STANDARD PROCUREMENT

DOCUMENT

Request for Bids

Works
(Without Prequalification)

For Projects with Project Concept Notes (PCN)

Decision Notes
dated after October 1, 2018

December 2019
This document is subject to copyright.

This document may be used and reproduced for non-commercial purposes only. Any commercial
use, including without limitation reselling, charging to access, redistribute, or for derivative
works such as unofficial translations based on this document is not allowed.
 ii

Revisions
December 2019
Rated Criteria has been added an option for Bid evaluation.
SEA (Sexual Exploitation and Assault) has been replaced with SEA (Sexual Exploitation and
Abuse) and SH (Sexual Harassment) as appropriate.
Editorial enhancements have also been made.

July 2019
This revision dated July 2019 applies the “General Conditions” which form part of the
Conditions of Contract for Construction for Building and Engineering Works Designed by the
Employer (Second Edition 2017) published by the Fédération Internationale des Ingénieurs –
Conseils (FIDIC), and the “Particular Conditions” to be used by Borrowers when applying these
“General Conditions.”
This revision also incorporates modifications to reflect the Bank’s Environmental and Social
Framework (2017), as appropriate.
GBV/SEA has been replaced with SEA (Sexual Exploitation and Assault).

October 2017
This revision dated October 2017 incorporates new provisions on beneficial ownership and
Direct Payment. The environmental, social, health and safety (ESHS) aspects have also been
enhanced to include additional provisions on Sexual Exploitation and Abuse (SEA) and Gender-
based Violence (GBV).

January 2017
This revision dated January 2017 incorporates changes to enhance environmental, social, health
and safety performance. In addition, a template for notification of intention to award a contract
has been added and a few editorial enhancements made.

July 2016
This revision dated July 2016 incorporates a number of changes reflecting the Procurement
Regulations for IPF Borrowers, July 2016.

April 2015
This revision dated April 2015 expands paragraph (j) of Section IV Letter of Bid on eligibility of
Bidders.
 iii

March 2012
This revision dated March 2012 incorporates a number of changes reflecting the experience of
the Bank in using previous versions of this document (last updated version was dated August
2010), corrects inconsistencies within document clauses, and incorporates the changes as per the
Guidelines for Procurement of Goods, Works and Non-Consulting Services, issued in January
2011. This revision also incorporates in Section VIII, General Conditions (GC), the most recent
changes agreed between the Multilateral Development Banks (MDBs) and the International
Federation of Consulting Engineers (FIDIC).

August 2010
This revision dated August 2010 is to include in the Section VII, General Conditions the clauses
6.23 and 6.24 regarding to Workers’ Organizations and Non-Discrimination and Equal
Opportunity.

May 2010
This revision dated May 2010 is, inter alia, to modify the Eligibility and Fraud and Corruption
clauses to align their text with that of the May 2010 corrigendum to the Procurement Guidelines,
reflecting the changes related to Fraud and Corruption as per the Agreement for Mutual
Enforcement of Debarment Decisions between the Multilateral Development Banks, to which the
World Bank Group is a signatory. This document is applicable to Procurement of Works funded
under IBRD or IDA financed projects whose Legal Agreement makes reference to (a) the
Guidelines for Procurement under IBRD Loans and IDA Credits, dated May 2004, revised
October 2006, or (b) the Guidelines for Procurement under IBRD Loans and IDA Credits, dated
May 2004, revised October 2006 and May 2010.

April 2007
This revision dated April, 2007 is to modify ITB 3.1, ITB 4.4, ITB 19.8 of Section I, Instructions
to Bidders, and GC Sub-Clauses 1.15 and 15.6, to align their text with that of the corrigenda of
the Procurement Guidelines, issued in October, 2006, to reflect the changes related to Fraud and
Corruption as per the World Bank’s Sanctions Reform package approved by the Board of
Directors in August, 2006.

March 2007
This revision dated March, 2007 is to correct various minor mistakes throughout various sections
of the document, which were identified after the May 2006 revision was released. The mistakes
relate to some of the changes agreed in March 2006 by the Multilateral Development Banks
(MDBs) and the International Federation of Consulting Engineers (FIDIC).

May 2006
This revision dated May, 2006 incorporates in Section VII, General Conditions, the most recent
changes agreed between the Multilateral Development Banks (MDBs) and the International
 iv

Federation of Consulting Engineers (FIDIC), to the conditions of contract that these two groups
previously harmonized. The small changes introduced in this revision are aimed to further
improve the balance of contract risks between the Employer and the Contractor along contract
performance. Another important revision to the harmonized conditions of contract is the
inclusion of several versions of GC Clause 15.6, Corrupt or Fraudulent Practices, each one
specific to each participating MBD.

May 2005
This revision dated May, 2005 is to conform, to the extent possible without contravening the
May 2004 Procurement Guidelines, to the model provided by the Master Procurement Document
for Procurement of Works & User’s Guide harmonized among various Multilateral Development
Banks (MDBs) and approved by the Heads of Procurement of the MDBs and International
Financial Institutions (IFIs) in October 2004.
In this revision, two alternative Sections III, Evaluation and Qualification Criteria, are included.
One is the default alternative and assumes that prequalification has taken place before Bidding.
The other is for those exceptional cases when, subject to prior approval of the IBRD, post
qualification takes place.
The major change introduced in this revision is the incorporation, under Section VII, General
Conditions, of a harmonized version of contract conditions which text has been agreed among
the International Federation of Consulting Engineers (FIDIC) and various MDBs for its inclusion
in the Master Procurement Documents for Procurement of Works & User’s Guide. The
harmonization of the General Conditions has made unnecessary the great number of deviations
to the General Conditions of Contract (FIDIC’s “Conditions of Contract for Construction”),
introduced in the former SBD Procurement of Works through Particular Conditions of Contract
to account for all non-applicable general conditions. Given that the harmonized General
Conditions is based extensively on FIDIC’s “Conditions of Contract for Construction”, first
edition, published by FIDIC in 1999, and being FIDIC the sole copyright owner of such
publication, the IBRD has subscribed a license agreement with FIDIC that authorize the use of
the harmonized version of such conditions of contract by the Borrowers of the World Bank when
preparing Bidding document in accordance with these SBD Procurement of Works.
Within Section VII, General Conditions, the most significant change is the introduction in Clause
20, Claims, Disputes and Arbitration, of a Dispute Board which may be comprised of one or
three members, as may be determined by the Employer and specified in the Contract Data (Part
A of Section VIII, Particular Conditions) without regard to the estimated cost of the contract.
Section VIII, Particular Conditions, consists now of two parts: Part A, comprising the Contract
Data and Part B, Specific Provisions, containing clauses specific to each contract.
 v

Foreword
This Standard Procurement Document (SPD) for Works has been prepared by the World Bank.

This SPD has been updated to reflect the World Bank’s Procurement Regulations for IPF
Borrowers, July 2016 as amended from time to time. This SPD is applicable to the Procurement
of Works funded by IBRD or IDA financed projects whose Legal Agreement makes reference to
the Procurement Regulations for IPF Borrowers.
 vi

Preface
This Standard Procurement Document (SPD) for Works has been prepared for the use in
contracts financed by the International Bank for Reconstruction and Development (IBRD) and
the International Development Association (IDA).1

This SPD is to be used for the procurement of large works of admeasurement (unit price or rate)
type through international competition procurement using Request for Bids (RFB) method,
without prequalification, in projects that are financed, in whole or in part, by the World Bank
through Investment Project Financing. Separate RFBs for Works after prequalification has taken
place, and for Small Works using one or two-envelope process are available.

This SPD is to be used when prequalification has not taken place before Bidding.

To obtain further information on procurement under World Bank-assisted projects or for

question regarding the use of this SPD, contact:

Chief Procurement Officer

Standards, Procurement and Financial Management Department
The World Bank
1818 H Street, NW
Washington, D.C. 20433 U.S.A.
http://www.worldbank.org

1
IBRD and IDA are generally called the World Bank. Since the procurement requirements for IBRD and IDA
are identical, “World Bank” in this SPD refers to both IBRD and IDA, and “loan” refers to either an IBRD loan
or an IDA credit or a grant.
 vii

Standard Procurement Document

Summary

Specific Procurement Notice - Request for Bids (RFB)

The template attached is the Specific Notice of Procurement for Request for Bids for a Bidding
process without prequalification. This is the template to be used by the Employer.

Bidding Document: Request for Bids – Works (Without

Prequalification)
PART 1 – BIDDING PROCEDURES
Section I - Instructions to Bidders (ITB)
This Section provides relevant information to help Bidders prepare their Bids. It is
based on a one-envelope Bidding process when prequalification has not taken
place. Information is also provided on the submission, opening, and evaluation of
Bids and on the award of Contracts. Section I contains provisions that are to be
used without modification.
Section II - Bid Data Sheet (BDS)
This Section includes provisions that are specific to each procurement and that
supplement Section I, Instructions to Bidders.
Section III - Evaluation and Qualification Criteria
This Section specifies the criteria to determine the Most Advantageous Bid.
Section IV - Bidding Forms
This Section includes the forms for the Bid submission, Bill of Quantities,
Schedules of Technical Proposal, including technical and financial qualifications,
personnel, financial resources, and equipment, Bid Security and others to be
completed and submitted by the Bidder as part of its Bid.
Section V - Eligible Countries
This Section contains information regarding eligible countries.
 viii

Section VI - Fraud and Corruption

This section includes the Fraud and Corruption provisions which apply to this
Bidding process.

PART 2 – WORKS’ REQUIREMENTS

Section VII - Works’ Requirements
This Section specifies the Scope of Works, Specification, the Drawings, and
supplementary information that constitute the Works’ Requirements for the
Works to be procured. The Works’ Requirements also include the environmental
and social (ES) requirements (including requirements relating to Sexual
Exploitation and Abuse (SEA) and Sexual Harassment (SH) which are to be
satisfied by the Contractor in executing the Works.

PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section VIII - General Conditions (GC)
This Section refers to the “General Conditions” which form part of the Conditions
of Contract for Construction (Second Edition 2017) published by the Federation
Internationale Des Ingénieurs Conseils (FIDIC).
Section IX - Particular Conditions (PC)
This Section includes particular conditions of the contract consisting of: Part A-
Contract Data; Part B -Special Provisions, PART C – Fraud and Corruption; and
PART D – Environmental and Social (ES) Reporting Metrics for Progress
Reports. The contents of this Section supplement the General Conditions and shall
be completed by the Employer.
Section X - Contract Forms
This Section contains the Letter of Acceptance, Contract Agreement and other
relevant forms.
 ix

Specific Procurement Notice

Template

Request for Bids

Works
(Without Prequalification)

Employer: [insert the name of the Employer’s agency]

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]
Issued on: [insert date when RFB is issued to the market]

1. The [insert name of Borrower/Beneficiary/Recipient] [has received/has applied for/intends

to apply for] financing from the World Bank toward the cost of the [insert name of project
or grant] and intends to apply part of the proceeds toward payments under the contract 2 for
[insert title of contract]3. [Insert if applicable: “For this contract, the Borrower shall
process the payments using the Direct Payment disbursement method, as defined in the
World Bank’s Disbursement Guidelines for Investment Project Financing.”]

2. The [insert name of implementing agency] now invites sealed Bids from eligible Bidders for
[insert brief description of Works required, construction period location, margin of
preference if applicable, etc.]4.

3. Bidding will be conducted through international competitive procurement using Request

for Bids (RFB) as specified in the World Bank’s “Procurement Regulations for IPF
Borrowers- Procurement in Investment Projects Financing” [insert date of applicable
Procurement Regulations edition as per legal agreement] (“Procurement Regulations”), and
is open to all eligible Bidders as defined in the Procurement Regulations.

2
Substitute “contracts” where Bids are called concurrently for multiple contracts. Add a new para. 3 and renumber paras 3 - 8 as follows:
“Bidders may Bid for one or several contracts, as further defined in the bidding document. Bidders wishing to offer discounts in case they are
awarded more than one contract will be allowed to do so, provided those discounts are included in the Letter of Bid.”
3
Insert if applicable: “This contract will be jointly financed by [insert name of cofinancing agency]. Bidding process will be governed by the
World Bank’s Procurement Regulations.”
4
A brief description of the type(s) of works should be provided, including, location, quantities, construction period, application of margin of
preference and other information necessary to enable potential Bidders to decide whether or not to respond to the Request for Bids. Bidding
document may require Bidders to have specific experience or capabilities; such qualification requirements should also be included in this
paragraph.
 x

4. Interested eligible Bidders may obtain further information from [insert name of
implementing agency, insert name and e-mail of officer in charge] and inspect the Bidding
document during office hours [insert office hours if applicable i.e. 0900 to 1700 hours] at
the address given below [state address at the end of this RFB] 5.

5. The Bidding document in [insert name of language] may be purchased by interested eligible
Bidders upon the submission of a written application to the address below and upon
payment of a nonrefundable fee6 of [insert amount in Borrower’s currency or in a
convertible currency]. The method of payment will be [insert method of payment].7 The
document will be sent by [insert delivery procedure].8

6. Bids must be delivered to the address below [state address at the end of this RFB] 9 on or
before [insert time and date]. Electronic Bidding will [will not] be permitted. Late Bids
will be rejected. Bids will be publicly opened in the presence of the Bidders’ designated
representatives and anyone who chooses to attend at the address below [state address at the
end of this RFB] on [insert time and date].

7. All Bids must be accompanied by a [insert “Bid Security” or “Bid-Securing Declaration,”

as appropriate] of [insert amount and currency in case of a Bid Security.]

8. [Insert this paragraph if applicable in accordance with the Procurement Plan: “Attention is
drawn to the Procurement Regulations requiring the Borrower to disclose information on the
successful bidder’s beneficial ownership, as part of the Contract Award Notice, using the
Beneficial Ownership Disclosure Form as included in the bidding document.”]

9. The address (es) referred to above is (are): [insert detailed address (es)]

[Insert name of office]

[Insert name of officer and title]
[Insert postal address and/or street address, postal code, city and country]
[Insert telephone number, country and city codes]
[Insert facsimile number, country and city codes]
[Insert email address]
[Insert web site address]

5
The office for inquiry and issuance of the bidding document and that for Bid submission may or may not be the same.
6
The fee chargeable should only be nominal to defray reproduction and mailing costs. An amount between US$50 and US$300 or equivalent is
deemed appropriate.
7
For example, cashier’s check, direct deposit to specified account number, etc.
8
The delivery procedure is usually airmail for overseas delivery and surface mail or courier for local delivery. If urgency or security dictates,
courier services may be required for overseas delivery. With the agreement of the World Bank, documents may be distributed by e-mail,
downloading from authorized web site(s) or electronic procurement system.
9
Substitute the address for Bid submission if it is different from address for inquiry and issuance of the bidding document.
 Request for Bids
Works
(Without Prequalification)

Procurement of:
[insert identification of the Works]
____________________________
Employer: [insert the name of the Employer’s agency]
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]
Issued on: [insert date when RFB is issued to the market]
 2

Standard Procurement Document

Table of Contents

PART 1 – Bidding Procedures......................................................................3

Section I - Instructions to Bidders.............................................................................................6
Section II - Bid Data Sheet (BDS)...........................................................................................33
Section III - Evaluation and Qualification Criteria..................................................................43
Section IV - Bidding Forms.....................................................................................................61
Section V - Eligible Countries...............................................................................................126
Section VI - Fraud and Corruption........................................................................................127
PART 2 –Works’ Requirements................................................................129
Section VII - Works’ Requirements......................................................................................131
PART 3 – Conditions of Contract and Contract Forms.............................143
Section VIII - General Conditions (GC)................................................................................144
Section IX - Particular Conditions.........................................................................................145
Section X - Contract Forms...................................................................................................197
PART 1 – Bidding Procedures
 4

Section I - Instructions to Bidders

Contents
A. General..............................................................................................6
1. Scope of Bid.......................................................................................................6
2. Source of Funds.................................................................................................7
3. Fraud and Corruption.........................................................................................7
4. Eligible Bidders.................................................................................................7
5. Eligible Materials, Equipment, and Services...................................................10
B. Contents of Bidding Document........................................................10
6. Sections of Bidding Document........................................................................10
7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting....................11
8. Amendment of Bidding Document..................................................................12
C. Preparation of Bids..........................................................................13
9. Cost of Bidding................................................................................................13
10. Language of Bid...............................................................................................13
11. Documents Comprising the Bid.......................................................................13
12. Letter of Bid and Schedules.............................................................................14
13. Alternative Bids...............................................................................................14
14. Bid Prices and Discounts.................................................................................15
15. Currencies of Bid and Payment.......................................................................16
16. Documents Comprising the Technical Proposal..............................................16
17. Documents Establishing the Eligibility and Qualifications of the Bidder.......16
18. Period of Validity of Bids................................................................................17
19. Bid Security.....................................................................................................17
20. Format and Signing of Bid...............................................................................19
D. Submission and Opening of Bids.....................................................20
21. Sealing and Marking of Bids...........................................................................20
22. Deadline for Submission of Bids.....................................................................21
23. Late Bids..........................................................................................................21
24. Withdrawal, Substitution, and Modification of Bids.......................................21
25. Bid Opening.....................................................................................................21
E. Evaluation and Comparison of Bids.................................................23
26. Confidentiality.................................................................................................23
27. Clarification of Bids.........................................................................................23
28. Deviations, Reservations, and Omissions........................................................24
29. Determination of Responsiveness....................................................................24
30. Nonmaterial Nonconformities.........................................................................24
31. Correction of Arithmetical Errors....................................................................25
32. Conversion to Single Currency........................................................................25
33. Margin of Preference.......................................................................................26
34. Subcontractors..................................................................................................26
35. Evaluation of Bids............................................................................................26
36. Comparison of Bids.........................................................................................27
37. Abnormally Low Bids......................................................................................27
38. Unbalanced or Front Loaded Bids...................................................................28
39. Qualifications of the Bidder.............................................................................28
40. Most Advantageous Bid...................................................................................29
41. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids............29
42. Standstill Period...............................................................................................29
43. Notification of Intention to Award..................................................................29
F. Award of Contract............................................................................30
44. Award Criteria.................................................................................................30
45. Notification of Award......................................................................................30
46. Debriefing by the Employer.............................................................................31
47. Signing of Contract..........................................................................................31
48. Performance Security.......................................................................................31
49. Procurement Related Complaint......................................................................32
 6

Section I - Instructions to Bidders

A. General
1. Scope of Bid 1.1 In connection with the Specific Procurement Notice – Request
for Bids (RFB), specified in the Bid Data Sheet (BDS), the
Employer, as specified in the BDS, issues this Bidding
document for the provision of Works as specified in Section
VII, Works’ Requirements. The name, identification, and
number of lots (contracts) of this RFB are specified in the
BDS.

1.2 Throughout this bidding document:

the term “in writing” means communicated in written form
(e.g. by mail, e-mail, fax, including, if specified in the
BDS, distributed or received through electronic-
procurement system used by the Employer) with proof of
receipt;
if the context so requires, “singular” means “plural’ and vice
versa;
“Day” means calendar day, unless otherwise specified as a
“Business Day.” A “Business Day” is any day that is a
working day of the Borrower. It excludes the Borrower’s
official public holidays;
“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 or
 Employer’s Personnel;
“Contractor’s Personnel” is as defined in Sub-Clause 1.1.17
of the General Conditions; and
“Employer’s Personnel” is as defined in Sub-Clause 1.1.33
of the General 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.

2. Source of Funds 2.1 The Borrower or Recipient (hereinafter called “Borrower”)

specified in the BDS has received or has applied for financing
(hereinafter called “funds”) from the International Bank for
Reconstruction and Development or the International
Development Association (hereinafter called “the Bank”) in
an amount specified in the BDS, toward the project named in
the BDS. The Borrower intends to apply a portion of the
funds to eligible payments under the contract(s) for which this
Bidding document is issued.

2.2 Payment by the Bank will be made only at the request of the
Borrower and upon approval by the Bank, and will be subject,
in all respects, to the terms and conditions of the Loan (or
other financing) Agreement. The Loan (or other financing)
Agreement prohibits a withdrawal from the loan account for
the purpose of any payment to persons or entities, or for any
import of goods, equipment, plant, or materials, if such
payment or import is prohibited by a decision of the United
Nations Security Council taken under Chapter VII of the
Charter of the United Nations. No party other than the
Borrower shall derive any rights from the Loan (or other
financing) Agreement or have any claim to the proceeds of the
Loan (or other financing).

3. Fraud and 3.1 The Bank requires compliance with the Bank’s Anti-
Corruption Corruption Guidelines and its prevailing sanctions policies
and procedures as set forth in the WBG’s Sanctions
Framework, as set forth in Section VI.
3.2 In further pursuance of this policy, Bidders shall permit and
shall cause their agents (where declared or not),
subcontractors, subconsultants, service providers, suppliers,
and personnel, to permit the Bank to inspect all accounts,
records and other documents relating to any initial selection
process, prequalification process, bid submission, proposal
submission, and contract performance (in the case of award),
and to have them audited by auditors appointed by the Bank.
 8

4. Eligible Bidders 4.1 A Bidder may be a firm that is a private entity, a state-owned
enterprise or institution subject to ITB 4.6 or any combination
of such entities in the form of a joint venture (JV) under an
existing agreement or with the intent to enter into such an
agreement supported by a letter of intent. In the case of a joint
venture, all members shall be jointly and severally liable for
the execution of the entire Contract in accordance with the
Contract terms. The JV shall nominate a Representative who
shall have the authority to conduct all business for and on
behalf of any and all the members of the JV during the
Bidding process and, in the event the JV is awarded the
Contract, during contract execution. Unless specified in the
BDS, there is no limit on the number of members in a JV.

4.2 A Bidder shall not have a conflict of interest. Any Bidder

found to have a conflict of interest shall be disqualified. A
Bidder may be considered to have a conflict of interest for the
purpose of this Bidding process, if the Bidder:
(a) directly or indirectly controls, is controlled by or is
under common control with another Bidder; or
(b) receives or has received any direct or indirect subsidy
from another Bidder; or
(c) has the same legal representative as another Bidder; or
(d) has a relationship with another Bidder, directly or
through common third parties, that puts it in a position
to influence the Bid of another Bidder, or influence the
decisions of the Employer regarding this Bidding
process; or
(e) or any of its affiliates participated as a consultant in the
preparation of the design or technical specifications of
the works that are the subject of the Bid; or
(f) or any of its affiliates has been hired (or is proposed to
be hired) by the Employer or Borrower as Engineer for
the Contract implementation; or
(g) would be providing goods, works, or non-consulting
services resulting from or directly related to consulting
services for the preparation or implementation of the
 project specified in the BDS ITB 2.1 that it provided or
were provided by any affiliate that directly or indirectly
controls, is controlled by, or is under common control
with that firm; or
(h) has 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
loan) who: (i) are directly or indirectly involved in the
preparation of the Bidding document or specifications of
the Contract, and/or the Bid evaluation process of such
Contract; or (ii) would be involved in the
implementation or supervision of such Contract unless
the conflict stemming from such relationship has been
resolved in a manner acceptable to the Bank throughout
the Bidding process and execution of the Contract.

4.3 A firm that is a Bidder (either individually or as a JV member)

shall not participate in more than one Bid, except for
permitted alternative Bids. This includes participation as a
subcontractor in other Bids. Such participation shall result in
the disqualification of all Bids in which the firm is involved.
A firm that is not a Bidder or a JV member may participate as
a subcontractor in more than one Bid.
4.4 A Bidder may have the nationality of any country, subject to
the restrictions pursuant to ITB 4.8. A Bidder shall be deemed
to have the nationality of a country if the Bidder is constituted,
incorporated or registered in and operates in conformity with
the provisions of the laws of that country, as evidenced by its
articles of incorporation (or equivalent documents of
constitution or association) and its registration documents, as
the case may be. This criterion also shall apply to the
determination of the nationality of proposed subcontractors or
subconsultants for any part of the Contract including related
Services.
 10

4.5 A Bidder that has been sanctioned by the Bank, pursuant to

the Bank’s Anti-Corruption Guidelines, and in accordance
with its prevailing sanctions policies and procedures as set
forth in the World Bank Group’s Sanctions Framework, as
described in Section VI paragraph 2.2 d. shall be ineligible to
be prequalified for, initially selected for, bid for, propose for,
or be awarded a Bank-financed contract or benefit from a
Bank-financed contract, financially or otherwise, during such
period of time as the Bank shall have determined. The list of
debarred firms and individuals is available at the electronic
address specified in the BDS.

4.6 Bidders that are state-owned enterprises or institutions in the

Employer’s Country may be eligible to compete and be
awarded a Contract(s) only if they can establish, in a manner
acceptable to the Bank, that they (i) are legally and financially
autonomous (ii) operate under commercial law, and (iii) are
4.7 A Bidder shall not be under suspension from bidding by the
Employer as the result of the operation of a Bid–Securing or
Proposal-Securing Declaration.
4.8 Firms and individuals may be ineligible if so indicated in
Section V and (a) as a matter of law or official regulations, the
Borrower’s country prohibits commercial relations with that
country, provided that the Bank is satisfied that such exclusion
does not preclude effective competition for the supply of
goods or the contracting of works or services required; or (b)
by an act of compliance with a decision of the United Nations
Security Council taken under Chapter VII of the Charter of the
United Nations, the Borrower’s country prohibits any import
of goods or contracting of works or services from that
country, or any payments to any country, person, or entity in
that country. When the Works are implemented across
jurisdictional boundaries (and more than one country is a
Borrower, and is involved in the procurement), then exclusion
of a firm or individual on the basis of ITB 4.8 (a) above by
any country may be applied to that procurement across other
countries involved, if the Bank and the Borrowers involved in
the procurement agree.
4.9 A Bidder shall provide such documentary evidence of
 eligibility satisfactory to the Employer, as the Employer shall
reasonably request.
4.10 A firm that is under a sanction of debarment by the Borrower
from being awarded a contract is eligible to participate in this
procurement, unless the Bank, at the Borrower’s request, is
satisfied that the debarment; (a) relates to fraud or corruption,
and (b) followed a judicial or administrative proceeding that
afforded the firm adequate due process.

5. Eligible Materials, 5.1 The materials, equipment and services to be supplied under
Equipment, and the Contract and financed by the Bank may have their origin
Services in any country subject to the restrictions specified in Section
V, Eligible Countries, and all expenditures under the Contract
will not contravene such restrictions. At the Employer’s
request, Bidders may be required to provide evidence of the
origin of materials, equipment and services.

B. Contents of Bidding Document

6. Sections of Bidding 6.1 The Bidding document consists of Parts 1, 2, and 3, which
Document includes all the sections specified below, and which should be
read in conjunction with any Addenda issued in accordance
with ITB 8.
PART 1 Bidding Procedures
 Section I - Instructions to Bidders (ITB)
 Section II - Bid Data Sheet (BDS)
 Section III - Evaluation and Qualification Criteria
 Section IV - Bidding Forms
 Section V - Eligible Countries
 Section VI - Fraud and Corruption
PART 2 Works Requirements
 Section VII - Works’ Requirements
PART 3 Conditions of Contract and Contract Forms
 Section VIII - General Conditions (GC)
 Section IX - Particular Conditions (PC)
 Section X - Contract Forms

6.2 The Specific Procurement Notice - Request for Bids (RFB)

issued by the Employer is not part of the Bidding document.
 12

6.3 Unless obtained directly from the Employer, the Employer is

not responsible for the completeness of the Bidding document,
responses to requests for clarification, the minutes of the pre-
Bid meeting (if any), or Addenda to the Bidding document in
accordance with ITB 8. In case of any contradiction,
documents obtained directly from the Employer shall prevail.

6.4 The Bidder is expected to examine all instructions, forms,

terms, and specifications in the Bidding document and to
furnish with its Bid all information and documentation as is
required by the Bidding document.

7. Clarification of 7.1 A Bidder requiring any clarification of the Bidding document

Bidding Document, shall contact the Employer in writing at the Employer’s
Site Visit, Pre-Bid address specified in the BDS or raise its enquiries during the
Meeting pre-Bid meeting if provided for in accordance with ITB 7.4.
The Employer will respond in writing to any request for
clarification, provided that such request is received no later
than fourteen (14) days prior to the deadline for submission of
Bids. The Employer shall forward copies of its response to all
Bidders who have acquired the Bidding document in
accordance with ITB 6.3, including a description of the
inquiry but without identifying its source. If so specified in
the BDS, the Employer shall also promptly publish its
response at the web page identified in the BDS. Should the
clarification result in changes to the essential elements of the
Bidding document, the Employer shall amend the Bidding
document following the procedure under ITB 8 and ITB 22.2.

7.2 The Bidder is advised to visit and examine the Site of Works
and its surroundings and obtain for itself on its own
responsibility all information that may be necessary for
preparing the Bid and entering into a contract for construction
of the Works. The costs of visiting the Site shall be at the
Bidder’s own expense.

7.3 The Bidder and any of its personnel or agents will be granted
permission by the Employer to enter upon its premises and
lands for the purpose of such visit, but only upon the express
condition that the Bidder, its personnel, and agents will
release and indemnify the Employer and its personnel and
agents from and against all liability in respect thereof, and will
be responsible for death or personal injury, loss of or damage
to property, and any other loss, damage, costs, and expenses
incurred as a result of the inspection.
 7.4 If so specified in the BDS, the Bidder’s designated
representative is invited to attend a pre-Bid meeting and/or a
Site of Works visit. The purpose of the meeting will be to
clarify issues and to answer questions on any matter that may
be raised at that stage.

7.5 The Bidder is requested to submit any questions in writing, to

reach the Employer not later than one week before the
meeting.

7.6 Minutes of the pre-Bid meeting, if applicable, including the

text of the questions asked by Bidders, without identifying the
source, and the responses given, together with any responses
prepared after the meeting, will be transmitted promptly to all
Bidders who have acquired the Bidding document in
accordance with ITB 6.3. If so specified in the BDS, the
Employer shall also promptly publish the Minutes of the pre-
Bid meeting at the web page identified in the BDS. Any
modification to the Bidding document that may become
necessary as a result of the pre-Bid meeting shall be made by
the Employer exclusively through the issue of an Addendum
pursuant to ITB 8 and not through the minutes of the pre-Bid
meeting. Nonattendance at the pre-Bid meeting will not be a
cause for disqualification of a Bidder.

8. Amendment of 8.1 At any time prior to the deadline for submission of Bids, the
Bidding Document Employer may amend the Bidding document by issuing
addenda.

8.2 Any addendum issued shall be part of the Bidding document

and shall be communicated in writing to all who have
obtained the Bidding document from the Employer in
accordance with ITB 6.3. The Employer shall also promptly
publish the addendum on the Employer’s web page in
accordance with ITB 7.1.

8.3 To give Bidders reasonable time in which to take an

addendum into account in preparing their Bids, the Employer
should extend the deadline for the submission of Bids,
pursuant to ITB 22.2.

C. Preparation of Bids
9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation
and submission of its Bid, and the Employer shall not be
responsible or liable for those costs, regardless of the conduct
 14

or outcome of the Bidding process.

10. Language of Bid 10.1 The Bid, as well as all correspondence and documents relating
to the Bid exchanged by the Bidder and the Employer, shall be
written in the language specified in the BDS. Supporting
documents and printed literature that are part of the Bid may
be in another language provided they are accompanied by an
accurate translation of the relevant passages in the language
specified in the BDS, in which case, for purposes of
interpretation of the Bid, such translation shall govern.

11. Documents 11.1 The Bid shall comprise the following:

Comprising the Bid (a) Letter of Bid prepared in accordance with ITB 12;
(b) Schedules including priced Bill of Quantities, completed
in accordance with ITB 12 and ITB 14;
(c) Bid Security or Bid-Securing Declaration, in accordance
with ITB 19.1;
(d) Alternative Bid, if permissible, in accordance with ITB
13;
(e) Authorization: written confirmation authorizing the
signatory of the Bid to commit the Bidder, in accordance
with ITB 20.3;
(f) Qualifications: documentary evidence in accordance
with ITB 17 establishing the Bidder’s qualifications to
perform the Contract if its Bid is accepted;
(g) Conformity: a technical proposal in accordance with
ITB 16;
(h) any other document required in the BDS.
11.2 In addition to the requirements under ITB 11.1, Bids
submitted by a JV shall include a copy of the Joint Venture
Agreement entered into by all members. Alternatively, a letter
of intent to execute a Joint Venture Agreement in the event of
a successful Bid shall be signed by all members and submitted
with the Bid, together with a copy of the proposed Agreement.
11.3 The Bidder shall furnish in the Letter of Bid information on
commissions and gratuities, if any, paid or to be paid to agents
or any other party relating to this Bid.
11.4 The Bidder shall furnish in the Letter of Bid the names of
three potential DAAB members and attach their curriculum
vitae. The list of potential DAAB members proposed by the
Employer (Contract Data 21.1) and by the Bidder (Letter of
 Bid) shall be subject to Bank’s No-objection.

12. Letter of Bid and 12.1 The Letter of Bid and Schedules, including the Bill of
Schedules Quantities, shall be prepared using the relevant forms
furnished in Section IV, Bidding Forms. The forms must be
completed without any alterations to the text, and no
substitutes shall be accepted except as provided under ITB
20.3. All blank spaces shall be filled in with the information
requested.

13. Alternative Bids 13.1 Unless otherwise specified in the BDS, alternative Bids shall
not be considered.

13.2 When alternative times for completion are explicitly invited, a

statement to that effect will be included in the BDS, and the
method of evaluating different alternative times for
completion will be described in Section III, Evaluation and
Qualification Criteria.

13.3 Except as provided under ITB 13.4 below, Bidders wishing to

offer technical alternatives to the requirements of the Bidding
document must first price the Employer’s design as described
in the Bidding document and shall further provide all
information necessary for a complete evaluation of the
alternative by the Employer, including drawings, design
calculations, technical specifications, breakdown of prices,
and proposed construction methodology and other relevant
details. Only the technical alternatives, if any, of the Bidder
with the Most Advantageous Bid conforming to the basic
technical requirements shall be considered by the Employer.

13.4 When specified in the BDS, Bidders are permitted to submit

alternative technical solutions for specified parts of the
Works, and such parts will be identified in the BDS, as will
the method for their evaluating, and described in Section VII,
Works’ Requirements.

14. Bid Prices and 14.1 The prices and discounts (including any price reduction)
Discounts quoted by the Bidder in the Letter of Bid and in the Bill of
Quantities shall conform to the requirements specified below.
14.2 The Bidder shall fill in rates and prices for all items of the
Works described in the Bill of Quantities. Items against which
no rate or price is entered by the Bidder shall be deemed
covered by the rates for other items in the Bill of Quantities
and will not be paid for separately by the Employer. An item
not listed in the priced Bill of Quantities shall be assumed to
 16

be not included in the Bid, and provided that the Bid is

determined substantially responsive notwithstanding this
omission, the average price of the item quoted by substantially
responsive Bidders will be added to the Bid price and the
equivalent total cost of the Bid so determined will be used for
price comparison.

14.3 The price to be quoted in the Letter of Bid, in accordance with

ITB 12.1, shall be the total price of the Bid, excluding any
discounts offered.

14.4 The Bidder shall quote any discounts and the methodology for
their application in the Letter of Bid, in accordance with ITB
12.1.

14.5 Unless otherwise specified in the BDS and the Conditions of

Contract, the rates and prices quoted by the Bidder are subject
to adjustment during the performance of the Contract in
accordance with the provisions of the Conditions of Contract.
In such a case, the Bidder shall furnish the indices and
weightings for the price adjustment formulae in the Table of
Adjustment Data and the Employer may require the Bidder to
justify its proposed indices and weightings.

14.6 If, so specified in ITB 1.1, Bids are being invited for
individual lots (contracts) or for any combination of lots
(packages). Bidders wishing to offer discounts for the award
of more than one Contract shall specify in their Bid the price
reductions applicable to each package, or alternatively, to
individual Contracts within the package. Discounts shall be
submitted in accordance with ITB 14.4, provided the Bids for
all lots (contracts) are opened at the same time. If, however,
rated criteria is used in accordance with ITB 35.2,
discounts on condition of award of more than one contract
will not be used for Bid evaluation purpose.
 14.7 All duties, taxes, and other levies payable by the Contractor
under the Contract, or for any other cause, as of the date 28
days prior to the deadline for submission of Bids, shall be
included in the rates and prices and the total Bid Price
submitted by the Bidder.

15. Currencies of Bid 15.1 The currency (ies) of the Bid and the currency (ies) of
and Payment payments shall be the same and shall be as specified in the
BDS.
15.2 Bidders may be required by the Employer to justify, to the
Employer’s satisfaction, their local and foreign currency
requirements, and to substantiate that the amounts included in
the unit rates and prices and shown in the Table of Adjustment
Data in the Appendix to Bid are reasonable, in which case a
detailed breakdown of the foreign currency requirements shall
be provided by Bidders.

16. Documents 16.1 The Bidder shall furnish a technical proposal including a
Comprising the statement of work methods, equipment, personnel, schedule
Technical Proposal and any other information as stipulated in Section IV, Bidding
Forms, in sufficient detail to demonstrate the adequacy of the
Bidder’s proposal to meet the work’s requirements and the
completion time.

17. Documents 17.1 To establish Bidder’s eligibility in accordance with ITB 4,

Establishing the Bidders shall complete the Letter of Bid, included in Section
Eligibility and IV, Bidding Forms.
Qualifications of the 17.2 In accordance with Section III, Evaluation and Qualification
Bidder Criteria, to establish its qualifications to perform the Contract
the Bidder shall provide the information requested in the
corresponding information sheets included in Section IV,
Bidding Forms.

17.3 If a margin of preference applies as specified in accordance

with ITB 33.1, domestic Bidders, individually or in joint
ventures, applying for eligibility for domestic preference shall
supply all information required to satisfy the criteria for
eligibility specified in accordance with ITB 33.1.
 18

18. Period of Validity 18.1 Bids shall remain valid until the date specified in the BDS or
of Bids any extended date if amended by the Employer in accordance
with ITB 8. A Bid that is not valid until the date specified in
the BDS, or any extended date if amended by the Employer in
accordance with ITB 8, shall be rejected by the Employer as
nonresponsive.

18.2 In exceptional circumstances, prior to the date of expiration of

the Bid validity, the Employer may request Bidders to extend
the period of validity of their Bids. The request and the
responses shall be made in writing. If a Bid Security is
requested in accordance with ITB 19, it shall also be extended
for twenty-eight (28) days beyond the extended date for bid
validity. A Bidder may refuse the request without forfeiting its
Bid security. A Bidder granting the request shall not be
required or permitted to modify its Bid, except as provided in
ITB 18.3.

18.3 If the award is delayed by a period exceeding fifty-six (56)

days beyond the date of expiry of the Bid validity specified in
accordance with ITB 18.1 , the Contract price shall be
determined as follows:
(a) in the case of fixed price contracts, the Contract price
shall be the Bid price adjusted by the factor specified in
the BDS;
(b) in the case of adjustable price contracts, no adjustment
shall be made; or
(c) in any case, Bid evaluation shall be based on the Bid
price without taking into consideration the applicable
correction from those indicated above.

19. Bid Security 19.1 The Bidder shall furnish as part of its Bid, either a Bid-
Securing Declaration or a Bid Security as specified in the
BDS, in original form and, in the case of a Bid Security, in the
amount and currency specified in the BDS.

19.2 A Bid-Securing Declaration shall use the form included in

Section IV, Bidding Forms.
19.3 If a Bid Security is specified pursuant to ITB 19.1, the Bid
Security shall be a demand guarantee in any of the following
forms at the Bidder’s option:
(a) an unconditional guarantee issued by a bank or non-
bank financial institution (such as an insurance, bonding
or surety company);
(b) an irrevocable letter of credit;
(c) a cashier’s or certified check; or
(d) another security specified in the BDS,
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 18.2.

19.4 If a Bid Security or Bid-Securing Declaration is specified

pursuant to ITB 19.1, any Bid not accompanied by a
substantially responsive Bid Security or Bid-Securing
Declaration shall be rejected by the Employer as non-
responsive.

19.5 If a Bid Security is specified pursuant to ITB 19.1, the Bid

Security of unsuccessful Bidders shall be returned as promptly
as possible upon the successful Bidder’s signing the Contract
and furnishing the Performance Security and if required in the
BDS, the Environmental and Social (ES) Performance
Security pursuant to ITB 48.
 20

19.6 The Bid Security of the successful Bidder shall be returned as

promptly as possible once the successful Bidder has signed
the Contract and furnished the required Performance Security,
and if required in the BDS, the Environmental and Social
(ES) Performance Security.

19.7 The Bid Security may be forfeited:

(a) if a Bidder withdraws its Bid prior to the expiry date of
the Bid validity specified by the Bidder on the Letter of
Bid, or any extended date provided by the Bidder; or
(b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 47; or
(ii) furnish a Performance Security and if required in
the BDS, the Environmental and Social (ES)
Performance Security in accordance with ITB 48.
 19.8 The Bid Security or the Bid-Securing Declaration of a JV
shall be in the name of the JV that submits the Bid. If the JV
has not been legally constituted into a legally enforceable JV
at the time of Bidding, the Bid Security or the Bid-Securing
Declaration shall be in the names of all future members as
named in the letter of intent referred to in ITB 4.1 and ITB
11.2.
19.9 If a Bid Security is not required in the BDS, pursuant to ITB
19.1, and:
(a) if a Bidder withdraws its Bid prior to the expiry date of
the Bid validity specified by the Bidder on the Letter of
Bid or any extended date provided by the Bidder; or
(b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 47; or
(ii) furnish a Performance Security and, if required in
the BDS, the Environmental and Social (ES)
Performance Security in accordance with ITB 48,
the Borrower may, if provided for in the BDS, declare the
Bidder ineligible to be awarded a contract by the Employer for
a period of time stated in the BDS.

20. Format and 20.1 The Bidder shall prepare one original of the documents
Signing of Bid comprising the Bid as described in ITB 11 and clearly mark it
“ORIGINAL.” Alternative Bids, if permitted in accordance with
ITB 13, shall be clearly marked “ALTERNATIVE.” In addition,
the Bidder shall submit copies of the Bid, in the number
specified in the BDS and clearly mark them “COPY.” In the
event of any discrepancy between the original and the copies,
the original shall prevail.

20.2 Bidders shall mark as “CONFIDENTIAL” all information in

their Bids which is confidential to their business. This may
include proprietary information, trade secrets, or commercial
or financially sensitive information.
 22

20.3 The original and all copies of the Bid shall be typed or written
in indelible ink and shall be signed by a person duly
authorized to sign on behalf of the Bidder. This authorization
shall consist of a written confirmation as specified in the BDS
and shall be attached to the Bid. The name and position held
by each person signing the authorization must be typed or
printed below the signature. All pages of the Bid where entries
or amendments have been made shall be signed or initialed by
the person signing the Bid.

20.4 In case the Bidder is a JV, the Bid shall be signed by an

authorized representative of the JV on behalf of the JV, and so
as to be legally binding on all the members as evidenced by a
power of attorney signed by their legally authorized
representatives.

20.5 Any inter-lineation, erasures, or overwriting shall be valid

only if they are signed or initialed by the person signing the
Bid.

D. Submission and Opening of Bids

21. Sealing and 21.1 The Bidder shall deliver the Bid in a single, sealed envelope
Marking of Bids (one-envelope Bidding process). Within the single envelope
the Bidder shall place the following separate, sealed
envelopes:
(a) in an envelope marked “ORIGINAL”, all documents
comprising the Bid, as described in ITB 11; and
(b) in an envelope marked “COPIES”, all required copies of
the Bid; and
(c) if alternative Bids are permitted in accordance with ITB
13, and if relevant:
(i) in an envelope marked “ORIGINAL –ALTERNATIVE
BID”, the alternative Bid; and
(ii) in the envelope marked “COPIES- ALTERNATIVE
BID”, all required copies of the alternative Bid.
 21.2 The inner and outer envelopes shall:
(a) bear the name and address of the Bidder;
(b) be addressed to the Employer in accordance with ITB
22.1;
(c) bear the specific identification of this Bidding process
specified in accordance with BDS 1.1; and
(d) bear a warning not to open before the time and date for
Bid opening.

21.3 If all envelopes are not sealed and marked as required, the
Employer will assume no responsibility for the misplacement
or premature opening of the Bid.

22. Deadline for 22.1 Bids must be received by the Employer at the address and no
Submission of Bids later than the date and time specified in the BDS. When so
specified in the BDS, Bidders shall have the option of
submitting their Bids electronically. Bidders submitting Bids
electronically shall follow the electronic Bid submission
procedures specified in the BDS.

22.2 The Employer may, at its discretion, extend the deadline for
the submission of Bids by amending the Bidding document in
accordance with ITB 8, in which case all rights and
obligations of the Employer and Bidders previously subject to
the deadline shall thereafter be subject to the deadline as
extended.

23. Late Bids 23.1 The Employer shall not consider any Bid that arrives after the
deadline for submission of Bids, in accordance with ITB 22.
Any Bid received by the Employer after the deadline for
submission of Bids shall be declared late, rejected, and
returned unopened to the Bidder.
 24

24. Withdrawal, 24.1 A Bidder may withdraw, substitute, or modify its Bid after it
Substitution, and has been submitted by sending a written notice, duly signed
Modification of Bids by an authorized representative, and shall include a copy of
the authorization in accordance with ITB 20.3, (except that
withdrawal notices do not require copies). The corresponding
substitution or modification of the Bid must accompany the
respective written notice. All notices must be:
(a) prepared and submitted in accordance with ITB 20 and
ITB 21 (except that withdrawals notices do not require
copies), and in addition, the respective envelopes shall be
clearly marked “WITHDRAWAL,” “SUBSTITUTION,”
“MODIFICATION;” and
(b) received by the Employer prior to the deadline prescribed
for submission of Bids, in accordance with ITB 22.

24.2 Bids requested to be withdrawn in accordance with ITB 24.1

shall be returned unopened to the Bidders.

24.3 No Bid may be withdrawn, substituted, or modified in the

interval between the deadline for submission of Bids and the
date of expiry of Bid validity specified by the Bidder on the
Letter of Bid or any extended date thereof.

25. Bid Opening 25.1 Except in the cases specified in ITB 23 and ITB 24.2, the
Employer shall publicly open and read out in accordance with
this ITB all Bids received by the deadline, at the date, time and
place specified in the BDS, in the presence of Bidders`
designated representatives and anyone who chooses to attend.
Any specific electronic Bid opening procedures required if
electronic Bidding is permitted in accordance with ITB 22.1,
shall be as specified in the BDS.
25.2 First, envelopes marked “WITHDRAWAL” shall be opened and
read out and the envelope with the corresponding Bid shall not
be opened but returned to the Bidder. No Bid withdrawal shall
be permitted unless the corresponding withdrawal notice
contains a valid authorization to request the withdrawal and is
read out at Bid opening.
25.3 Next, envelopes marked “SUBSTITUTION” shall be opened and
read out and exchanged with the corresponding Bid being
substituted, and the substituted Bid shall not be opened, but
returned to the Bidder. No Bid substitution shall be permitted
unless the corresponding substitution notice contains a valid
authorization to request the substitution and is read out at Bid
opening.
25.4 Next, envelopes marked “MODIFICATION” shall be opened and
read out with the corresponding Bid. No Bid modification
shall be permitted unless the corresponding modification
notice contains a valid authorization to request the
modification and is read out at Bid opening.

25.5 Next, all remaining envelopes shall be opened one at a time,

reading out: the name of the Bidder and whether there is a
modification; the total Bid Price, per lot (contract) if
applicable, including any discounts and alternative Bids; the
presence or absence of a Bid Security or Bid-Securing
Declaration, if required; and any other details as the Employer
may consider appropriate.
25.6 Only Bids, alternative Bids and discounts that are opened and
read out at Bid opening shall be considered further for
evaluation. The Letter of Bid and the Bill of Quantities are to
be initialed by representatives of the Employer attending Bid
opening in the manner specified in the BDS.
 26

25.7 The Employer shall neither discuss the merits of any Bid nor
reject any Bid (except for late Bids, in accordance with ITB
23.1).
25.8 The Employer shall prepare a record of the Bid opening that
shall include, as a minimum:
(a) the name of the Bidder and whether there is a
withdrawal, substitution, or modification;
(b) the Bid Price, per lot (contract) if applicable, including
any discounts;
(c) any alternative Bids;
(d) the presence or absence of a Bid Security, if one was
required.
25.9 The Bidders’ representatives who are present shall be
requested to sign the record. The omission of a Bidder’s
signature on the record shall not invalidate the contents and
effect of the record. A copy of the record shall be distributed
to all Bidders.

E. Evaluation and Comparison of Bids

26. Confidentiality 26.1 Information relating to the evaluation of Bids and
recommendation of contract award shall not be disclosed to
Bidders or any other persons not officially concerned with the
Bidding process until information on Intention to Award the
Contract is transmitted to all Bidders in accordance with ITB
43.

26.2 Any effort by a Bidder to influence the Employer in the

evaluation of the Bids or Contract award decisions may result
in the rejection of its Bid.

26.3 Notwithstanding ITB 26.2, from the time of Bid opening to

the time of Contract award, if a Bidder wishes to contact the
Employer on any matter related to the Bidding process, it shall
do so in writing.
27. Clarification of 27.1 To assist in the examination, evaluation, and comparison of
Bids the Bids, and qualification of the Bidders, the Employer may,
at its discretion, ask any Bidder for a clarification of its Bid,
given a reasonable time for a response. Any clarification
submitted by a Bidder that is not in response to a request by
the Employer shall not be considered. The Employer’s request
for clarification and the response shall be in writing. No
change, including any voluntary increase or decrease, in the
prices or substance of the Bid shall be sought, offered, or
permitted, except to confirm the correction of arithmetic
errors discovered by the Employer in the evaluation of the
Bids, in accordance with ITB 31.

27.2 If a Bidder does not provide clarifications of its Bid by the

date and time set in the Employer’s request for clarification,
its Bid may be rejected.

28. Deviations, 28.1 During the evaluation of Bids, the following definitions apply:
Reservations, and (a) “Deviation” is a departure from the requirements
Omissions 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.

29. Determination of 29.1 The Employer’s determination of a Bid’s responsiveness is to

Responsiveness be based on the contents of the Bid itself, as defined in ITB
11.

29.2 A substantially responsive Bid is one that meets the

requirements of the Bidding document without material
deviation, reservation, or omission. A material deviation,
reservation, or omission is one that,

(a) if accepted, would:

 28

(i) affect in any substantial way the scope, quality,

or performance of the Works specified in the
Contract; or

(ii) limit in any substantial way, inconsistent with the

Bidding document, the Employer’s rights or the
Bidder’s obligations under the proposed Contract;
or

(b) if rectified, would unfairly affect the competitive

position of other Bidders presenting substantially
responsive Bids.

29.3 The Employer shall examine the technical aspects of the Bid
submitted in accordance with ITB 16, in particular, to confirm
that all requirements of Section VII, Works’ Requirements
have been met without any material deviation, reservation or
omission.

29.4 If a Bid is not substantially responsive to the requirements of

the Bidding document, it shall be rejected by the Employer
and may not subsequently be made responsive by correction
of the material deviation, reservation, or omission.

30. Nonmaterial 30.1 Provided that a Bid is substantially responsive, the Employer
Nonconformities may waive any nonconformities in the Bid.

30.2 Provided that a Bid is substantially responsive, the Employer

may request that the Bidder submit the necessary information
or documentation, within a reasonable period of time, to
rectify nonmaterial nonconformities in the Bid related to
documentation requirements. Requesting information or
documentation on such nonconformities shall not be related to
any aspect of the price of the Bid. Failure of the Bidder to
comply with the request may result in the rejection of its Bid.
 30.3 Provided that a Bid is substantially responsive, the Employer
shall rectify quantifiable nonmaterial nonconformities related
to the Bid Price. To this effect, the Bid Price shall be
adjusted, for comparison purposes only to reflect the price of a
missing or non-conforming item or component, by adding the
average price of the item or component quoted by
substantially responsive Bidders. If the price of the item or
component cannot be derived from the price of other
substantially responsive Bids, the Employer shall use its best
estimate.

31. Correction of 31.1 Provided that the Bid is substantially responsive, the
Arithmetical Errors Employer shall correct arithmetical errors on the following
basis:
(a) if there is a discrepancy between the unit price and the
total price that is obtained by multiplying the unit price
and quantity, the unit price shall prevail, and the total
price shall be corrected, unless in the opinion of the
Employer there is an obvious misplacement of the
decimal point in the unit price, in which case the total
price as quoted shall govern and the unit price shall be
corrected;
(b) if there is an error in a total corresponding to the
addition or subtraction of subtotals, the subtotals shall
prevail and the total shall be corrected; and
(c) if there is a discrepancy between words and figures, the
amount in words shall prevail, unless the amount
expressed in words is related to an arithmetic error, in
which case the amount in figures shall prevail subject to
(a) and (b) above.

31.2 Bidders shall be requested to accept correction of arithmetical

errors. Failure to accept the correction in accordance with ITB
31.1, shall result in the rejection of the Bid.

32. Conversion to 32.1 For evaluation and comparison purposes, the currency(ies) of
Single Currency the Bid shall be converted into a single currency as specified
in the BDS.

33. Margin of 33.1 Unless otherwise specified in the BDS, a margin of

Preference preference for domestic Bidders1 shall not apply.
1
An individual firm is considered a domestic Bidder for purposes of the margin of preference if it is registered in the
country of the Employer, has more than 50 percent ownership by nationals of the country of the Employer, and if it does not
subcontract more than 10 percent of the contract price, excluding provisional sums, to foreign contractors. JVs are
considered as domestic Bidders and eligible for domestic preference only if the individual member firms are registered in
the country of the Employer or have more than 50 percent ownership by nationals of the country of the Employer, and the
 30

34. Subcontractors 34.1 Unless otherwise stated in the BDS, the Employer does not
intend to execute any specific elements of the Works by
subcontractors selected in advance by the Employer.

34.2 Bidders may propose subcontracting up to the percentage of

total value of contracts or the volume of works as specified in
the BDS. Subcontractors proposed by the Bidder shall be fully
qualified for their parts of the Works.

34.3 The subcontractor’s qualifications shall not be used by the

Bidder to qualify for the Works unless their specialized parts
of the Works were previously designated by the Employer in
the BDS as can be met by subcontractors referred to hereafter
as ‘Specialized Subcontractors’, in which case, the
qualifications of the Specialized Subcontractors proposed by
the Bidder may be added to the qualifications of the Bidder.

35. Evaluation of Bids Technical Evaluation

35.1 The Employer shall evaluate the Bids using the criteria and
methodologies listed in Section III, Evaluation and
Qualification Criteria.
35.2 If specified in the BDS, the Employer’s evaluation will be
carried out by applying rated criteria that take into account
technical factors, in addition to cost factors. An Evaluated
Bid Score will be calculated for each responsive Bid using
the formula, specified in Section III, Evaluation and
Qualification Criteria. The scores to be given to technical
factors and sub factors are specified in the BDS. The weight
to be assigned for the Technical factors and cost is specified
in the BDS.

Financial Evaluation
35.3 To evaluate a Bid, the Employer shall consider the following:

(a) the Bid price, excluding Provisional Sums and the

provision, if any, for contingencies in the Summary Bill
of Quantities, but including Daywork items, where
priced competitively;
(b) price adjustment for correction of arithmetic errors in
accordance with ITB 31.1;
(c) price adjustment due to discounts offered in accordance
with ITB 14.4;
(d) converting the amount resulting from applying (a) to
(c) above, if relevant, to a single currency in
 accordance with ITB 32;
(e) price adjustment due to quantifiable nonmaterial
nonconformities in accordance with ITB 30.3; and
(f) the additional evaluation factors specified in the BDS
and Section III, Evaluation and Qualification Criteria.

35.4 The estimated effect of the price adjustment provisions of the

Conditions of Contract, applied over the period of execution
of the Contract, shall not be taken into account in Bid
evaluation.

35.5 If this Bidding document allows Bidders to quote separate

prices for different lots (contracts), the methodology to
determine the lowest evaluated cost of the lot (contract)
combinations, including any discounts offered in the Letter of
Bid, is specified in Section III, Evaluation and Qualification
Criteria. If, however, rated criteria is used in accordance with
ITB 35.2, discounts on condition of award of more than one
contract will not be used for Bid evaluation purpose.

36. Comparison of 36.1 The Employer shall compare the evaluated costs of all
Bids substantially responsive Bids established in accordance with
ITB 35.1 to determine the Bid that has the lowest evaluated
cost.
36.2 If ITB 35.2 is applicable, the Employer will determine the Bid
with the highest combined technical and financial score in
accordance with BDS 35.2.

37. Abnormally Low 37.1 An Abnormally Low Bid is one where the Bid price, in
Bids combination with other elements of the Bid, appears so low
that it raises material concerns as to the capability of the
Bidder in regards to the Bidder’s ability to perform the
Contract for the offered Bid Price.
37.2 In the event of identification of a potentially Abnormally Low
Bid, the Employer shall seek written clarifications from the
Bidder, including detailed price analyses of its Bid price in
relation to the subject matter of the contract, scope, proposed
methodology, schedule, allocation of risks and responsibilities
and any other requirements of the Bidding document.
37.3 After evaluation of the price analyses, in the event that the
Employer determines that the Bidder has failed to demonstrate
its capability to perform the Contract for the offered Bid Price,
the Employer shall reject the Bid.
 32

38. Unbalanced or 38.1 If the Bid that is evaluated as the lowest evaluated cost is, in
Front Loaded Bids the Employer’s opinion, seriously unbalanced or front loaded,
the Employer may require the Bidder to provide written
clarifications. Clarifications may include detailed price
analyses to demonstrate the consistency of the Bid prices with
the scope of works, proposed methodology, schedule and any
other requirements of the Bidding document.
38.2 After the evaluation of the information and detailed price
analyses presented by the Bidder, the Employer may as
appropriate:
(a) accept the Bid; or
(b) require that the total amount of the Performance
Security be increased at the expense of the Bidder to a
level not exceeding 20% of the Contract Price; or
(c) reject the Bid.

39. Qualifications of 39.1 The Employer shall determine to its satisfaction whether the
the Bidder eligible Bidder that is selected as having submitted the lowest
evaluated cost and substantially responsive Bid, meets the
qualifying criteria specified in Section III, Evaluation and
Qualification Criteria.

39.2 The determination shall be based upon an examination of the

documentary evidence of the Bidder’s qualifications
submitted by the Bidder, pursuant to ITB 17. The
determination shall not take into consideration the
qualifications of other firms such as the Bidder’s subsidiaries,
parent entities, affiliates, subcontractors (other than
Specialized Subcontractors if permitted in the Bidding
document), or any other firm(s) different from the Bidder.

39.3 An affirmative determination shall be a prerequisite for award

of the Contract to the Bidder. A negative determination shall
result in disqualification of the Bid, in which event the
Employer shall proceed to the Bidder who offers a
substantially responsive Bid with the next lowest evaluated
cost to make a similar determination of that Bidder’s
qualifications to perform satisfactorily.
40. Most 40.1 The Employer shall determine the Most Advantageous Bid.
Advantageous Bid The Most Advantageous Bid is the Bid of the Bidder that
meets the Qualification Criteria and whose Bid has been
determined to be substantially responsive to the Bidding
document and:
(a) when rated criteria are used is the Bid with the highest
combined technical and financial score; or
(b) when rated criteria are not used, is the Bid with the
lowest evaluated cost.
41. Employer’s Right 41.1 The Employer reserves the right to accept or reject any Bid
to Accept Any Bid, and to annul the Bidding process and reject all Bids at any
and to Reject Any time prior to Contract Award, without thereby incurring any
or All Bids liability to Bidders. In case of annulment, all Bids submitted
and specifically, Bid securities, shall be promptly returned to
the Bidders.

42. Standstill Period 42.1 The Contract shall 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 ITB 46.
The Standstill Period commences the day after the date the
Employer has transmitted to each Bidder the Notification of
Intention to Award the Contract. Where only one Bid is
submitted, or if this contract is in response to an emergency
situation recognized by the Bank, the Standstill Period shall
not apply.

43. Notification of 43.1 The Employer shall send to each Bidder the Notification of
Intention to Award Intention to Award the Contract to the successful Bidder. The
Notification of Intention to Award shall contain, at a
minimum, the following information:
(a) the name and address of the Bidder submitting the
successful Bid;
(b) the Contract price of the successful Bid;
(c) the names of all Bidders who submitted Bids, and their
Bid prices as readout, and as evaluated;
(d) a statement of the reason(s) the Bid (of the unsuccessful
Bidder to whom the notification is addressed) was
unsuccessful, unless the price information in c) above
already reveals the reason;
(e) the expiry date of the Standstill Period; and
(f) instructions on how to request a debriefing and/or
submit a complaint during the standstill period;
 34

F.Award of Contract
44. Award Criteria 44.1 Subject to ITB 41, the Employer shall award the Contract to
the successful Bidder. This is the Bidder whose Bid has been
determined to be the Most Advantageous Bid.

45. Notification of 45.1 Prior to the date of expiry of the bid validity, and upon expiry
Award of the Standstill Period specified in ITB 42.1 or any extension
thereof, and, upon satisfactorily addressing any complaint that
has been filed within the Standstill Period, the Employer shall
notify the successful Bidder, in writing, that its Bid has been
accepted. The notification of award (hereinafter and in the
Conditions of Contract and Contract Forms called the “Letter
of Acceptance”) shall specify the sum that the Employer will
pay the Contractor in consideration of the execution of the
Contract (hereinafter and in the Conditions of Contract and
Contract Forms called “the Contract Price”).
45.2 Within ten (10) Business Days after the date of transmission of
the Letter of Acceptance, the Employer shall publish the
Contract Award Notice which shall contain, at a minimum, the
following information:
(a) name and address of the Employer;
(b) name and reference number of the contract being
awarded, and the selection method used;
(c) names of all Bidders that submitted Bids, and their Bid
prices as read out at Bid opening, and as evaluated;
(d) names of all Bidders whose Bids were rejected either as
nonresponsive or as not meeting qualification criteria,
or were not evaluated, with the reasons therefor;
(e) the name of the successful Bidder, the final total
contract price, the contract duration and a summary of
its scope; and
(f) successful Bidder’s Beneficial Ownership Disclosure
Form, if specified in BDS ITB 47.1
45.3 The Contract Award Notice shall be published on the
Employer’s website with free access if available, or in at least
one newspaper of national circulation in the Employer’s
Country, or in the official gazette. The Employer shall also
publish the contract award notice in UNDB online.
45.4 Until a formal Contract is prepared and executed, the Letter of
Acceptance shall constitute a binding Contract.
46. Debriefing by the 46.1 On receipt of the Employer’s Notification of Intention to
Employer Award referred to in ITB 43.1, an unsuccessful Bidder has
three (3) Business Days to make a written request to the
Employer for a debriefing. The Employer shall provide a
debriefing to all unsuccessful Bidders whose request is
received within this deadline.
46.2 Where a request for debriefing is received within the deadline,
the Employer shall provide a debriefing within five (5)
Business Days, unless the Employer decides, for justifiable
reasons, to provide the debriefing outside this timeframe. In
that case, the standstill period shall automatically be extended
until five (5) Business Days after such debriefing is provided.
If more than one debriefing is so delayed, the standstill period
shall not end earlier than five (5) Business Days after the last
debriefing takes place. The Employer shall promptly inform,
by the quickest means available, all Bidders of the extended
standstill period.
46.3 Where a request for debriefing is received by the Employer
later than the three (3) -Business Day deadline, the Employer
should provide the debriefing as soon as practicable, and
normally no later than fifteen (15) Business Days from the
date of publication of Public Notice of Award of contract.
Requests for debriefing received outside the three (3)-day
deadline shall not lead to extension of the standstill period.
46.4 Debriefings of unsuccessful Bidders may be done in writing
or verbally. The Bidder shall bear its own costs of attending
such a debriefing meeting.

47. Signing of 47.1 The Employer shall send to the successful Bidder the Letter of
Contract Acceptance including the Contract Agreement, and, if
specified in the BDS, a request to submit the Beneficial
Ownership Disclosure Form providing additional information
on its beneficial ownership. The Beneficial Ownership
Disclosure Form, if so requested, shall be submitted within
eight (8) Business Days of receiving this request.

47.2 The successful Bidder shall sign, date and return to the
Employer, the Contract Agreement within twenty-eight (28)
days of its receipt.

48. Performance 48.1 Within twenty-eight (28) days of the receipt of the Letter of
Security Acceptance from the Employer, the successful Bidder shall
furnish the Performance Security and, if required in the BDS,
the Environmental and Social (ES) Performance Security in
accordance with the Conditions of Contract, subject to ITB
 36

38.2 (b), using for that purpose the Performance Security and
ES Performance Security Forms included in Section X,
Contract Forms, or another form acceptable to the Employer.
If the Performance Security furnished by the successful
Bidder is in the form of a bond, it shall be issued by a bonding
or insurance company that has been determined by the
successful Bidder to be acceptable to the Employer. A foreign
institution providing a bond shall have a correspondent
financial institution located in the Employer’s Country, unless
the Employer has agreed in writing that a correspondent
financial institution is not required.

48.2 Failure of the successful Bidder to submit the above-

mentioned Performance Security and, if required in the BDS,
the Environmental and Social (ES) Performance Security, or
sign the Contract shall constitute sufficient grounds for the
annulment of the award and forfeiture of the Bid Security. In
that event the Employer may award the Contract to the Bidder
offering the next Most Advantageous Bid.

49. Procurement 49.1 The procedures for making a Procurement-related Complaint

Related Complaint are as specified in the BDS.
Section II – Bid Data Sheet (BDS) 37

Section II - Bid Data Sheet (BDS)

The following specific data for the Works 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.
[Where an e-procurement system is used, modify the relevant parts of the BDS
accordingly to reflect the e-procurement process.]
[Instructions for completing the Bid Data Sheet are provided, as needed, in the notes in
italics mentioned for the relevant ITB.]

A. General
ITB 1.1 The reference number of the Request for Bids (RFB) is: [insert
reference number of the Request for Bids]:
The Employer is: [insert name of the Employer]
The name of the RFB is: [insert name of the RFB]
The number and identification of lots (contracts) comprising this RFB is:
[insert number and identification of lots (contracts)]
ITB 1.2(a) [delete if not applicable]
Electronic – Procurement System
The Employer shall use the following electronic-procurement system to
manage this Bidding process:
[insert name of the e-system and url address or link]
The electronic-procurement system shall be used to manage the
following aspects of the Bidding process:
[list the aspects here and modify the relevant parts of the BDS
accordingly e.g., issuing Bidding document, submissions of Bids,
opening of Bids]
ITB 2.1 The Borrower is: [insert name of the Borrower and statement of
relationship with the Employer, if different from the Borrower. This
insertion should correspond to the information provided in the RFB]
Loan or Financing Agreement amount: [insert US$ equivalent]
____________________________
The name of the Project is: [insert name of the project]
ITB 4.1 Maximum number of members in the JV shall be: [insert a number]:
______________

JV shall be registered in the country of the Borrower. The JV shall not subcontract more than 10 percent of the contract
price, excluding provisional sums, to foreign firms. JVs between foreign and national firms will not be eligible for domestic
preference.
Section II – Bid Data Sheet (BDS) 38

ITB 4.5 A list of debarred firms and individuals is available on the Bank’s
external website: http://www.worldbank.org/debarr.

B. Contents of Bidding Document

ITB 7.1 For Clarification of Bid purposes only, the Employer’s address is:
[insert the corresponding information as required below. This address
may be the same as or different from that specified under ITB 22.1 for
Bid submission]
Attention: [ [insert full name of person, if applicable]
Address: [insert street address and number]
Floor/ Room number: [insert floor and room number, if applicable]
City: [insert name of city or town]
ZIP Code: [insert postal (ZIP) code, if applicable]
Country: [insert name of country]
Telephone: [insert telephone number, including country and city
codes]
Facsimile number: [insert fax number, including country and city
codes]
Electronic mail address: [insert email address, if applicable]
Web page: [in case used, identify the website with free access where
Bidding process information is published]
________________________________________________________
ITB 7.4 A Pre-Bid meeting [insert “shall” or “shall not”] take place at the
following date, time and place:
Date:
Time:
Place:
A site visit conducted by the Employer [insert “shall be” or
“shall not be”] organized
ITB 7.6 Web page: [in case used, identify the website for publishing Minutes of
Pre-Bid Meeting]: ___________________________]

C. Preparation of Bids
ITB 10.1 The language of the Bid is: [insert “English” or” Spanish” or
“French”].
[Note: In addition to the above language, and if agreed with the Bank, the
Employer has the option to issue translated versions of the Bidding
document in another language which should either be: (a) the national
language of the Employer; or (b) the language used nation-wide in the
Section II – Bid Data Sheet (BDS) 39

Employer’s Country for commercial transactions. In such case, the

following text shall be added:]
“In addition, the Bidding document is translated into the [insert national or
nation-wide used] language [if there are more than one national or
nation-wide used language, add “and in the ____________” [insert the
second national or nation-wide language].
Bidders shall have the option to submit their Bid in any one of the
languages stated above. Bidders shall not submit Bids in more than one
language.]”
All correspondence exchange shall be in ____________ [insert language]
language.
Language for translation of supporting documents and printed literature is
_______________________. [Specify one language].
ITB 11.1 (h) The Bidder shall submit the following additional documents in its Bid:
[list any additional document not already listed in ITB 11.1 that must
be submitted with the Bid. The list of additional documents shall
include the following:]
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.

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:
[Note: insert name of any specific plan and risk/s informed by the
relevant environmental and social assessment]:
 [e.g. Sexual Exploitation, and Abuse (SEA) prevention and
response action plan];
 [e.g. Traffic Management Plan to ensure safety of local
communities from construction traffic];
ITB 13.1 Alternative Bids [insert “shall be” or “shall not be”] _________
considered.
[If alternatives shall be considered, the methodology shall be defined
Section II – Bid Data Sheet (BDS) 40

in Section III, Evaluation and Qualification Criteria.]

ITB 13.2 Alternative times for completion [insert “shall be” or “shall not be”]
______permitted.
[If alternative times for completion are permitted, the evaluation
method will be as specified in Section III, Evaluation and
Qualification Criteria.]
ITB 13.4 Alternative technical solutions shall be permitted for the following parts
of the Works: _____________________________ [insert parts of the
Works]:

[If alternative technical solutions are permitted, the evaluation method

will be as specified in Section III, Evaluation and Qualification
Criteria.]

ITB 14.5 The prices quoted by the Bidder shall be: _______________ [insert
“subject to adjustment” or “fixed”]
ITB 15.1 The currency(ies) of the Bid and the payment currency(ies) shall be in
accordance with Alternative _________ as described below:
Alternative A (Bidders to quote entirely in local currency):
(a) The unit rates and the prices shall be quoted by the Bidder in the Bill
of Quantities, entirely in __________________, [insert the name of
the currency of the Employer’s Country], and further referred to as
“the local currency”. A Bidder expecting to incur expenditures in
other currencies for inputs to the Works supplied from outside the
Employer’s Country (referred to as “the foreign currency
requirements”) shall indicate in the Appendix to Bid - Table C, the
percentage(s) of the Bid Price (excluding Provisional Sums), needed
by the Bidder for the payment of such foreign currency requirements,
limited to no more than three foreign currencies.
(b) The rates of exchange to be used by the Bidder in arriving at the local
currency equivalent and the percentage(s) mentioned in (a) above
shall be specified by the Bidder in the Appendix to Bid - Table C and
shall apply for all payments under the Contract so that no exchange
risk will be borne by the successful Bidder.
Alternative B (Bidders allowed to quote in local and foreign
currencies):
(a) The unit rates and prices shall be quoted by the Bidder in the Bill of
Quantities separately in the following currencies:
(i) for those inputs to the Works that the Bidder expects to supply
from within the Employer’s Country, in __________________,
[insert the name of the currency of the Employer’s Country],
and further referred to as “the local currency”; and
Section II – Bid Data Sheet (BDS) 41

(ii) for those inputs to the Works that the Bidder expects to supply
from outside the Employer’s Country (referred to as “the foreign
currency requirements”), in up to any three foreign currencies.
ITB 18.1 The Bid shall be valid until:______ [insert day, month and year, taking
into account reasonable time needed to complete the bid evaluation,
obtain necessary approvals and the Bank’s No-objection (if subject to
prior review).]
ITB 18.3 (a) The Bid price shall be adjusted by the following factor(s): ________
[The local currency portion of the Contract price shall be adjusted by a
factor reflecting local inflation during the period of extension, and the
foreign currency portion of the Contract price shall be adjusted by a
factor reflecting the international inflation (in the country of the
foreign currency) during the period of extension.]
ITB 19.1 [If a Bid Security shall be required, a Bid-Securing Declaration shall
not be required, and vice versa.]
A Bid Security __________ [insert “shall be” or “shall not be”]
required.
A Bid-Securing Declaration ___________ [insert “shall be” or “shall
not be”] required.
If a Bid Security shall be required, the amount and currency of the Bid
Security shall be
[If a Bid Security is required, insert amount and currency of the Bid
Security. Otherwise insert “Not Applicable”.] [In case of lots, please
insert amount and currency of the Bid Security for each lot]
Note: Bid Security is required for each lot as per amounts indicated
against each lot. Bidders have the option of submitting one Bid
Security for all lots (for the combined total amount of all lots) for
which Bids have been submitted, however if the amount of Bid
Security is less than the total required amount, the Employer will
determine for which lot or lots the Bid Security amount shall be
applied.]
ITB 19.3 (d) Other types of acceptable securities:

[Insert names of other acceptable securities. Insert “None” if no Bid

Security is required under provision ITB 19.1 or if Bid Security is
required but no other forms of Bid securities besides those listed in
ITB 19.3 (a) through (c) are acceptable.]
ITB 19.9 [The following provision should be included, and the required
corresponding information inserted only if a Bid Security is not
required under provision ITB 19.1 and the Employer wishes to declare
Section II – Bid Data Sheet (BDS) 42

the Bidder ineligible for a period of time should the Bidder perform
any of the actions mentioned in provision ITB 19. 9 (a) or (b),
otherwise omit.]
If the Bidder performs any of the actions prescribed in ITB 19.9 (a) or
(b), the Borrower will declare the Bidder ineligible to be awarded
contracts by the Employer for a period of ______ years.
ITB 20.1 In addition to the original of the Bid, the number of copies is:
[insert number of copies]
ITB 20.3 The written confirmation of authorization to sign on behalf of the Bidder
shall consist of:
[insert the name and description of the documentation required to
demonstrate the authority of the signatory to sign the Bid]

D. Submission and Opening of Bids

ITB 22.1 For Bid submission purposes only, the Employer’s address is: [This
address may be the same as or different from that specified under
provision ITB 7.1 for clarifications]
Attention: [insert full name of person, if applicable]
Street Address: [insert street address and number]
Floor/ Room number: [insert floor and room number, if applicable]
City: [insert name of city or town]
ZIP/Postal Code: [insert postal (ZIP) code, if applicable]
Country: [insert name of country]
[The time allowed for the preparation and submission of Bids shall be
determined with due consideration to the particular circumstances of
the project and the magnitude and complexity of the procurement. The
period allowed shall be at least thirty (30) Business Days, unless
otherwise agreed with the Bank]
The deadline for Bid submission is:
Date: [insert day, month, and year, e.g. 15 June 2020]
Time: [insert time, and identify if a.m. or p.m., e.g. 10:30 a.m.]
[The date and time should be the same as those provided in the Specific
Procurement Notice - Request for Bids, unless subsequently amended
pursuant to ITB 22.2]
Bidders__________________ [insert “shall” or “shall not”] have the
option of submitting their Bids electronically.
[The following provision should be included, and the required
corresponding information inserted only if Bidders have the option of
submitting their Bids electronically. Otherwise omit.]
Section II – Bid Data Sheet (BDS) 43

The electronic Bidding submission procedures shall be: [insert a

description of the electronic bidding submission procedures.]
ITB 25.1 The Bid opening shall take place at:
Street Address: [insert street address and number]
Floor/ Room number: [insert floor and room number, if applicable]
City: [insert name of city or town]
Country: [insert name of country]
Date: [insert day, month, and year, e.g. 15 June 2020]
Time: [insert time, and identify if a.m. or p.m. e.g. 10:30 a.m.] [Date
and time should be the same as those given for the deadline for
submission of Bids in accordance with ITB 22]
ITB 25.1 [The following provision should be included, and the required
corresponding information inserted only if Bidders have the option of
submitting their Bids electronically. Otherwise omit.]
The electronic Bid opening procedures shall be: [insert a description of
the electronic Bid opening procedures.]
ITB 25.6 The Letter of Bid and priced Bill of Quantities shall be initialed by
[insert number] ___________representatives of the Employer
conducting Bid opening. _
[Insert procedure: Example: Each Bid shall be initialed by all
representatives and shall be numbered, any modification to the unit or
total price shall be initialed by the Representative of the Employer, etc.]

E. Evaluation, and Comparison of Bids

ITB 32.1 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: ____________[insert
name of currency]
The source of exchange rate shall be: [Insert name of the source of
exchange rates (e.g., the Central Bank in the Employer’s Country).]
The date for the exchange rate shall be: _______ [insert day, month and
year, e.g. 15 November, 2019 not earlier than 28 days prior to the
deadline for submission of the Bids, nor later than the date for the
expiry of Bid validity specified in accordance with ITB BDS 18.1.
The currency(ies) of the Bid shall be converted into a single currency in
accordance with the procedure under Alternative _____ that follows:
Alternative A: Bidders quote entirely in local currency
For comparison of Bids, the Bid Price, corrected pursuant to ITB 31, shall
first be broken down into the respective amounts payable in various
currencies by using the selling exchange rates specified by the Bidder in
Section II – Bid Data Sheet (BDS) 44

accordance with ITB 15.1.

In the second step, the Employer will convert the amounts in various
currencies in which the Bid Price is payable (excluding Provisional Sums
but including Daywork where priced competitively) to the single
currency identified above at the selling rates established for similar
transactions by the authority specified and on the date stipulated above.
OR
Alternative B: Bidders quote in local and foreign currencies
The Employer will convert the amounts in various currencies in which
the Bid Price, corrected pursuant to ITB 31, is payable (excluding
Provisional Sums but including Daywork where priced competitively) to
the single currency identified above at the selling rates established for
similar transactions by the authority specified and on the date stipulated
above.
ITB 33.1 [The following provision should be included, and the required
corresponding information inserted only if the Procurement Plan
authorizes the application of margin of preference and the Employer
intends to apply it to the subject contract. Otherwise omit]
A margin of domestic preference [insert either “shall” or “shall not”]
_________apply.
[If a margin of preference applies, the application methodology shall
be defined in Section III – Evaluation and Qualification Criteria.]
ITB 34.1 At this time the Employer ______________ [insert “intends” or “does
not intend”] to execute certain specific parts of the Works by
subcontractors selected in advance.
ITB 34.2 Contractor’s proposed subcontracting: Maximum percentage of
subcontracting permitted is: _______% of the total contract amount or
_______% of the volume of work_____________.
Bidders planning to subcontract more than 10% of total volume of work
shall specify, in the Letter of Bid, the activity (ies) or parts of the Works to
be subcontracted along with complete details of the subcontractors and their
qualification and experience.

ITB 34.3 [Indicate N/A if not applicable]

The parts of the Works for which the Employer permits Bidders to propose
Specialized Subcontractors are designated as follows:
a. _______________
b. _______________
c. _______________
For the above-designated parts of the Works that may require Specialized
Section II – Bid Data Sheet (BDS) 45

Subcontractors, the relevant qualifications of the proposed Specialized

Subcontractors will be added to the qualifications of the Bidder for the
purpose of evaluation.
ITB 35.2 ITB 35.2 [insert applies or does not apply] [select “applies” if rated
criteria/point system bid evaluation approach as detailed in Section III
applies].
The weight to be given for cost is: ________ [indicate weight for cost such
that weight for cost plus weight for total technical score is 1(one). Delete
this entry if ITB 35.2 does not apply]
ITB 35.2 The technical factors (sub-factors) and the corresponding weight out of
100% are:
Technical Factor weight in percentage
(insert weight in %)
1. Extent the technical proposal exceeds the
requirements of the Specification
2. Method Statement for construction activities
(and design, if any)
3. Site Organization
4. Work Program
5. Management strategies and implementation
plans (MSIPs) for ES
6. Qualifications and Experience of Contractor’s
Representative and Key Personnel
7. Key equipment strategy
8. Any other technical factors as appropriate
[The above technical factors may be modified as appropriate while
ensuring that the documents requested from Bidders as part of their
technical proposals (Section IV) enable evaluation of technical factors.]
[The weights should be allocated in terms of the relative significance of the
technical factors. Insert technical sub-factors and corresponding weights,
as appropriate].
ITB 35.3 (f) [Delete this section if not applicable]
Additional requirements apply. These are detailed in the evaluation
criteria in Section III, Evaluation and Qualification Criteria.

F. Award of Contract
ITB 47.1 The successful Bidder [shall] or [shall not] submit the Beneficial
Ownership Disclosure Form.
Section II – Bid Data Sheet (BDS) 46

ITB 48.1 and [Delete the following if not applicable]

48.2 The successful Bidder shall be required to submit an Environmental and
Social (ES) Performance Security.
[Note: The ES Performance Security shall normally be required where
ES risks are high.]
ITB 49.1 The procedures for making a Procurement-related Complaint are detailed
in the “Procurement Regulations for IPF Borrowers (Annex III).” If a
Bidder wishes to make a Procurement-related Complaint, the Bidder
shall submit its complaint following these procedures, In Writing (by the
quickest means available, such as by email or fax), to:
For the attention: [insert full name of person receiving complaints]
Title/position: [insert title/position]
Employer: [insert name of Employer]
Email address: [insert email address]
Fax number: [insert fax number] delete if not used
In summary, a Procurement-related Complaint may challenge any of the
following:
1. the terms of the Bidding Documents; and
2. the Employer’s decision to award the contract.
Section III – Evaluation and Qualification Criteria 47

Section III - Evaluation and Qualification

Criteria
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:

 For construction turnover or financial data required for each year - Exchange rate
prevailing on the last day of the respective calendar year (in which the amounts for that
year is to be converted) was originally established.
 Value of single contract - Exchange rate prevailing on the date of the contract.
Exchange rates shall be taken from the publicly available source identified in the ITB 32.1. Any
error in determining the exchange rates in the Bid may be corrected by the Employer.

[The Employer shall select the criteria deemed appropriate for the Bidding process, insert the
appropriate wording using the samples below or other acceptable wording, and delete the text in
italics]
 Section III – Evaluation and Qualification Criteria 48

A. Technical and Financial Evaluation

1. Evaluation of Technical Proposal
Assessment of adequacy of Technical Proposal with Requirements in accordance with ITB
35.1.
…………………………………………………………………………………………………
If ITB 35.2 applies, the technical factors, and sub factors if any, to be evaluated and the
scores to be given to each technical factor and sub factors are specified in the PDS ITB 35.2.
.....................................................................................................................................................
1.1 Techinical Proposal Scoring Methology
[Note to the Employer: The Employer shall develop a scoring methodology to be included
here]
If as per ITB 35.2, the technical factors (and sub- factors, if applicable) are weighted in
terms of relevance, the total technical score would be the weighted average in percent.

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:
k
S j≡∑ t ji∗w ji
i =1

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
k
∑ w ji=1
i=1

The Factor Technical Scores will be combined in a weighted sum to form the total
Technical Proposal Score using the following formula:
n
T ≡∑ S j∗W j
j=1

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
n
∑ W j =1
j=1
Section III – Evaluation and Qualification Criteria 49

1.2 Sustainable Procurement

…………………………………………………………………………………………………
……………………………………………………………………………

[If specific sustainable procurement technical requirements have been specified in Section

VII- Specification, either  state that (i) those requirements will be evaluated on a pass/fail
(compliance basis) or otherwise (ii) in addition to evaluating those requirements on a
pass/fail (compliance basis), if applicable,  specify the monetary adjustments   to
be applied  to Bid prices for comparison purposes on account of Bids that exceed the
specified minimum sustainable procurement technical requirements.

Alternatively, if rated criteria is applied in accordance with ITB 35.2, sustainable

procurement could be one of the technical factors.

1.3 Alternative Technical Solutions for specified parts of the Works

If permitted under ITB 13.4, will be evaluated as follows:

…………………………………………………………………………………………………
……………………………………………………………………….
1. Financial Evaluation
2.1 Margin of Preference

If the BDS so specifies, the Employer will grant a margin of preference of 7.5% (seven
and one-half percent) to domestic contractors, in accordance with, and subject to, the
following provisions:

(i) Contractors applying for such preference shall be asked to provide, as part of the
data for qualification, such information, including details of ownership, as shall be
required to determine whether, according to the classification established by the
Borrower and accepted by the Bank, a particular contractor or group of contractors
qualifies for a domestic preference. The Bidding document shall clearly indicate
the preference and the method that will be followed in the evaluation and
comparison of Bids to give effect to such preference.

(ii) After Bids have been received and reviewed by the Employer, responsive Bids
shall be classified into the following groups:

(a) Group A: Bids offered by domestic contractors eligible for the preference.

(b) Group B: Bids offered by other contractors.

All evaluatedBids in each group shall, as a first evaluation step, be compared to
determine the Most Advantageous Bid, and the Most Advantageous Bid in each group
shall be further compared with each other. If a result of this comparison, a Proposal from
Group A is the Most Advantageous Bid, it shall be selected for the award, if the Bidder
Section III – Evaluation and Qualification Criteria 50

is qualified. If a Bid from Group B is the Most Advantageous Bid, as a second

evaluation step, all Bids from Group B shall then be further compared with the Most
Advantageous Bid from Group A. For the purpose of this further comparison only, an
amount equal to 7.5% (seven and one-half percent) of the respective Bid price corrected
for arithmetical errors, including unconditional discounts but excluding provisional sums
and the cost of day works, if any, shall be added to the evaluated cost offered in each
Bid from Group B. If the Bid from Group A is the Most Advantageous Bid, it shall be
selected for award. If not, the most advanatgeous Bid from Group B based on the first
evaluation step shall be selected.

2.2 Criteria for Financial Evaluation

In addition to the criteria listed in ITB 35.3 (a) – (e) the following criteria shall apply:
(i) Time Schedule
Time for completion of the Works from the Commencment Date shall be as
specified in the Particular Conditions Part A-Contract Data Sub-clause 1.1.84. No
credit will be given for earlier completion.
Or
Time to complete the Works from the from the Commencment Date shall be
between ____________ minimum and ____________ maximum. The adjustment rate
in the event of completion beyond the minimum period shall be _______ (%) for
each week of delay from that minimum period. No credit will be given for
completion earlier than the minimum designated period. Bids offering a completion
date beyond the maximum designated period shall be rejected.
(ii) Life Cycle Costs
[Life cycle costing should be used when the costs of operation and/or maintenance
over the specified life of the Works are estimated to be considerable in comparison
with the initial cost and may vary among different Bids. It shall be evaluated on a
net present value basis. If life cycle costing is to be applied for Bid evaluation, the
Employer shall specify the relevant information on its application here:]

[State either life cycle costing “shall” or “shall not apply”. If life cycle costing
applies for Bid evaluation, the methodology and the information expected from
Bidders shall be specified]

The factors for calculation of the life cycle cost are:

(a) number of years for life cycle: _[Insert number of years],
(b) operating costs [state how they will be determined],
(c) maintenance costs, including the cost of spare parts for the initial period of
operation [state how they will be determined], and

(d) Discount rate: ________[insert discount rate in percent] to be used to

discount to present value all annual future costs calculated under (ii) and (iii)
above for the period specified in (i).
Section III – Evaluation and Qualification Criteria 51

2. Combined Evaluation
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:

C low T
B≡ X + ( 1− X )
(ii) C T high
(iii) Where:
(iv) C = Evaluated Bid Cost
(v) C low = the lowest of all Evaluated Bid Costs among responsive Bids
(vi) T = the total Technical Score awarded to the Bid
(vii) Thigh = the Technical Score achieved by the Bid that was scored best among
all responsive Bids
(viii) 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.

B. Multiple Contracts
If permitted under ITB 35.5, will be evaluated as follows:

(i) Award Criteria for Multiple Contracts [ITB 35.5]:

(a) When rated criteria is not applied

Lots

Bidders have the option to Bid for any one or more lots. Bids will be evaluated
lot-wise, taking into account discounts offered, if any, after considering all
possible combinations of lots, the contract(s) will be awarded to the Bidder or
Bidders offering the lowest evaluated cost to the Employer for combined lots,
subject to the selected Bidder(s) meeting the required qualification criteria for lot
or combination of lots as the case may be.

Packages

Bidders have the option to Bid for any one or more packages and for any one or
more lots within a package. Bids will be evaluated package-wise, taking into
account discounts offered, if any, for combined packages and/or lots within a
package. The contract(s) will be awarded to the Bidder or Bidders offering the
lowest evaluated cost to the Employer for combined packages, subject to the
selected Bidder(s) meeting the required qualification criteria for combination of
packages and or lots as the case may be.
Section III – Evaluation and Qualification Criteria 52

(b) When rated criteria is applied

If in accordance with ITB 1.1 Bids are invited for more than one lot or package,
the contract will be awarded to the Bidder or Bidders with the Most advantageous
Bid for the individual lots.

However, if the Bidder with the Bids that are substantially responsive and with
the highest evaluated score for individual lots, is not qualified for the combination
of the lots, then the award will be made based on the highest total score for the
combination of lots for which the Bidder is qualified.

(ii) Qualification Criteria for Multiple Contracts

The criteria for qualification is aggregate minimum requirement for respective

lots as specified under items 3.1, 3.2, 4.2(a) and 4.2(b). However, with respect to
the specific experience under item 4.2 (a) of Section III, the Employer will select
any one or more of the options as identified below:

N is the minimum number of contracts

V is the minimum value of a single contract

(a) For one Contract:

Option 1:

i. N contracts, each of minimum value V;

Or

Option 2:

i. N contracts, each of minimum value V; or

ii. (ii) Less than or equal to N contracts, each of minimum value V, but
with total value of all contracts equal or more than N x V.

(b) For multiple Contracts

Option 1:

i. Minimum requirements for combined contract(s) shall be the aggregate

requirements for each contract for which the Bidder has submitted Bids
as follows, and N1, N2, N3, etc. shall be different contracts:

Lot 1: N1 contracts, each of minimum value V1;

Lot 2: N2 contracts, each of minimum value V2;

Section III – Evaluation and Qualification Criteria 53

Lot 3: N3 contracts, each of minimum value V3;

----etc.

Or

Option 2:

i. Minimum requirements for combined contract(s) shall be the aggregate

requirements for each contract for which the Bidder has submitted Bids
as follows, and N1, N2, N3, etc. shall be different contracts:

Lot 1: N1 contracts, each of minimum value V1;

Lot 2: N2 contracts, each of minimum value V2;

Lot 3: N3 contracts, each of minimum value V3;

----etc., or

ii. Lot 1: N1 contracts, each of minimum value V1; or number of

contracts less than or equal to N1, each of minimum value V1, but with
total value of all contracts equal or more than N1 x V1.
iii. Lot 2: N2 contracts, each of minimum value V2; or number of
contracts less than or equal to N2, each of minimum value V2, but with
total value of all contracts equal or more than N2 x V2.
iv. Lot 3: N3 contracts, each of minimum value V3; or number of
contracts less than or equal to N3, each of minimum value V3, but with
total value of all contracts equal or more than N3 x V3.

----etc.

Or

Option 3:

i. Minimum requirements for combined contract(s) shall be the aggregate

requirements for each contract for which the Bidder has bid for as
follows, and N1, N2, N3, etc. shall be different contracts:

Lot 1: N1 contracts, each of minimum value V1;

Lot 2: N2 contracts, each of minimum value V2;

Lot 3: N3 contracts, each of minimum value V3;

----etc., or
Section III – Evaluation and Qualification Criteria 54

ii. Lot 1: N1 contracts, each of minimum value V1; or number of contracts

less than or equal to N1, each of minimum value V1, but with total value
of all contracts equal or more than N1 x V1.

Lot 2: N2 contracts, each of minimum value V2; or number of contracts

less than or equal to N2, each of minimum value V2, but with total value
of all contracts equal or more than N2 x V2.

Lot 3: N3 contracts, each of minimum value V3; or number of contracts

less than or equal to N3, each of minimum value V3, but with total value
of all contracts equal or more than N3 x V3.

----etc., or

iii. Subject to compliance as per (ii) above with respect to minimum value
of single contract for each lot, total number of contracts is equal or less
than N1 + N2 + N3 +--but the total value of all such contracts is equal
or more than N1 x V1 + N2 x V2 + N3 x V3 +---.

………………………………………………………………………………………………
………………………………………………………………………………

C. Specialized Subcontractors
If permitted under ITB 34, only the specific experience of Subcontractors for
specialized works permitted by the Employer will be considered. The general
experience and financial resources of the Specialized Subcontractors shall not be
added to those of the Bidder for purposes of qualification of the Bidder.

………………………………………………………………………………………
………………………………………………………………………………………

D. Qualification
Eligibility and Qualification Criteria Compliance Requirements
No Subject Requirement Single Joint Venture (existing or intend
. Entity All Members Each One
Combined Member
1. Eligibility
1.1 Nationality Nationality in accordance with Must meet Must meet Must meet N/A
ITB 4.4 requirement requirement requirement

1.2 Conflict of No conflicts of interest in Must meet Must meet Must meet N/A
Interest accordance with ITB 4.2 requirement requirement requirement
1.3 Bank Eligibility Not having been declared Must meet Must meet Must meet N/A
Section III – Evaluation and Qualification Criteria 55

Eligibility and Qualification Criteria Compliance Requirements

No Subject Requirement Single Joint Venture (existing or intend
. Entity All Members Each One
Combined Member
ineligible by the Bank, as requirement requirement requirement
described in ITB 4.5.
1.4 State- owned Meets conditions of ITB 4.6 Must meet Must meet Must meet N/A
Enterprise or requirement requirement requirement
Institution of
the Borrower
country
1.5 United Nations Not having been excluded as a Must meet Must meet Must meet N/A
resolution or result of prohibition in the requirement requirement requirement
Borrower’s Borrower’s country laws or
country law official regulations against
commercial relations with the
Bidder’s country, or by an act of
compliance with UN Security
Council resolution, both in
accordance with ITB 4.8 and
Section V.
2. Historical Contract Non-Performance
2.1 History of Non- Non-performance of a contract2 Must meet Must meet Must meet N/A
Performing did not occur as a result of requirement requirements requirement3
Contracts contractor default since 1st
January [insert year].
2.2 Suspension Not under suspension based on- Must meet Must meet Must meet N/A
Based on execution of a Bid/Proposal requirement requirement requirement
Execution of Securing Declaration pursuant to
Bid/Proposal ITB 4.7 and ITB 19.9
Securing
Declaration by
the Employer
2.3 Pending Bidder’s financial position and Must meet N/A Must meet N/A
Litigation prospective long-term requirement requirement
profitability still sound
according to criteria established
in 3.1 below and assuming that
all pending litigation will be

2
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.
3
This requirement also applies to contracts executed by the Bidder as JV member.
Section III – Evaluation and Qualification Criteria 56

Eligibility and Qualification Criteria Compliance Requirements

No Subject Requirement Single Joint Venture (existing or intend
. Entity All Members Each One
Combined Member
resolved against the Bidder
2.4 Litigation No consistent history of Must meet Must meet Must meet N/A
History court/arbitral award decisions requirement requirement requirement
against the Bidder4 since 1st
January [insert year]
2.5 Declaration: Declare any civil work contracts Must make Each must
Environmental that have been suspended or the make the
and Social (ES) terminated and/or performance declaration. declaration.
past security called by an employer Where there Where there
performance for reasons of breach of are are
environmental, or social Specialized Specialized
(including Sexual Exploitation, Subcontractor N/A Subcontractor/
and Abuse) contractual /s, the s, the
obligations in the past five Specialized Specialized
years.5 Subcontractor Subcontractor/
/s must also s must also
make the make the
declaration. declaration.
3. Financial Situation and Performance
3.1 Financial (i) The Bidder shall demonstrate Must meet Must meet N/A N/A
Capabilities that it has access to, or has requirement requirement
available, liquid assets,
unencumbered real assets, lines
of credit, and other financial
means (independent of any
contractual advance payment)
sufficient to meet the
construction cash flow
requirements estimated as USD
$ [insert amount] for the subject
contract(s) net of the Bidder’s
other commitments
(ii) The Bidders shall also
demonstrate, to the satisfaction Must meet Must meet N/A N/A
of the Employer, that it has requirement requirement
adequate sources of finance to
meet the cash flow requirements
on works currently in progress
and for future contract
4
The Bidder shall provide accurate information on the related Bid Form 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.
5
The Employer may use this information to seek further information or clarifications in carrying out its due diligence.
Section III – Evaluation and Qualification Criteria 57

Eligibility and Qualification Criteria Compliance Requirements

No Subject Requirement Single Joint Venture (existing or intend
. Entity All Members Each One
Combined Member
commitments.
(iii) The audited balance sheets
or, if not required by the laws of Must meet N/A Must meet N/A
the Bidder’s country, other requirement requirement
financial statements acceptable
to the Employer, for the last
[insert number of years] years
shall be submitted and must
demonstrate the current
soundness of the Bidder’s
financial position and indicate its
prospective long-term
profitability.
3.2 Average Minimum average annual Must meet Must meet Must meet Must
Annual construction turnover of US$ requirement requirement [insert [inse
Construction [insert amount], calculated as number] %, numb
Turnover total certified payments received [insert [inse
for contracts in progress and/or percentage in perce
completed within the last [insert words] of the word
of year] years, divided by [insert requirement requi
number of years] years

4. Experience
4.1 General Experience under construction Must meet N/A Must meet N/A
(a) Construction contracts in the role of prime requirement requirement
Experience contractor, JV member,
Subcontractor, or management
contractor for at least the last
[insert number of years] years,
starting 1st January [insert year].
4.2 Specific (i) A minimum number of [state Must meet Must meet N/A Must
(a) Construction & the number] similar contracts requirement requirement8 follow
Contract specified below that have been requi
Management satisfactorily and substantially6 for th
Experience completed as a prime contractor, activ
joint venture member7, below
management contractor or activ
6
Substantial completion shall be based on 80% or more works completed under the contract.
7
For contracts under which the Bidder participated as a joint venture member or Subcontractor, only the Bidder’s
share, by value, shall be considered to meet this requirement
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.
Section III – Evaluation and Qualification Criteria 58

Eligibility and Qualification Criteria Compliance Requirements

No Subject Requirement Single Joint Venture (existing or intend
. Entity All Members Each One
Combined Member
(i) N contracts, each of requi
minimum value V; be m
Or mem
(ii) Less than or equal to N other
contracts, each of minimum ”N/A
value V, but with total value of
all contracts equal or more than
N x V; [insert values of N & V,
delete (ii) above if not
applicable].
[In case the Works are to be bid
as individual contracts under a
slice and package (multiple
contract) procedure, the
minimum number of contracts
required for purposes of
evaluating qualification shall be
selected from the options
mentioned in ITB 35.5]
The similarity of the contracts
shall be based on the following:
[Based on Section VII, Scope of
Works, specify the minimum key
requirements in terms of
physical size, complexity,
construction method, technology
and/or other characteristics
including part of the
requirements that may be met by
specialized subcontractors, if
permitted in accordance with
ITB 34.3]
4.2 For the above and any other Must meet Must meet N/A Must
(b) contracts [substantially requirements requirements follow
completed and under [Specify [Specify activities requi
implementation] as prime activities that that may be met for k
contractor, joint venture may be met through a activ
member, or Subcontractor through a Specialized below
between 1st January [insert specialized Subcontractor, if appli
year] and Application subcontractor permitted in of th
submission deadline, a minimum , if permitted accordance with activ
construction experience in the in ITB 34.3] first
following key activities accordance this 4
successfully completed9: [list with ITB key a
Section III – Evaluation and Qualification Criteria 59

Eligibility and Qualification Criteria Compliance Requirements

No Subject Requirement Single Joint Venture (existing or intend
. Entity All Members Each One
Combined Member
key activities indicating volume, 34.3] (volu
number or rate of production as numb
applicable. of pr
Under 4.2(a), specified as ap
requirements define similarity of and t
contracts, whereas the key corre
activities or production rates to minim
be specified under 4.2 (b) define requi
the required capability of the that h
Bidder to execute the Works. met b
There shall not be any memb
other
inconsistency or repetition of
cell s
requirement between 4.2(a) state:
and 4.2(b). For the rate of
production, specify that the rate
of production shall be on the
basis of either the average
during the entire specified
period OR the rate of annual
production in any 12 month
period in the specified period,]10
4.2 Specific For the contracts in 4.2 (a) above Must meet Must meet Must meet the Must
(c) Experience in and/or any other contracts requirements requirement following follow
managing ES [substantially completed and requirements: requi
aspects under implementation] as prime [list key [list k
contractor, joint venture requirements requi
member, or Subcontractor to be met by to be
between 1st January [insert each member one m
year] and Application otherwise other
submission deadline, experience state: ”N/A”] state:
in managing ES risks and
impacts in the following aspects:
[Based on the ES assessment,
specify, as appropriate, specific
experience requirements to
manage ES aspects.]

Note: [For Multiple lots (contracts) specify financial and experience criteria for each lot
under Sub-Factors 3.1, 3.2, 4.2(a) and 4.2(b) and 4.2(c)]
9
Volume, number or rate of production of any key activity can be demonstrated in one or more contracts
combined if executed during same time period.
10
The minimum experience requirement for multiple contracts will be the sum of the minimum requirements for
respective individual contracts, unless specified otherwise.
Section III – Evaluation and Qualification Criteria 60
Section III – Evaluation and Qualification Criteria 61

5. Contractor’s Representative and Key Personnel

The Bidder must demonstrate that it will have a suitably qualified Contractor’s
Representative and suitably qualified (and in adequate numbers) Key Personnel, as
described in the Specification.
The Bidder shall provide details of the Contractor’s Representative and Key Personnel
and such other Key Personnel that the Bidder considers appropriate to perform the
Contract, together with their academic qualifications and work experience. The Bidder
shall complete the relevant Forms in Section IV, Bidding Forms.

6. Equipment

The Bidder must demonstrate that it has access to the key equipment listed hereafter:

[Specify requirements for each lot as applicable]

No Minimum Number
Equipment Type and Characteristics
. required
1
2
3
4
5

The Bidder shall provide further details of proposed items of equipment using Form EQU
in Section IV, Bidding Forms.
Section IV - Bidding Forms 63

Section IV - Bidding Forms

Table of Forms

Letter of Bid..............................................................................................63
Appendix to Bid.........................................................................................66
Schedule of Cost Indexation....................................................................................................66
Table A. Local Currency.........................................................................................................68
Table B. Foreign Currency (FC).............................................................................................69
Table C. Summary of Payment Currencies.............................................................................70
Bill of Quantities........................................................................................72
Bill No. 1: General Items........................................................................................................77
Bill No. 2: Earthworks............................................................................................................78
Bill No. 3: Culverts and Bridges..............................................................................................79
Schedule of Daywork Rates: 1. Labour..................................................................................83
Schedule of Daywork Rates: 2. Materials...............................................................................84
Schedule of Daywork Rates: 3. Contractor’s Equipment.......................................................85
Daywork Summary..................................................................................................................86
Summary of Specified Provisional Sums................................................................................87
in the Bill of Quantities............................................................................................................87
Grand Summary.......................................................................................................................88
Technical Proposal....................................................................................89
Site Organization.....................................................................................................................90
Method Statement....................................................................................................................91
Mobilization Schedule.............................................................................................................92
Construction Schedule.............................................................................................................93
ES Management Strategies and Implementation Plans...........................................................94
Code of Conduct for Contractor’s Personnel (ES) Form.........................................................95
Form EQU: Equipment............................................................................................................99
Form PER -1..........................................................................................................................100
Form PER-2:..........................................................................................................................102
Bidders Qualification without prequalification.........................................104
Section IV - Bidding Forms 64

Form ELI -1.1........................................................................................................................105

Form ELI -1.2........................................................................................................................106
Form CON – 2.......................................................................................................................107
Form CON – 3.....................................................................................................................109
Form FIN – 3.1:.....................................................................................................................111
Form FIN – 3.2:.....................................................................................................................113
Form FIN – 3.3:.....................................................................................................................114
Form FIN – 3.4:.....................................................................................................................115
Form EXP - 4.1....................................................................................................................116
Form EXP - 4.2(a)................................................................................................................117
Form EXP - 4.2(b)..............................................................................................................119
Form EXP - 4.2(c)..................................................................................................................121
Form of Bid Security - Demand Guarantee...........................................................................123
Form of Bid-Securing Declaration.........................................................................................125
Section IV - Bidding Forms 65

Letter of Bid
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]

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, declare that:

(a) No reservations: We have examined and have no reservations to the Bidding document,
including Addenda issued in accordance with ITB 8;

(b) Eligibility: We meet the eligibility requirements and have no conflict of interest in
accordance with ITB 4;

(c) Bid-Securing Declaration: We have not been suspended nor declared ineligible by the
Employer based on execution of a Bid-Securing or Proposal-Securing Declaration in the
Employer’s Country in accordance with ITB 4.7;

(d) Conformity: We offer to execute in conformity with the Bidding document and in
accordance with the implementation and completion specified in the construction schedule,
the following Works: [insert a brief description of the Works];

(e) Bid Price: The total price of our Bid, excluding any discounts offered in item (f) below is:
[Insert one of the options below as appropriate]

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];
Section IV - Bidding Forms 66

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];

(f) Discounts: The discounts offered and the methodology for their application are:

(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];

(g) Bid Validity: Our Bid shall be valid until [insert day, month and year in accordance with
ITB 18.1], and it shall remain binding upon us and may be accepted at any time before the
expiration of that period;

(h) Performance Security If our Bid is accepted, we commit to obtain a Performance Security
[and an Environmental and Social (ES) Performance Security, Delete if not applicable] in
accordance with the Bidding document;

(i) One Bid Per Bidder: We are not submitting any other Bid(s) as an individual Bidder, and
we are not participating in any other Bid(s) as a Joint Venture member or as a subcontractor,
and meet the requirements of ITB 4.3, other than alternative Bids submitted in accordance
with ITB 13;

(j) Suspension and Debarment: We, along with any of our subcontractors, suppliers,
consultants, manufacturers, or service providers for any part of the contract, are not subject
to, and not controlled by any entity or individual that is subject to, a temporary suspension or
a debarment imposed by the World Bank Group or a debarment imposed by the World Bank
Group in accordance with the Agreement for Mutual Enforcement of Debarment Decisions
between the World Bank and other development banks. Further, we are not ineligible under
the Employer’s Country laws or official regulations or pursuant to a decision of the United
Nations Security Council;

(k) State-owned enterprise or institution: [select the appropriate option and delete the other]
[We are not a state-owned enterprise or institution] / [We are a state-owned enterprise or
institution but meet the requirements of ITB 4.6];

(l) Commissions, gratuities, fees: We have paid, or will pay the following commissions,
gratuities, or fees with respect to the Bidding process or execution of the Contract: [insert
complete name of each Recipient, its full address, the reason for which each commission or
gratuity was paid and the amount and currency of each such commission or gratuity]

Name of Recipient Address Reason Amount

Section IV - Bidding Forms 67

(If none has been paid or is to be paid, indicate “none.”)

(m) Binding Contract: We understand that this Bid, together with your written acceptance
thereof included in your Letter of Acceptance, shall constitute a binding contract between us,
until a formal contract is prepared and executed;

(n) Not Bound to Accept: We understand that you are not bound to accept the lowest evaluated
cost Bid, the Most Advantageous Bid or any other Bid that you may receive;

(o) Fraud and Corruption: We hereby certify that we have taken steps to ensure that no person
acting for us or on our behalf engages in any type of Fraud and Corruption;

(p) Potential DAAB Members: We hereby propose the following three persons, whose
curriculum vitae are attached, as potential DAAB members:

Name Address
1. ……......
2. ………..
3. ………

Name of the Bidder: *[insert 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]

Date signed ________________________________ day of _______________________, _____

*: 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
Section IV - Bidding Forms 68

Appendix to Bid

Schedule of Cost Indexation

[Note to Employer: It is recommended that the Employer is advised by a professional with

experience in construction costs and the inflationary effect on construction costs when preparing
the contents of the Schedule of Cost Indexation. In the case of very large and/or complex works
contracts, it may be necessary to specify several families of price adjustment formulae
corresponding to the different works involved]

[The formulae for price adjustment shall be of the following general type:]

Pn= a + b Ln / Lo + c En/ Eo + d Mn/Mo + ........

where:

“Pn” is the adjustment multiplier to be applied to the estimated contract value in the relevant
currency of the work carried out in period “n”, this period being a month unless otherwise stated
in the Contract Data;

“a” is a fixed coefficient, stated in the relevant table of adjustment data, representing the non-
adjustable portion in contractual payments;

“b”, “c”, “d”, ... are coefficients representing the estimated proportion of each cost element
related to the execution of the Works as stated in the relevant table of adjustment data; such
tabulated cost elements may be indicative of resources such as labour, equipment and materials;

“Ln”, “En”, “Mn”, ... are the current cost indices or reference prices for period “n”, expressed in
the relevant currency of payment, each of which is applicable to the relevant tabulated cost
element on the date 49 days prior to the last day of the period (to which the particular Payment
Certificate relates); and

“Lo”, “Eo”, “Mo”, ... are the base cost indices or reference prices, expressed in the relevant
currency of payment, each of which is applicable to the relevant tabulated cost element on the
Base Date.

The cost indices or reference prices stated in the Table of Adjustment Data shall be used. If their
source is in doubt, it shall be determined by the Engineer. For this purpose, reference shall be
made to the values of the indices at stated dates (quoted in the fourth and fifth columns
respectively of the table).
Section IV - Bidding Forms 69

If the currency in which the Contract price is expressed is different from the currency of the
country of origin of the indices, a correction factor will be applied to avoid incorrect adjustments
of the Contract price. The correction factor shall be: Z0 / Z1, where,

Z0 = the number of units of currency of the origin of the indices which equal to one unit of the
currency of the Contract Price on the Base date, and

Z1 = the number of units of currency of the origin of the indices which equal to one unit of the
currency of the Contract Price on the Date of Adjustment.
Section IV - Bidding Forms 70

Table of Adjustment Data

[In Tables A, B, and C, below, the Bidder shall (a) indicate its amount of local currency
payment, (b) indicate its proposed source and base values of indices for the different foreign
currency elements of cost, (c) derive its proposed weightings for local and foreign currency
payment, and (d) list the exchange rates used in the currency conversion. In the case of very
large and/or complex works contracts, it may be necessary to specify several families of price
adjustment formulae corresponding to the different works involved.]

Table A. Local Currency

Index Index Source of Base value Bidder’s Bidder’s

code* description* index* and date* related proposed
currency weighting
amount
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 Bidder will be required to specify a value within the range such
that the total weighting = 1.00]
Section IV - Bidding Forms 71

Table B. Foreign Currency (FC)

State type: ....................... [If the Bidder is allowed to receive payment in foreign currencies this
table shall be used. If Bidder wishes to quote in more than one foreign currency (up to three
currencies permitted) then this table should be repeated for each foreign currency.]

Index Index Source of Base Bidder’s Equivalent Bidder’s

code description index value and related in FC1 proposed
date source weighting
currency in
type/amount
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 Bidder will be required to specify a value within the range such
that the total weighting = 1.00]
Section IV - Bidding Forms 72

Table C. Summary of Payment Currencies

Table: Alternative A

For ………………………. [insert name of Section of the Works]

A B C D
Name of Amount of Rate of Local currency Percentage of
payment currency exchange equivalent Total Bid Price
currency (local currency C=AxB (TBP)
per unit of 100xC
foreign) TBP
Local currency 1.00

Foreign
currency #1

Foreign
currency #2

Foreign
currency #

Total Bid Price 100.00

Provisional
sums expressed [To be [To be entered
in local entered by by the
currency the Employer]
Employer]
TOTAL BID
PRICE
(including
provisional
sum)
Section IV - Bidding Forms 73

Table: Alternative B

To be used only with Alternative B Prices directly quoted in the currencies of payment. (ITB
15.1)

Summary of currencies of the Bid for ___________ [insert name of Section of the Works]

Name of currency Amounts payable

Local currency:
Foreign currency #1:
Foreign currency #2:
Foreign currency #3:
Provisional sums expressed in local currency [To be entered by the Employer]
____________________________________
Section IV - Bidding Forms 74

Bill of Quantities
Notes for Preparing a Bill of Quantities

These Notes for Preparing a Bill of Quantities are intended only as information for the
Employer or the person drafting the bidding documents. They should not be included in
the final documents.
Objectives
The objectives of the Bill of Quantities are
(a) to provide sufficient information on the quantities of Works to be performed to enable
bids to be prepared efficiently and accurately; and
(b) when a contract has been entered into, to provide a priced Bill of Quantities for use in the
periodic valuation of Works executed.
In order to attain these objectives, Works should be itemized in the Bill of Quantities in
sufficient detail to distinguish between the different classes of Works, or between Works of the
same nature carried out in different locations or in other circumstances which may give rise to
different considerations of cost. Consistent with these requirements, the layout and content of
the Bill of Quantities should be as simple and brief as possible.
Content
The Bill of Quantities should be divided generally into the following sections:
(a) Preamble;
(b) Work Items (grouped into parts);
(c) Daywork Schedule; and
(d) Summary.
Preamble
The Preamble should indicate the inclusiveness of the unit prices and should state the methods of
measurement that have been adopted in the preparation of the Bill of Quantities and that are to be
used for the measurement of any part of the Works.
Rock
Where excavation, boring, or driving is included in the Works, a comprehensive definition of
rock (always a contentious topic in contract administration), should be provided in the Technical
Specification and this definition should be used for the purposes of measurement and payment.
Work Items
The items in the Bill of Quantities should be grouped into sections to distinguish between those
parts of the Works that by nature, location, access, timing, or any other special characteristics
may give rise to different methods of construction, phasing of the Works, or considerations of
Section IV - Bidding Forms 75

cost. General items common to all parts of the Works may be grouped as a separate section in
the Bill of Quantities. When a family of Price Adjustment Formulae are used, they should relate
to appropriate sections in the Bill of Quantities.
Quantities
Quantities should be computed net from the Drawings, unless directed otherwise in the Contract,
and no allowance should be made for bulking, shrinkage, or waste. Quantities should be rounded
up or down where appropriate and spurious accuracy should be avoided.
Units of Measurement
The following units of measurement and abbreviations are recommended for use (unless other
national units are mandatory in the country of the Employer).
Unit Abbreviation Unit Abbreviation
3
cubic meter m or cu m millimeter mm
hectare ha month mon
hour h number nr
kilogram kg square meter m2 or sq m
lump sum sum square millimeter mm2 or sq mm
meter m week wk
metric ton t
(1,000 kg)

Ground and Excavation Levels

The commencing surface should be identified in the description of each item for work involving
excavation, boring, or driving, for which the commencing surface is not also the original surface.
The excavated surface should be identified in the description of each item for work involving
excavation for which the excavated surface is not also the final surface. The depths of work
should be measured from the commencing surface to the excavated surface, as defined.
Daywork Schedule
A Daywork Schedule should be included if the probability of unforeseen work, outside the items
included in the Bill of Quantities, is relatively high. To facilitate checking by the Employer of
the realism of rates quoted by the bidders, the Daywork Schedule should normally comprise:
(a) a list of the various classes of labour, materials, and Contractor’s Equipment for which
basic Daywork rates or prices are to be inserted by the bidder, together with a statement
of the conditions under which the Contractor will be paid for work executed on a
Daywork basis; and
(b) a percentage to be entered by the bidder against each basic Daywork Subtotal amount for
labour, materials, and Plant representing the Contractor’s profit, overheads, supervision,
and other charges.
Section IV - Bidding Forms 76

Provisional Quantities and Sums

Provision for quantity contingencies in any particular item or class of work with a high
expectation of quantity overrun should be made by entering specific “Provisional Quantities” or
“Provisional Items” in the Bill of Quantities, and not by increasing the quantities for that item or
class of work beyond those of the work normally expected to be required. To the extent not
covered above, a general provision for physical contingencies (quantity overruns) should be
made by including a “Provisional Sum” in the Summary of the Bill of Quantities. Similarly, a
contingency allowance for possible price increases should be provided as a “Provisional Sum” in
the Summary of the Bill of Quantities. The inclusion of such Provisional Sums often facilitates
budgetary approval by avoiding the need to request periodic supplementary approvals as the
future need arises.
The estimated cost of specialized work to be carried out, or of special goods to be supplied, by a
Nominated Subcontractor should be specified in the relevant part of the Bill of Quantities as a
particular Provisional Sum with an appropriate brief description. A separate bidding procedure
is normally carried out by the Employer to select the specialists, who are then nominated as
subcontractors to the main or prime contractor. To provide an element of competition among the
main bidders (or prime contractors) in respect of any facilities, amenities, attendance, etc., to be
provided by the successful bidder as prime contractor for the use and convenience of the
specialist or nominated subcontractor, each related Provisional Sum should be following by an
item in the Bill of Quantities inviting a percentage (to be quoted by the main bidder) payable on
the actual expenditure from the Provisional Sum.
The provisional sums shall also include an estimated amount to cover the Employer’s portion
(50%) of DAAB’s fees and expenses.
Summary
The Summary should contain a tabulation of the separate parts of the Bill of Quantities carried
forward, with provisional sums for Daywork, for physical (quantity) contingencies, and for price
contingencies (upward price adjustment) where applicable, including DAAB fees and expenses.
Section IV - Bidding Forms 77

Sample Bill of Quantities

A. Preamble

1. The Bill of Quantities shall be read in conjunction with the Instructions to Bidders, General
and Particular Conditions, Technical Specifications, and Drawings.
2. The quantities given in the Bill of Quantities are estimated and provisional, and are given to
provide a common basis for bidding. The basis of payment will be the actual quantities of
work ordered and carried out, as measured by the Contractor and verified by the Engineer
and valued at the rates and prices bid in the priced Bill of Quantities, where applicable, and
otherwise at such rates and prices as the Engineer may fix within the terms of the Contract.
3. The rates and prices bid in the priced Bill of Quantities shall, except insofar as it is otherwise
provided under the Contract, include all Constructional Plant, labour, supervision, materials,
erection, maintenance, insurance, profit, taxes, and duties, together with all general risks,
liabilities, and obligations set out or implied in the Contract.
4. A rate or price shall be entered against each item in the priced Bill of Quantities, whether
quantities are stated or not. The cost of Items against which the Contractor has failed to enter
a rate or price shall be deemed to be covered by other rates and prices entered in the Bill of
Quantities.
5. The whole cost of complying with the provisions of the Contract shall be included in the
Items provided in the priced Bill of Quantities, and where no Items are provided, the cost
shall be deemed to be distributed among the rates and prices entered for the related Items of
Work.
6. General directions and descriptions of work and materials are not necessarily repeated nor
summarized in the Bill of Quantities. References to the relevant sections of the Contract
documentation shall be made before entering prices against each item in the priced Bill of
Quantities.
7. Provisional Sums included and so designated in the Bill of Quantities shall be expended in
whole or in part at the direction and discretion of the Engineer in accordance with Sub-
Clauses 13.4 and 13.5 of the General Conditions except with respect to DAAB Fees and
Expenses for which no instruction will be required from the Engineer.
8. The method of measurement of completed work for payment shall be in accordance with
[insert the name of a standard reference guide, or full details of the methods to be used].1

B. Work Items
1. The Bill of Quantities usually contains the following part Bills, which have been grouped
according to the nature or timing of the work:
1
The method of measurement should be spelled out precisely in the Preamble to the Bill of Quantities, describing
for example the allowances (if any) for timbering in excavation, etc. Many national standard reference guides
have been prepared on the subject, and one such guide is the Standard Method of Measurement of the U.K.
Institution of Civil Engineers.
Section IV - Bidding Forms 78

Bill No. 1—General Items;

Bill No. 2—Earthworks;
Bill No. 3—Culverts and Bridges;
Bill No. 4—etc., as required;
Daywork Schedule; and
Summary Bill of Quantities.

2. If BDS-ITB 15.1 (a) applies, Bidders shall price the Bill of Quantities in local currency
only and shall indicate in the Appendix to Bid the percentage expected for payment in foreign
currency or currencies. If BDS-ITB 15.1 (b) applies Bidders shall price the Bill of Quantities in
the applicable currency or currencies.

[Note to the Employer: The tables in BOQ must be prepared in accordance with the currency
alternative retained in BDS – ITB 15.1.]
Section IV - Bidding Forms 79

Bill of Quantities
Bill No. 1: General Items

Item no. Description Unit Quantity Rate Amount

Total for Bill No. 1

(carried forward to Summary, p. )
Section IV - Bidding Forms 80

Bill No. 2: Earthworks

Item no. Description Unit Quantity Rate Amount

Total for Bill No. 2

(carried forward to Summary, p. )
Section IV - Bidding Forms 81

Bill No. 3: Culverts and Bridges

Item no. Description Unit Quantity Rate Amount

Total for Bill No. 3

(carried forward to Summary, p. )
Section IV - Bidding Forms 82

Daywork Schedule
[Note to the Employer:

(i) A “Daywork Schedule” is commonly found in contracts where the likely incidence of
unforeseen work cannot be covered by definitive descriptions and approximate quantities
in the Bill of Quantities. The preferred alternative is to value the additional work in
accordance with the Conditions of Contract. A Daywork Schedule normally has the
disadvantage of not being competitive among bidders, who may therefore load the rates
assigned to some or all the items. If a Daywork Schedule is to be included at all in the
bidding documents, it is preferable to include nominal quantities against the items most
likely to be used, and to carry the sum of the extended amounts forward into the Bid
Summary in order to make the basic Schedule of Daywork Rates competitive.
(ii) The total amount assigned to such competitive daywork is normally 3–5 percent of the
estimated base Contract Price and is regarded as a Provisional Sum for contingencies to
be expended under the direction and at the discretion of the Engineer.]

General

1. Reference should be made to Sub-Clause 13.5 of the General Conditions. Work shall not be
executed on a daywork basis except by written order of the Engineer. Bidders shall enter
basic rates for daywork items in the Schedules, which rates shall apply to any quantity of
daywork ordered by the Engineer. Nominal quantities have been indicated against each
item of daywork, and the extended total for Daywork shall be carried forward as a
Provisional Sum to the Summary Total Bid Amount. Unless otherwise adjusted, payments
for daywork shall be subject to price adjustment in accordance with the provisions in the
Conditions of Contract.

Daywork Labour

2. In calculating payments due to the Contractor for the execution of daywork, the hours for
labour will be reckoned from the time of arrival of the labour at the job site to execute the
particular item of daywork to the time of return to the original place of departure, but
excluding meal breaks and rest periods. Only the time of classes of labour directly doing
work ordered by the Engineer and for which they are competent to perform will be
measured. The time of gangers (charge hands) actually doing work with the gangs will also
be measured but not the time of foremen or other supervisory personnel.

3. The Contractor shall be entitled to payment in respect of the total time that labour is
employed on daywork, calculated at the basic rates entered by the Contractor in the
Schedule of Daywork Rates: 1. Labour, together with an additional percentage payment
on basic rates representing the Contractor’s profit, overheads, etc., as described below:

(a) The basic rates for labour shall cover all direct costs to the Contractor, including (but
not limited to) the amount of wages paid to such labour, transportation time,
overtime, subsistence allowances, and any sums paid to or on behalf of such labour
Section IV - Bidding Forms 83

for social benefits in accordance with [country of Borrower] law. The basic rates will be
payable in local currency only.

(b) The additional percentage payment to be quoted by the bidder and applied to costs
incurred under (a) above shall be deemed to cover the Contractor’s profit, overheads,
superintendence, liabilities, and insurances and allowances to labour, timekeeping,
and clerical and office work, the use of consumable stores, water, lighting, and
power; the use and repair of stagings, scaffolding, workshops, and stores, portable
power tools, manual plant, and tools; supervision by the Contractor’s staff, foremen,
and other supervisory personnel; and charges incidental to the foregoing. Payments
under this item shall be made in the following currency proportions:
(i) foreign: percent (to be stated by bidder).2
(ii) local: percent (to be stated by bidder).

[Note to the Employer:

This method of indicating profit and overheads separately facilitates the addition of further
items of daywork, if needed, the basic costs of which can then be checked more easily. An
alternative is to make Daywork rates all-inclusive of the Contractor’s overhead and profit,
etc., in which case this paragraph and the relevant Daywork Schedule should be modified
accordingly.]

Daywork Materials

4. The Contractor shall be entitled to payment in respect of materials used for daywork (except
for materials for which the cost is included in the percentage addition to labour costs as
detailed heretofore), at the basic rates entered by the Contractor in the Schedule of
Daywork Rates: 2. Materials, together with an additional percentage payment on the basic
rates to cover overhead charges and profit, as follows:

(a) the basic rates for materials shall be calculated on the basis of the invoiced price,
freight, insurance, handling expenses, damage, losses, etc., and shall provide for
delivery to store for stockpiling at the Site. The basic rates shall be stated in local
currency, but payment will be made in the currency or currencies expended upon
presentation of supporting documentation.
(b) the additional percentage payment shall be quoted by the bidder and applied to the
equivalent local currency payments made under (a) above. Payments under this item
will be made in the following currency proportions:

(i) foreign: percent (to be stated by the bidder);3

2
The bidder shall state the percentage in a common foreign currency equivalent required for payment and the
exchange rates and official sources used.
3
The bidder shall state the percentage in a single foreign currency equivalent and the exchange rates and official
sources used.
Section IV - Bidding Forms 84

(ii) local: percent (to be stated by the bidder);

(c) the cost of hauling materials for use on work ordered to be carried out as daywork
from the store or stockpile on the Site to the place where it is to be used will be paid
in accordance with the terms for Labour and Construction in this schedule.

Daywork Contractor’s Equipment

5. The Contractor shall be entitled to payments in respect of Contractor’s Equipment already

on Site and employed on daywork at the basic rental rates entered by the Contractor in the
Schedule of Daywork Rates: 3. Contractor’s Equipment. Said rates shall be deemed to
include due and complete allowance for depreciation, interest, indemnity, and insurance,
repairs, maintenance, supplies, fuel, lubricants, and other consumables, and all overhead,
profit, and administrative costs related to the use of such equipment. [Note to the Employer:
This is an example of wording to include overhead and profit, etc., in the daywork rates. A
separate percentage addition could be used as for labour and materials.] The cost of drivers,
operators, and assistants will be paid for separately as described under the section on
Daywork Labour. [Note to the Employer: An alternative, sometimes adopted for
administrative convenience, is to include the cost of drivers, operators, and assistants in the
basic rates for Contractor’s Equipment. The last sentence of this paragraph 5 should then be
modified accordingly.]

6. In calculating the payment due to the Contractor for Contractor’s Equipment employed on
daywork, only the actual number of working hours will be eligible for payment, except that
where applicable and agreed with the Engineer, the travelling time from the part of the Site
where the Contractor’s Equipment was located when ordered by the Engineer to be
employed on daywork and the time for return journey thereto shall be included for payment.

7. The basic rental rates for Contractor’s Equipment employed on daywork shall be stated in
local currency, but payments to the Contractor will be made in currency proportions, as
follows:

(a) foreign: percent (to be stated by the bidder).4

(b) local: percent (to be stated by the bidder).

4
The bidder shall state the percentage in a single foreign currency equivalent and the exchange rates and official
sources used.
Section IV - Bidding Forms 85

Schedule of Daywork Rates: 1. Labour

Item no. Description Unit Nominal Rate Extended

quantity amount

Subtotal
a
D122 Allow percent of Subtotal for Contractor’s overhead,
profit, etc., in accordance with paragraph 3 (b) above.

Total for Daywork: Labour

(carried forward to Daywork Summary, p. )

a. To be entered by the Bidder.

Section IV - Bidding Forms 86

Schedule of Daywork Rates: 2. Materials

Item no. Description Unit Nominal Rate Extended

quantity amount

Subtotal
a
Allow percent of Subtotal for Contractor’s overhead,
profit, etc., in accordance with paragraph 4 (b) above.

Total for Daywork: Materials

(carried forward to Daywork Summary, p. )

a. To be entered by the Bidder.

Section IV - Bidding Forms 87

Schedule of Daywork Rates: 3. Contractor’s Equipment

Item no. Description Nominal Basic Extended

quantity hourly amount
(hours) rental rate

Allow percenta of Subtotal for

Contractor’s overhead, profit, etc., in
accordance with paragraph 5 above.

Total for Daywork: Contractor’s Equipment

(carried forward to Daywork Summary, p. )

a. To be entered by the Bidder.

Section IV - Bidding Forms 88

Daywork Summary

Amounta %
( ) Foreign
1. Total for Daywork: Labour
2. Total for Daywork: Materials
3. Total for Daywork: Contractor’s Equipment
Total for Daywork (Provisional Sum)
(carried forward to Bid Summary, p. )

a. The Employer should insert local currency unit.

Section IV - Bidding Forms 89

Summary of Specified Provisional Sums

in the Bill of Quantities

Bill no. Item no. Description Amount

1

4
[To be entered by the Employer] provisional sums for
the Employer’s portion of DAAB costs
[To be entered by the Employer; Delete if not
applicable:] provisional sums for additional ES
outcomes.

etc.

Total for Specified Provisional Sums

(carried forward to Grand Summary (B), p. )
Section IV - Bidding Forms 90

Grand Summary

Contract Name:

Contract No.:

General Summary Page Amount

Bill No. 1:
Bill No. 2:
Bill No. 3:
—etc.—
Subtotal of Bills (A)
Total for Daywork (Provisional Sum) * (B)
ii
Specified Provisional Sums not included in subtotal of bills (C) [sum]
Total of Bills Plus Provisional Sums (A + B + C) i (D)
ii
Add Provisional Sum for Contingency Allowance (if any) (E) [sum]
Bid Price (D + E) (Carried forward to Letter of Bid) (F)

i) All Provisional Sums are to be expended in whole or in part at the direction and discretion of the Engineer
in accordance with Sub-Clauses 13.4 and 13.5 of the General Conditions except with respect to DAAB Fees
and Expenses for which Sub-Clause 13.4 of the Particular Conditions – Part B shall apply.
ii) To be entered by the Employer.
* For evaluation purposes, Provisional Sum, other than Daywork will be excluded
Section IV - Bidding Forms 91

Technical Proposal

- Site Organization

- Method Statement

- Mobilization Schedule

- Construction Schedule

- ES Management Strategies and Implementation Plans

- Code of Conduct for Contractor’s Personnel (ES)

- Equipment

- Key Personnel Schedule

- Others
Section IV - Bidding Forms 92

Site Organization
[insert Site Organization information]
Section IV - Bidding Forms 93

Method Statement
[insert Method Statement]
Section IV - Bidding Forms 94

Mobilization Schedule
[insert Mobilization Schedule]
In accordance with the Particular Conditions, Sub-Clause 4.1, the Contractor shall not carry out
mobilization to Site unless the Engineer gives consent that appropriate measures are in place to
address environmental and social risks and impacts, which as a minimum shall include applying
the Management Strategies and Implementation Plans (MSIPs) and Code of Conduct for
Contractor’s Personnel, submitted as part of the Bid and agreed as part of the Contract.
Section IV - Bidding Forms 95

Construction Schedule

[insert Construction Schedule]

The construction schedule shall include the following key milestones:

 No-objection to the Contractor’s MSIPs, which collectively form the C-ESMP, in
accordance with the Particular Conditions – Special provisions Sub-Clause 4.1.
 Constitution of the DAAB
Section IV - Bidding Forms 96

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 (h) 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 Works Requirements in
Section VII.
Section IV - Bidding Forms 97

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, Sexual Exploitation and Abuse (SEA), Sexual Harassment (SH)
etc.
Delete this Box prior to issuance of the bidding documents.
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.

CODE OF CONDUCT FOR CONTRACTOR’S PERSONNEL

We are the Contractor, [enter name of Contractor]. We have signed a contract with [enter name
of Employer] for [enter description of the Works]. These Works will be carried out at [enter the
Site and other locations where the Works will be carried out]. Our contract requires us to
implement measures to address environmental and social risks related to the Works, including
the risks of sexual exploitation, sexual abuse and sexual harassment.

This Code of Conduct is part of our measures to deal with environmental and social risks related
to the Works. It applies to all our staff, labourers and other employees at the Works Site or other
places where the Works are being carried out. It also applies to the personnel of each
subcontractor and any other personnel assisting us in the execution of the Works. All such
persons are referred to as “Contractor’s Personnel” and are subject to this Code of Conduct.

This Code of Conduct identifies the behavior that we require from all Contractor’s Personnel.

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 shall:
1. carry out his/her duties competently and diligently;
Section IV - Bidding Forms 98

2. comply with this Code of Conduct and all applicable laws, regulations and other
requirements, including requirements to protect the health, safety and well-being of other
Contractor’s Personnel and any other person;
3. maintain a safe working environment including by:
a. ensuring that workplaces, machinery, equipment and processes under each
person’s control are safe and without risk to health;
b. wearing required personal protective equipment;
c. using appropriate measures relating to chemical, physical and biological
substances and agents; and
d. following applicable emergency operating procedures.
4. report work situations that he/she believes are not safe or healthy and remove
himself/herself from a work situation which he/she reasonably believes presents an
imminent and serious danger to his/her life or health;
5. treat other people with respect, and not discriminate against specific groups such as
women, people with disabilities, migrant workers or children;
6. not engage in Sexual Harassment, which means unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature with other
Contractor’s or Employer’s Personnel;
7. not engage in Sexual Exploitation, which means 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;
8. not engage in Sexual Abuse, which means the actual or threatened physical intrusion of a
sexual nature, whether by force or under unequal or coercive conditions;
9. not engage in any form of sexual activity with individuals under the age of 18, except in
case of pre-existing marriage;
10. complete relevant training courses that will be provided related to the environmental and
social aspects of the Contract, including on health and safety matters, Sexual Exploitation
and Abuse (SEA), and Sexual Harassment (SH);
11. report violations of this Code of Conduct; and
12. not retaliate against any person who reports violations of this Code of Conduct, whether
to us or the Employer, or who makes use of the grievance mechanism for Contractor’s
Personnel or the project’s Grievance Redress Mechanism.
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:
1. Contact [enter name of the Contractor’s Social Expert with relevant experience in handling
sexual exploitation, sexual abuse and sexual harassment cases, or if such person is not
Section IV - Bidding Forms 99

required under the Contract, another individual designated by the Contractor to handle
these matters] in writing at this address [ ] or by telephone at [ ] or in person at [ ]; or
2. Call [ ] to reach the Contractor’s hotline (if any) and leave a message.

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 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 Sexual Exploitation and Abuse (SEA) and behaviors and

behaviors constituting Sexual Harassment (SH)
Section IV - Bidding Forms 100

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.

(1) Examples of sexual exploitation and abuse include, but are not limited to:
 A Contractor’s Personnel tells a member of the community that he/she can get them jobs related
to the work site (e.g. cooking and cleaning) in exchange for sex.
 A Contractor’s Personnel that is connecting electricity input to households says that he can
connect women headed households to the grid in exchange for sex.
 A Contractor’s Personnel rapes, or otherwise sexually assaults a member of the community.
 A Contractor’s Personnel denies a person access to the Site unless he/she performs a sexual favor.
 A Contractor’s Personnel tells a person applying for employment under the Contract that he/she
will only hire him/her if he/she has sex with him/her.

(2) Examples of sexual harassment in a work context

 Contractor’s Personnel comment on the appearance of another Contractor’s Personnel (either
positive or negative) and sexual desirability.
 When a Contractor’s Personnel complains about comments made by another Contractor’s
Personnel on his/her appearance, the other Contractor’s Personnel comment that he/she is “asking
for it” because of how he/she dresses.
 Unwelcome touching of a Contractor’s or Employer’s Personnel by another Contractor’s
Personnel.
 A Contractor’s Personnel tells another Contractor’s Personnel that he/she will get him/her a
salary raise, or promotion if he/she sends him/her naked photographs of himself/herself.
Section IV - Bidding Forms 101

Form EQU: Equipment

The Bidder shall provide adequate information to demonstrate clearly that it has the capability to
meet the requirements for the key 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 Name of manufacturer Model and power rating

information
Capacity Year of manufacture

Current Current location

status
Details of current commitments

Source Indicate source of the equipment

oo Owned oo Rented oo Leased oo 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
 Section IV - Bidding Forms 102

Form PER -1

Contractor’s Representative and Key Personnel

Schedule

Bidders should provide the names and details of the suitably qualified Contractor’s Representative
and Key Personnel to perform the Contract. The data on their experience should be supplied using
the Form PER-2 below for each candidate.

Contractor’ Representative and Key Personnel

1. 1. Title of position: Contractor’s Representative

Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position will be
appointment: engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level
schedule for this Gantt chart]
position:
2. 2. Title of position: [Environmental Specialist]
Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position will be
appointment: engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level
schedule for this Gantt chart]
position:
3. 3. Title of position: [Health and Safety Specialist]
Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position will be
appointment: engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level
schedule for this Gantt chart]
position:
4. 4. Title of position: [Social Specialist]
Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position will be
appointment: engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
 Section IV - Bidding Forms 103

Expected time [insert the expected time schedule for this position (e.g. attach high level
schedule for this Gantt chart]
position:
5. 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 with relevant experience in addressing sexual exploitation, sexual abuse and sexual harassment
cases]

Name of candidate
Duration of [insert the whole period (start and end dates) for which this position will be
appointment: engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level
schedule for this Gantt chart]
position:
6. 5. Title of position: [insert title]
Name of candidate
Duration of [insert the whole period (start and end dates) for which this position will be
appointment: engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level
schedule for this Gantt chart]
position:
Section IV - Bidding Forms 104

Form PER-2:
Resume and Declaration
Contractor’s Representative and Key Personnel

Name of Bidder

Position [#1]: [title of position from Form PER-1]

Personnel Name: Date of birth:

information
Address: E-mail:

Professional qualifications:

Academic qualifications:

Language proficiency: [language and levels of speaking, reading and writing

skills]

Details
Address of employer:

Telephone: Contact (manager / personnel

officer):
Fax:

Job title: Years with present employer:

Summarize professional experience in reverse chronological order. Indicate particular technical

and managerial experience relevant to the project.
Duration of
Project Role Relevant experience
involvement
[main [role and
[describe the experience relevant to this
project responsibilities on the [time in role]
position]
details] project]
Section IV - Bidding Forms 105

Declaration

I, the undersigned [insert either “Contractor’s Representative” or “Key Personnel” as

applicable], certify that to the best of my knowledge and belief, the information contained in this
Form PER-2 correctly describes myself, my qualifications and my experience.
I confirm that I am available as certified in the following table and throughout the expected time
schedule for this position as provided in the Bid:
Commitment Details
Commitment to duration of [insert period (start and end dates) for which this
contract: Contractor’s Representative or Key Personnel is
available to work on this contract]
Time commitment: [insert period (start and end dates) for which this
Contractor’s Representative or Key Personnel is
available to work on this contract]

I understand that any misrepresentation or omission in this Form may:

1. be taken into consideration during Bid evaluation;
2. result in my disqualification from participating in the Bid
3. result in my dismissal from the contract.

Name of Contractor’s Representative or Key Personnel: [insert name]

Signature: __________________________________________________________

Date: (day month year): _______________________________________________

Countersignature of authorized representative of the Bidder:

Signature: ________________________________________________________
Date: (day month year): ______________________________________________
Section IV - Bidding Forms 106

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.
Section IV - Bidding Forms 107

Form ELI -1.1

Bidder Information Form

Date: _________________
RFB No. and title: _________________
Page __________of _______________pages

Bidder's name
In case of Joint Venture (JV), name of each member:
Bidder's actual or intended country of registration:
[indicate country of Constitution]
Bidder's actual or intended year of incorporation:

Bidder's legal address [in country of registration]:

Bidder's authorized representative information

Name: _____________________________________
Address: ___________________________________
Telephone/Fax numbers: _______________________
E-mail address: ______________________________
1. 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:
 Legal and financial autonomy
 Operation under commercial law
 Establishing that the Bidder is not under the supervision of the Employer
2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
[If required under BDS ITB 47.1, the successful Bidder shall provide additional information on
beneficial ownership, using the Beneficial Ownership Disclosure Form.]
Section IV - Bidding Forms 108

Form ELI -1.2

Bidder's JV Information Form

(to be completed for each member of Bidder’s JV)

Date: _______________
RFB No. and title: __________________
Page _______________ of ____________ pages

Bidder’s JV name:

JV member’s name:

JV member’s country of registration:

JV member’s year of constitution:

JV member’s legal address in country of constitution:

JV member’s authorized representative information

Name: ____________________________________
Address: __________________________________
Telephone/Fax numbers: _____________________
E-mail address: _____________________________
1. 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.
2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership. [If
required under BDS ITB 47.1, the successful Bidder shall provide additional information on beneficial
ownership for each JV member using the Beneficial Ownership Disclosure Form.]
Section IV - Bidding Forms 109

Form CON – 2

Historical Contract Non-Performance, Pending Litigation

and Litigation History
Bidder’s Name: ________________
Date: ______________________
JV Member’s Name_________________________
RFB No. and title: ___________________________
Page _______________of ______________pages

Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria
 Contract non-performance did not occur since 1 st 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, requirement 2.1
Year Non- Contract Identification Total Contract
performed Amount (current
portion of value, currency,
contract exchange rate
and US$
equivalent)
[insert [insert amount Contract Identification: [indicate complete contract [insert amount]
year] and percentage] 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)]
Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria
 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-
Factor 2.3.
 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-
Factor 2.3 as indicated below.
Section IV - Bidding Forms 110

Year of Amount in Contract Identification Total Contract

dispute dispute Amount
(currency) (currency), USD
Equivalent
(exchange rate)
Contract Identification: _________
Name of Employer: ____________
Address of Employer: __________
Matter in dispute: ______________
Party who initiated the dispute: ____
Status of dispute: ___________
Contract Identification:
Name of Employer:
Address of Employer:
Matter in dispute:
Party who initiated the dispute:
Status of dispute:
Litigation History in accordance with Section III, Evaluation and Qualification Criteria
 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria,
Sub-Factor 2.4.
 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-
Factor 2.4 as indicated below.
Year of Outcome as Contract Identification Total Contract
award percentage of Net Amount
Worth (currency), USD
Equivalent
(exchange rate)
[insert [insert Contract Identification: [indicate [insert amount]
year] percentage] 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)]
Section IV - Bidding Forms 111

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, Qualification Criteria, and Requirements
 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, 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 or Social (ES) performance since the date specified in Section III, Qualification
Criteria, and Requirements, Sub-Factor 2.5. Details are described below:
Year Suspended or Contract Identification Total Contract
terminated Amount (current
portion of value, currency,
contract exchange rate
and US$
equivalent)
[insert [insert amount Contract Identification: [indicate complete contract [insert amount]
year] and percentage] 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 [insert amount Contract Identification: [indicate complete contract [insert amount]
year] and percentage] name/ number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Section IV - Bidding Forms 112

Reason(s) for suspension or termination: [indicate

main reason(s)]
… … [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 Contract Identification: [indicate complete contract name/ number, and [insert amount]
year] 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]
Section IV - Bidding Forms 113

Form FIN – 3.1:

Financial Situation and Performance

Bidder’s Name: ________________
Date: ______________________
JV Member’s Name_________________________
RFB No. and title: ___________________________
Page _______________of ______________pages

1. Financial data

Type of Financial information Historic information for previous _________years,

in ______________
(currency) (amount in currency, currency, exchange rate*, USD
equivalent)
Year 1 Year 2 Year 3 Year4 Year 5

Statement of Financial Position (Information from Balance Sheet)

Total Assets (TA)

Total Liabilities (TL)

Total Equity/Net Worth (NW)

Current Assets (CA)

Current Liabilities (CL)

Working Capital (WC)

Information from Income Statement

Total Revenue (TR)

Profits Before Taxes (PBT)

Cash Flow Information

Section IV - Bidding Forms 114

Cash Flow from Operating

Activities

*Refer to ITB 15 for the exchange rate

2. Sources of Finance

Specify sources of finance to meet the cash flow requirements on works currently in progress
and for future contract commitments.

No. Source of finance Amount (US$ equivalent)

2. Financial documents

The Bidder and its parties shall provide copies of financial statements for ___________years pursuant
Section III, Evaluation and Qualifications Criteria, Sub-factor 3.1. The financial statements shall:

(a) reflect the financial situation of the Bidder or in case of JV member, and not an affiliated
entity (such as parent company or group member).

(b) be independently audited or certified in accordance with local legislation.

(c) be complete, including all notes to the financial statements.

(d) correspond to accounting periods already completed and audited.

 Attached are copies of financial statements1 for the ____________years required above; and
complying with the requirements

1
If the most recent set of financial statements is for a period earlier than 12 months from the date of Bid, the
reason for this should be justified.
Section IV - Bidding Forms 115

Form FIN – 3.2:

Average Annual Construction Turnover

Bidder’s Name: ________________
Date: ______________________
JV Member’s Name_________________________
RFB No. and title: ___________________________
Page _______________of ______________pages

Annual turnover data (construction only)

Year Amount Exchange rate USD equivalent
Currency
[indicate [insert amount and indicate
year] currency]

Average
Annual
Construction
Turnover *

* See Section III, Evaluation and Qualification Criteria, Sub-Factor 3.2.

Section IV - Bidding Forms 116

Form FIN – 3.3:

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
construction cash flow demands of the subject contract or contracts as specified in Section III,
Evaluation and Qualification Criteria

Financial Resources
No. Source of financing Amount (US$ equivalent)

3
Section IV - Bidding Forms 117

Form FIN – 3.4:

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.

Current Contract Commitments

Value of
Average Monthly
Employer’s Outstanding Estimated
Invoicing Over Last
No. Name of Contract Contact Address, Tel, Work Completion
Six Months
Fax [Current US$ Date
[US$/month)]
Equivalent]
1

5
Section IV - Bidding Forms 118

Form EXP - 4.1

General Construction Experience

Bidder’s Name: ________________
Date: ______________________
JV Member’s Name_________________________
RFB No. and title: ___________________________
Page _______________of ______________pages

Starting Ending Contract Identification Role of

Year Bidder
Year
Contract name: ____________________
Brief Description of the Works performed by the
Bidder: _____________________________
Amount of contract: ___________________
Name of Employer: ____________________
Address: _____________________________
Contract name: _________________________
Brief Description of the Works performed by the
Bidder: _____________________________
Amount of contract: ___________________
Name of Employer: ___________________
Address: _________________________
Contract name: ________________________
Brief Description of the Works performed by the
Bidder: __________________________
Amount of contract: ___________________
Name of Employer: ___________________
Address: _________________________
Section IV - Bidding Forms 119

Form EXP - 4.2(a)

Specific Construction and Contract Management

Experience
Bidder’s Name: ________________
Date: ______________________
JV Member’s Name_________________________
RFB No. and title: ___________________________
Page _______________of ______________pages

Similar Contract No. Information

Contract Identification
Award date
Completion date
Role in Contract Prime Member in Management
Subcontra
Contractor JV Contractor
ctor 
  
Total Contract Amount US$
If member in a JV or Subcontractor,
specify participation in total
Contract amount
Employer's Name:
Address:
Telephone/fax number
E-mail:
Section IV - Bidding Forms 120

Form EXP - 4.2(a) (cont.)

Specific Construction and Contract Management

Experience (cont.)
Similar Contract No. Information

Description of the similarity in

accordance with Sub-Factor 4.2(a) of
Section III:
1. Amount
2. Physical size of required works items
3. Complexity
4. Methods/Technology
5. Construction rate for key activities
6. Other Characteristics
Section IV - Bidding Forms 121

Form EXP - 4.2(b)

Construction Experience in Key Activities

Bidder's Name: ________________
Date: ___________________
Bidder's JV Member Name: __________________
Subcontractor's Name2 (as per ITB 34): ________________
RFB No. and title: _____________________

Page __________________of ________________pages

All Subcontractors for key activities must complete the information in this form as per ITB 34
and Section III, Evaluation and Qualification Criteria, Sub-Factor 4.2.

1. Key Activity No One: ________________________

Information
Contract Identification
Award date
Completion date
Role in Contract Prime Member in Management
Subcontractor
Contractor JV Contractor

  
Total Contract Amount
US$

Quantity (Volume, number or rate of Total quantity in Percentage Actual

production, as applicable) performed the contract participation Quantity
under the contract per year or part of the (i) (ii) Performed
year (i) x (ii)

Year 1
Year 2
Year 3
Year 4
Employer’s Name:

2
If applicable
Section IV - Bidding Forms 122

Information
Address:
Telephone/fax number
E-mail:

Information

Description of the key activities in

accordance with Sub-Factor 4.2(b) of
Section III:

2. Activity No. Two

3. …………………
Section IV - Bidding Forms 123

Form EXP - 4.2(c)

Specific Experience in Managing ES aspects

[The following table shall be filled in for contracts performed by the Bidder, and each
member of a Joint Venture]

Bidder's Name: ________________

Date: ___________________
Bidder's JV Member Name: __________________
RFB No. and title: _____________________
Page __________________of ________________pages

1. Key Requirement no 1 in accordance with 4.2 (c): ______________________

Contract Identification
Award date
Completion date
Role in Contract Prime Member in Management
Subcontractor
Contractor JV Contractor

  
Total Contract Amount
US$

Details of relevant experience

2. Key Requirement no 2 in accordance with 4.2 (c): ______________________

3. Key Requirement no 3 in accordance with 4.2 (c): ______________________
4. …
Section IV - Bidding Forms 125

Form of Bid Security - Demand Guarantee

Beneficiary: __________________________

Request for Bids No: ________________________________________

Date: __________________________

BID GUARANTEE No.: __________________________

Guarantor: ________________________________________________

We have been informed that __________________________ (hereinafter called "the Applicant")

has submitted or will submit to the Beneficiary its Bid (hereinafter called "the Bid") for the
execution of ________________ under Request for Bids No. ___________ (“the RFB”).

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 Applicant:

(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 and, if
required, the Environmental and Social (ES) 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 and, if
required, the Environmental and Social (ES) Performance Security, issued to the Beneficiary in
relation to such contract agreement; or (b) if the Applicant is 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.
Section IV - Bidding Forms 126

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision,
ICC Publication No. 758.

_____________________________

[signature(s)]
Section IV - Bidding Forms 127

Form of Bid-Securing Declaration

Date: _______________
RFB No.: ________________
Alternative No.: ________________

To:

We, the undersigned, declare that:

We understand that, according to your conditions, Bids must be supported by a Bid-Securing

Declaration.

We accept that we will automatically be suspended from being eligible for Bidding, or
submitting Proposals in any contract with the Employer for the period of time of
______________ starting on _________, if we are in breach of our obligation(s) under the Bid
conditions, because we:

(a) have withdrawn our Bid prior to the expiry date of the Bid validity specified in the Letter of
Bid or any extended date provided by us; or

(b) having been notified of the acceptance of our Bid by the Employer prior to the expiry date
of the Bid validity in the Letter of Bid or any extended date provided by us, (i) fail or
refuse to execute the Contract, if required, or (ii) fail or refuse to furnish the Performance
Security and, if required, the Environmental and Social (ES) Performance Security, in
accordance with the ITB 48.

We understand this Bid-Securing Declaration shall expire if we are not the successful Bidder,
upon the earlier of (i) our receipt of your notification to us of the name of the successful Bidder;
or (ii) twenty-eight days after the expiry date of the Bid validity.

Name of the Bidder*

Name of the person duly authorized to sign the Bid on behalf of the Bidder** _______

Title of the person signing the Bid ______________________

Signature of the person named above ______________________

Date signed ________________________________ day of ___________________, _____

*: 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 attached to the Bid
Section IV - Bidding Forms 128

[Note: In case of a Joint Venture, the Bid-Securing Declaration must be in the name of all members to the Joint
Venture that submits the Bid.].
Section V – Eligible Countries 130

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:
Under ITB 4.8 (a) and 5.1: [insert a list of the countries following approval by the Bank to apply the
restriction or state “none”]
Under ITB 4.8 (b) and 5.1: [insert a list of the countries following approval by the Bank to apply the
restriction or state “none”]
Section VI – Fraud and Corruption 131

Section VI - Fraud and Corruption

1. Purpose
1.1 The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement
under Bank Investment Project Financing operations.
2. Requirements
2.1 The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders
(applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-
consultants, service providers or suppliers; any agents (whether declared or not); and any of
their personnel, observe the highest standard of ethics during the procurement process,
selection and contract execution of Bank-financed contracts, and refrain from Fraud and
Corruption.

2.2 To this end, the Bank:

a. Defines, for the purposes of this provision, the terms set forth below as follows:
i. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of another party;
ii. “fraudulent practice” is any act or omission, including misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial
or other benefit or to avoid an obligation;
iii. “collusive practice” is an arrangement between two or more parties designed to
achieve an improper purpose, including to influence improperly the actions of another
party;
iv. “coercive practice” is impairing or harming, or threatening to impair or harm, directly
or indirectly, any party or the property of the party to influence improperly the actions
of a party;
v. “obstructive practice” is:
(a) deliberately destroying, falsifying, altering, or concealing of evidence material
to the investigation or making false statements to investigators in order to
materially impede a Bank investigation into allegations of a corrupt,
fraudulent, coercive, or collusive practice; and/or threatening, harassing, or
intimidating any party to prevent it from disclosing its knowledge of matters
relevant to the investigation or from pursuing the investigation; or
(b) acts intended to materially impede the exercise of the Bank’s inspection and
audit rights provided for under paragraph 2.2 e. below.
b. Rejects a proposal for award if the Bank determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-
contractors, service providers, suppliers and/ or their employees, has, directly or
Section VI – Fraud and Corruption 132

indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in

competing for the contract in question;
c. In addition to the legal remedies set out in the relevant Legal Agreement, may take other
appropriate actions, including declaring misprocurement, if the Bank determines at any
time that representatives of the Borrower or of a recipient of any part of the proceeds of
the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices
during the procurement process, selection and/or execution of the contract in question,
without the Borrower having taken timely and appropriate action satisfactory to the Bank
to address such practices when they occur, including by failing to inform the Bank in a
timely manner at the time they knew of the practices;
d. Pursuant to the Banks Anti-Corruption Guidelines and in accordance with the Bank’s
prevailing sanctions policies and procedures, may sanction a firm or individual, either
indefinitely or for a stated period of time, including by publicly declaring such firm or
individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed
contract, financially or in any other manner;3 (ii) to be a nominated4 sub-contractor,
consultant, manufacturer or supplier, or service provider of an otherwise eligible firm
being awarded a Bank-financed contract; and (iii) to receive the proceeds of any loan
made by the Bank or otherwise to participate further in the preparation or implementation
of any Bank-financed project;
e. Requires that a clause be included in bidding/request for proposals documents and in
contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers),
consultants, contractors, and suppliers: and their sub-contractors, sub-consultants, service
providers, suppliers, agents, personnel, permit the Bank to inspect5 all accounts, records
and other documents relating to the procurement process, selection and/or contract
execution, and to have them audited by auditors appointed by the Bank.

3
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.
4
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.
5
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.
Part 2 – Works’ Requirements 133

PART 2 –Works’ Requirements

Section VII – Works’ Requirements 135

Section VII - Works’ Requirements

Contents

Scope of Works.......................................................................................132
Specification............................................................................................133
Drawings.................................................................................................140
Supplementary Information....................................................................141
Section VII – Works’ Requirements 136

Scope of Works
Section VII – Works’ Requirements 137

Specification

[In drafting of the Specification, care must be taken when drafting the Work’s Requirements to
ensure that the requirements are not restrictive. Recognized international standards should be
used as much as possible for the description of goods, materials and workmanship. Where other
particular standards are specified, whether national standards of the Borrower’s country or
other standards, it should be stated that goods, materials and workmanship meeting other
authoritative standards and which promise to ensure equal or higher quality than the standards
specified, will also be acceptable. Where a brand name of a product is specified it should always
be qualified with the terms “or equivalent”.]

[Any additional sustainable procurement technical requirements (beyond the ES requirements

stated in the Environmental and Social Requirements section below) for the Works shall be
clearly specified. Please refer to the Bank’s Procurement Regulations for Borrowers and
Sustainable procurement guidance for further information. [insert url]. The sustainable
procurement requirements shall be specified to enable evaluation of such requirements on a
pass/fail basis and/or rated criteria (point system), as appropriate. To encourage Bidders’
innovation in addressing sustainable procurement requirements, as long as the Bid evaluation
criteria specify the mechanism for monetary adjustments and/or rated criteria evaluation for the
purpose of Bid comparisons, Bidders may be invited to offer Works that exceeds the specified
minimum sustainable procurement requirements.] [A number of the Sub-Clauses of the
General/Particular Conditions make reference to the Specification. In drafting the
Specification, the Borrower should include, as appropriate, information referred to in the
Conditions of Contract. In some instances, a certain contractual provision may not apply if not
stated in the Specification, in other cases the default contractual provision may apply if not
specifically stated otherwise in the Specification etc.]
Section VII – Works’ Requirements 138

Environmental and Social (ES) requirements

[The Employer’s team preparing the ES requirements should include a suitably qualified
Environmental and Social specialist/s.
In preparing detailed specifications for ES requirements the Borrower should refer to and
consider the applicable environmental and social standards in the ESF including specific
requirements set out in the Environmental and Social Commitment Plan (ESCP),
ESIA/ESA/ESMP, EHSGs and other GIIP as well as SEA and SH prevention and management
obligations.
The ES requirements should be prepared in manner that does not conflict with the relevant
General Conditions (and the corresponding Particular Conditions if any) and other parts of the
specifications.

The following is a non-exhaustive list of Sub-Clauses of the Conditions of Contract that make
reference to ES matters stated in the Specification.]

Sub-
Clause/Claus Sub-Clause/Clause Remarks
e No.

4.1 Contractor’s General If the Contract specifies

Obligations that the Contractor shall
design any part of the
Permanent Works, state
any applicable technical
standards and requirements
including to address:
 climate change
considerations,
 universal access,
 risks of the public’s
potential exposure to
operational accidents
or natural hazards,
including extreme
weather events,
applicable certification
or approval
requriements
[ Refer to ESS4 on
requirements for
design]
Section VII – Works’ Requirements 139

Sub-
Clause/Claus Sub-Clause/Clause Remarks
e No.

4.6 Co-operation Indicate specific aspects (if

any) that require
contractor’s cooperation
such as to conduct
environmental and social
assessment.

4.8 Health and Safety Indicate if there would be a

Obligations health service provider.
Indicate if access to or
provision of services that
accommodate physical,
social and cultural needs of
Contractor’s Personnel is
required.
Indicate any additional
requirements for the health
and safety manual

4.18 Protection of the Specify any values for

Environment emissions, surface
discharges, effluent and
any other pollutants from
the Contractor’s activities
that shall not be exceeded.
The Contractor’s
MSIP/CESMP shall set out
the measures the
Contractor will take to
ensure compliance with
these limit values.

4.21 Security of the Site State any additional

requirements for the
security arrangements
(ESS4 of the ESF states the
principles of
porportionality, GIIP and
applicable Laws.) Include
any other requirement set
out in the ESCP.
Section VII – Works’ Requirements 140

Sub-
Clause/Claus Sub-Clause/Clause Remarks
e No.

4.23 (c) Archeological and Specify other requirements

Geological Findings if any in accordance with
the ESF – ESS8

6.2 Rate of Wages and State applicable

Conditions of Labour requirements in accordance
with the labour
management procedure.

6.5 Working Hours State applicable

requirements in accordance
with the labour
management procedure.

6.27 Traning of Contractor’s As set out in the ESCP,

Personnel specify, details of any
training to relevant
Contractor’s Personnel to
be provided by the
Employer’s Personnel on
environmental and social
aspects. (whom, what,
when, where, how long
etc.)

In addition to provisions in the above table, the Employer shall specify the following as
applicable.

Management and Safety of Hazardous Materials

As applicable, specify requirements for the management and safety of hazardous materials (see
ESF - ESS4 para. 17 and 18 and relevant guidance notes).
Resource Efficiency and Pollution Prevention and Management
As applicable specify Resource Efficiency and Pollution Prevention and Management measures
(see ESF -ESS3 and relevant guidance notes).
 Resource efficiency
The Employer shall specify, as applicable, measures for improving efficient consumption of
energy, water and raw materials, as well as other resources.
Section VII – Works’ Requirements 141

• Energy: When the Works have been assessed to involve a potentially significant use
of energy, specify any applicable measures to optimize energy usage.
• Water: When the Works have been assessed to involve a potentially significant use of
water or will have potentially significant impacts on water quality, specify any
applicable measures that avoid or minimize water usage so that the Works’ water use
does not have significant adverse impacts on communities, other users and the
environment.
• Raw material: When the Works have been assessed to involve a potentially
significant use of raw materials, specify any applicable measures to support efficient
use of raw materials.
 Pollution prevention and management
• Management of air pollution: specify any measure to avoid or minimize Works
related air pollution. See also Sub-Clause 4.18 of the Special Provisions and the
table above on Conditions of Contract that make reference to ES matters in the
Specification.
• Management of hazardous and nonhazardous wastes: specify any applicable
measures to minimize the generation of waste, and reuse, recycle and recover waste
in a manner that is safe for human health and the environment including storage,
transportation and disposal of hazardous wastes. See also Sub-Clauses 4.8 and 4.18
of the Special Provisions and the table above on Conditions of Contract that make
reference to ES matters in the Specification.
• Management of chemicals and hazardous materials: specify any applicable
measures to minimize and control the release and use of hazardous materials for
Works activities including the production, transportation, handling, and storage of
the materials. See also Sub-Clauses 4.8 and 4.18 of the Special Provisions and the
table above on Conditions of Contract that make reference to ES matters in the
Specification.
 Biodiversity Conservation and Sustainable Management of Living Natural Resources
The Employer shall specify, as applicable, Biodiversity Conservation and Sustainable
Management of Living Natural Resources (see ESF - ESS6 and relevant guidance notes).
This includes, as applicable:
 invasive alien species: managing the risk of invasive alien species during the
execution of the Works;
 sustainable management of living natural resources; and
 certification and verification requirements for the supply of natural resource
materials where there is a risk of significant conversion or significant degradation of
natural or critical habitats.
See also Sub-Clause 4.18 of the Special Provisions and the table above on Conditions of
Contract that make reference to ES matters in the Specification.
Section VII – Works’ Requirements 142

 Road Safety
 State any specific traffic and road safety requirement, as applicable. See also Sub-
Clause 4.15 of the Special Provisions. For details, refer to the Guidance Note on
Road safety.
Payment for ES Requirements
The Employer’s ES and procurement specialists should consider how the Contractor will cost
the delivery of the ES requirements. In the majority of cases, the payment for the delivery of ES
requirements shall be a subsidiary obligation of the Contractor covered under the prices quoted
for other Bill of Quantity items. For example, normally the cost of implementing work place safe
systems of work, including the measures necessary for ensuring traffic and road safety, shall be
covered by the Bidder’s rates for the relevant works. Alternatively, provisional sums could be set
aside for discrete activities for example for HIV counselling service, and, SEA and SH
awareness and sensitization or to encourage the contractor to deliver additional ES outcomes
beyond the requirement of the Contract.
Section VII – Works’ Requirements 143

Contractor’s Representative and Key Personnel

[Note: Insert in the following table, the minimum key specialists required to execute the
contract, taking into account the nature, scope, complexity and risks of the contract.
Where a Project SEA risks are assessed to be substantial or high, the Employer shall include a
Sexual Exploitation, Abuse and Harassment expert(s).]

Contractor’s Representative and Key Personnel

Item Minimum years
Position/specializatio Relevant academic
No. of relevant work
n qualifications
experience
1 Contractor’s Representative
2 [Environmental] [e.g. degree in relevant [e.g. [years] working on
environmental subject] road contracts in similar
work environments]
3 [Health and Safety]
4 [Social]
5 Sexual Exploitation, Abuse [e.g. 5 years of
and Harassment monitoring and
managing risks related
[Where a Project SEA risks to gender-based
are assessed to be substantial violence, out of which 3
or high, Key Personnel shall years of relevant
include an expert(s) with experience in
relevant experience in addressing issues
addressing sexual related to sexual
exploitation, sexual abuse and exploitation, sexual
sexual harassment cases] abuse and sexual
harassment]
6 modify as appropriate
Section VII – Works’ Requirements 144

Drawings
Section VII – Works’ Requirements 145

Supplementary Information
Section VIII – General Conditions of Contract 147

PART 3 – Conditions of Contract and

Contract Forms
 Section VIII – General Conditions of Contract 148

Section VIII - General Conditions (GC)

Red Book:

© FIDIC 2017. All rights reserved.

The Conditions of Contract are the “General Conditions” which form part of the “Conditions of
Contract for Construction for Building and Engineering Works Designed by the Employer (“Red
book”) Second edition 2017” published by the Federation Internationale Des Ingenieurs –
Conseils (FIDIC) and the following “Particular Conditions” which comprise of the Bank’s COPA
and the amendments and additions to such General Conditions.

An original copy of the above FIDIC publication i.e. “Conditions of Contract for Building and
Engineering Works Designed by the Employer” must be obtained from FIDIC.

International Federation of Consulting Engineers (FIDIC)

FIDIC Bookshop – Box- 311 – CH – 1215 Geneva 15 Switzerland

Fax: +41 22 799 49 054

Telephone: +41 22 799 49 01

E-mail: fidic@fidic.org

www.fidic.org

FIDIC code: ISBN13: 978-2-88432-084-9

Section IX – Particular Conditions of Contract 149

Section IX - Particular Conditions

The following Particular Conditions shall supplement the General Conditions. Whenever there is
a conflict, the provisions herein shall prevail over those in the General Conditions.
Section IX – Particular Conditions of Contract 150

Particular Conditions

Part A – Contract Data

Conditions Sub-Clause Data
Where the Contract allows 1.1.20
for Cost Plus Profit, ______%
percentage profit to be
added to the Cost
Employer’s name and 1.1.31
address
Engineer’s name and 1.1.35
address
Bank’s name 1.1.89
Borrower’s name 1.1.90
Time for Completion 1.1.84 _____________days
If Sections are to be used, refer to Table:
Summary of Sections below
Defects Notification Period 1.1.27 365 days. (one year)
Sections 1.1.73 If Sections are to be used, refer to Table:
Summary of Sections below
Electronic transmission 1.3 (a) (ii)
system
Address of Employer for 1.3(d)
communications:
Address of Engineer for 1.3(d)
communications:
Address of Contractor for 1.3(d)
communications:
Governing Law 1.4
Ruling language 1.4
Language for 1.4
communications
Time for the Parties to sign 1.6 28 days after receipt of the Letter of Acceptance
a Contract Agreement
Number of additional paper 1.8
copies of Contractor’s
Documents
Total liability of the 1.15 __________ (sum)
Contractor to the Employer
under or in connection with
the Contract
Site 1.1 74 [Describe any other places as forming part of the
Site]
Time for access to the Site 2.1 [ Ideally, the right of access to and possession of
Section IX – Particular Conditions of Contract 151

Conditions Sub-Clause Data

all parts of the Site shall be given by the
Commencement Date. If this is the case, insert:
“No later than the Commencement Date”]
[If it is not practical or feasible to give the right of
access to and possession of all parts of the Site by
the Commencement Date, state the following and
delete the remaining text in this Particular
Conditions, Sub-Clause 2.1: “No later than the
Commencement Date, except for the following
parts (include detailed description of parts
concerned): within such times as may be required
to enable the Contractor to proceed in accordance
with the Programme or, if there is no Programme
at that time, the initial programme submitted
under Sub-Clause 8.3 [Programme”]]
Engineer’s Duties and 3.2 Variations resulting in an increase of the Accepted
Authority Contract Amount in excess of ____% shall require
written consent of the Employer.
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
% figures] percent of the Accepted Contract
Amount and in the same currency (ies) of the
Accepted Contract Amount.
Environmental and Social 4.2 [Delete this provision if ES Performance Security
(ES) Performance Security is not required.]
The ES 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 ES Performance
Security) shall normally not exceed 10% of the
Accepted Contract Amount.]
Period for notification of 4.7.2 (a) Days “[state number of days, normally not less
errors in the items of than 28 days]”
reference
Period of payment for 4.19 Days
temporary utilities
Number of additional paper 4.20
copies of progress reports
Maximum allowable 5.1(a) _%
Section IX – Particular Conditions of Contract 152

Conditions Sub-Clause Data

accumulated value of work
subcontracted (as a
percentage of the Accepted
Contract Amount)
Parts of the Works for 5.1(b)
which subcontracting is not
permitted
Normal working hours 6.5 ______
Number of additional paper 8.3
copies of program
Delay damages payable for 8.8 “% of the Accepted Contract Amount, less
each day of delay provisional sum, for DAAB.
If Sections are to be used, refer to Table:
Summary of Sections below
Maximum amount of delay 8.8 ______% of the Accepted Contract Amount less
damages provisional sum for DAAB. [normally not exceeding
10%]
Method of measurement 12.2
Percentage profit 12.3 As stated under 1.1.20 above
Percentage rate to be 13.4 (b)(ii)
applied to Provisional Sums _______ %
for overhead charges and
profit
Total advance payment 14.2 % Percentage of the Accepted Contract
Amount payable in the currencies and proportions
in which the Accepted Contract Amount is payable

Repayment of Advance 14.2.3 _(a)_exceeds ______% of the portion of the

payment Accepted Contract Amount payable in that
currency less Provisional Sums
(b) deductions shall be made at the amortisation
rate of ________%_
[provided that the advance payment shall be
completely repaid prior to the time when 90
percent (90%) of the Accepted Contract Amount
less Provisional Sums has been certified for
payment]]
Period of payment 14.3
Number of additional paper 14.3(b)
copies of Statements
Percentage of retention 14.3(iii) _________________% [Insert percentage of
retention, normally 5% and not exceeding 10%]
Limit of Retention Money 14.3(iii) __________________% [Insert percentage of
(as a percentage of retention, normally 5% and not exceeding 10%]
Accepted Contract Amount)
Section IX – Particular Conditions of Contract 153

Conditions Sub-Clause Data

Plant and Materials If Sub-Clause 14.5 applies:
14.5(b)(i) Plant and Materials for payment when shipped
______________ [list].
14.5(c)(i) Plant and Materials for payment when delivered to
the Site ___________________ [list].
Minimum Amount of 14.6.2 _____________ % of the Accepted Contract
Interim Payment Amount.
Certificates
Period of payment of 14.7(a) _______________days [insert number of days,
Advance Payment to the normally 28 days]
Contractor
Period for the Employer to 14.7b(i) ______________days [insert number of days,
make interim payments to normally 56 days]
the Contractor under Sub-
Clause 14.6 (interim
Payment)
Period for the Employer to 14.7b(ii) ______________days [insert number of days,
make interim payments to normally 28 days]
the Contractor under Sub-
Clause 14.13 (Final
Payment)
Period for the Employer to 14.7(c) ______________days [insert number of days,
make final payment to the normally 56 days]
Contractor
financing charges for 14.8 _____%
delayed payment
(percentage points above the
average bank short-term
lending rate as referred to
under sub-paragraph (a))
Number of additional paper 14.11.1(b)
copies of draft Final
Statement
Forces of nature, the risks of 17.2(d)
which are allocated to the
Contractor
Section IX – Particular Conditions of Contract 154

Conditions Sub-Clause Data

Permitted deductible limits 19.1
insurance required for the Works: ___________
insurance required for Goods:_____________

insurance required for liability for breach of

professional duty:________________
insurance required against liability for fitness for
purpose (if any is required):_______________

insurance required for injury to persons and

damage to property:______________________

insurance required for injury to employees: __

other insurances required by Laws and by local
practice:
_________________ ____________
_______________
_____________
________________
______________

Additional amount to be 19.2.1(b) ________%

insured (as a percentage of
the replacement value, if
less or more than 15%)
List of Exceptional Risks 19.2.1(iv)
which shall not be excluded
from the insurance cover for
the Works
Extent of insurance required 19.2.2
for Goods
Amount of insurance
required for Goods
amount of insurance 19.2.3(a)
required for liability for
breach of professional duty
Insurance required against 19.2.3(b) Yes/No [ delete as appropriate]
liability for fitness for
purpose
Period of insurance required 19.2.3
for liability for breach of
professional duty
Section IX – Particular Conditions of Contract 155

Conditions Sub-Clause Data

Amount of insurance 19.2.4
required for injury to
persons and damage to
property
Other insurances required
by Laws and by local
practice (give details)
Time for appointment of 21.1 42 days after signature by both parties of the
DAAB member (s) Contract Agreement
The DAAB shall be 21.1 Either: One sole Member
comprised of or: Three Members
[For a Contract estimated to cost above USD 50
million, the DAAB shall comprise of three
members. For a Contract estimated to cost
between USD 20 million and USD 50 million, the
DAAB may comprise of three members or a sole
member. For a Contract estimated to cost less
than USD 20 million, a sole member is
recommended.]

List of proposed members 21.1 Proposed by Employer [Attach CVs to the bidding
of DAAB document and the Contract]
1._____________________
2.______________________
3.______________________
Proposed by Contractor [Attach CVs to the
Contract]
1.________________________
2._________________________
3._________________________

Appointment (if not agreed) 21.2 [Insert name of an international organization or

to be made by official as the appointing entity or official]
Section IX – Particular Conditions of Contract 156

Conditions Sub-Clause Data

Rules of arbitration 21.6(a) Sub-Clause 21.6(a) of PART B – Special
Provisions [insert either “shall” or “shall not”]
_________apply.

[Insert rules of arbitration if different from those

of the International Chamber of Commerce.]

[Sub-Clause 21.6 (a) shall be retained in the case

of a Contract with a foreign Contractor or Sub-
Clause 21.6 (b) shall be retained in the case of a
Contract with a domestic Contractor. The
determination of whether a Contractor (as an
individual firm or as a Joint Venture) is foreign or
domestic for the purposes of this sub-clause, will
be made by reference to the criteria set forth in the
footnote for ITB 33 of the Instructions to Bidders.]

21.6 (b) Sub-Clause 21.6(b) of PART B – Special

Provisions [insert either “shall” or “shall not”]
_________apply.

Place of arbitration 21.6(a) [insert place of arbitration if 21.6(a) of PART B –

Special Provisions applies]
Section IX – Particular Conditions of Contract 157

Table: Summary of Sections (if any)

Description of parts of Value: Percentage* of Time for Completion Delay Damages
the Works that shall be Accepted Contract (Sub-Clause 1.1.84) (Sub-Clause 8.8)
designated a Section Amount
for the purposes of the (Sub-Clause 14.9)
Contract
(Sub-Clause 1.1.73)

*These percentages shall also be applied to each half of the Retention Money under Sub-Clause 14.9
Section IX – Particular Conditions of Contract 158

Part B - Special Provisions

Sub-Clause 1.1.10 “the Contractor’s Proposal” is deleted.

Contract

Sub-Clause 1.1.49 The Sub-Clause is replaced with:

Laws “Laws” means all national (or state) legislation, statutes,
ordinances and other laws, and regulations and by-laws of any
legally constituted public authority.”

Sub-Clause 1.1.74 The Sub-Clause is replaced with:

Site “Site” means the places where the Permanent Works are to be
executed, including storage and working area, and to which
Plant and Materials are to be delivered, and any other places
specified in the Contract as forming part of the Site.”

Sub-Clause 1.1.77 On the second line after “Payment Certificate under…”, add
“Sub-Clause 14.2.1 [Advance Payment Guarantee] (if
Statement
applicable),”.

Sub-Clause 1.1.81 “the Contractor’s Proposal” is deleted.

Tender

Sub-Clause 1.1.89 to 1.1.91 are added after Sub-Clause 1.1.88

Sub-Clause 1.1 89 Bank “Bank” means the financing institution (if any) named in the
Contract Data.

Sub-Clause 1.1.90 “Borrower” means the person (if any) named as the borrower
in the Contract Data.
Borrower

Sub-Clause 1.1.91 “ES” means Environmental and Social (including Sexual

Exploitation and Abuse (SEA), and Sexual Harassment (SH)).
ES

Sub-Clause 1.1.92 “Sexual Exploitation and Abuse” “(SEA)” means the

following:
Sexual Exploitation and
Abuse (SEA), and Sexual Sexual Exploitation is defined as any actual or
Harassment (SH) 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
Section IX – Particular Conditions of Contract 159

or under unequal or coercive conditions; and

“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 or
Employer’s Personnel.

Sub-Clause 1.2 Sub-paragraph (a) is replaced with the following:

Interpretation (a) “Words indicating one gender include all genders;
“he/she” is replaced with:” it”;
“him/her” is replaced with “it”;
“his” and “his/her” are replaced with: “its”;
“himself/herself” are replaced with: “itself”.”
Further, “and” is deleted from the end of sub-paragraph (i)
and added at the end of sub-paragraph (j).
sub-paragraph (k) is added:
(k) “The word “tender” is synonymous with “bid” or
“proposal”, the word tenderer with “bidder” or
“proposer” and the words “tender documents” with
“request for bids documents” or “request for proposal
documents”, as applicable.”

Sub-Clause 1.5 The following documents are added in the list of Priority
Documents after (e):
Priority of Documents
“(f) the Particular Conditions Part C- Fraud and Corruption;
(g) the Particular Conditions Part D- Environmental and
Social (ES) Metrics for Progress Reports;”
and the list renumbered accordingly.

Sub-Clause 1.6 The last paragraph is replaced with:

Contract Agreement “If the Contractor comprises a JV, the authorised
representative of the JV shall sign the Contract Agreement in
accordance with sub –clauses 1.14 (Joint and Several
Liability).”

Sub-Clause 1.12 The following is added at the end of the second paragraph:
“The Contractor shall be permitted to disclose information
Confidentiality
required to establish its qualifications to compete for other
projects.”
“or” at the end of (b) is deleted.
Section IX – Particular Conditions of Contract 160

“or” at the end of (c) is added.

The following is then added as (d): “is being provided to the
Bank .”

Sub-Clause 1.17 The following Sub-Clause is added after Sub-Clause 1.16:

Inspections & Audit by “Pursuant to paragraph 2.2 e. of Particular Conditions - Part
the Bank C- Fraud and Corruption, 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 15.8 (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).”

Sub-Clause 2.4 The first paragraph is replaced with:

Employer’s Financial “The Employer shall submit, before the Commencement
Arrangements Date, reasonable evidence that financial arrangements have
been made for financing the Employer’s obligations under the
Contract.”
The following sub-paragraph is added at the end of Sub-
Clause 2.4:
“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 Engineer, 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 its notice of the extent to
which such funds will be available.”

Sub-Clause 2.6 [If Employer- Supplied Materials are listed in the Works’
Section IX – Particular Conditions of Contract 161

Employer-Supplied Requirements for the Contractor’s use in the execution of

Materials and Works, the following provisions may be added]:
Employer’s Equipment
The following is added after the last paragraph of Sub-Clause
2.6:
“The Employer shall supply to the Contractor the Employer-
Supplied Materials listed in the Specification, at the time(s)
stated in the Specification (if not stated, within the times that
shall be required to enable the Contractor to proceed with
execution of the Works in accordance with the Programme).
When made available by the Employer, the Contractor shall
visually inspect the Employer-Supplied Materials and shall
promptly give a Notice to the Engineer of any shortage, defect
or default in them. Thereafter, the Contractor shall rectify
such shortage, defect or default to the extent instructed by the
Engineer. Such instruction shall be deemed to have been
given under Sub-Clause 13.3.1 [Variation by Instruction].
After this visual inspection, the Employer-Supplied Materials
shall come under the care, custody and control of the
Contractor. The Contractor’s obligations of inspection, care,
custody, and control shall not relieve the Employer of liability
of any shortage, defect or default not apparent from a visual
inspection.”
[If Employer’s Equipment are listed in the Specification for
the Contractor’s use in the execution of Works, the following
provisions may be added]:
The following is added after the last paragraph of Sub-Clause
2.6:
“The Employer shall make the Employer’s Equipment listed
in the Specification available to the Contractor at the time(s)
stated in the Specification (if not stated, within the times that
shall be required to enable the Contractor to proceed with
execution of the Works in accordance with the Programme).
Unless expressly stated otherwise in the Specification, the
Employer’s Equipment shall be provided for the exclusive use
of the Contractor.
When made available by the Employer, the Contractor shall
visually inspect the Employer’s Equipment and shall
promptly give a Notice to the Engineer of any shortage, defect
or default in them. Thereafter, the Contractor shall rectify
such shortage, defect or default to the extent instructed by the
Engineer. Such instruction shall be deemed to have been
given under Sub-Clause 13.3.1 [Variation by Instruction].
Section IX – Particular Conditions of Contract 162

The Contractor shall be responsible for the Employer’s

Equipment while it is under the Contractor’s control and/or
any of the Contractor’s Personnel is operating it, driving it,
directing it, using it, or in control of it.
The Contractor shall not remove from the Site any items of
the Employer’s Equipment without the consent of the
Employer. However, consent shall not be required for
vehicles transporting Goods or Contractor’s personnel to or
from the Site.”

Sub-Clause 3.1 The following is added at the end of the first sub-paragraph:
The Engineer “The Engineer’s staff shall include suitably qualified
engineers and other professionals who are competent to carry
out these duties.”

Sub-Clause 3.2 The Engineer shall obtain the consent in writing of the
Engineer’s Duties and Employer before taking action under the following Sub-
Clauses of these Conditions:
Authority
(a) Sub-Clause 13.1: Right to vary - instructing a variation,
except;
(i) in an emergency situation as determined by
the Engineer; or
(ii) (if such a Variation would increase the
Accepted Contract Amount by less than the
percentage specified in the Contract Data.
(b) Sub-Clause 13.2 (Value Engineering): stating consent
or otherwise to a value engineering proposal submitted
by the Contractor in accordance with Sub-Clause 13.2.
Notwithstanding the obligation, as set out above, to obtain
consent in writing, if, in the opinion of the Engineer, an
emergency occurs affecting the safety of life or of the Works
or of adjoining property, it may, without relieving the
Contractor of any of his duties and responsibility under the
Contract, instruct the Contractor to execute all such work or
to do all such things as may, in the opinion of the Engineer,
be necessary to abate or reduce the risk. The Contractor shall
forthwith comply, despite the absence of consent of the
Employer, with any such instruction of the Engineer. The
Engineer shall determine an addition to the Contract Price, in
respect of such instruction, and EOT if any, in accordance with
Clause 13 and shall notify the Contractor accordingly, with a
copy to the Employer.
Section IX – Particular Conditions of Contract 163

Sub-Clause 3.3 The following is added at the end of Sub-Clause 3.3:

Engineer’s “The Engineer shall obtain the consent of the Employer
Representative before appointing or replacing an Engineer’s Representative.”

Sub-Clause 3.4 The following is added at the end of the second paragraph:
Delegation by the “If any assistants are not fluent in this language, the Engineer
Engineer shall make competent interpreters available during all
working hours, in a number sufficient for those assistants to
properly perform their assigned duties and/or exercise their
delegated authority.”

Sub-Clause 3.6 In the first paragraph, “42 days” is replaced with: “21 days”;
Replacement of the In the third para, “shall” is replaced with: “should”.
Engineer

Sub-Clause 4.1 The following is inserted after the paragraph “The Contractor
shall provide the Plant (and spare parts, if any) …”:
Contractor’s General
Obligations “All equipment, material, and services to be incorporated in
or required for the Works shall have their origin in any
eligible source country as defined by the Bank.”
The following is inserted after the paragraph “The
Contractor shall, whenever required by the Engineer...”:
“The Contractor shall not carry out mobilization to Site (e.g.
limited clearance for haul roads, site accesses and work site
establishment, geotechnical investigations or investigations
to select ancillary features such as quarries and borrow pits)
unless the Engineer gives a Notice of No-objection to the
Contractor, a Notice that shall not be unreasonably delayed,
to the measures the Contractor proposes to manage the
environmental and social risks and impacts, which at a
minimum shall include applying the Management Strategies
and Implementation Plans (MSIPs) and Code of Conduct for
Contractor’s Personnel submitted as part of the Bid and
agreed as part of the Contract.
The Contractor shall submit, to the Engineer for Review any
additional MSIPs as are necessary to manage the ES risks
and impacts of ongoing Works (e.g. excavation, earth works,
bridge and structure works, stream and road diversions,
quarrying or extraction of materials, concrete batching and
asphalt manufacture). These MSIPs 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
Section IX – Particular Conditions of Contract 164

update it as required to ensure that it contains measures

appropriate to the Works. The updated C-ESMP shall be
submitted to the Engineer for Review.
The C-ESMP shall be part of the Contractor’s Documents.
The procedures for Review of the C-ESMP and its updates
shall be as described in Sub-Clause 4.4.1 [Preparation and
Review].”
The following is added as (g); (g) and (h) of the Sub-Clause
are then renumbered as (h) and (i) respectively.
(g) “if so stated in the Specification, the Contractor shall:
(i) design structural elements of the Works taking into
account climate change considerations;
(ii) apply the concept of universal access (the concept of
universal access means unimpeded access for people
of all ages and abilities in different situations and
under various circumstances;
(iii) consider the incre
potential exposure to operational accidents or natural
hazards, including extreme weather events; and
(iv) any other requirement stated in the Specification.”
The following is added at the end of the Sub-Clause:
“The Contractor shall provide relevant contract- related
information, as the Employer and/or Engineer may
reasonably request to conduct Stakeholder engagements.
“Stakeholder” refers to individuals or groups who:
(i) are affected or likely to be affected by
the Contract; and
(ii) may have an interest in the Contract.
The Contractor shall also directly participate in Stakeholder
engagements, as the Employer and/or Engineer may
reasonably request.”

Sub-Clause 4.2 The first paragraph is replaced with:

Performance Security “The Contractor shall obtain (at its cost) a Performance
and ES Performance Security for proper performance and, if applicable, an
Security Environmental and Social (ES) Performance Security for
compliance with the Contractor’s ES obligations, in the
amounts stated in the Contract Data and denominated in the
currency(ies) of the Contract or in a freely convertible
currency acceptable to the Employer. If amounts are not
stated in the Contract Data, this Sub-Clause shall not apply.”
Section IX – Particular Conditions of Contract 165

In the following Sub-Clauses of the General Conditions, the

term “Performance Security” is replaced with: “Performance
Security and, if applicable, an Environmental and Social (ES)
Performance Security”:
2.1- Right of Access to the Site;
14.2- Advance Payment;
14.6- Issue of IPC;
14.12- Discharge;
14.13- Issue of FPC;
14.14 Cessation of Employer’s Liability;
15.2- Termination for Contractor’s Default;
15.5- Termination for Employer’s Convenience.

Sub-Clause 4.2.1 The first paragraph is replaced with:

Contractor’s “The Contractor shall deliver the Performance Security and, if
applicable, an ES Performance Security to the Employer within
obligations
28 days after receiving the Letter of Acceptance and shall
send a copy to the Engineer. The Performance Security shall
be issued by a reputable bank or financial institution selected
by the Contractor and shall be in the form annexed to the
Particular Conditions, as stipulated by the Employer in the
Contract Data, or in another form approved by the Employer.
The ES Performance Security shall be issued by a reputable
bank selected by the Contractor and shall be in the form
annexed to the Particular Conditions, as stipulated by the
Employer in the Contract Data, or in another form approved
by the Employer.”
Thereafter, throughout Sub-Clause 4.2 “Performance
Security” is replaced with: “Performance Security and, if
applicable, ES Performance Security.”

Sub-Clause 4.2.2 The first paragraph is replaced in its entirety with: “The
Employer shall not make a claim under the Performance
Claims under the
Security, except for amounts for which the Employer is
Performance Security
entitled under the Contract.”

Sub-Clause 4.2.3 In sub-paragraph (a) “21 days” is replaced with: “28 days”.
Return of Performance
Security

Sub-Clause 4.3 The following is added at the end of the last paragraph: “If
any of these persons is not fluent in this language, the
Section IX – Particular Conditions of Contract 166

Contractor’s Contractor shall make competent interpreters available during

Representative all working hours in a number deemed sufficient by the
Engineer.”

Sub-Clause 4.6 On the second-last line of the first paragraph before

“Contractor’s”, “of the” is added.
Co-operation
The following is added after the first paragraph:
“The Contractor shall also, as stated in the Specification or as
instructed by the Engineer, cooperate with and allow
appropriate opportunities for the Employer’s Personnel to
conduct any environmental and social assessment.”

Sub-Clause 4.7 In the second bullet-point of sub-paragraph (b) of Sub-Clause

4.7.3:
Setting out
before “if the items of reference”, the following is add:
“when examining the items of reference within the period
stated in sub-paragraph (a) of Sub-Clause 4.7.2,”.
On the second and third lines, the following is deleted “and
the contractor’s Notice is given after the period stated in sub-
paragraph (a) of Sub-Clause 4.7.2”.

Sub-Clause 4.8 The following are included after deleting “and” at the end of
(f) and replacing “.” with “;” at the end of (g):
Health and Safety
Obligations “
(h) provide health and safety training of Contractor’s
Personnel as appropriate and maintain training
records;
(i) actively engage the Contractor’s Personnel in
promoting understanding, and methods for,
implementation of health and safety requirements, as
well as in providing information to Contractor’s
Personnel, and provision of personal protective
equipment without expense to the Contractor’s
Personnel;
(j) put in place workplace processes for Contractor’s
Personnel to report work situations that they believe
are not safe or healthy, and to remove themselves
from a work situation which they have reasonable
justification to believe presents an imminent and
serious danger to their life or health;
(k) Contractor’s Personnel who remove themselves from
such work situations shall not be required to return to
work until necessary remedial action to correct the
Section IX – Particular Conditions of Contract 167

situation has been taken. Contractor’s Personnel shall

not be retaliated against or otherwise subject to
reprisal or negative action for such reporting or
removal;
(l) subject to Sub-Clause 4.6, collaborate with the
entities and Personnel under paragraph (a) , (b) and
(c) of Sub-Clause 4.6, in applying the health and
safety requirements. This is without prejudice to the
responsibility of the relevant entities for the health
and safety of their own personnel; and
(m) establish and implement a system for regular (not
less than six-monthly) review of health and safety
performance and the working environment.”
The second and third paragraphs are replaced with the
following:
“Subject to Sub-Clause 4.1, the Contractor shall submit to
the Engineer for Review a health and safety manual which
has been specifically prepared for the Works, the Site and
other places (if any) where the Contractor intends to execute
the Works. The procedures for Review of the health and
safety manual and its updates shall be as described in Sub-
Clause 4.4.1 [Preparation and Review].
The health and safety manual shall be in addition to any
other similar document required under applicable health and
safety regulations and Laws.
The health and safety manual shall set out all the health and
safety requirements under the Contract,
(a) which shall include at a minimum:
(i) the procedures to establish and maintain a safe
working environment without risk to health at
all workplaces, machinery, equipment and
processes under the control of the Contractor,
including control measures for chemical,
physical and biological substances and agents;
(ii) details of the training to be provided, records
to be kept;
(iii) the procedures for prevention, preparedness
and response activities to be implemented in
the case of an emergency event (i.e. an
unanticipated incident, arising from both
natural and man-made hazards, typically in
the form of fire, explosions, leaks or spills,
Section IX – Particular Conditions of Contract 168

which may occur for a variety of different

reasons including failure to implement
operating procedures that are designed to
prevent their occurrence, extreme weather or
lack of early warning);
(iv) the measures to be taken to avoid or
minimize the potential for community
exposure to water-borne, water-based, water-
related, and vector-borne diseases,
(v) the measures to be implemented to avoid or
minimize the spread of communicable
diseases (including transfer of Sexually
Transmitted Diseases or Infections (STDs),
such as HIV virus) and non-communicable
diseases associated with the execution of the
Works, taking into consideration
differentiated exposure to and higher
sensitivity of vulnerable groups. This
includes taking measures to avoid or
minimize the transmission of communicable
diseases that may be associated with the
influx of temporary or permanent Contract-
related labour;
(vi) the policies and procedures on the
management and quality of accommodation
and welfare facilities if such accommodation
and welfare facilities are provided by the
Contractor in accordance with Sub-Clause
6.6; and
(b) any other requirements stated in the Specification.
The paragraph starting with: “In addition to the reporting
requirement of…” is deleted and replaced with the addition to
GC Sub-Clause 4.20 in Sub-Clause 4.20 of the Special
Provisions.

Sub-Clause 4.15 The following is added at the end of Sub-Clause 4.15:

Access Route “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, if any, Contractor’s
Equipment on public roads or other public infrastructure.
The Contractor shall monitor road safety incidents and
accidents to identify negative safety issues, and establish and
implement necessary measures to resolve them.”
Section IX – Particular Conditions of Contract 169

Sub-Clause 4.18 Sub-Clause 4.18 Protection of the Environment is replaced

with:
Protection of the
Environment “The Contractor shall take all necessary measures to:
(a) protect the environment (both on and off the Site);
and
(b) limit damage and nuisance to people and property
resulting from pollution, noise and other results of the
Contractor’s operations and/ or activities.
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 Specification, 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
Engineer 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 Engineer.”

Sub-Clause 4.20 Replace “4.20 (g) with: “the Environmental and Social (ES)
metrics set out in Particular Conditions - Part D”
Progress Reports
The following is added at the end of the Sub-Clause:
“In addition to the reporting requirement of this sub-
paragraph (g) of Sub-Clause 4.20 [Progress Reports] the
Contractor shall inform the Engineer immediately of any
allegation, incident or accident, 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; 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
Engineer of any such incident or accident on the
Subcontractors’ or suppliers’ premises relating to the Works
which has or is likely to have a significant adverse effect on
Section IX – Particular Conditions of Contract 170

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
Engineer within the timeframe agreed with the Engineer.
The Contractor shall require its Subcontractors and suppliers
(other than Subcontractors) to immediately notify the
Contractor of any incidents or accidents referred to in this
Subclause.”

Sub-Clause 4.21 Sub-Clause 4.21 Security of the Site is replaced with:

Security of the Site “Sub-Clause 4.21 Security of the Site
The Contractor shall be responsible for the security of the
Site, and:
(a) for keeping unauthorised persons off the Site;
(b) authorised persons shall be limited to the Contractor’s
Personnel, the Employer’s Personnel, and to any other
personnel identified as authorised personnel (including
the Employer’s other contractors on the Site), by a
Notice from the Employer or the Engineer to the
Contractor.
Subject to Sub-Clause 4.1, the Contractor shall submit for the
Engineer’s No-objection a security management plan that sets
out the security arrangements for the Site.
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
Specification.
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.
In making security arrangements, the Contractor shall also
comply with any additional requirements stated in the
Specification.”
Section IX – Particular Conditions of Contract 171

Sub-Clause 4.22 On the third line of the second paragraph before “4.17”, “Sub-
Clause” is added.
Contractor’s Operations
on Site

Sub-Clause 4.23 The first paragraph is replaced with the following:

Archaeological and “All fossils, coins, articles of value or antiquity, structures,
Geological Findings groups of structures, and other remains or items of geological,
archaeological, paleontological, historical, architectural or
religious interest found on the Site shall be placed under the
care and custody of the Employer. The Contractor shall:
(a) take all reasonable precautions, including fencing-off
the area or site of the finding, to avoid further
disturbance and prevent Contractor’s Personnel or
other persons from removing or damaging any of
these findings;
(b) train relevant Contractor’s Personnel on appropriate
actions to be taken in the event of such findings; and
(c) implement any other action consistent with the
requirements of the Specification and relevant Laws.”

Sub-Clause 4.24 4.24.1 Forced Labour

Suppliers (other than The Contractor shall take measures to require its suppliers
Subcontractors) (other than Subcontractors) not to employ or engage forced
labour including trafficked persons as described in Sub-
Clause 6.21. 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.
4.24.2 Child labour
The Contractor shall take measures to require its suppliers
(other than Subcontractors) not to employ or engage child
labour as described in Sub-Clause 6.22. If child labour 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.
4.24.3 Serious Safety Issues
The Contractor, including its Subcontractors, shall comply
with all applicable safety obligations, including as stated in
Section IX – Particular Conditions of Contract 172

Sub-Clauses 4.8, 5.1 and 6.7. 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.
4.24.4 Obtaining natural resource materials in relation to
supplier
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 river beds 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.

Sub-Clause 4.25 The Contractor shall have a Code of Conduct for the
Contractor’s Personnel.
Code of Conduct
The Contractor shall take all necessary measures to ensure
that each Contractor’s Personnel 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 Works 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
Section IX – Particular Conditions of Contract 173

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.

Sub-Clause 5.1 The following is added at the beginning of the second

paragraph.
Subcontractors
“The Contractor shall require that its Subcontractors execute
the Works in accordance with the Contract, including
complying with the relevant ES requirements and the
obligations set out in Sub-Clause 4.25 above.”
The following is added at the end of the last paragraph of
Sub-Clause 5.1:
“All subcontracts relating to the Works shall include
provisions which entitle the Employer to require the
subcontract to be assigned to the Employer under sub-
paragraph (a) of Sub-Clause 15.2.3 [After Termination].
Where practicable, the Contractor shall give fair and
reasonable opportunity for contractors from the Country to
be appointed as Subcontractors.”

Sub-Clause 5.2.2 In sub-paragraph (a), on the first line before “Subcontractor”,

“nominated” is added.
Objection to Nomination
In sub-paragraph (c):
“and” is deleted from the end of (i);
“.” at the end of (ii) is replaced with: “, and”.
The following is then added as (iii):
“(iii) be paid only if and when the Contractor has received
from the Employer payments for sums due under the
Subcontract referred to under Sub-Clause 5.2.3 [ Payment to
nominated Subcontractors].”

Sub-Clause 6.1 The following paragraphs are added at the end of the Sub-
Clause:
Engagement of Staff and
Labour “The Contractor shall provide the Contractor’s Personnel
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 labour Laws applicable to the
Contractor’s Personnel (which will include any applicable
collective agreements), including their rights related to hours
Section IX – Particular Conditions of Contract 174

of work, wages, overtime, compensation and benefits, as well

as those arising from any requirements in the Specification.
The Contractor’s Personnel shall be informed when any
material changes to their terms or conditions of employment
occur.
The Contractor is encouraged, to the extent practicable and
reasonable, to employ staff and labour with appropriate
qualifications and experience from sources within the
Country.”

Sub-Clause 6.2 The following paragraphs are added at the end of the Sub-
Clause:
Rates of Wages and
Conditions of Labour “The Contractor shall inform the Contractor’s Personnel
about:
(a) any deduction to their payment and the conditions of
such deductions in accordance with the applicable Laws
or as stated in the Specification; and
(b) their liability to pay personal income taxes in the Country
in respect of such of their salaries, wages, allowances and
any benefits as are subject to tax under the Laws of the
Country for the time being in force.
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
Specification, the Contractor shall provide the Contractor’s
Personnel written notice of termination of employment and
details of severance payments in a timely manner. The
Contractor shall have paid the Contractor’s 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.”

Sub-Clause 6.5 Working The following is inserted at the end of the Sub-Clause:
Hours “The Contractor shall provide the Contractor’s Personnel
annual holiday and sick, maternity and family leave, as
required by applicable Laws or as stated in the Specification.”

Sub-Clause 6.6 The following is added as the last paragraph:

Facilities for Staff and “If stated in the Specification, the Contractor shall give access
Labour 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
Section IX – Particular Conditions of Contract 175

Employer’s Personnel as stated in the Specification.”

Sub-Clause 6.7 In the second paragraph, “The Contractor” is replaced with:

Health and Safety of “Except as otherwise stated in the Specification, the
Personnel Contractor…”

Sub-Clause 6.9 The Sub-Clause is replaced with:

Contractor’s Personnel “The Contractor’s Personnel (including Key Personnel, if
any) shall be appropriately qualified, skilled, experienced and
competent in their respective trades or occupations.
The Engineer may require the Contractor to remove (or cause
to be removed) any person employed on the Site or Works,
including the Contractor’s Representative and Key Personnel
(if any), who:
(a) persists in any misconduct or lack of care;
(b) carries out duties incompetently or negligently;
(c) fails to comply with any provision of the Contract;
(d) persists in any conduct which is prejudicial to safety,
health, or the protection of the environment;
(e) based on reasonable evidence, is determined to have
engaged in Fraud and Corruption during the execution of
the Works;
(f) has been recruited from the Employer’s Personnel in
breach of Sub-Clause 6.3 [Recruitment of Persons];
(g) undertakes behaviour which breaches the Code of
Conduct for Contractor’s Personnel (ES).
If appropriate, the Contractor shall then promptly appoint (or
cause to be appointed) a suitable replacement with equivalent
skills and experience. In the case of replacement of the
Contractor’s Representative, Sub-Clause 4.3 [Contractor’s
Representative] shall apply. In the case of replacement of Key
Personnel (if any), Sub-Clause 6.12 [Key Personnel] shall
apply.
Subject to the requirements in Sub-Clause 4.3 [Contractor’s
Representative] and 6.12 [Key Personnel], and
notwithstanding any requirement from the Engineer 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 Works are being carried out,
Section IX – Particular Conditions of Contract 176

any Contractor’s Personnel who engages in (a), (b), (c), (d),

(e) or (g) above or has been recruited as stated in (f) above.”

Sub-Clause 6.12 The following is inserted at the end of the last paragraph:
Key Personnel “If any of the Key Personnel are not fluent in this language,
the Contractor shall make competent interpreters available
during all working hours in a number deemed sufficient by
the Engineer.”

The following Sub-Clauses 6.13 to 6.26 are added after sub-clause 6.12

Sub-Clause 6.13 The Contractor may bring in to the Country any foreign
personnel who are necessary for the execution of the Works
Foreign Personnel
to the extent allowed by the applicable Laws. The Contractor
shall ensure that these personnel are provided with the
required residence visas and work permits. The Employer
will, if requested by the Contractor, use its best endeavours 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 be responsible for the return of these
personnel to the place where they were recruited or to their
domicile. In the event of the death in the Country of any of
these personnel or members of their families, the Contractor
shall similarly be responsible for making the appropriate
arrangements for their return or burial.

Sub-Clause 6.14 The Contractor shall arrange for the provision of a sufficient
supply of suitable food as may be stated in the Specification
Supply of Foodstuffs
at reasonable prices for the Contractor’s Personnel for the
purposes of or in connection with the Contract.

Sub-Clause 6.15 The Contractor shall, having regard to local conditions,

provide on the Site an adequate supply of drinking and other
Supply of Water
water for the use of the Contractor’s Personnel.

Sub-Clause 6.16 The Contractor shall at all times take the necessary
precautions to protect the Contractor’s Personnel employed
Measures against Insect
on the Site from insect and pest nuisance, and to reduce the
and Pest Nuisance
danger to their health. The Contractor shall comply with all
the regulations of the local health authorities, including use of
appropriate insecticide.

Sub-Clause 6.17 The Contractor shall not, otherwise than in accordance with
the Laws of the Country, import, sell, give, barter or
Alcoholic Liquor or
otherwise dispose of any alcoholic liquor or drugs, or permit
Drugs
Section IX – Particular Conditions of Contract 177

or allow importation, sale, gift, barter or disposal thereto by

Contractor’s Personnel.

Sub-Clause 6.18 The Contractor shall not give, barter, or otherwise dispose of,
to any person, any arms or ammunition of any kind, or allow
Arms and Ammunition
Contractor’s Personnel to do so.

Sub-Clause 6.19 The Contractor shall respect the Country’s recognized

festivals, days of rest and religious or other customs.
Festivals and Religious
Customs

Sub-Clause 6.20 The Contractor shall be responsible, to the extent required by

local regulations, for making any funeral arrangements for
Funeral Arrangements
any of its local employees who may die while engaged upon
the Works.

Sub-Clause 6.21 The Contractor, including its Subcontractors, shall not employ
or engage forced labour. Forced labour consists of any work
Forced Labour
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.

Sub-Clause 6.22 The Contractor, including its Subcontractors, shall not employ
or engage a child under the age of 14 unless the national law
Child Labour
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
Section IX – Particular Conditions of Contract 178

Contractor shall be subject to regular monitoring by the

Engineer 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:
(a) with exposure to physical, psychological or sexual
abuse;
(b) underground, underwater, working at heights or in
confined spaces;
(c) with dangerous machinery, equipment or tools, or
involving handling or transport of heavy loads;
(d) in unhealthy environments exposing children to
hazardous substances, agents, or processes, or to
temperatures, noise or vibration damaging to health; or
(e) under difficult conditions such as work for long hours,
during the night or in confinement on the premises of
the employer.

Sub-Clause 6.23 The Contractor shall keep complete and accurate records of
the employment of labour at the Site. The records shall
Employment Records of
include the names, ages, genders, hours worked, and wages
Workers
paid to all workers. These records shall be summarised on a
monthly basis and submitted to the Engineer. These records
shall be included in the details to be submitted by the
Contractor under Sub-Clause 6.10 [Records of Contractor’s
Personnel and Equipment].

Sub-Clause 6.24 In countries where the relevant labour laws recognise

workers’ rights to form and to join workers’ organisations of
Workers’ Organisations
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 labour laws substantially restrict workers’
organisations, 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
Section IX – Particular Conditions of Contract 179

who participate, or seek to participate, in such organisations

and collective bargaining or alternative mechanisms.
Workers’ organisations are expected to fairly represent the
workers in the workforce.

Sub-Clause 6.25 The Contractor shall not make decisions relating to the
employment or treatment of Contractor’s Personnel on the
Non-Discrimination and
basis of personal characteristics unrelated to inherent job
Equal Opportunity
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 Sub-Clause
6.22).

Sub-Clause 6.26 The Contractor shall have a grievance mechanism for

Contractor’s Personnel, and where relevant the workers’
Contractor’s Personnel
organizations stated in Sub-Clause 6.24, to raise workplace
Grievance Mechanism
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
Section IX – Particular Conditions of Contract 180

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 Contractor’s Personnel. Existing grievance
mechanisms may be supplemented as needed with Contract-
specific arrangements.

Sub-Clause 6.27 The Contractor shall provide appropriate training to relevant

Contractor’s Personnel on ES aspects of the Contract,
Training of Contractor’s
including appropriate sensitization on prohibition of SEA and
Personnel
SH, and health and safety training referred to in Sub-Clause
4.8
As stated in the Specification or as instructed by the Engineer,
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.
The Contractor shall provide training on SEA and SH,
including its prevention, to any of its personnel who has a role
to supervise other Contractor’s Personnel.

Sub-Clause 7.3 Inspection The following is added in the first paragraph after
“Employer’s Personnel” “(including the Bank staff or
consultants acting on the Bank’s behalf, stakeholders and
third parties, such as independent experts, local communities,
or non-governmental organizations)”
The following is added as (b) (iv):
“(iv) carryout environmental and social audit, and”

Sub-Clause 7.7 The following is added before the first paragraph:

Ownership of Plant and “Except as otherwise provided in the Contract,”
Materials

Sub-Clause 8.1 The Sub- Clause is replaced in its entirety with the following:
Commencement of Work “The Engineer shall give a Notice to the Contractor stating
the Commencement Date, not less than 14 days before the
Commencement Date.
The Notice shall be issued promptly after the Engineer
determines the fulfilment of the following conditions:
(a) signature of the Contract Agreement by both Parties,
and if required, approval of the Contract by relevant
authorities of the Country;
Section IX – Particular Conditions of Contract 181

(b) delivery to the Contractor of reasonable evidence of

the Employer’s financial arrangements (under Sub-
Clause 2.4 [Employer’s Financial Arrangements]);
(c) except if otherwise specified in the Contract Data,
effective access to and possession of the Site given to
the Contractor together with such permission(s) under
(a) of Sub-Clause 1.13 [Compliance with Laws] as
required for the commencement of the Works;
(d) receipt by the Contractor of the Advance Payment
under Sub-Clause 14.2 [Advance Payment] provided
that the corresponding bank guarantee has been
delivered by the Contractor;
(e) constitution of the DAAB in accordance with Sub-
Clause 21.1 and Sub-Clause 21.2 as applicable.
Subject to Sub-Clause 4.1 on the Management Strategies and
Implementation Plans and the C-ESMP and Sub-Clause 4.8
on the health and safety manual, the Contractor shall
commence the execution of the Works as soon as is
reasonably practicable after the Commencement Date, and
shall then proceed with the Works with due expedition and
without delay.”

Sub-Clause 11.7 In the second paragraph, “Whenever the Contractor intends to

access any part of the Works during the relevant DNP:” is
Right of Access after
replaced with:
Taking Over
“Whenever, until the date 28 days after issue of the
Performance Certificate, the Contractor intends to access any
part of the Works:”

Sub-Clause 13.3.1 Subparagraph 13.3.1 (a) is replaced with: “a description of the

varied work performed or to be performed, including details
Variation by Instruction
of the resources and methods adopted or to be adopted by the
Contractor, and sufficient ES information to enable an
evaluation of ES risks and impacts;”

Sub-Clause 13.4 The following is inserted as the penultimate paragraph:

Provisional Sums “The Provisional Sum shall be used to cover the Employer's
share of the DAAB members’ fees and expenses, in
accordance with Clause 21. No prior instruction of the
Engineer shall be required with respect to the work of the
DAAB. The Contractor shall submit the DAAB members’
invoices and satisfactory evidence of having paid 100% of
Section IX – Particular Conditions of Contract 182

such invoices as part of the substantiation of those Statements

submitted under Sub-Clause 14.3.”

Sub-Clause 13.6 The following paragraph is added at the end of the Sub-
Clause:
Adjustments for Changes
in Laws “Notwithstanding the foregoing, the Contractor shall not be
entitled to an extension of time if the relevant delay has
already been taken into account in the determination of a
previous extension of time and such Cost shall not be
separately paid if the same shall already have been taken into
account in the indexing of any inputs to the Table of
Adjustment Data in accordance with the provisions of Sub-
Clause 13.7 [Adjustments for Changes in Cost].”

Sub-Clause 14.1 [Note to the Employer: include one of the following two
alternative texts as applicable]
The Contract Price
The following is added at the end of the Sub-Clause:
[ Alternative 1]
“Notwithstanding the provisions of subparagraph (b),
Contractor's Equipment, including essential spare parts
therefor, imported by the Contractor for the sole purpose of
executing the Contract shall be exempt from the payment of
import duties and taxes upon importation.”
[Alternative 2]
“Notwithstanding the provisions of subparagraph (b),
Contractor's Equipment, including essential spare parts
therefore, imported by the Contractor for the sole purpose of
executing the Contract shall be temporarily exempt from the
payment of import duties and taxes upon initial importation,
provided the Contractor shall post with the customs
authorities at the port of entry an approved export bond or
bank guarantee, valid until the Time for Completion plus six
months, in an amount equal to the full import duties and taxes
which would be payable on the assessed imported value of
such Contractor's Equipment and spare parts, and callable in
the event the Contractor's Equipment is not exported from the
Country on completion of the Contract. A copy of the bond or
bank guarantee endorsed by the customs authorities shall be
provided by the Contractor to the Employer upon the
importation of individual items of Contractor's Equipment
and spare parts. Upon export of individual items of
Contractor's Equipment or spare parts, or upon the
completion of the Contract, the Contractor shall prepare, for
approval by the customs authorities, an assessment of the
Section IX – Particular Conditions of Contract 183

residual value of the Contractor's Equipment and spare part

to be exported, based on the depreciation scale (s and other
criteria used by the customs authorities for such purposes
under the provisions of the applicable Laws. Import duties
and taxes shall be due and payable to the customs authorities
by the Contractor on (a) the difference between the initial
imported value and the residual value of the Contractor's
Equipment and spare parts to exported; and (b) on the initial
imported value of the Contractor's Equipment and spare parts
remaining in the Country after completion of the Contract.
Upon payment of such dues within 28 days of being invoiced,
the bond or bank guarantee shall be reduced or released
accordingly; otherwise the security shall be called in the full
amount remaining.”

Sub-Clause 14.2.1 The first paragraph is replaced with:

Advance Payment “The Contractor shall obtain (at the Contractor’s cost) an
Guarantee Advance Payment Guarantee in amounts and currencies equal
to the advance payment, and shall submit it to the Employer
with a copy to the Engineer. This guarantee shall be issued by
reputable bank or financial institution selected by the
Contractor and shall be based on the sample form annexed to
the Particular Conditions or in another form agreed by the
Employer (but such agreement shall not relieve the Contractor
from any obligation under this Sub-Clause).”

Sub-Clause 14.3 The following is inserted at the end of (vi) after: [Agreement
or Determination]: “any reimbursement due to the Contractor
Application for Interim
under the Dispute Avoidance/ Adjudication Agreement.
Payment
(Appendix General Conditions of Dispute Avoidance/
Adjudication Agreement).”

Sub-Clause 14.6.2 “and/or” from subparagraph (b) is deleted.

Withholding (amounts in) The following is then added as subparagraph (c) and sub-
an IPC paragraph (c) of the Sub-Clause is renumbered as (d):
“(c) if the Contractor was, or is, failing to perform any ES
obligations or work under the Contract, the value of
this work or obligation, as determined by the Engineer,
may be withheld until the work or obligation has been
performed, and/or the cost of rectification or
replacement, as determined by the Engineer, may be
withheld until rectification or replacement has been
completed. Failure to perform includes, but is not
limited to the following:
(i) failure to comply with any ES obligations
Section IX – Particular Conditions of Contract 184

or work described in the Works’ Requirements

which may include: working outside site
boundaries, excessive dust, damage to offsite
vegetation, pollution of water courses from oils or
sedimentation, contamination of land e.g. from
oils, human waste, damage to archaeology or
cultural heritage features, air pollution as a result
of unauthorized and/or inefficient combustion;
(ii) failure to regularly review C-ESMP
and/or update it in a timely manner to address
emerging ES issues, or anticipated risks or
impacts;
(iii) failure to implement the C-ESMP e.g.
failure to provide required training or
sensitization;
(iv) failing to have appropriate
consents/permits prior to undertaking Works or
related activities;
(v) failure to submit ES report/s (as described
in Particular Conditions - Part D), or failure to
submit such reports in a timely manner;
(vi) failure to implement remediation as
instructed by the Engineer within the specified
timeframe (e.g. remediation addressing non-
compliance/s).”

Sub-Clause 14.7 At the end of sub-paragraph (b): “and” is replaced with “or”
and the following inserted as (iii):
Payment
“(iii) at a time when the Bank’s loan or credit (from which
part of the payments to the Contractor is being made) is
suspended, the amount shown on any statement
submitted by the Contractor within 14 days after such
statement is submitted, any discrepancy being rectified
in the next payment to the Contractor; and”
At the end of sub-paragraph (c): “.” is replaced with “;” and
the following inserted:
“or, at a time when the Bank’s loan or credit (from which
part of the payments to the Contractor is being made) is
suspended the undisputed amount shown in the Final
Statement within 56 days after the date of notification of
the suspension in accordance with Sub-Clause 16.2
[Termination by Contractor].”
Section IX – Particular Conditions of Contract 185

Sub-Clause 14.9 The following is added at the end of Sub-Clause 14.9:

Release of Retention “Unless otherwise stated in the Contract, when the Taking-
Money Over Certificate has been issued for the Works and the first
half of the Retention Money has been certified for payment
by the Engineer, the Contractor shall be entitled to substitute
a guarantee, in the form annexed to the Particular Conditions
or in another form approved by the Employer and issued by a
reputable bank or financial institution selected by the
Contractor, for the second half of the Retention Money. The
Contractor shall ensure that the guarantee is in the amounts
and currencies of the second half of the Retention Money and
is valid and enforceable until the Contractor has executed
and completed the Works and remedied any defects, as
specified for the Performance Security and, if applicable, an
ES Performance Security in Sub-Clause 4.2. On receipt by
the Employer of the required guarantee, the Engineer shall
certify and the Employer shall pay the second half of the
Retention Money. The release of the second half of the
Retention Money against a guarantee shall then be in lieu of
the release after the latest of the expiry dates of the Defects
Notification Periods. The Employer shall return the
guarantee to the Contractor within 21 days after receiving a
copy of the Performance Certificate.
If the Performance Security and, if applicable, an ES
Performance Security required under Sub-Clause 4.2 is in the
form of a demand guarantee, and the amount guaranteed
under them when the Taking-Over Certificate is issued is
more than half of the Retention Money, then the Retention
Money guarantee will not be required. If the amount
guaranteed under the Performance Security and, if
applicable, an ES Performance Security, when the Taking-
Over Certificate is issued is less than half of the Retention
Money, the Retention Money guarantee will only be required
for the difference between half of the Retention Money and
the amount guaranteed under the Performance Security and,
if applicable, an ES Performance Security.”

Sub-Clause 14.12 On the seventh line of the first paragraph, “Sub-Clause 21.6
[Arbitration]” is replaced with: “Clause 21 [Disputes and
Discharge
Arbitration]’.

Sub-Clause 14.15 Throughout Sub-Clause 14.15, “Contract Data” is replaced

with: “Schedule of Payment Currencies”.
Currencies of Payment

Sub-Clause 15.1 “and” is deleted from (b) and

Section IX – Particular Conditions of Contract 186

Notice to Correct “.” is replaced by: “; and” in (c).

The following is then added as (d)
“(d) specify the time within which the Contractor shall
respond to the Notice to Correct.”
In the third para., “shall immediately respond” is replaced
with: “shall respond within the time specified in (d)”. Further,
in the third para., “to comply with the time specified in the
Notice to Correct.” is replaced with: “to comply with the time
specified in (c).”

Sub-Clause 15.2.1 Sub-paragraph (h) is replaced with: “based on reasonable

evidence, has engaged in Fraud and Corruption as defined in
Notice
paragraph 2.2 of the Particular Conditions - Part C- Fraud and
Corruption, in competing for or in executing the Contract.”

Sub-Clause 15.8 The following new Sub-Clause is added:

Fraud and Corruption “
15.8.1 The Bank requires compliance with the Bank’s Anti-
Corruption Guidelines and its prevailing sanctions
policies and procedures as set forth in the Bank’s
Sanctions Framework, as set forth in Particular
Conditions - Part C- Fraud and Corruption.
15.8.2 The Employer requires the Contractor to disclose any
commissions or fees that may have been paid or are
to be paid to agents or any other party with respect to
the bidding process or execution of the Contract. The
information disclosed must include at least the name
and address of the agent or other party, the amount
and currency, and the purpose of the commission,
gratuity or fee.”

Sub-Clause 16.1 The following paragraph is inserted after the first paragraph:
Suspension by “Notwithstanding the above, if the Bank has suspended
Contractor disbursements under the loan or credit from which payments
to the Contractor are being made, in whole or in part, for the
execution of the Works, and no alternative funds are available
as provided for in Sub-Clause 2.4 [Employer’s Financial
Arrangements], the Contractor may by notice suspend work
or reduce the rate of work at any time, but not less than 7 days
after the Borrower having received the suspension notification
from the Bank.”

Sub-Clause 16.2.1 Sub-paragraph (j) is deleted in its entirety.

Section IX – Particular Conditions of Contract 187

Notice At the end of sub-paragraph (i): “; or” is replaced with: “.”

sub-paragraph (f) is replaced with:
“(f) the Contractor does not receive a Notice of the
Commencement Date under Sub-Clause 8.1
[Commencement of Works] within 180 days after receiving
the Letter of Acceptance, for reasons not attributable to the
Contractor.”

Sub-Clause 16.2.2 The following is added at the end of Sub-Clause 16.2.2:

Termination “In the event the Bank suspends the loan or credit from which
part or whole of the payments to the Contractor are being
made, if the Contractor has not received the sums due to him
upon expiration of the 14 days referred to in Sub-Clause 14.7
[Payment] for payments under Interim Payment Certificates,
the Contractor may, without prejudice to the Contractor's
entitlement to financing charges under Sub-Clause 14.8
[Delayed Payment], take one of the following actions, namely
(i) suspend work or reduce the rate of work under Sub-Clause
16.1 above, or (ii) terminate the Contract by giving notice to
the Employer, with a copy to the Engineer, such termination
to take effect 14 days after the giving of the notice.”

Sub-Clause 16.3 [If the Employer has made available any Employer- Supplied
Materials and/or Employer’s Equipment in accordance with
Contractor’s Obligations
Sub-Clause 2.6, include the following:]
After Termination
“and” is deleted from the end of sub-paragraph (b), sub-
paragraph (c) deleted and the following added:
“
(c) deliver to the Engineer all Employer- Supplied
Materials and/or Employer’s Equipment made
available to the Contractor in accordance with Sub-
Clause 2.6 [Employer-Supplied materials and
Employer’s Equipment]; and
(d) remove all other Goods from the Site, except as
necessary for safety, and leave the Site.”

Sub-Clause 17.1 On the fourth and fifth lines of the first paragraph, replace
Responsibility for Care of “Date of Completion of the Works” with “issue of the
the Works Taking-Over Certificate for the Works”.
[If Employer- Supplied Materials are listed in the
Specification for the Contractor’s use in the execution of
Works, include the following provision. See also Sub-Clause
2.6 [Employer-Supplied Materials and Employer’s
Section IX – Particular Conditions of Contract 188

Equipment]]
After the two instances of “Goods” in the last paragraph, the
following is added: “Employer- Supplied Materials”.
[If Employer’s Equipment are listed in the Works’
Requirements for the Contractor’s use in the execution of
Works, include the following provision. See also Sub-Clause
2.6 [Employer-Supplied Materials and Employer’s
Equipment]]
After the two instances of “Goods” in the last paragraph, the
following is added: “, Employer’s Equipment,”.

Sub-Clause 17.3 On the first line of the second paragraph, replace “notice” is
Intellectual and replaced with “a Notice”.
Industrial Property
Rights

Sub-Clause 17.7 The following Sub-Clause is added as 17.7:

Use of Employer’s “The Contractor shall take full responsibility for the care of
Accommodation/Facilitie the Employer-provided accommodation and facilities, if any,
s as detailed in the Specification, from the respective dates of
hand-over to the Contractor until cessation of occupation
(where hand-over or cessation of occupation may take place
after the date stated in the Taking-Over Certificate for the
Works)
If any loss or damage happens to any of the above items while
the Contractor is responsible for their care arising from any
cause whatsoever other than those for which the Employer is
liable, the Contractor shall, at its own cost, rectify the loss or
damage to the satisfaction of the Engineer.”

Sub-Clause 18.1 Sub-paragraph (c) is substituted with:

Exceptional Events “(c) riot, commotion, disorder or sabotage by persons other
than the Contractor’s Personnel and other employees of
the Contractor and Subcontractors;”

Sub-Clause 18.4 The following is added at the end of sub-paragraph (b) after
deleting the “.”:
Consequences of an
Exceptional Event “, including the costs of rectifying or replacing the Works
and/or Goods damaged or destroyed by Exceptional Events,
to the extent they are not indemnified through the insurance
policy referred to in Sub-Clause 19.2 [ Insurance to be
provided by the Contractor].”
Section IX – Particular Conditions of Contract 189

Sub-Clause 18.5 In sub-paragraph (c), “and necessarily” is inserted after ““was

reasonably”.
Optional Termination

Sub-Clause 19.1 The following paragraphs are added after the first:
General Requirements “Wherever the Employer is the insuring Party, each insurance
shall be effected with insurers and in terms acceptable to the
Contractor. These terms shall be consistent with terms (if any)
agreed by both Parties before the date of the Letter of
Acceptance.
This agreement of terms shall take precedence over the
provisions of this Clause."

Sub-Clause 19.2 The following is inserted as the first sentence in Sub-Clause

19.2:
insurance to be provided
by the Contractor “The Contractor shall be entitled to place all insurances
relating to the Contract (including, but not limited to the
insurance referred to Clause 19) with insurers from any
eligible source country.”

Sub-Clause 19.2.1 On the last line of the second paragraph, “Clause 12 [Tests
after completion]” is deleted.
The Works

Sub-Clause 19.2.5 The second paragraph is replaced with:

Injury to employees “The Employer and the Engineer shall also be indemnified
under the policy of insurance, against liability for claims,
damages, losses and expenses (including legal fees and
expenses) arising from injury, sickness, disease or death of
any person employed by the Contractor or any other of the
Contractor’s Personnel, except that this insurance may
exclude losses and claims to the extent that they arise from
any act or neglect of the Employer or of the Employer's
Personnel.”

Sub-Clause 20.1 In a): “any additional payment” is replaced with “payment”.

Claims

Sub-Clause 20.2 The first paragraph is replaced with:

Claims for Payment “If either Party considers that it is entitled to claim under 20.1
and/or EOT (a) or (b), the following claim procedure shall apply:”

Sub-Clause 21.1 In the second paragraph, at the end of the first sentence after
Constitution of the DAAB deleting: “.”, the following is added: “, each of whom shall
meet the criteria set forth in Sub-Clause 3.3 of Appendix-
Section IX – Particular Conditions of Contract 190

General Conditions of Dispute Avoidance/ Adjudication

Agreement.”
After the second paragraph insert the following paragraph: “If
the Contract is with a foreign Contractor, the DAAB members
shall not have the same nationality as the Employer or the
Contractor.”

Sub-Clause 21.2 For both (a) and (b): “by the date stated in the first paragraph
Failure to Appoint DAAB of Sub-Clause 21.1 [Constitution of the DAAB]” is replaced
with: “within 42 days from the date the Contract is signed by
Member (s)
both Parties”

Sub-Clause 21.6 In the first paragraph, delete starting from: “international

arbitration” up to the end of (c), and replace with the
Arbitration
following:
“arbitration. Arbitration shall be conducted as follows:
(a) if the contract is with foreign contractors, unless
otherwise specified in the Contract Data; 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
specified in the Contract Data; and the arbitration shall
be conducted in the ruling language defined in Sub-
Clause 1.4 [Law and Language].
(b) If the Contract is with domestic contractors, arbitration
with proceedings conducted in accordance with the
laws of the Employer’s country.”

Appendix- General Conditions of Dispute Avoidance/Adjudication Agreement

Title “General Conditions of Dispute Avoidance/Adjudication

Agreement” is replaced with “General Conditions of DAAB
Agreement”.

1. Definitions Sub-Clause 1.2: In both the first and third lines, “DAA
Agreement” is replaced with “DAAB Agreement”.
Sub-Clause 1.3:
-In the first line, “Dispute Avoidance/Adjudication
Agreement” or “DAA Agreement” means” is replaced with:
“DAAB Agreement” is as defined under the Contract and is”.
- In the first line of sub-paragraph (c), “DAA Agreement” is
Section IX – Particular Conditions of Contract 191

replaced with “DAAB Agreement”.

- In sub-paragraph (c)(ii), “chairman” is replaced with
“chairperson”.
Sub-Clause 1.3 “DAAB Activities” is replaced with Sub-
Clause 1.4 “DAAB Activities” and the subsequent Sub-
Clauses under Clause 1 “Definitions” renumbered:
Sub-Clause 1.7 to 12: Replace all instances of “DAA
Agreement” with “DAAB Agreement”.
In Sub-Clause 1.8 a(i):” authorised representative of the
contractor or of the Employer” is replaced with: “Contractor’s
Representative or authorised representative of the Employer”.

2. General Provisions Sub-Clause 2.2 is deleted in its entirety.

3. Warranties Sub-Clause 3.3 is deleted and replaced with the following:

“When appointing the DAAB Member, each Party relies on
the DAAB Member’s representations, that he/she;
a) has at least a bachelor’s degree in relevant disciplines
such as law, engineering, construction management or
contract management; 
b) has at least ten years of experience in contract
administration/management and dispute resolution, out
of which at least five years of experience as an
arbitrator or adjudicator in construction-related
disputes;
c) has received formal training as an adjudicator from an
internationally recognized organization; 
d) has experience and/or is knowledgeable in the type of
work which the Contractor is to carry out under the
Contract;
e) has experience in the interpretation of construction
and/or engineering contract documents;
f) has familiarity with the forms of contract published by
FIDIC since 1999, and an understanding of the dispute
resolution procedures contained therein; and
g) is fluent in the language for communications stated in
the Contract Data (or the language as agreed between
the Parties and the DAAB).”

7. Confidentiality In Sub-Clause 7.3: “or” is deleted after sub-paragraph (b),

Section IX – Particular Conditions of Contract 192

and the following added:

“or (d) is being provided to the Bank.”

9. Fees and Expenses In Sub-Clause 9.1 (c): “business class or equivalent” is

replaced with: “in less than first class”.

In Sub-Clause 9.4: “and air fares” and “other” are deleted

from the first and second sentences respectively.

10. Resignation and In Sub-Clause 10.3: “the DAA Agreement” is replaced with:
Termination “a DAAB member’s DAAB Agreement”.

Annex- DAAB Procedural Rules

Rule 4.2 On the fourth line, “chairman” is replaced with “chairperson”.

Rule 8.3 On the sixth line, “chairman” is replaced with “chairperson”.

Form of Dispute Avoidance/Adjudication Agreement

All instances of “DAA Agreement” are replaced with: “DAAB Agreement”.

In C (b): “chairman” is replaced with “chairperson”.
Section IX – Particular Conditions of Contract 193

Particular Conditions
Part C- Fraud and Corruption
(Text in this Particular Conditions - Part C shall not be modified)

1. Purpose

1.1 The Bank’s Anti-Corruption Guidelines and this annex apply with respect to
procurement under Bank Investment Project Financing operations.

2. Requirements

2.1 The Bank requires that Borrowers (including beneficiaries of Bank financing);
bidders, consultants, contractors and suppliers; any sub-contractors, sub-consultants,
service providers or suppliers; any agents (whether declared or not); and any of their
personnel, observe the highest standard of ethics during the procurement process,
selection and contract execution of Bank-financed contracts, and refrain from Fraud and
Corruption.

2.2 To this end, the Bank:

a. Defines, for the purposes of this provision, the terms set forth below as follows:

i. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or

indirectly, of anything of value to influence improperly the actions of another
party;

ii. “fraudulent practice” is any act or omission, including misrepresentation, that

knowingly or recklessly misleads, or attempts to mislead, a party to obtain
financial or other benefit or to avoid an obligation;

iii. “collusive practice” is an arrangement between two or more parties designed

to achieve an improper purpose, including to influence improperly the
actions of another party;

iv. “coercive practice” is impairing or harming, or threatening to impair or harm,

directly or indirectly, any party or the property of the party to influence
improperly the actions of a party;

v. “obstructive practice” is:

(a) deliberately destroying, falsifying, altering, or concealing of evidence

material to the investigation or making false statements to investigators
in order to materially impede a Bank investigation into allegations of a
Section IX – Particular Conditions of Contract 194

corrupt, fraudulent, coercive, or collusive practice; and/or threatening,

harass or intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the investigation or from pursuing the
investigation; or

(b) acts intended to materially impede the exercise of the Bank’s inspection
and audit rights provided for under paragraph 2.2 e. below.

b. Rejects a proposal for award if the Bank determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants,
sub-contractors, service providers, suppliers and/ or their employees, has, directly
or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices in competing for the contract in question;

c. In addition to the legal remedies set out in the relevant Legal Agreement, may take
other appropriate actions, including declaring misprocurement, if the Bank
determines at any time that representatives of the Borrower or of a recipient of any
part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive,
or obstructive practices during the procurement process, selection and/or execution
of the contract in question, without the Borrower having taken timely and
appropriate action satisfactory to the Bank to address such practices when they
occur, including by failing to inform the Bank in a timely manner at the time they
knew of the practices;

d. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the
Bank’s prevailing sanctions policies and procedures, may sanction a firm or
individual, either indefinitely or for a stated period of time, including by publicly
declaring such firm or individual ineligible (i) to be awarded or otherwise benefit
from a Bank-financed contract, financially or in any other manner 1; (ii) to be a
nominated 2 sub-contractor, consultant, manufacturer or supplier, or service
provider of an otherwise eligible firm being awarded a Bank-financed contract;
and (iii) to receive the proceeds of any loan made by the Bank or otherwise to
participate further in the preparation or implementation of any Bank-financed
project;

e. Requires that a clause be included in bidding/request for proposals documents and

in contracts financed by a Bank loan, requiring (i) bidders, consultants, contractors,
1
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.
2
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.
Section IX – Particular Conditions of Contract 195

and suppliers, and their sub-contractors, sub-consultants, service providers,

suppliers, agents personnel, permit the Bank to inspect 3 all accounts, records and
other documents relating to the submission of bids and contract performance, and
to have them audited by auditors appointed by the Bank.

3
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.
Section IX – Particular Conditions of Contract 196

Particular Conditions
Part D- Environmental and Social (ES)
Metrics for Progress Reports
[Note to Employer: the following metrics may be amended to reflect the specifics of the
Contract. The Employer shall ensure that the metrics provided are appropriate for the
Works and impacts/key issues identified in the environmental and social assessment.]]

Metrics for regular reporting:

a. environmental incidents or non-compliances with contract requirements, including

contamination, pollution or damage to ground or water supplies;
b. health and safety incidents, accidents, injuries that require treatment and all fatalities;
c. interactions with regulators: identify agency, dates, subjects, outcomes (report the
negative if none);
d. status of all permits and agreements:
(i) work permits: number required, number received, actions taken for those not
received;
(ii) status of permits and consents:
 list areas/facilities with permits required (quarries, asphalt & batch plants),
dates of application, dates issued (actions to follow up if not issued), dates
submitted to resident engineer (or equivalent), status of area (waiting for
permits, working, abandoned without reclamation, decommissioning plan
being implemented, etc.);
 list areas with landowner agreements required (borrow and spoil areas, camp
sites), dates of agreements, dates submitted to resident engineer (or
equivalent);
 identify major activities undertaken in each area in the reporting period and
highlights of environmental and social protection (land clearing, boundary
marking, topsoil salvage, traffic management, decommissioning planning,
decommissioning implementation);
 for quarries: status of relocation and compensation (completed, or details of
activities and current status in the reporting period).
e. health and safety supervision:
(i) safety officer: number days worked, number of full inspections & partial
inspections, reports to construction/project management;
(ii) number of workers, work hours, metric of PPE use (percentage of workers with
full personal protection equipment (PPE), partial, etc.), worker violations
Section IX – Particular Conditions of Contract 197

observed (by type of violation, PPE or otherwise), warnings given, repeat

warnings given, follow-up actions taken (if any);
f. worker accommodations:
(i) number of expats housed in accommodations, number of locals;
(ii) date of last inspection, and highlights of inspection including status of
accommodations’ compliance with national and local law and good practice,
including sanitation, space, etc.;
(iii) actions taken to recommend/require improved conditions, or to improve
conditions.
g. Health services: provider of health services, information and/or training, location of
clinic, number of non-safety disease or illness treatments and diagnoses (no names to
be provided);
h. gender (for expats and locals separately): number of female workers, percentage of
workforce, gender issues raised and dealt with (cross-reference grievances or other
sections as needed);
i. training:
(i) number of new workers, number receiving induction training, dates of induction
training;
(ii) number and dates of toolbox talks, number of workers receiving Occupational
Health and Safety (OHS), environmental and social training;
(iii) number and dates of communicable diseases (including STDs) sensitization
and/or training, no. workers receiving training (in the reporting period and in the
past); same questions for gender sensitization, flag person training.
(iv) number and date of SEA and SH prevention sensitization and/or training events,
including number of workers receiving training on Code of Conduct for
Contractor’s Personnel (in the reporting period and in the past), etc.
j. environmental and social supervision:
(i) environmentalist: days worked, areas inspected and numbers of inspections of
each (road section, work camp, accommodations, quarries, borrow areas, spoil
areas, swamps, forest crossings, etc.), highlights of activities/findings (including
violations of environmental and/or social best practices, actions taken), reports to
environmental and/or social specialist/construction/site management;
(ii) sociologist: days worked, number of partial and full site inspections (by area:
road section, work camp, accommodations, quarries, borrow areas, spoil areas,
clinic, HIV/AIDS center, community centers, etc.), highlights of activities
(including violations of environmental and/or social requirements observed,
actions taken), reports to environmental and/or social specialist/construction/site
management; and
(iii) community liaison person(s): days worked (hours community center open),
number of people met, highlights of activities (issues raised, etc.), reports to
environmental and/or social specialist /construction/site management.
Section IX – Particular Conditions of Contract 198

k. Grievances: list new grievances (e.g. number of allegations of SEA and SH) received
in the reporting period and number of unresolved past grievances by date received,
complainant’s age and sex, how received, to whom referred to for action, resolution
and date (if completed), data resolution reported to complainant, any required follow-
up (Cross-reference other sections as needed):
(i) Worker grievances;
(ii) Community grievances
l. Traffic, road safety and vehicles/equipment:
(i) traffic and road safety incidents and accidents involving project vehicles &
equipment: provide date, location, damage, cause, follow-up;
(ii) traffic and road safety incidents and accidents involving non-project vehicles or
property (also reported under immediate metrics): provide date, location,
damage, cause, follow-up;
(iii) overall condition of vehicles/equipment (subjective judgment by
environmentalist); non-routine repairs and maintenance needed to improve safety
and/or environmental performance (to control smoke, etc.).
m. Environmental mitigations and issues (what has been done):
(i) dust: number of working bowsers, number of waterings/day, number of
complaints, warnings given by environmentalist, actions taken to resolve;
highlights of quarry dust control (covers, sprays, operational status); % of rock/
spoil lorries with covers, actions taken for uncovered vehicles;
(ii) erosion control: controls implemented by location, status of water crossings,
environmentalist inspections and results, actions taken to resolve issues,
emergency repairs needed to control erosion/sedimentation;
(iii) quarries, borrow areas, spoil areas, asphalt plants, batch plants: identify major
activities undertaken in the reporting period at each, and highlights of
environmental and social protection: land clearing, boundary marking, topsoil
salvage, traffic management, decommissioning planning, decommissioning
implementation;
(iv) blasting: number of blasts (and locations), status of implementation of blasting
plan (including notices, evacuations, etc.), incidents of off-site damage or
complaints (cross-reference other sections as needed);
(v) spill clean-ups, if any: material spilled, location, amount, actions taken, material
disposal (report all spills that result in water or soil contamination;
(vi) waste management: types and quantities generated and managed, including
amount taken offsite (and by whom) or reused/recycled/disposed on-site;
(vii) details of tree plantings and other mitigations required undertaken in the
reporting period;
(viii) details of water and swamp protection mitigations required undertaken in the
reporting period.
n. compliance:
Section IX – Particular Conditions of Contract 199

(i) compliance status for conditions of all relevant consents/permits, for the Work,
including quarries, etc.): statement of compliance or listing of issues and actions
taken (or to be taken) to reach compliance;
(ii) compliance status of C-ESMP/ESIP requirements: statement of compliance or
listing of issues and actions taken (or to be taken) to reach compliance
(iii) compliance status of SEA and SH prevention and response action plan: statement
of compliance or listing of issues and actions taken (or to be taken) to reach
compliance
(iv) compliance status of Health and Safety Management Plan re: statement of
compliance or listing of issues and actions taken (or to be taken) to reach
compliance
(v) other unresolved issues from previous reporting periods related to environmental
and social: continued violations, continued failure of equipment, continued lack
of vehicle covers, spills not dealt with, continued compensation or blasting
issues, etc. Cross-reference other sections as needed.
Section X – Contract Forms 201

Section X - Contract Forms

Table of Forms

Notification of Intention to Award...........................................................198

Contract Agreement................................................................................205
Performance Security..............................................................................207
Performance Security..............................................................................209
Environmental and Social (ES) Performance Security.............................211
Advance Payment Security.....................................................................213
Demand Guarantee.................................................................................213
Retention Money Security.......................................................................215
Section X – Contract Forms 202

Notification of Intention to Award

[This Notification of Intention to Award shall be sent to each Bidder that submitted a Bid.]

[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 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:

a) request a debriefing in relation to the evaluation of your Bid, and/or

b) submit a Procurement-related Complaint in relation to the decision to award the

contract.

1. The successful Bidder

Name: [insert name of successful Bidder]
Address: [insert address of the successful Bidder]
Contract price: [insert contract price of the successful Bid]
Section X – Contract Forms 203

2. Other Bidders [INSTRUCTIONS: insert names of all Bidders that submitted a Bid. If
the Bid’s price was evaluated include the evaluated price as well as the Bid price as read
out.]
Evaluated Bid price
Name of Bidder Bid price
(if applicable)
[insert name] [insert Bid price] [insert evaluated price]
[insert name] [insert Bid price] [insert evaluated price]
[insert name] [insert Bid price] [insert evaluated price]
[insert name] [insert Bid price] [insert evaluated price]
[insert name] [insert Bid price] [insert evaluated price]

3. Reason/s why your Bid was unsuccessful

[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.]

4. How to request a debriefing

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
Section X – Contract Forms 204

(15) Business Days from the date of publication of the Contract Award Notice.

5. How to make a complaint

Period: Procurement-related Complaint challenging the decision to award shall be
submitted by 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)
[https://policies.worldbank.org/sites/ppf3/PPFDocuments/Forms/DispPage.aspx?
docid=4005] (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” [http://www.worldbank.org/en/projects-operations/products-and-
services/brief/procurement-new-framework#framework] provides a useful explanation of the
process, as well as a sample letter of complaint.
In summary, there are four essential requirements:
1. You must be an ‘interested party’. In this case, that means a Bidder who submitted a
Bid in this bidding process, and is the recipient of a Notification of Intention to Award.
2. The complaint can only challenge the decision to award the contract.
3. You must submit the complaint within the period stated above.
4. You must include, in your complaint, all of the information required by the
Procurement Regulations (as described in Annex III).

6. Standstill Period
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 as stated in Section 4 above.
 Section X – Contract Forms 205

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: ______________________________________________
Section X – Contract Forms 206

Beneficial Ownership Disclosure Form

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:
 directly or indirectly holding 25% or more of the shares
 directly or indirectly holding 25% or more of the voting rights
 directly or indirectly having the right to appoint a majority of the board of

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 Directly or indirectly Directly or indirectly Directly or indirectly
Owner holding 25% or more of holding 25 % or having the right to
the shares more of the Voting appoint a majority of
Rights the board of the
(Yes / No) directors or an
(Yes / No) equivalent governing
body of the Bidder
(Yes / No)

[include full name

(last, middle, first),
nationality, country of
residence]
Section X – Contract Forms 207

OR

(ii) We declare that there is no Beneficial Owner meeting one or more of the following
conditions:

 directly or indirectly holding 25% or more of the shares

 directly or indirectly holding 25% or more of the voting rights
 directly or indirectly having the right to appoint a majority of the board of directors or
equivalent governing body of the Bidder

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]
 directly or indirectly holding 25% or more of the shares
 directly or indirectly holding 25% or more of the voting rights
 directly or indirectly having the right to appoint a majority of the board of directors or
equivalent governing body of the Bidder]”

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.
.
Section X – Contract Forms 208

LETTER OF ACCEPTANCE
[letterhead paper of the Employer]

[date]

To: [name and address of the Contractor]

This is to notify you that your Bid dated [date] for execution of the [name of the Contract and
identification number, as given in the Contract Data] for the Accepted Contract Amount
[amount in numbers and words] [name of currency], 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 and an Environmental and Social
Performance Security [Delete ES Performance Security if it is not required under the contract]
within 28 days in accordance with the Conditions of Contract, using, for that purpose, one of the
Performance Security Forms and the ES Performance Security Form, [Delete reference to the ES
Performance Security Form if it is not required under the contract] and (ii) the additional
information on beneficial ownership in accordance with BDS ITB 47.1, 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

Section X – Contract Forms 209

Contract Agreement

THIS AGREEMENT made the ________ day of ________________________, _____, between

______________________________________of __________________________ (hereinafter
“the Employer”), of the one part, and ______________________ of _____________________
(hereinafter “the Contractor”), of the other part:

WHEREAS the Employer desires that the Works known as

_______________________________ should be executed by the Contractor, and has accepted a
Bid by the Contractor for the execution and completion of these Works and the remedying of any
defects therein,

The Employer and the Contractor agree as follows:

1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Contract documents referred to.

2. The following documents shall be deemed to form and be read and construed as part of
this Agreement. This Agreement shall prevail over all other Contract documents.

(a) the Letter of Acceptance;

(b) the Letter of Bid;

(c) the addenda Nos ________ (if any);

(d) the Particular Conditions;

(e) the General Conditions;

(f) the Specification;

(g) the Drawings; and

(h) the completed Schedules and any other documents forming part of the contract,
including, but not limited to:

i. the ES Management Strategies and Implementation Plans; and

ii. Code of Conduct for Contractor’s Personnel (ES).

3. In consideration of the payments to be made by the Employer to the Contractor as

specified in this Agreement, the Contractor hereby covenants with the Employer to execute the
Works and to remedy defects therein in conformity in all respects with the provisions of the
Contract.
Section X – Contract Forms 210

4. The Employer hereby covenants to pay the Contractor in consideration of the execution
and completion of the Works and the remedying of defects therein, the Contract Price or such
other sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of _____________________________ on the day, month and year
specified above.

Signed by ________________________________________________ (for the Employer)

Signed by __________________________________________________ (for the Contractor)

Section X – Contract Forms 211

Performance Security

Option 1: Demand Guarantee

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [insert name and Address of Employer]

Date: ________________[Insert date of issue]

PERFORMANCE GUARANTEE No.: _________________

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 ___________ ( ),1
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 expire, no later than the …. Day of ……, 2…2, and any demand for payment
under it must be received by us at this office indicated above on or before that date.

1 1
The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount specified
in the Letter of Acceptance, less provisional sums, if any, and denominated either in the currency(cies) of the
Contract or a freely convertible currency acceptable to the Beneficiary.
2 2
Insert the date twenty-eight days after the expected completion date as described in GC Clause 11.9. The
Employer should note that in the event of an extension of this date 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.”
Section X – Contract Forms 212

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.
Section X – Contract Forms 213

Performance Security
Option 2: Performance Bond

By this Bond____________________ as Principal (hereinafter called “the Contractor”)

and______________________________________________________________] as Surety
(hereinafter called “the Surety”), are held and firmly bound unto_____________________] as
Obligee (hereinafter called “the Employer”) in the amount of __________________, for the
payment of which sum well and truly to be made in the types and proportions of currencies in
which the Contract Price is payable, the Contractor and the Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS the Contractor has entered into a written Agreement with the Employer dated the
day of , 20___, for ___________________ in accordance
with the documents, plans, specifications, and amendments thereto, which to the extent herein
provided for, are by reference made part hereof and are hereinafter referred to as the Contract.

NOW, THEREFORE, the Condition of this Obligation is such that, if the Contractor shall
promptly and faithfully perform the said Contract (including any amendments thereto), then this
obligation shall be null and void; otherwise, it shall remain in full force and effect. Whenever the
Contractor shall be, and declared by the Employer to be, in default under the Contract, the
Employer having performed the Employer’s obligations thereunder, the Surety may promptly
remedy the default, or shall promptly:

(1) complete the Contract in accordance with its terms and conditions; or

(2) obtain a Bid or Bids from qualified Bidders for submission to the Employer for
completing the Contract in accordance with its terms and conditions, and upon
determination by the Employer and the Surety of the lowest responsive Bidder,
arrange for a Contract between such Bidder and Employer and make available as
work progresses (even though there should be a default or a succession of defaults
under the Contract or Contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the Balance of the Contract Price;
but not exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term
“Balance of the Contract Price,” as used in this paragraph, shall mean the total
amount payable by Employer to Contractor under the Contract, less the amount
properly paid by Employer to Contractor; or

(3) pay the Employer the amount required by Employer to complete the Contract in
accordance with its terms and conditions up to a total not exceeding the amount of
this Bond.
Section X – Contract Forms 214

The Surety shall not be liable for a greater sum than the specified penalty of this Bond.

Any suit under this Bond must be instituted before the expiration of one year from the date of the
issuing of the Taking-Over Certificate.

No right of action shall accrue on this Bond to or for the use of any person or corporation other
than the Employer named herein or the heirs, executors, administrators, successors, and assigns
of the Employer.

In testimony whereof, the Contractor has hereunto set its hand and affixed its seal, and the Surety
has caused these presents to be sealed with its corporate seal duly attested by the signature of its
legal representative, this day of 20 .

SIGNED ON on behalf of

By in the capacity of

In the presence of

SIGNED ON on behalf of

By in the capacity of

In the presence of
Section X – Contract Forms 215

Environmental and Social (ES) Performance Security

ES Demand Guarantee

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [insert name and Address of Employer]

Date: _ [Insert date of issue]

ES 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 ___________ ( ),1
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
Environmental and/or Social (ES) 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 expire, no later than the …. Day of ……, 2… 2, and any demand for
payment under it must be received by us at this office indicated above on or before that date.

1 1
The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount specified
in the Letter of Acceptance, less provisional sums, if any, and denominated either in the currency (cies) of the
Contract or a freely convertible currency acceptable to the Beneficiary.
2 2
Insert the date twenty-eight days after the expected completion date as described in GC Clause 11.9. The
Employer should note that in the event of an extension of this date 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.”
Section X – Contract Forms 216

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.
Section X – Contract Forms 217

Advance Payment Security

Demand Guarantee
[Guarantor letterhead or SWIFT identifier code]

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: ___________________ [Insert 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 ___________ ( )1
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)has used the advance payment for purposes other than the costs of mobilization in
respect of the Works; or

(b) has failed to repay the advance payment in accordance with the Contract conditions,
specifying the amount which the Applicant has failed to repay.

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 _________________..
1 1
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.
Section X – Contract Forms 218

The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Applicant as specified 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 a copy of the interim payment certificate indicating that ninety (90) percent of the
Accepted Contract Amount, less provisional sums, has been certified for payment, or on the ___
day of _____, 2___,2 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.

2 2
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.”
Section X – Contract Forms 219

Retention Money Security

Demand Guarantee

________________________________ [Guarantor letterhead or SWIFT identifier code]

Beneficiary: ___________________ [Insert name and Address of Employer]

Date: ________________ [Insert date of issue]

RETENTION MONEY 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 Contractor, which in the case of a joint
venture shall be the name of the joint venture] (hereinafter called "the Applicant") has entered into
Contract No. _____________ [insert reference number of the contract] dated ____________ with the
Beneficiary, for the execution of _____________________ [insert name of contract and brief
description of Works] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, the Beneficiary
retains moneys up to the limit set forth in the Contract (“the Retention Money”), and that when
the Taking-Over Certificate has been issued under the Contract and the first half of the Retention
Money has been certified for payment, payment of [insert the second half of the Retention Money
or if the amount guaranteed under the Performance Guarantee when the Taking-Over
Certificate is issued is less than half of the Retention Money, the difference between half of the
Retention Money and the amount guaranteed under the Performance Security and, if required,
the ES Performance Security] is to be made against a Retention Money 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 ___________ [insert amount in
figures] ( ) [amount in words]1 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 your needing to prove or show grounds for
your demand or the sum specified therein.
1 1
The Guarantor shall insert an amount representing the amount of the second half of the Retention Money or if
the amount guaranteed under the Performance Guarantee when the Taking-Over Certificate is issued is less
than half of the Retention Money, the difference between half of the Retention Money and the amount
guaranteed under the Performance Security and denominated either in the currency(ies) of the second half of
the Retention Money as specified in the Contract, or in a freely convertible currency acceptable to the
Beneficiary.
Section X – Contract Forms 220

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 second half of the Retention Money as
referred to above has been credited to the Applicant on its account number ___________ at
_________________ [insert name and address of Applicant’s bank].

This guarantee shall expire no later than the …. Day of ……, 2… 2, and any demand for payment
under it 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, 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.

2 2
Insert the same expiry date as set forth in the performance security, representing the date twenty-eight days
after the completion date described in GC Clause 11.9. The Employer should note that in the event of an
extension of this date 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.”