This Section consists of provisions that are specific to each procurement and that supplement the information or requirements included in Section I, Instructions to Proposers. Section III – Evaluation and Qualification Criteria This Section specifies the methodology that will be used to determine the Most Advantageous Proposal. The Most Advantageous Proposal is the Proposal of the Proposer that the Qualification Criteria, and whose Proposal has been determined to be: substantially responsive to the RFP document; and the best evaluated Proposal i.e. the highest scoring Proposal, in the combined technical and financial evaluation. Section IV – Proposal This Section contains the forms which are to be completed by the Proposer and submitted as part of the Proposal. Section V – Eligible Countries This Section contains information regarding eligible countries. Section VI – Fraud and Corruption This section includes the Fraud and Corruption provisions which apply to this Request for Proposal process. PART 2 – EMPLOYER’S REQUIREMENTS Section VII – Employer’s Requirements This section shall set out a description of the functional and/or performance specification of the works to be designed and constructed. It shall present, as appropriate, a statement of the required standards for materials, plant, supplies, and workmanship to be provided. The Employer Requirements shall also present the environmental, social (including sexual exploitation and abuse (SEA) and gender based violence (GBV)), health and safety requirements to be satisfied by the contractor in designing and executing the works. PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS Section VIII – General Conditions (GC)
Design Methodology; Construction Management Strategy; Method Statement for key construction activities; Code of Conduct Design Build Work Program; Operation Service proposal; key personnel qualifications and resource schedule; risk assessment; key equipment strategy. [add any factors as appropriate]. Each technical factor may include sub factors. The weight to be to each technical factor and sub factor is specified in the PDS. [NOTE TO THE EMPLOYER: The Employer shall develop a scoring methodology to be included here] If as per ITP 43.2, the technical factors (and factors, if applicable) are weighted in terms of relevance, the total technical score would be the weighted average in percent. (a) 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 (b) The Factor Technical Scores will be combined in a weighted sum to form the total Technical Proposal Score using the following formula: where: Sj = the Factor Technical Score of factor “j” Wj = the weight of factor “j” as specified in the PDS n = the number of Factors and Evaluation of Financial Part (ITP 51.1(f))
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 Proposal Price (TPP) 100xC TPP Local currency 1.00 Foreign currency #1 Foreign currency #2
Form CON – 3. Environmental, Social, Health, and Safety Performance Declaration [This form should be used only if the information submitted at the time of initial selection requires updating. The following table shall be filled in for the Proposer and for JVs, each member of the Joint Venture and each Specialized Subcontractor] Proposer’s Name: [insert full name] Date: [insert day, month, year] Joint Venture Member’s or Specialized Subcontractor’s Name: [insert full name] RFP No. and title: [insert RFP number and title] Page [insert page number] of [insert total number] pages Environmental, Social, Health, and Safety Performance Declaration in accordance with Section III, Qualification Criteria, and Requirements of the Initial Selection document 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, Social, Health, or Safety (ESHS) performance the date specified in Section III, Qualification Criteria, and Requirements, 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, Social, Health, or Safety (ESHS) performance since the date specified in Section III, Qualification Criteria, and Requirements, 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] [insert amount]
VIII – (GC) The Conditions of Contract are the “General Conditions” which form part of the Conditions of Contract for Design, Build and Operate Projects first edition 2008 published by the Federation Internationale Des Ingenieurs – Conseils (FIDIC) and the following “Particular Conditions” which include amendments and addition to such General Conditions. Copies of the above FIDIC publication i.e. “Conditions of Contract for Design, Build and Operate Projects” can be obtained from International Federation of Consulting Engineers FIDIC Bookshop – Box- 311 – CH – 1215 Geneva 15 Switzerland Fax: +41 22 799 49 054 Telephone: +41 22 799 49 01 E-mail: www.fidic.org Appendix - General Conditions of Dispute Adjudication Agreement is replaced with the following: APPENDIX A General Conditions of Dispute Board Agreement 1. Definitions Each “Dispute Agreement” is a tripartite agreement by and between: (a) the “Employer”; (b) the “Contractor”; and (c) 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
IX – (PC) The following particular conditions shall 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
Time for access to the Site: 2.1 No later than the Commencement Date, except for the following parts (if applicable, with detailed description of the parts concerned:________ Days after Commencement Date Employer approval not required for variations less than: 3.1 …….. % of Accepted Contract Amount Performance Security: 4.2 The Performance Security will be in the form of a ____ [insert either one of “demand guarantee” or “performance bond”] in the amount(s) of [insert related figure(s)] percent of the Accepted Contract Amount for the Design Build and in the same currency (ies) of the Accepted Contract Amount. Reduction in Performance Security at the end of the Retention Period: Further reduction in Performance Security following five consecutive of Operation Service during which the Contractor has achieved full compliance with the standards specified in the Schedule of Performance Standards 4.2 Environmental, Social, Health and Safety (ESHS) Performance Security: ESHS Performance Security Required: Amount and type of the ESHS Performance Security: 4.2 Yes / No The ESHS Performance Security will be in the form of a “demand guarantee” in the amount(s) of [insert % figure(s) normally 1% to 3%] of the Accepted Contract Amount and in the same currency(ies) of the Accepted Contract Amount. [The sum of the total “demand guarantees” (Performance Security and ESHS Performance
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 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
any contract year during the Operation Service Period: Rights of the Employer if the failure continues for more than 84 days: 10.7 [if to be different from that as set out in 10.7] Percentage rate to be applied to Provisional Sums: 13.5 ___% Contract Price and Rates and Prices to be adjusted for changes in cost as further detailed in the Schedule of Cost Indexation: a) Design-Build b) Operation Service (excluding Asset Replacement) c) Asset Replacement 13.8 a) Yes /No b) Yes /No c) Yes /No Price adjustment permitted in Accepted Contract Amount for Operation Service to account for long term variations in Influent quality relative the Influent Baseline. 13.9 Yes /No [If price adjustment is permitted then the Employer must include an Influent Baseline in the Employer’s Requirements] Amount of Advance Payment (percent of Accepted Contract Amount for the Design-Build): 14.2 Currencies of payment if different to the currencies quoted in the Contract 14.2 Percentage deductions for the repayment of the Advance Payment: 14.2 Requirements for submission of Statements if different from the GCC and PCC: 14.3 Percentage of Retention: 14.3 ____% Clause
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 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] Other 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 added 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 After “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 Added “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
prohibited practice subject to contract termination (as well as to a determination of ineligibility pursuant to the Bank’s prevailing sanctions procedures).” Sub-Clause 2.4 Employer’s Financial Arrangements The Sub-Clause is replaced with the following: “2.4 Employer’s Financial Arrangements The Employer submit, before the Commencement Date and thereafter within 28 days after receiving any request from the Contractor, reasonable evidence that financial arrangements have been made and are being maintained which will enable the Employer to pay the Contract Price punctually (as estimated at that time) in accordance with Clause 14 [Contract Price and Payment]. Before the Employer makes any material change to his financial arrangements, the Employer shall give notice to the Contractor with detailed particulars. In addition, if the Bank has notified to the Borrower that the Bank has suspended disbursements under its loan, which finances in whole or in part the execution of the Works, the Employer shall give Notice of such suspension to the Contractor with detailed particulars, including the date of such notification, with a copy to the Employer’s Representative, within 7 days of the Borrower having received the suspension notification from the Bank. If alternative funds will be available in appropriate currencies to the Employer to continue making payments to the Contractor beyond a date 60 days after the date of Bank notification of the suspension, the Employer shall provide reasonable evidence in his Notice of the extent to which such funds will be available.” Sub-Clause 3.1 Employer’s Representative’s Duties and Authority “3.1 Employer’s Representative’s Duties and Authority” the following shall be added to the end of the third paragraph: “The Employer promptly inform the Contractor of any change to the authority attributed to the Employer’s Representative.” Paragraph 3.1(c) is followed by: “and (d) any act by the Employer’s Representative in response to a Contractor’s request except as otherwise expressly specified be notified in writing to the Contractor within 28 days of receipt.” The following provisions apply thereafter:
Parties before the date of the Letter of Acceptance. This agreement of terms shall take precedence over the provisions of this Clause.” Further the following is added as the final paragraph: “The Contractor shall be entitled to place all insurance relating to the Contract (including, but not limited to the insurance referred to Clause 19) with insurers from any eligible source country.” Sub-Clause 19.2 Insurances to be provided by the Contractor during the Design Period At the beginning of the Sub-Clause, add “unless otherwise stated in the Contract Data,” The following is at the end of the Sub-Clause: “For insurances required under this Sub-Clause to be in the joint names of the Parties, the Parties shall be jointly entitled to receive payments from the insurers, payments being held or allocated to the Party actually bearing the costs of rectifying the loss or damage,” Sub-Clause 19.3 Insurances to be provided by the Contractor during the Operation Service Period At the beginning of the Sub-Clause, add “unless otherwise stated in the Contract Data,” The following is added at the end of the Sub-Clause: “(f) Liability for breach of professional duty The Contractor shall insure the legal liability of the Contractor arising out of the negligent fault, defect, error or omission of the Contractor or any person for whom the Contractor is responsible in the carrying out their professional duties in an amount not less than that stated in the Contract Data. Such insurance shall contain an extension indemnifying the Contractor for his liability arising out of negligent fault, defect, error or omission in the carrying out his professional duties which result in the Works not being fit for the purpose specified in the Contract and resulting in any loss and/or damage to the Employer. The Contractor shall maintain this insurance for the period specified in the Contract Data. For those insurances required under this Sub-Clause to be in the joint names of the Parties, the Parties shall be jointly entitled to receive payments from the insurers, payments being held or allocated to the Party actually bearing the costs of rectifying the loss or damage.”