BAFO will apply a two envelope procurement process. The submission of BAFOs, opening of the Technical Parts and Financial Parts and the evaluation of Proposals will follow the procedures described for the Technical, Financial and Combined evaluation above, as appropriate. Most Advantageous Proposal (MAP) The Most Advantageous Proposal is the Proposal of the Proposer that meets the Qualification Criteria, and whose Proposal has been determined to be: substantially responsive to the RFP; and the best evaluated Proposal i.e. the highest scoring Proposal, in the combined technical and financial evaluation. Negotiations If specified in the PDS, the Employer may conduct negotiations following the evaluation of Proposals and before the final contract award. The procedure of the negotiations will be specified in the PDS. Negotiations be held in the presence of Probity Assurance Provider appointed by the Employer. Negotiations may address any aspect of the contract so long as they do not change the specified business function and performance requirements. The Employer may negotiate first with the Proposer that has the Most Advantageous Proposal. If the negotiations are unsuccessful the Employer may negotiate with the Proposer that has the next best Most Advantageous Proposal, and so on down the list until a successful negotiated outcome is achieved. Employer’s Right to Accept Any Proposal, and to Reject Any or All Proposals The Employer reserves the right to accept or reject any Proposal, and to annul the RFP process and reject all Proposals at any time prior to contract award, without thereby incurring any liability to Proposers. In case of annulment, all Proposals submitted and specifically, Proposal securities shall be promptly returned to the Proposers. Standstill Period The Contract not be awarded earlier than the expiry of the Standstill Period. The Standstill Period shall be ten (10) Business Days unless extended in accordance with ITP 52. The Standstill Period commences the day after the date the Employer has transmitted to each Proposer (that has not already been notified that it has been unsuccessful) the Notification of Intention to Award the Contract. Where only one Proposal is submitted, or if
currency (up to three currencies permitted) then this table should be repeated for each foreign currency.] Index code Index description Source of index Base value and date Proposer’s related source currency in type/amount Equivalent in FC1 Proposer’s proposed weighting Nonadjustable — — — A: * B: * C: * D: * E: * Total 1.00 [* To be entered by the Employer. Whereas “A” should a fixed percentage, B, C, D and E should specify a range of values and the Proposer will be required to specify a value within the range such that the total weighting = 1.00] Table C. Summary of Payment Currencies (Design Build) Table: Alternative A For [insert name of Section of the Works] Name of payment currency A Amount of currency B Rate of exchange (local currency per unit of foreign) C Local currency equivalent C = A x B D Percentage of Total Proposal Price (TPP) 100xC TPP Local currency 1.00 Foreign currency #1
Ref. Asset description Scheduled Replacement Date Amount in currency of Proposal % Local (q)* [state currency] % FC1 (r)* currency] % FC2 (s)* [state currency] % FC# [state currency] 1 Year 6 Asset Replacements (a) Asset …. (b) …… Total Year 6 Asset Replacements …………. (Carried to Form 2a) 2 Year 7 Asset Replacements (a) Asset …. (b) Asset …… Total Year 7 Asset Replacements …………. (Carried to Form 2a) Continue table for each year of the operation service * “q”, “r” and “s” etc. are the proportions in each currency to be used for cost indexation purposes as further detailed in Section IX, Contract Agreement, Appendix 2 – Schedule of Cost Indexation. [The Employer shall adapt the form if Proposers are allowed to be paid in multiple currencies.] Part [2] Proposal Forms – Operation Service Summary for Operation Service
IX – (PC) The following particular conditions supplement the GC. Whenever there is a conflict, the provisions herein shall prevail over those in the GC. Particular Conditions of Contract Part A – Contract Data Conditions Sub-Clause Data the Contract allows for Cost Plus Profit, percentage profit to be added to the Cost: 1.1.24 _______ [insert the %, normally 5%] Cut-Off Date (number of days after the Time for Completion of 1.1.26 [number of days] Contractor’s Key Personnel names 1.1.21 & 6.9 [insert the name of each of the Contractor’s Key Personnel to the extent agreed by the Employer prior to Contract signature] Employer’s Representative’s name and address: For the Design Build Period: 1.1.35
For the Operation Service Period: Parts of the Works that shall be designated a Section for the purposes of the Contract: 1.1.70 Time for Completion of Design-Build: 1.1.78 ________ days Borrowers Name: 1.1.85 Agreed methods of electronic transmission: 1.3 Address of Employer for communications: 1.3 Address of Employer’s Representative for communications: For the Design Build Period: For the Operation Service Period: 1.3 Address of Contractor for communications: 1.3 Governing law: 1.4 Ruling language: 1.4 Language for communications: 1.4 Assignment: Name of agency to the Contract may be assigned (if any): 1.8 [ ] Joint and Several Liability: Type and minimum amounts of paid up capital required: Minimum shareholding requirement after lock-in period: 1.15 If JV is permitted to form an SPV, specify here [ ] Lead shareholder Other shareholders
Security) shall normally not exceed 10% of the Accepted Contract Amount for Design Build.] Contractor’s Representative’s name 4.3 [insert the name of the Contractor’s Representative agreed by the Employer prior to Contract signature] Protection of the Environment Provisional sum for costs of complying with the EMP if not covered within the Contractor’s price. 4.18 [ ] Period for notification of errors, faults and other defects: 5.1 ___________________days after the Commencement Date Normal working hours on the Site: 6.5 Period of the Operation Service: 8.2 [ ] months Time for Completion of Design-Build: 9.2, 1.1.78 [ ] months Time for Completion of each Section: 9.2, 1.1.78 [ ] months Amount of delay damages 9.6 [ ] per day Maximum amount of delay damages 9.6 [ ]% of Accepted Contract Amount for Design Build Commencement Date if different from PCC 10.2. 10.2 Maximum amount of Performance Damages payable by the Contractor (Operation Service): 10.6 and 10.7 Maximum amount of compensation payable by Employer (Operation Service): 10.6b Maximum amount of performance damages payable by the Contractor in 10.6 and 10.7
Limit of Retention Money: 14.3 Plant and Materials for payment when shipped: 14.6(b)(i) Plant and Materials for payment when delivered to the Site: 14.6(c)(i) Minimum Amount of Interim Payment Certificate applicable for the Minimum Amount of Interim Payment Certificate applicable for the Operation Service. 14.7(b) Financing charges for delayed payment: 14.9 Currencies for payment of Contract Price: [or reference Schedule of Payments] 14.17 Proportions of Local and Foreign Currencies are: [or reference Schedule of Payments] 14.17 Rate of Exchange [or reference Schedule of Payments] 14.17 Currencies of Payment of damages shall be: During the During the Operation Service: 14.17 [insert currencies or reference Schedule of Performance Damages] Amount of Maintenance Retention Fund: 14.19 Operation of forces of nature allocated to the Contractor: 17.1 b (iii)
Maximum total liability of the Contractor shall not exceed: 17.8 Permitted deductible limits: 19.2(a)(i) Additional sum to be insured: 19.2(a)(ii) Employer’s Risks to be insured if different to 17.1: 19.2(a)4 Exceptional Risks to be insured if different to 18.1: 19.2(a)5 Insurance of Contractor’s Equipment (minimum amount required): 19.2(b) [insert amount of insurance] Minimum amount of professional liability insurance required: 19.2(c) [insert amount of insurance] Period for which professional liability insurance required: 19.2(c) Minimum amount of insurance required for injury to persons and damage to property: 19.2(d) [insert amount of insurance] Other insurances required from the Contractor (give details): 19.2(f) Minimum amount of fire extended cover insurance required: 19.3(a) [insert amount of insurance] Minimum amount of insurance required to cover injury to any person and damage to property: 19.3(b) [insert amount of insurance] insurances required by law from the Contractor (give details): 19.3(d) Clause Clause
Sub-Clause 1.1.11 Contract Agreement: “if any” is deleted. Sub-Clause 1.1.21 Key Personnel The following is at the end of the sub-clause: “Contractor’s Personnel includes Key Personnel as named in Part A - Contract Data.” Sub-Clause 1.1.27 DAB the whole Sub-Clause is replaced with: “DB means the person or three persons appointed under Sub-Clause 20.3 [Appointment of the Dispute Board] or Sub-Clause 20.4 [Failure to Agree on the Composition of the Dispute Board] or 20.10 Disputes Arising under the Operation Service Period. Sub-Clause 1.1.49 Letter of Tender After “entitled letter of tender”, “or letter of Proposal” is added. Sub-Clause 1.1.72 Site “are to be executed”, “, including storage and working areas,” is added. Sub-Clause 1.1.84 Accepted Contract Amount for the Design Build The following is as a new Sub-Clause: “1.1.84 “Accepted Contract Amount for the Design Build” means the amount accepted in the Letter of Acceptance for the of the Works;” Sub-Clause 1.1.85 Accepted Contract Amount for the Operation Service The following is added as a new Sub-Clause: “1.1.85 “Accepted Contract Amount for the Operation Service” means the amount accepted in the Letter of Acceptance for the provision of the Operation Service, including the amount of the Asset Replacement Fund;” Sub-Clause 1.1.86 Bank “1.1.86 “Bank” means The International Bank for Reconstruction and Development and/or the International Development Association (whether acting on its own account or in its capacity as administrator of trust funds provided by other donors.” Clause
be made available by the Contractor, but shall not be bound by the Contractor’s interpretation of any such evidence.” Sub-Clause 4.13 Rights of Way and Facilities The sub-clause is replaced with the following: “Unless otherwise specified in the Contract the Employer shall provide effective access to and possession of the Site including special and/or temporary rights-of-way which are necessary for the Works. The Contractor shall obtain, at his risk and cost, any additional rights of way or facilities outside the Site which he may require for the purposes of the Works.” Sub-Clause 4.15 Access Route “at Base Date” is added at the end of the first sentence. Sub-Clause 4.18 Protection of the Environment In the last sentence “and shall not breach the limits prescribed by applicable laws” is replaced with “or prescribed by applicable Laws.” At the end of the Sub-clause add: “The Contractor’s obligations with respect to the preparation and implementation of the Environmental Management Plan (hereinafter the “EMP”) shall be as detailed in the Employer’s Requirements. The Contractor shall at all times comply with the conditions of the approved EMP. Unless stated otherwise in the Contract Data, the Contract Price shall be deemed to include all things necessary to meet the requirements of the EMP.” Sub-Clause 4.21 Progress Reports Sub-Clause 4.21 (g) is replaced by the following: “4.21 (g) the Environmental, Social, Health and Safety (ESHS) metrics set out in Appendix C;” At the end of, and as part of Sub-Clause 4.21 add a new paragraph as follows: “4.21 The Contractor shall provide immediate notification to the Employer’s Representative of incidents in the following categories. Full details of such incidents shall be provided to the Employer’s Representative within the timeframe agreed with the Employer’s Representative. confirmed or likely violation of any law or international agreement; any fatality or serious (lost time) injury;
The Contractor shall not make employment decisions on the basis of personal characteristics unrelated to inherent job requirements. The Contractor shall base the employment relationship on the principle of equal opportunity and fair treatment, and shall not discriminate with respect to aspects of the employment relationship, including recruitment and hiring, compensation (including wages and benefits), working conditions and terms of employment, access to training, promotion, termination of employment or retirement, and discipline. In countries where the relevant labour laws provide for non-discrimination in employment, the Contractor shall comply with such laws. When the relevant labour laws are silent on in employment, the Contractor shall meet this requirements. 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.” Sub-Clause 7.4 Testing The second paragraph shall start as: “Except as otherwise specified in the Contract, the Contractor shall….”. Sub-Clause 7.7 Ownership of Plant and Materials The first paragraph shall start as: “Except as otherwise specified in the Contract, ….” Further in each of point (b) and (c), “when the Contractor is entitled to payment of the value” is replaced with “when the Contractor is paid the corresponding value”. The following is added at the end of the sub-clause: “For the avoidance of doubt, vehicles, trucks, mobile plant and site equipment (other than temporary mobile plant and temporary site equipment brought onto the site to undertake specific remedial tasks), tools, office equipment, software and office consumables used by the Contractor for the Operation Service shall become the property of the Employer. Vehicles used for personal transportation of the Contractor’s Personnel and computers and mobile devices allocated for the personal use of the Contractor’s Personnel shall be Contractor’s Equipment. The Contractor shall maintain up-to-date inventories of the Contractor’s Equipment, Materials and Temporary Works throughout the term of the Contract.” Sub-Clause 8.1 Commencement of Work The sub- clause is replaced in its entirety with the following: “8.1 Commencement of Work