMP) that will provide the key reference point for compliance.
The Project Applicant, namely the EEC, is responsible for ensuring that the Contractor Team’s execution of the construction phase activities is compliant with the conditions of the ESMF and CESMP. The Contractor must therefore ensure compliance with the ESMF, CESMP, LMP, SEP, SEA/SH Action Plan, GRM Procedure and the OCHSIP at all times during construction activities and maintain environmental and social incidents and GRM registers which keeps a record of all environmental and social incidents as well as community/worker grievances that occur on the site during the installation of the 11kV auto reclosers contracts. These incidents may include:
The Contractor is also responsible for the implementation of corrective actions issued by the Employer within a reasonable or agreed upon period of time.
Within the first 15 days following contract signing, the Contractor shall present an C-ESMP Implementation Plan. The Plan shall be submitted to the Employer for approval prior to the start of the construction works. The Contractor ESMP shall contain, at a minimum but not limited to, the following components:
Any deviations from the approved Contractor’s (Construction) ESMP must be submitted to the Employer for approval.
Compliance with requirements established in General Condition of Contract (GCC)
The Environmental and Social requirements shall be prepared in a manner that does not conflict with the relevant General Conditions of Contract and Particular Conditions of Contract, and in particular:
GCC | Sub-Clause/Clause | Remarks |
9.10 | Training of Contractor’s Personnel | The Contractor shall ensure that all Contractor personnel receive mandatory training on Environmental and Social (E&S) requirements prior to commencement of works. Training shall include, at a minimum: (i) CESMP obligations; (ii) pollution prevention and waste management; (iii) community health and safety risks; (iv) SEA/SH awareness and Code of Conduct; (v) grievance redress procedures; and (vi) emergency preparedness and response. Refresher training and toolbox talks shall be conducted periodically. |
20 | Design and Engineering | The Contractor shall ensure that all designs comply with applicable national legislation, Environmental Authorization conditions, and World Bank ESF requirements (particularly ESS4). Designs shall: (i) incorporate climate resilience measures (e.g. flood risk, extreme weather tolerance); (ii) ensure universal access where applicable; (iii) minimize environmental footprint and vegetation clearing; (iv) assess and mitigate risks to the public from operational hazards; and (v) comply with applicable engineering and safety certification standards. All designs shall be reviewed and approved prior to implementation.
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22.2.4 | Rates of wages and conditions of labor | The Contractor shall comply with the Labour Management Procedures (LMP), national labour laws, and ESS2 requirements. This includes: (i) fair wages in line with national minimum standards; (ii) safe and decent working conditions; (iii) prohibition of child labour and forced labour; (iv) non-discrimination and equal opportunity; and (v) provision of written contracts to all workers.
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22.2.6 | Facilities for Staff and Labor | The Contractor shall provide adequate facilities for all personnel, including: (i) safe drinking water; (ii) sanitary and washing facilities segregated where appropriate; (iii) waste management systems; (iv) first aid and medical access; and (v) where accommodation is required, it shall meet GIIP and national standards. Facilities shall be culturally appropriate and accessible, and shall not create environmental or social risks to surrounding communities (ESS2 & ESS4).
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22.8 | Security of the Site | The Contractor shall establish security arrangements consistent with ESS4 and GIIP. Security measures shall be proportionate to the level of risk and shall respect human rights. The Contractor shall: (i) avoid use of excessive force; (ii) train security personnel on Code of Conduct and SEA/SH prevention; (iii) coordinate with local authorities; and (iv) ensure security does not restrict community access unnecessarily. All incidents involving security personnel shall be recorded and reported.
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22.9 | Protection of the Environment | The Contractor shall implement all necessary measures to prevent pollution and environmental degradation in accordance with ESS3 and national legislation. The following limits and controls shall apply:
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22.11 | Cultural Heritage Findings
| The Contractor shall implement a Chance Finds Procedure in accordance with ESS8. In the event of discovery of cultural heritage resources:
Works shall only resume upon formal clearance.
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2. Environmental Monitoring and Reporting Requirements
The Contractor shall establish and implement an Environmental Monitoring and Reporting Programme as part of the CESMP to ensure compliance with environmental requirements and to verify the effectiveness of mitigation measures in accordance with ESS1 of the World Bank ESF and applicable national legislation.
Environmental monitoring shall be risk-based, proportionate to the scale and nature of the works, and shall cover all significant environmental aspects associated with construction activities.
a) Monitoring Parameters
The monitoring programme shall include, at a minimum, the following parameters (where applicable):
Environmental monitoring is essential to assess impacts such as air, water, soil, and noise pollution arising from construction activities and to ensure mitigation measures are effective.
b) Monitoring Frequency and Methods
The Contractor shall:
c) Environmental Registers and Records
The Contractor shall maintain up-to-date records, including:
d) Reporting Requirements
The Contractor shall:
Maintain records for audit and inspection purposes.
e) Non-Compliance and Corrective Actions
Where monitoring identifies non-compliance:
f) Roles and Responsibilities
A Rehabilitation Plan shall also be prepared, which shall include preliminary designs on the temporary and permanent landscaping plan during both the construction and post-construction maintenance period. The landscape plan shall cover all project works which may affect vegetation and natural landform (e.g. borrow pits, disposal sites and temporary and stockpiling areas). Sensitive locations and areas where landscaping works are required both during construction and after the construction shall be identified and incorporated into the design.
3. Environmental and Social Implementation Plans (MSIPs)
The Contractor shall prepare a Construction Environmental and Social Management Plan, implementation plan, referred to, in this document as CESMP implementation plan based on the Project ESMF.
4. Requirements for competence of Environmental and Social Specialist
Contractor shall certify that:
5. Applicable ESS Documents for CESMP
Contractor shall use and apply when establishing the Contractor’s (Construction) ESMP the following project documents:
6. ENVIRONMENTAL MANAGEMENT REQUIREMENTS
The Contractor shall implement all environmental management measures in accordance with:
(a) Environmental Compliance and Permitting
The Contractor shall:
(b) Pollution Prevention and Resource Efficiency & Management (ESS3)
The Contractor shall implement measures to prevent, minimize, and control pollution, including:
(c) Soil, Land and Vegetation Management
The Contractor shall:
d) Biodiversity Conservation and Sustainable Management of Living Natural Resources (ESS6)
The Contractor shall:
e) Management of Construction Sites and Camps
The Contractor shall:
f) Traffic and Transport Management (ESS4 link)
The Contractor shall:
g) Chance Finds Procedure (ESS8 link)
In the event of chance finds (cultural or natural heritage):
h) Environmental Training and Awareness
The Contractor shall:
i) Emergency Preparedness and Response
The Contractor shall:
7. OCCUPATIONAL HEALTH & SAFETY REQUIREMENTS
Health, Safety plan and Coordination
The Contractor shall be fully responsible for ensuring the safety and health of all workmen and other persons in or around the works site. All activities shall be carried out in compliance with national legislation, OCHSIP, World Bank ESF, (ESS 2 and ESS 4) in accordance with the existing legislation.
The Contractor shall prepare, submit, and implement a site-specific Occupational Health and Safety (OHS) Management Plan (SHE File) consistent with the OCHSIP, prior to commencement of works. The plan shall, at a minimum, include the following components:
This plan must also be compliant with:
Plan Scope and Content
The OHS Plan shall:
The Draft OHS Plan submitted at tender stage shall demonstrate the Contractor’s approach and capacity but may exclude detailed site-specific documentation (e.g., MSDS, equipment manuals). The Final OHS Plan, submitted prior to commencement of Works, shall be comprehensive and site-specific.
8. Safety Management Personnel
The Contractor shall appoint a qualified and experienced Safety and Health Coordinator (SHC) who shall:
Have full authority to enforce OHS requirements and to stop any unsafe work;
Be supported by an adequately resourced and competent safety team appropriate to the scale and risk of the Works.
The proposed SHC and safety team shall not be replaced or reduced without prior approval, and any replacement shall have equal or higher qualifications and experience.
Evaluation of OHS Plan
The adequacy of the Contractor’s OHS Plan will be evaluated during tender assessment, taking into account:
9. Social Standards Requirements
The Contractor shall implement all social risk management measures in accordance with the World Bank Environmental and Social Framework (ESF), specifically ESS2 (Labour and Working Conditions), ESS4 (Community Health and Safety), ESS10 (Stakeholder Engagement and Information Disclosure) as well as the project’s Gender Action Plan (GAP).
The Contractor shall develop (in alignment with available project instruments) and comply with all project-specific instruments, including the:
These requirements shall be implemented as part of the Contractor’s CESMP and maintained throughout the duration of the works
a) Labour and Working Conditions (ESS2)
The Contractor shall:
b) Community Health and Safety (ESS4)
The Contractor shall:
d) Stakeholder Engagement and Information Disclosure (ESS10)
The Contractor shall:
e) Grievance Management and Reporting
The Contractor shall:
f) Monitoring and Compliance
The Contractor shall:
Contractor’s Representative and Key Personnel
The Bidder must demonstrate that it will have the personnel for the key positions that meet the following requirements:
Contractor’s Representative and Key Personnel
Item No. | Position/specialization | Relevant academic qualifications | Minimum years of relevant work experience |
1 | Contractor’s Representative/ Project manager | Bachelors in (Electrical Engineering) | 5 |
2. | Site Manager/ Construction Manager | Diploma Electrical/Electronic Engineering; | 5 |
Tele-Communication Specialist | Diploma Electrical/Electronic Engineering; | 10 | |
Protection Specialist | Diploma Electrical/Electronic Engineering; | 10 | |
SCADA Specialist | Diploma Electrical/Electronic Engineering; | 10 | |
6. | Environmental and Social expert | Bachelors/Masters in Environment Management, Sciences | 5 |
7. | Health and Safety officer | Bachelors in Environmental Sciences )/Any other degree with Occupational Health | 5 |
Forms and Procedures
Form of Completion Certificate
Date:
Loan/Credit No:
RFB No:
To: _________________________________
Dear Ladies and/or Gentlemen,
Pursuant to GCC Clause 24 (Completion of the Facilities) of the General Conditions of the Contract entered into between yourselves and the Employer dated _____________, relating to the ____________________, we hereby notify you that the following part(s) of the Facilities was (were) complete on the date specified below, and that, in accordance with the terms of the Contract, the Employer hereby takes over the said part(s) of the Facilities, together with the responsibility for care and custody and the risk of loss thereof on the date mentioned below.
1. Description of the Facilities or part thereof: ______________________________
2. Date of Completion: __________________
However, you are required to complete the outstanding items listed in the attachment hereto as soon as practicable.
This letter does not relieve you of your obligation to complete the execution of the Facilities in accordance with the Contract nor of your obligations during the Defect Liability Period.
Very truly yours,
Title
(Project Manager)
Form of Operational Acceptance Certificate
Date:
Loan/Credit No:
RFB No:
_________________________________________
To: ________________________________________
Dear Ladies and/or Gentlemen,
Pursuant to GCC Sub-Clause 25.3 (Operational Acceptance) of the General Conditions of the Contract entered into between yourselves and the Employer dated _______________, relating to the ___________________________________, we hereby notify you that the Functional Guarantees of the following part(s) of the Facilities were satisfactorily attained on the date specified below.
1. Description of the Facilities or part thereof: _______________________________
2. Date of Operational Acceptance: _______________________
This letter does not relieve you of your obligation to complete the execution of the Facilities in accordance with the Contract nor of your obligations during the Defect Liability Period.
Very truly yours,
Title
(Project Manager)
Change Order Procedure and Forms
Date:
Loan/Credit No:
RFB No:
CONTENTS
1. General
2. Change Order Log
3. References for Changes
ANNEXES
Annex 1 Request for Change Proposal
Annex 2 Estimate for Change Proposal
Annex 3 Acceptance of Estimate
Annex 4 Change Proposal
Annex 5 Change Order
Annex 6 Pending Agreement Change Order
Annex 7 Application for Change Proposal
Change Order Procedure
1. General
This section provides samples of procedures and forms for implementing changes in the Facilities during the performance of the Contract in accordance with GCC Clause 39 (Change in the Facilities) of the General Conditions.
2. Change Order Log
The Contractor shall keep an up-to-date Change Order Log to show the current status of Requests for Change and Changes authorized or pending, as Annex 8. Entries of the Changes in the Change Order Log shall be made to ensure that the log is up-to-date. The Contractor shall attach a copy of the current Change Order Log in the monthly progress report to be submitted to the Employer.
3. References for Changes
(1) Request for Change as referred to in GCC Clause 39 shall be serially numbered CR-X-nnn.
(2) Estimate for Change Proposal as referred to in GCC Clause 39 shall be serially numbered CN-X-nnn.
(3) Acceptance of Estimate as referred to in GCC Clause 39 shall be serially numbered CA-X-nnn.
(4) Change Proposal as referred to in GCC Clause 39 shall be serially numbered CP-X-nnn.
(5) Change Order as referred to in GCC Clause 39 shall be serially numbered CO-X-nnn.
Note: (a) Requests for Change issued from the Employer’s Home Office and the Site representatives of the Employer shall have the following respective references:
Home Office CR-H-nnn
Site CR-S-nnn
(b) The above number “nnn” is the same for Request for Change, Estimate for Change Proposal, Acceptance of Estimate, Change Proposal and Change Order.
Annex 1. Request for Change Proposal
(Employer’s Letterhead)
To: ____________________________________ Date:
Attention: ______________________________________
Contract Name: _________________________________
Contract Number: _______________________________
Dear Ladies and/or Gentlemen:
With reference to the captioned Contract, you are requested to prepare and submit a Change Proposal for the Change noted below in accordance with the following instructions within _______________ days of the date of this letter____________________.
1. Title of Change: ________________________
2. Change Request No. __________________
3. Originator of Change: Employer: _______________________________
Contractor (by Application for Change Proposal No. _______[12]:
4. Brief Description of Change: _________________________________________________
5. Facilities and/or Item No. of equipment related to the requested Change: _____________
6. Reference drawings and/or technical documents for the request of Change:
Drawing No./Document No. Description
7. Detailed conditions or special requirements on the requested Change: ________________
8. General Terms and Conditions:
(a) Please submit your estimate to us showing what effect the requested Change will have on the Contract Price.
(b) Your estimate shall include your claim for the additional time, if any, for completion of the requested Change.
(c) If you have any opinion negative to the adoption of the requested Change in connection with the conformability to the other provisions of the Contract or the safety of the Plant or Facilities, please inform us of your opinion in your proposal of revised provisions.
(d) Any increase or decrease in the work of the Contractor relating to the services of its personnel shall be calculated.
(e) You shall not proceed with the execution of the work for the requested Change until we have accepted and confirmed the amount and nature in writing.
(Employer’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
Annex 2. Estimate for Change Proposal
(Contractor’s Letterhead)
To: ______________________________ Date:
Attention: _______________________________
Contract Name: _______________________________
Contract Number: _____________________________
Dear Ladies and/or Gentlemen:
With reference to your Request for Change Proposal, we are pleased to notify you of the approximate cost of preparing the below-referenced Change Proposal in accordance with GCC Sub-Clause 39.2.1 of the General Conditions. We acknowledge that your agreement to the cost of preparing the Change Proposal, in accordance with GCC Sub-Clause 39.2.2, is required before estimating the cost for change work.
1. Title of Change: ________________________
2. Change Request No./Rev.: ____________________________
3. Brief Description of Change: __________________________
4. Scheduled Impact of Change: ___________________________
5. Cost for Preparation of Change Proposal: _______________[13]
(a) Engineering (Amount)
(i) Engineer hrs x rate/hr =
(ii) Draftsperson hrs x rate/hr =
Sub-total hrs
Total Engineering Cost
(b) Other Cost
Total Cost (a) + (b)
(Contractor’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
Annex 3. Acceptance of Estimate
(Employer’s Letterhead)
To: ______________________________ Date:
Attention: ________________________________
Contract Name: _____________________________
Contract Number: ___________________________
Dear Ladies and/or Gentlemen:
We hereby accept your Estimate for Change Proposal and agree that you should proceed with the preparation of the Change Proposal.
1. Title of Change: ___________________________
2. Change Request No./Rev.: _______________________________
3. Estimate for Change Proposal No./Rev.: _______________________________
4. Acceptance of Estimate No./Rev.: _______________________________
5. Brief Description of Change: _______________________________
6. Other Terms and Conditions: In the event that we decide not to order the Change accepted, you shall be entitled to compensation for the cost of preparation of Change Proposal described in your Estimate for Change Proposal mentioned in para. 3 above in accordance with GCC Clause 39 of the General Conditions.
(Employer’s Name)
(Signature)
(Name and Title of signatory)
Annex 4. Change Proposal
(Contractor’s Letterhead)
To: _______________________________ Date:
Attention: _______________________________
Contract Name: _______________________________
Contract Number: _______________________________
Dear Ladies and/or Gentlemen:
In response to your Request for Change Proposal No. _______________________________, we hereby submit our proposal as follows:
1. Title of Change: _______________________________
2. Change Proposal No./Rev.: _______________________________
3. Originator of Change: Employer: [_______________________________
Contractor: _______________________________
4. Brief Description of Change: _______________________________
5. Reasons for Change: _______________________________
6. Facilities and/or Item No. of Equipment related to the requested Change: _______________________________
7. Reference drawings and/or technical documents for the requested Change:
Drawing/Document No. Description
8. Estimate of increase/decrease to the Contract Price resulting from Change Proposal:[14]
(Amount)
(a) Direct material
(b) Major construction equipment
(c) Direct field labor (Total hrs)
(d) Subcontracts
(e) Indirect material and labor
(f) Site supervision
(g) Head office technical staff salaries
Process engineer hrs @ rate/hr
Project engineer hrs @ rate/hr
Equipment engineer hrs @ rate/hr
Procurement hrs @ rate/hr
Draftsperson hrs @ rate/hr
Total hrs
(h) Extraordinary costs (computer, travel, etc.)
(i) Fee for general administration, % of Items
(j) Taxes and customs duties
Total lump sum cost of Change Proposal
(Sum of items (a) to (j))
Cost to prepare Estimate for Change Proposal
(Amount payable if Change is not accepted)
9. Additional time for Completion required due to Change Proposal
10. Effect on the Functional Guarantees
11. Effect on the other terms and conditions of the Contract
12. Validity of this Proposal: within [Number] days after receipt of this Proposal by the Employer
13. Other terms and conditions of this Change Proposal:
(a) You are requested to notify us of your acceptance, comments or rejection of this detailed Change Proposal within ______________ days from your receipt of this Proposal.
(b) The amount of any increase and/or decrease shall be taken into account in the adjustment of the Contract Price.
(c) Contractor’s cost for preparation of this Change Proposal:2
(Contractor’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
Annex 5. Change Order
(Employer’s Letterhead)
To: _______________________________ Date:
Attention: _______________________________
Contract Name: _______________________________
Contract Number: _______________________________
Dear Ladies and/or Gentlemen:
We approve the Change Order for the work specified in the Change Proposal (No. _______), and agree to adjust the Contract Price, Time for Completion and/or other conditions of the Contract in accordance with GCC Clause 39 of the General Conditions.
1. Title of Change: _______________________________
2. Change Request No./Rev.: _______________________________
3. Change Order No./Rev.: _______________________________
4. Originator of Change: Employer: _______________________________
Contractor: _______________________________
5. Authorized Price:
Ref. No.: _______________________________ Date: __________________________
Foreign currency portion __________ plus Local currency portion __________
6. Adjustment of Time for Completion
None Increase _________ days Decrease _________ days
7. Other effects, if any
Authorized by: Date:
(Employer)
Accepted by: Date:
(Contractor)
Annex 6. Pending Agreement Change Order
(Employer’s Letterhead)
To: _______________________________ Date:
Attention: _______________________________
Contract Name: _______________________________
Contract Number: [_______________________________
Dear Ladies and/or Gentlemen:
We instruct you to carry out the work in the Change Order detailed below in accordance with GCC Clause 39 of the General Conditions.
1. Title of Change: _______________________________
2. Employer’s Request for Change Proposal No./Rev.: _______________________________dated: __________
3. Contractor’s Change Proposal No./Rev.: ________________________ dated: __________
4. Brief Description of Change: _______________________________
5. Facilities and/or Item No. of equipment related to the requested Change: _______________________________
6. Reference Drawings and/or technical documents for the requested Change:
Drawing/Document No. Description
7. Adjustment of Time for Completion:
8. Other change in the Contract terms:
9. Other terms and conditions:
(Employer’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
Annex 7. Application for Change Proposal
(Contractor’s Letterhead)
To: _______________________________ Date:
Attention: _______________________________
Contract Name: _______________________________
Contract Number: _______________________________
Dear Ladies and/or Gentlemen:
We hereby propose that the below-mentioned work be treated as a Change in the Facilities.
1. Title of Change: _______________________________
2. Application for Change Proposal No./Rev.: _______________________________ dated: _______________________________
3. Brief Description of Change: _______________________________
4. Reasons for Change:
5. Order of Magnitude Estimation (in the currencies of the Contract):
6. Scheduled Impact of Change:
7. Effect on Functional Guarantees, if any:
8. Appendix:
(Contractor’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
Drawings |
Supplementary Information The proposed locations of the auto-reclosers across the Eswatini Electricity Company network:
|
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 |
|
|
|
|
|
|
|
|
|
Appendix 6. Scope of Works and Supply by the Employer
The following personnel, facilities, works and supplies will be provided/supplied by the Employer, and the provisions of GCC Clauses 10, 21 and 24 shall apply as appropriate. All personnel, facilities, works and supplies will be provided by the Employer in good time so as not to delay the performance of the Contractor, in accordance with the approved Time Schedule and Program of Performance pursuant to GCC Sub-Clause 18.2.
Unless otherwise indicated, all personnel, facilities, works and supplies will be provided free of charge to the Contractor.
Personnel | Charge to Contractor (if any) |
| None |
Facilities | Charge to Contractor (if any) |
None | None |
Works | Charge to Contractor (if any) |
| None |
Supplies | Charge to Contractor (if any) |
| None |
Appendix 7. List of Documents for Approval or Review
Pursuant to GCC Sub-Clause 20.3.1, the Contractor shall prepare, or cause its Subcontractor to prepare, and present to the Project Manager in accordance with the requirements of GCC Sub-Clause 18.2 (Program of Performance), the following documents for
A. Approval
B. Review
Appendix 8. Functional Guarantees
1. General
This Appendix sets out
(a) the functional guarantees referred to in GCC Clause 28 (Functional Guarantees)
(b) the preconditions to the validity of the functional guarantees, either in production and/or consumption, set forth below
(c) the minimum level of the functional guarantees
(d) the formula for calculation of liquidated damages for failure to attain the functional guarantees.
2. Preconditions
The Contractor gives the functional guarantees (specified herein) for the facilities, subject to the following preconditions being fully satisfied:
____________________________________________________________________________________
3. Functional Guarantees
Subject to compliance with the foregoing preconditions, the Contractor guarantees as follows:
3.1 Production Capacity
_____________________________________________________________________________
and/or
3.2 Raw Materials and Utilities Consumption
____________________________________________________________________________
4. Failure in Guarantees and Liquidated Damages
4.1 Failure to Attain Guaranteed Production Capacity
If the production capacity of the facilities attained in the guarantee test, pursuant to GCC Sub-Clause 25.2, is less than the guaranteed figure specified in para. 3.1 above, but the actual production capacity attained in the guarantee test is not less than the minimum level specified in para. 4.3 below, and the Contractor elects to pay liquidated damages to the Employer in lieu of making changes, modifications and/or additions to the Facilities, pursuant to GCC Sub-Clause 28.3, then the Contractor shall pay liquidated damages at the rate of ___________________ for every complete one percent (1%) of the deficiency in the production capacity of the Facilities, or at a proportionately reduced rate for any deficiency, or part thereof, of less than a complete one percent (1%).
4.2 Raw Materials and Utilities Consumption in Excess of Guaranteed Level
__________________________________________________________________
If the actual measured figure of specified raw materials and utilities consumed per unit (or their average total cost of consumption) exceeds the guaranteed figure specified in para. 3.2 above (or their specified average total cost of consumption), but the actual consumption attained in the guarantee test, pursuant to GCC Sub-Clause 25.2, is not more than the maximum level specified in para. 4.3 below, and the Contractor elects to pay liquidated damages to the Employer in lieu of making changes, modifications and/or additions to the Facilities pursuant to GCC Sub-Clause 28.3, then the Contractor shall pay liquidated damages at the rate of [amount in the contract currency] for every complete one percent (1%) of the excess consumption of the Facilities, or part thereof, of less than a complete one percent (1%).
4.3 Minimum Levels
Notwithstanding the provisions of this paragraph, if as a result of the guarantee test(s), the following minimum levels of performance guarantees (and consumption guarantees) are not attained by the Contractor, the Contractor shall at its own cost make good any deficiencies until the Facilities reach any of such minimum performance levels, pursuant to GCC Sub-Clause 28.2:
(a) production capacity of the Facilities attained in the guarantee test: ninety-five percent (95%) of the guaranteed production capacity (the values offered by the Contractor in its Bid for functional guarantees represents 100%).
and/or
(b) average total cost of consumption of all the raw materials and utilities of the Facilities: one hundred and five percent (105%) of the guaranteed figures (the figures offered by the Contractor in its Bid for functional guarantees represents 100%).
4.4 Limitation of Liability
Subject to para. 4.3 above, the Contractor’s aggregate liability to pay liquidated damages for failure to attain the functional guarantees shall not exceed ______ percent ( ___ %) of the Contract price.
Performance Security Form– Bank Guarantee[18]
[Guarantor letterhead or SWIFT identifier code]
Beneficiary: [insert name and Address of Employer]
Date: _ [Insert date of issue]
PERFORMANCE GUARANTEE No.: ____[Insert guarantee reference number]
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]
We have been informed that ____________________ (hereinafter called “the Applicant”) has entered into Contract No. ________________dated ____________ with the Beneficiary, for the execution of ____________________________ (hereinafter called “the Contract”).
Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is required.
At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of _________________(___)[19],such sum being payable in the types and proportions of currencies in which the Contract Price is payable, upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s statement, whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating that the Applicant is in breach of its obligation(s) under the Contract, without the Beneficiary needing to prove or to show grounds for your demand or the sum specified therein.
This guarantee shall be reduced by half upon our receipt of:
(a) a copy of the Operational Acceptance Certificate; or
(b) a registered letter from the Applicant (i) attaching a copy of its notice requesting issuance of the Operational Acceptance Certificate and (ii) stating that the Project Manager has failed to issue such Certificate within the time required or provide in writing justifiable reasons why such Certificate has not been issued, so that Operational Acceptance is deemed to have occurred.
This guarantee shall expire no later than the earlier of:[20]
(a) twelve months after our receipt of either (a) or (b) above; or
(b) eighteen months after our receipt of:
(i) a copy of the Completion Certificate; or
(ii) a registered letter from the Applicant, attaching a copy of the notice to the Project Manager that the Facilities are ready for commissioning, and stating that fourteen days have elapsed from receipt of such notice (or seven days have elapsed if the notice was a repeated notice) and the Project Manager has failed to issue a Completion Certificate or inform the Applicant in writing of any defects or deficiencies; or
(iii) a registered letter from the Applicant stating that no Completion Certificate has been issued but the Employer is making use of the Facilities; or
(c) the ____ day of _____, 2___.[21]
Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a) is hereby excluded.
_____________________
[signature(s)]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final product.
Performance Security Form- Conditional Bank Guarantee
Date:
Loan/Credit No:
RFB No:
To: ___________________________________
Dear Ladies and/or Gentlemen,
We refer to the Contract Agreement (“the Contract”) signed on [date] between you and ____________________________ (“the Contractor”) concerning design, execution and completion of ____________________________.
By this letter we, the undersigned, [name of Bank], a Bank (or company) organized under the laws of _________________ and having its registered/principal office at _________________, do hereby jointly and severally with the Contractor irrevocably guarantee payment owed to you by the Contractor, pursuant to the Contract, up to the sum of ___________, equivalent to _______________ percent (%) of the Contract Price until the date of the Operational Acceptance Certificate and thereafter up to a sum of ____________, equivalent to__________ percent (%) of the Contract Price, until twelve (12) months after the date of Operational Acceptance, or eighteen (18) months after Completion of the Facilities, whichever comes first.
Where it is agreed between you and the Contractor that the Facilities are to be accepted in parts, and thus where there are separate Completion and Operational Acceptance Certificates for each part, this Letter of Guarantee shall be apportioned to the value of each such part and shall reduce or expire as provided above on or following Completion or Operational Acceptance of each part.
We shall only undertake to make payment under this Letter of Guarantee upon our receipt of a written demand signed by your duly authorized officer for a specified sum, where such demand sets out the reasons for your claim under this Letter of Guarantee and is accompanied by
(a) a copy of the written notice sent by you to the Contractor before making the claim under this Guarantee, specifying the Contractor’s breach of contract and requesting the Contractor to remedy it
(b) a letter signed by your duly authorized officer certifying that the Contractor has failed to remedy the default within the period allowed for remedial action
(c) a copy of your written notice to the Contractor stating your intent to claim under this Letter of Guarantee because of the Contractor’s failure to remedy the default in accordance with the request referred to in para. (a) above.
Our liability under this Letter of Guarantee shall be to pay to you whichever is the lesser of the sum so requested or the amount then guaranteed hereunder in respect of any demand duly made hereunder prior to expiry of this Letter of Guarantee, without being entitled to inquire whether or not this payment is lawfully demanded.
This Letter of Guarantee shall be valid from the date of issue until the earlier of twelve (12) months after the date of Operational Acceptance or eighteen (18) months after the date of Completion of the Facilities or, where the Facilities are to be accepted in parts, twelve (12) months after the date of Operational Acceptance or eighteen (18) months after the date of Completion of the last part or [date], whichever comes first.
Except for the documents herein specified, no other documents or other action shall be required, notwithstanding any applicable law or regulation.
If the Defect Liability Period is extended with respect to any part of the Facilities in accordance with the Contract, you shall notify us, and the validity of this Letter of Guarantee shall be extended with respect to the percentage of the Contract Price stipulated in the notification until expiry of such extended Defect Liability Period.
Our liability under this Letter of Guarantee shall become null and void immediately upon its expiry, whether it is returned or not, and no claim may be made hereunder after such expiry or after the aggregate of the sums paid by us to you shall equal the sums guaranteed hereunder, whichever is the earlier.
All notices to be given hereunder shall be given by registered (airmail) post to the addressee at the address herein set out or as otherwise advised by and between the parties hereto.
We hereby agree that any part of the Contract may be amended, renewed, extended, modified, compromised, released or discharged by mutual agreement between you and the Contractor, and this security may be exchanged or surrendered without in any way impairing or affecting our liabilities hereunder without notice to us and without the necessity for any additional endorsement, consent or guarantee by us, provided, however, that the sum guaranteed shall not be increased or decreased.
No action, event or condition which by any applicable law should operate to discharge us from liability hereunder shall have any effect and we hereby waive any right we may have to apply such law, so that in all respects our liability hereunder shall be irrevocable and, except as stated herein, unconditional in all respects.
Yours truly,
Authorized Signature
Advance Payment Security
Demand Guarantee
[Guarantor letterhead or SWIFT identifier code]
Beneficiary: ........................................................ Name and Address of Employer .....................................................
Date:[Insert date of issue].....................................................................................................................................................
Advance Payment Guarantee No.:[Insert guarantee reference number]
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]
............................................................................................................................................................................................................................
We have been informed that . . . . .. . . . . (hereinafter called “the Applicant”) has entered into Contract No. . . . . .. . . . . dated . . . . . . ..with the Beneficiary, for the execution of, . . . . . .. . . . . (hereinafter called “the Contract”).
Furthermore, we understand that, according to the Conditions of the Contract, an advance payment in the sum . . . . .. . . . . . (. . . . .. . . . . ) is to be made against an advance payment guarantee.
At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of .
(. . . . .. . . . . ) [22] upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s statement whether in the demand itself or in a separate signed document accompanying or identifying the demand, stating either that the applicant:
A demand under this guarantee may be presented as from the presentation to the Guarantor of a certificate from the Beneficiary’s bank stating that the advance payment referred to above has been credited to the Applicant on its account number ___________ at _________________..
The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the Applicant as indicated in copies of interim statements or payment certificates which shall be presented to us. This guarantee shall expire, at the latest, upon our receipt of documentation indicating full repayment by the Applicant of the amount of the advance payment, or on the . . . day of . . . . . . . , . . . . .[23], whichever is earlier. Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a) is hereby excluded.
____________________ [signature(s)]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final product.
[1] Nonperformance, as decided by the Employer, shall include all contracts where (a) nonperformance was not challenged by the contractor, including through referral to the dispute resolution mechanism under the respective contract, and (b) contracts that were so challenged but fully settled against the contractor. Nonperformance shall not include contracts where Employers decision was overruled by the dispute resolution mechanism. Nonperformance must be based on all information on fully settled disputes or litigation, i.e., dispute or litigation that has been resolved in accordance with the dispute resolution mechanism under the respective contract and where all appeal instances available to the Bidder have been exhausted.
[2] This requirement also applies to contracts executed by the Bidder as JV member.
[3] The Bidder shall provide accurate information on the related Letter of Bid about any litigation or arbitration resulting from contracts completed or ongoing under its execution over the last five years. A consistent history of awards against the Bidder or any member of a joint venture may result in failure of the Bid.
[4] The Employer may use this information to seek further information or clarifications in carrying out its due diligence.
[5] For contracts under which the Bidder participated as a joint venture member or sub-contractor, only the Bidder’s share, by value, shall be considered to meet this requirement
[6] Substantial completion shall be based on 80% or more Plant and installation completed under the contract.
[7] In the case of JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the minimum value of a single contract has been met. Instead, each contract performed by each member shall satisfy the minimum value of a single contract as required for single entity. In determining whether the JV meets the requirement of total number of contracts, only the number of contracts completed by all members each of value equal or more than the minimum value required shall be aggregated.
[8] In the case of JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the minimum value of a single contract has been met. Instead, each contract performed by each member shall satisfy the minimum value of a single contract as required for single entity. In determining whether the JV meets the requirement of total number of contracts, only the number of contracts completed by all members each of value equal or more than the minimum value required shall be aggregated.
[9] For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.
[10] A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider (different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.
[11] Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such activity includes but is not limited to: accessing and examining a firm's or individual's financial records and information, and making copies thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits; and obtaining third party verification of information.
[13] Costs shall be in the currencies of the Contract.
[14] Costs shall be in the currencies of the Contract.
2 Specify where necessary.
[15] For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.
[16] A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider (different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.
[17] Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such activity includes but is not limited to: accessing and examining a firm's or individual's financial records and information, and making copies thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits; and obtaining third party verification of information.
[18] The Employer should insert either the Bank Guarantee or the Conditional Guarantee.
[19] The Guarantor shall insert an amount representing the percentage of the Contract Price specified in the Contract and denominated either in the currency(ies) of the Contract or a freely convertible currency acceptable to the Employer.
[20] This text shall be revised as and where necessary to take into account (i) partial acceptance of the Facilities in accordance with Sub-Clause 25.4 of the GCC; and (ii) extension of the Performance Security when the Contractor is liable for an extended warranty obligation pursuant to Sub-Clause 27.10 of the GCC (although in this latter case the Employer might want to consider an extended warranty security in lieu of the extension of the Performance Security).
[21] Insert the date twenty-eight days after the expected expiration date of the Defect Liability Period. The Employer should note that in the event of an extension of the time for completion of the Contract, the Employer would need to request an extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the Employer might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year], in response to the Employer’s written request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.”
[22]The Guarantor shall insert an amount representing the amount of the advance payment and denominated either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible currency acceptable to the Employer.
[23]Insert the expected expiration date of the Time for Completion. The Employer should note that in the event of an extension of the time for completion of the Contract, the Employer would need to request an extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the Employer might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year], in response to the Beneficiary’s written request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.”
"},{"id":"OP00463159","notice_type":"Request for Expression of Interest","noticedate":"18-Aug-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-03T00:00:00Z","submission_deadline_time":"23:45","project_ctry_name":"Albania","project_id":"P178715","project_name":"Climate Resilience and Agriculture Development Project","bid_reference_no":"AL-MARD-560551-CS-INDV","bid_description":"M&E Consultant of PMT","procurement_group":"CS","procurement_method_code":"INDV","procurement_method_name":"Individual Consultant Selection","contact_address":"Bulevardi Dëshmorët e Kombit Nr.2; Tiranë, Albania\nTel (off.): +355 4 2226243 - 75191","contact_ctry_name":"Albania","contact_email":"Arben.Molla@bujqesia.gov.al","contact_name":"Arben Molla","contact_organization":"Ministry of Agriculture and Rural Development","contact_phone_no":"+355 69","contact_web_url":"www.bujqesia.gov.al","submission_date":"2026-08-18T00:00:00Z","notice_text":"
ALBANIA
REQUEST FOR EXPRESSIONS OF INTEREST (REOI)
(CONSULTING SERVICES)
Selection of Individual Consultant
Climate Resilience and Agriculture Development Project in Albania
Project ID Number: No.: P178715
IBRD Loan Number: 94890
Assignment Title: “M&E Consultant of PMT”
(Ref. No. AL-MARD-560551-CS-INDV)”
The World Bank is assisting the Government of Albania (GoA) with the financing of the Climate Resilience and Agriculture Development project (CRAD). This project aims to increase competitiveness and climate resilience of priority agri-food value chains. The expected outputs from the project are: (i) increased supply/sales to local agri-food businesses, (ii) increased agricultural productivity and production, lower costs and extended production season (iii) improved traceability, farmer’s market integration and the compliance with food safety and quality requirements, (iv) evidence-based decision making for resilience and sustainable agri-food systems.
The Project consists of the following components, which will support the project objective:
The services required to be contracted aim to support the Ministry of Agriculture and Rural Development (MARD) in ensuring successful implementation of the contract “M&E Consultant of PMT”.
The Ministry of Agriculture and Rural Development (MARD) is the lead implementation agency for this Project (CRAD) and publishes this Request for Expression of Interest with the aim of selecting an individual consultant as M&E Consultant of PMT who will be part (a team member) of the PMT and he/she will support the PMT in monitring and evalution issue compliance in the implementation of Project activities.
Objective of the Consultancy and Scope of Work
The primary objective of the Monitoring and Evaluation (M&E) Specialist consultancy is to support the effective implementation of the Climate Resilience and Agriculture Development Project by establishing and operationalizing robust monitoring and evaluation systems. The M&E Specialist will ensure that project activities across all components are tracked, analyzed, and reported in alignment with the project’s development objectives of increasing competitiveness and climate resilience of priority agri-food value chains. The role will contribute to evidence-based decision-making, facilitate adaptive management, and strengthen institutional capacity at the Ministry of Agriculture and Rural Development (MARD) and municipal levels, with a particular focus on stakeholder engagement and local context.
Key activities and responsibilities include:
This list of duties and responsibilities is not exhaustive, and the consultant may be required to perform other related tasks as assigned by the designated supervisor.
Required Experience and Qualifications
The Consultant shall possess the following qualifications and experience:
Applicants that fulfill the minimum qualification requirements will be further evaluated based on the below evaluation grid for the position:
Evaluated expertise | Points |
General Experience | 30 |
Adequacy for the assignment | 60 |
Language and computer skills | 10 |
Total | 100 |
The consultant will be selected based on Selection of Individual Consultant (IC) in accordance with the procedures set out in the World Bank’s Procurement Regulations for IPF Borrowers, Procurement in Investment Project Financing Goods, Works, Non-Consulting and Consulting Services July 2016 (revised November 2020).
The initial duration of the assignment is 12 months, with a probation period of 3 months, from contract signing and/or entry into force of the contract, with the option of renewal for the entire Project implementation period (38 months), based on satisfactory performance. The type of contract for this assignment is Time Based Contract. The Consultant M&E expert shall be engaged on a full-time basis.
Interested local Consultants may obtain further information concerning the Terms of Reference at the official website of MARD: https://bujqesia.gov.al/projekti-qendrueshmeria-ndaj-klimes-dhe-zhvillimit-ne-bujqesi/, or at the address below, during office hours 08:00 to 16:30 (Monday to Thursday) and 08:00 to 14:00 on Friday.
The Ministry of Agriculture and Rural Development (MARD) invites interested individuals to indicate their interest in providing the services. Interested candidates should provide: (i) motivation letter, underlining their advantages concerning this position, (ii) Curriculum Vitae, as well as, (iii) information that indicates that the candidates have required qualifications to carry out the Consulting Services, and (iv) various references.
All documents should be submitted in English language.
Expressions of Interest (EoIs) must be delivered no later than September 03, 2026 hardcopy (in person or by mail) to the address below, within office hours, and/or electronically at the below e-mail address.
Ministry of Agriculture and Rural Development
Adr: Blv. "Dëshmorët e Kombit", Nr. 2, 1001, Tirana, Albania
E-mail: arben.molla@bujqesia.gov.al
Attn: Mr. Arben Molla
Project Manager of PMT
"},{"id":"OP00463071","notice_type":"Request for Expression of Interest","noticedate":"18-Aug-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-09-03T00:00:00Z","submission_deadline_time":"16:00","project_ctry_name":"Somalia, Federal Republic of","project_id":"P508408","project_name":"Bulsho: Strengthening Community and Local Institutions for Social Cohesion, Inclusion, and Resilienc","bid_reference_no":"SO-MOLGUD-567779-CS-INDV","bid_description":"Procurement Officer for Bulsho Project-Somaliland Project Implementation Unit (PIU)","procurement_group":"CS","procurement_method_code":"INDV","procurement_method_name":"Individual Consultant Selection","contact_address":"Near the Presidential Palace, behind the Ministry of Livestock, Hargeisa, Somaliland.","contact_ctry_name":"Somalia, Federal Republic of","contact_email":"bulsho.somaliland@outlook.com","contact_name":"Mohamoud Hussein","contact_organization":"Ministry of Local Governments and Urban Development","contact_phone_no":"+252634420527","submission_date":"2026-08-18T00:00:00Z","notice_text":"
GOVERNMENT OF SOMALILAND
MINISTRY OF LOCAL GOVERNMENT AND URBAN DEVELOPMENT (MoLGUD)
REQUEST FOR EXPRESSION OF INTEREST (REOI)
INDIVIDUAL CONSULTANT SELECTION
Country: Somaliland
Project ID: P508408
Project Name: Bulsho Project – Strengthening Community Institutions for Social Cohesion, Inclusion and Resilience
Consulting Service: PIU Bulsho Procurement Officer
Selection Type: Individual Consultant
Reference No: SO-MOLGUD-567779-CS-INDV
Duty Station: Hargeisa, Somaliland, with potential travel to the target districts and cities of the Bulsho Project
Duration: 12 months, renewable subject to satisfactory performance
Application Deadline: September 3, 2026, at 4:00 PM Hargeisa Time
1. BACKGROUND
The Ministry of Local Government and Urban Development (MoLGUD) of the Government of Somaliland is implementing the World Bank-financed Bulsho Project – Strengthening Community Institutions for Social Cohesion, Inclusion and Resilience (P508408).
The main objective of the Bulsho Program is to strengthen community and local institutions for improved social cohesion, inclusion, and resilience. The Program places citizens and communities at the center of governance and focuses on strengthening service delivery systems, reinforcing the social contract between citizens and government, and promoting participatory and inclusive local governance.
To support implementation of the Bulsho Project, the Government of Somaliland, through MoLGUD, intends to recruit a qualified and experienced Procurement Officer as part of the Project Implementation Unit (PIU).
2. SCOPE OF THE ASSIGNMENT
The PIU Bulsho Procurement Officer will be responsible for developing and implementing an effective and cost-efficient procurement management system for the Bulsho Project in accordance with the World Bank Procurement Regulations, applicable Government procedures, the Project Operations Manual (POM), and other relevant project requirements.
The Procurement Officer will coordinate and support procurement planning and implementation; preparation and processing of procurement documents; bid/proposal evaluation and contract award processes; contract management; procurement compliance, monitoring and reporting; community-level procurement; procurement capacity building; and maintenance of procurement records and systems, including the Systematic Tracking of Exchanges in Procurement (STEP).
The detailed scope of services, responsibilities, deliverables, reporting arrangements, and other requirements are provided in the attached Terms of Reference (TOR).
3. QUALIFICATIONS AND EXPERIENCE
The successful candidate shall meet the following minimum qualifications and experience:
4. REPORTING AND DURATION
The PIU Bulsho Procurement Officer will report to the Bulsho Project Manager.
The assignment will initially be for 12 months and may be renewed subject to satisfactory performance and project requirements. The duty station is Hargeisa, Somaliland, with potential travel to the target districts and cities of the Bulsho Project.
5. SELECTION METHOD
The Ministry of Local Government and Urban Development (MoLGUD), Government of Somaliland, now invites eligible and qualified Individual Consultants to indicate their interest in providing the above-mentioned services.
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: Procurement in Investment Project Financing – Goods, Works, Non-Consulting and Consulting Services, July 2016, revised November 2017, August 2018, November 2020 and September 2023 (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest.
A Consultant will be selected in accordance with the Individual Consultant Selection method set out in the World Bank Procurement Regulations and applicable Government of Somaliland policies.
6. SUBMISSION REQUIREMENTS
Interested Consultants should submit:
Interested and qualified candidates should submit their applications by email with the subject line:
“Application for PIU Bulsho Procurement Officer – SO-MOLGUD-567779-CS-INDV”
To: bulsho.somaliland@outlook.com
Cc: dg.molgud@sldgov.org
Applications must be received no later than September 3, 2026, at 4:00 PM Hargeisa Time.
Attention:
PIU Bulsho Procurement Officer Recruitment
Bulsho Project – Strengthening Community Institutions for Social Cohesion, Inclusion and Resilience
Ministry of Local Government and Urban Development (MoLGUD)
Government of Somaliland
Hargeisa, Somaliland
The detailed Terms of Reference (TOR) for the assignment are attached to this REOI.
"},{"id":"OP00461885","notice_type":"Request for Expression of Interest","noticedate":"17-Aug-2026","notice_lang_name":"English","notice_status":"Published","submission_deadline_date":"2026-08-31T00:00:00Z","submission_deadline_time":"17:00","project_ctry_name":"Armenia","project_id":"P504282","project_name":"Armenia Tourism and Regional Infrastructure Project","bid_reference_no":"TRIP-CS-01","bid_description":"Consultancy Service for PROJECT PERFORMANCE MONITORING & EVALUATION","procurement_group":"CS","procurement_method_code":"QCBS","procurement_method_name":"Quality And Cost-Based Selection","contact_address":"Ulnetsi 31, Yerevan","contact_ctry_name":"Armenia","contact_email":"s.grigoryan@atdf.am","contact_name":"Silva Grigoryan","contact_organization":"Armenian Territorial Development Fund","contact_phone_no":"(060) 50-15-60 +140","contact_web_url":"www.atdf.am","submission_date":"2026-08-17T00:00:00Z","notice_text":"REQUEST FOR EXPRESSIONS OF INTEREST
(CONSULTING SERVICES – FIRMS SELECTION)
Republic of Armenia
Tourism and Regional Infrastructure Project (TRIP)
Loan No: IBRD-98090
Assignment Title: Consultancy Service for project performance Monitoring & Evaluation
Reference No. (as per Procurement Plan): TRIP-CS-01
17 August, 2026
The Republic of Armenia has received financing from the World Bank toward the cost of the Tourism and Regional Infrastructure Project (TRIP), and intends to apply part of the proceeds for consulting services.
The consulting services (“the Services”) include supporting ATDF in establishing and implementing a practical and reliable Monitoring and Evaluation (M&E) system for the Project, enabling systematic tracking of project implementation progress, measurement of results and outcomes, and timely reporting against the Project Results Framework.
Specifically, the Consultant will:
The anticipated date of contract signing is May 2027. The expected completion date of the assignment August, 2030.
The detailed Terms of Reference (TOR) for the assignment are attached to this request for expressions of interest.
The Armenian Territorial Development Fund (ATDF) 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:
(Experience during the last five (5) years)
* The Consultant shall provide information on contracts completed by the firm, including the name of the Client, contract value, and a brief description of the services provided.
Key Experts will not be evaluated at the shortlisting stage.
The shortlist will contain five (5) to eight (8) firms.
The attention of interested Consultants is drawn to Section III, paragraphs, 3.14, 3.16, and 3.17 of the World Bank’s “Procurement Regulations for IPF Borrowers” September 2025 (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest.
Consultants may associate with other firms to enhance their qualifications, but should indicate clearly whether the association is in the form of a joint venture and/or a sub-consultancy. In the case of a joint venture, all the partners in the joint venture shall be jointly and severally liable for the entire contract, if selected.
A Consultant will be selected in accordance with the Quality and Cost-Based Selection (QCBS) method set out in the Procurement Regulations.
Further information can be obtained at the address below during office hours from 09:00 to 17:00 (Yerevan time).
Expressions of interest must be delivered in a written form to the address below (in person, or by e-mail) by August 31, 2026.
Armenian Territorial Development Fund
Procurement department
K. Ulnetsi st. 31bld
Yerevan 0037, Armenia
Tel: (+374 60) 50-15-60 +140
E-mail: procurementatdf2026@gmail.com, m.grigoryan@atdf.am
TERMS OF REFERENCE
Tourism and Regional Infrastructure Project
Consultancy Service for
PROJECT PERFORMANCE MONITORING & EVALUATION
TRIP-CS-01
The Tourism and Regional Infrastructure Project (Project) aims to boost Armenia's tourism potential through targeted infrastructure and soft investments in several regions. It will support seven (Areni, Yeghegis, Jermuk, Dvin, Gyumri, Dilijan, Goris) of the twenty identified tourism clusters, focusing on wine, wellness, adventure, culture, education, and ecotourism across Ararat, Vayots Dzor, Shirak, Aragatsotn Tavush, and Syunik regions. The Project will improve connectivity to the Clusters and enhance tourism site infrastructure. It also seeks to elevate Armenia’s natural assets and human resources, improving business and professional skills in nearby communities to maximize the job creation. Additionally, Project aligns with the World Bank’s approach to attracting private investment in these tourism clusters.
Project development objective (PDO) is to improve access to climate-resilient infrastructure and increase tourism contribution to the local economy of project-supported clusters in Armenia.
Section 2. Objective of the assignment
The objective of this assignment is to support ATDF in establishing and implementing a practical and reliable Monitoring and Evaluation (M&E) system for the Project, enabling systematic tracking of project implementation progress, measurement of results and outcomes, and timely reporting against the Project Results Framework.
Specifically, the Consultant will:
Section 3. Scope of Work
Task 1: Operationalization of Existing M&E Framework (Status Update)
The Consultant shall:
Task 2: Status quo analysis.
Prior to Implementation of the Civil works in the target locations the Consultant shall analyze and assess the number of visitors to a given site (subproject) through analyzing formal visitations (e.g. tickets, etc.), hotels, B&Bs, etc. of 2023-2026 years, and other informal means, as well as some qualitative assessment, e.g. view of the quality of infrastructure, site offerings, etc. Consultant shall also:
Task 3: M&E Methodology and Development
The Consultant shall develop a practical and implementable M&E methodology, including:
The M&E Methodology should include a data collection calendar that allows for counting seasonality, provides guidelines for interviewers on how to conduct surveys in the field and develops survey instruments that are in line with international standards. It also should specify data imputation, parameter estimation methodologies and determine the structure of periodic Results Reports.
M&E Methodology should be based on all selected regions, a parallel analysis of the project’s impacts in the context of tourism development throughout Armenia would be of special interest; in particular, analysis of historical trends (before, during and after the project) of specific tourism indicators at the national level and for different regions.
Task 3: Pilot Testing and Initial Implementation
The Consultant shall:
Task 4: Design and Development of a Digital M&E System
The Consultant shall:
Task 5: Reporting and Results Assessment
The Consultant shall:
Section 4. Deliverables
The Consultant shall deliver the following outputs. All deliverables shall be submitted in English and Armenian, in electronic (editable MS Word/Excel formats), and, where required, two (2) hard copies.
4.1. Inception Report (Month 1) Indicative length: 15–20 pages |
Content:
Annexes:
|
4.2. Status Update Report (Month 2) Indicative length: 20 pages |
Content:
|
4.3. Status Quo Analysis Report (For each Cluster prior to the commencement of construction works) Indicative length: 30–50 pages |
Content:
Outputs: • Status Quo Analysis Report for each target location/subproject; |
4.4. M&E Methodology and Toolkit (Month 8) Indicative length: 30–50 pages |
Content:
Mandatory Annexes:
|
4.5. Pilot Testing and Initial Implementation Report (Month 8) Indicative length: 30–50 pages |
Content:
Outputs:
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4.6. Digital M&E System and Dashboard Package (Month 6)
|
Outputs
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4.7. Periodic M&E Reports (Quarterly and Annual) Indicative length: 30–50 pages |
Content:
Format requirements:
|
4.8. Final Results Report (End of Assignment) Indicative length: up to 80–100 pages
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Content:
Annexes:
|
Section 5. The composition of Consultant’s team and qualifications are the following:
Key 1 Team Leader: hold Master’s degree with an emphasis on tourism research, monitoring and evaluation, with at least 5-7 years of similar experience in survey design and execution;
Key 2 Economic and financial analysis expert: Bachelor’s degree in Economics, Mathematics, Social Sciences or related field with at least 5 years of experience in data collection and analysis.
Key 3 Performance evaluation specialist: Bachelor degree in tourism with at least 5 years of experience in data collection and analysis for tourism development. Willing to travel to remote communities and coordinate with team members on related projects;
Key 4 Qualified Surveyors in related field with at least 3 years’ experience in similar M&E assignments /4 specialist/.
Section 6. Language
The working language of the report is English and Armenian. All reports should be submitted in hard (2) and electronic copies in both languages.
Section 7. Duration
The Contract shall be signed for an initial period of one (1) year. The Consultant shall be responsible for addressing the Client’s comments and finalizing the deliverables until their formal acceptance by the Client. The Contract may be renewed annually, subject to satisfactory performance and the continuing needs of the Project.
Section 8. Implementation Arrangements
The Consultant shall report directly to the ATDF. Close coordination will be required with Tourism Committee, National Statistical Committee (upon need), and other relevant stakeholders. Close coordination with ATDF technical team and construction contractors will also be required. The assignment is on an intermittent basis following the pace of the progress of civil works implementation in each of the selected regions.
Annex 1: Results Framework and Monitoring
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Intermediate Indicators by Components |
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Monitoring & Evaluation Plan: PDO Indicators by PDO Outcomes
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Monitoring & Evaluation Plan: Intermediate Results Indicators by Components
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