7. Embedding change Task teams, including safeguards specialists, should be aware of the possible impacts of these ESHS changes including the stronger enforcement and contractual remedy provisions. This should also be included in the business outreach programs to familiarize contractors. The roll-out of this initiative involves presentations to procurement, safeguards and TTLs. It is being presented to private sector organizations, as part of a series of outreach webinars. We are also addressing industry groups (most recently Chinese construction companies through an event held in Macau, and Contractors and Engineers operating in East Africa) 8. EMP ESMF Do the EMP in the ESMF already address the requirements being introduced through the ESHS MSIP? EMP/ ESMP/ ECOP prepared during project preparation contain specifications that the Bank requires the Borrower to meet during implementation. These requirements should be built into the ESHS Requirements/Provisions as an outcome-based technical specification (e.g. dust emissions during haulage shall not result in nuisance). The Contractor’s MSIP set out the specific actions that they will take to deliver the specified outcomes (e.g. spraying haul roads with water as and when necessary). Based on the ESHS Requirements/provisions the Borrower will identify the top 4 ESHS risks and request bidders to submit their MSIPs, as part of the bidding documents. MSIPs will then be assessed as part of the evaluation process. As part of the bidding process, the contractor will need to demonstrate that they have identified suitable and specific actions to address and manage the ESHS risks. Once agreed, these will be implemented from the start of the works.
26. National competitive bidding (NCB) These enhancements apply to procurements subject to international competition. What happens where the Borrower is undertaking NCB using its own bidding documents? How will ESHS risks be addressed, especially given the increased thresholds for using NCB e.g. in India now the 90% of the procurement in the transport sector is done by approaching the national market. Specific guidance from OPCS will be of help to the teams in addressing this issue consistently across portfolios and avoiding case by case reference by the teams. In many countries (where the Bank has agreed harmonized NCB bidding documents with the Governments and the Borrowers have issued the regulations/decrees for use of such NCB documents in Bank financed contracts), incorporating ESHS enhancement will require the revision to the Borrower’s regulations/decrees/standard documents once the changes have been discussed and agreed. This may take considerable time before the ESHS enhancements can be operationalized in NCB works. The Bank’s SPDs are mandated for international competitive procurement. For national competitive procurement, the Borrower may use its procurement documents, acceptable to the Bank. The Bank is not mandating the enhanced ESHS requirements in SPDs to be applied in national competitive procurement. For the latter, it is only if ESHS provisions are appropriate, and have been agreed with the Borrower, that they should be applied. A discussion can be held with the Borrower on the mitigation of ESHS risks and impacts. At this stage, the updated SPDs with ESHS provisions shall be used for international competitive procurement. 27. NCB How will this apply to NCB? And to situations where there is no prior review? These provisions are not mandatory for NCB. But the Borrower can be encouraged to adopt the practice stated in the SPDs for NCB, if appropriate. 28. P4R How will this apply to P4R The enhanced SPDs with ESHS provisions apply to Investment Project Financing (IPF).