STANDARD PROCUREMENT

DOCUMENT

Request for Bids

Small Works
(Two-Envelope Bidding Process with rated criteria)

(NOT for use for contracts under Projects assessed as high risk for
SEA/SH, unless otherwise agreed with the Bank)

July 2023
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.
 i

Revisions
July 2023
This revision requires application of rated criteria for bid evaluation purposes i.e., it is
not an option.
This revision consolidates what was in separate SPDs: pre-ESF and ESF respectively, with
relevant parts marked to guide application.
This SPD requires that the successful bidder shall submit the Beneficial Ownership
Disclosure Form in accordance with the requirements of the RFB.
Further, this revision includes provisions to manage cyber security risks, to apply for
contracts that have been assessed to present potential or actual cyber security risks.
March 2021
This version includes provisions to ensure that a firm disqualified by the Bank for non-
compliance with SEA/SH obligations is not awarded a contract. This SPD is NOT for use for
contracts under Projects assessed as high risk for SEA/SH, unless agreed otherwise with the
Bank.
December 2019
This revision incorporates modifications to reflect the Bank’s Environmental and Social
Framework (2017), as appropriate.
GBV/SEA (Gender-based Violence/ Sexual Exploitation and Abuse) has been replaced with
SEA (Sexual Exploitation and Abuse) and SH (Sexual Harassment), as appropriate.
Editorial enhancements have also been made.
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 Bank’s
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.
December 2012
 ii

This revision dated December 2012 incorporates a number of changes reflecting the
experience of the Bank in using previous versions of this document (last updated version was
dated November 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.
November 2010
This revision 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 bidding document is applicable to Procurement of Small
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.
 iii

Preface
This Standard Procurement Document (SPD) for Small 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 has been updated to reflect the World Bank’s Procurement Regulations for IPF
Borrowers (Procurement Regulations), July 2016 as amended from time to time. This
Standard Procurement Document is applicable to the Procurement of Small Works funded by
IBRD or IDA financed projects whose Legal Agreement makes reference to the Procurement
Regulations.
This SPD for provision of Small Works through international competitive procurement using
a Request for Bids (RFB) method, two (2) envelope process applies rated criteria for bid
evaluation purpose.
The SPD consolidates what was in separate SPDs: pre-ESF and ESF respectively, with
relevant parts marked to guide application. This SPD is NOT for use for contracts under
Projects assessed as high risk for SEA/SH, unless agreed otherwise with the Bank. Further,
this revision includes provisions to manage cyber security risks, to apply for contracts that
have been assessed to present potential or actual cyber security risks.
This SPD is to be used for the procurement of works of admeasurement (unit price or rate) or
lump-sum through international competitive procurement using a Request for Bids (RFB)
method, two-envelope bidding process, in projects that are financed in whole or in part by the
World Bank through Investment Project Financing.
This document includes a lump-sum contract. Lump-sum contracts are used in particular for
buildings and other forms of construction where the Works are well defined and are unlikely
to change in quantity or specification, and where encountering difficult or unforeseen site
conditions (for example, hidden foundation problems) is unlikely. Lump-sum contracts
should be used for Works that can be defined in their full physical and qualitative
characteristics before bids are called, or where the risks of substantial design variations are
minimal. In lump-sum contracts, the concept of priced “activity schedules” is used, to enable
payments to be made on the basis of percentage completion of each activity.
To obtain further information on procurement under World Bank-assisted projects or for
question regarding the use of this SPD, contact:
Chief Procurement Officer
The World Bank
1818 H Street, N.W.
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.
 iv

Standard Procurement Document

Summary

Specific Procurement Notice

Specific Procurement Notice - Request for Bids (RFB)
The template attached is the Specific Procurement Notice for Request for Bids method, two-
envelope bidding process. This is the template to be used by the Borrower.

Bidding Document: Request for Bids – Small Works (Two-

Envelope Bidding Process)

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 two (2) envelope Bidding process. 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 or
Activity Schedules to be completed by the Bidder and submitted as part of its
Bid.
v

Section V - Eligible Countries

This Section contains information regarding eligible countries.
Section VI - Fraud and Corruption
This section includes the Fraud and Corruption provisions which apply to this
Bidding process.

PART 2 – WORKS’ REQUIREMENTS

Section VII - Works’ Requirements

This Section contains the Specification, the Drawings, and supplementary
information that describe the Works to be procured. The Works’
Requirements also include the environmental and social (ES) requirements.

PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section VIII - General Conditions of Contract

This Section contains the general clauses to be applied in all contracts. The
text of the clauses in this Section shall not be modified.
Section IX - Particular Conditions of Contract
This Section consists of the Particular Conditions of Contract which contains
provisions specific to each contract. The contents of this Section modify or
supplement the General Conditions of Contract and shall be prepared by the
Employer.
Section X - Contract Forms
This Section contains the Letter of Acceptance, Contract Agreement and other
relevant forms.
 vii
Specific Procurement Notice
Template

Request for Bids

Small Works
(Two-Envelope Bidding Process)

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 [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.

4. Interested eligible Bidders may obtain further information from [insert name of
implementing agency, insert name and e-mail of officer in charge] 5 and inspect the

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.
5
If electronic procurement will be used, insert link or web site address and any additional relevant
information, as appropriate
 viii

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] 6.
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 fee7 of [insert amount in Borrower’s currency or in a
convertible currency]. The method of payment will be [insert method of payment].8 The
document will be sent by [insert delivery procedure].9
6. Bids must be delivered to the address below [state address at the end of this RFB]10 on or
before [insert time and date]. Electronic bidding will [will not] be permitted. Late Bids
will be rejected. The outer Bid envelopes marked “ORIGINAL BID”, and the inner
envelopes marked “TECHNICAL PART” 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 location, time and date here]. All
envelopes marked “FINANCIAL PART” shall remain unopened and will be held in safe
custody of the Employer until the second public Bid opening.
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. 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]

6
The office for inquiry and issuance of Bidding document and that for Bid submission may or may not be the
same.
7
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.
8
For example, cashier’s check, direct deposit to specified account number, etc.
9
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.
10
Substitute the address for Bid submission if it is different from address for inquiry and issuance of Bidding
document.
 Request for Bids
Small Works
(Two-Envelope Bidding Process)

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]
 Standard Procurement Document

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

Section I - Instructions to Bidders.............................................................................................5
Section II - Bid Data Sheet (BDS)...........................................................................................39
Section III - Evaluation and Qualification Criteria..................................................................50
Section IV - Bidding Forms.....................................................................................................69
Section V - Eligible Countries...............................................................................................125
Section VI - Fraud and Corruption........................................................................................127
PART 2 – Works’ Requirements...............................................................129
Section VII - Works’ Requirements......................................................................................131
PART 3 – Conditions of Contract and Contract Forms.............................145
Section VIII - General Conditions of Contract......................................................................146
Section IX - Particular Conditions of Contract......................................................................197
Section X - Contract Forms...................................................................................................203
Part 1 – Bidding Procedures 3

PART 1 – Bidding Procedures

Section I – Instructions to Bidders (ITB) 5

Section I - Instructions to Bidders

Contents

Table of Contents

A. General.................................................................................................7
1. Scope of Bid......................................................................................................................7
2. Source of Funds................................................................................................................8
3. Fraud and Corruption........................................................................................................8
4. Eligible Bidders................................................................................................................9
5. Eligible Materials, Equipment and Services...................................................................12
B. Contents of Bidding Document...........................................................12
6. Sections of Bidding Document.......................................................................................12
7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting...................................13
8. Amendment of Bidding Document.................................................................................14
C. Preparation of Bids.............................................................................14
9. Cost of Bidding...............................................................................................................14
10. Language of Bid..............................................................................................................14
11. Documents Comprising the Bid......................................................................................15
12. Letters of Bid and Schedules..........................................................................................16
13. Alternative Bids..............................................................................................................16
14. Bid Prices and Discounts................................................................................................17
15. Currencies of Bid and Payment......................................................................................18
16. Documents Comprising the Technical Proposal.............................................................18
17. Documents Establishing the Eligibility and Qualifications of the Bidder......................18
18. Period of Validity of Bids...............................................................................................18
19. Bid Security....................................................................................................................19
20. Format and Signing of Bid..............................................................................................21
D. Submission of Bids..............................................................................22
21. Sealing and Marking of Bids..........................................................................................22
22. Deadline for Submission of Bids....................................................................................23
23. Late Bids.........................................................................................................................23
24. Withdrawal, Substitution, and Modification of Bids......................................................23
E. Public Opening of Technical Parts of Bids...........................................24
25. Public Opening of Technical Parts of Bids.....................................................................24
F. Evaluation of Bids – General Provisions..............................................25
26. Confidentiality................................................................................................................25
27. Clarification of Bids........................................................................................................26
28. Deviations, Reservations, and Omissions.......................................................................26
29. Nonmaterial Nonconformities........................................................................................26
Section I – Instructions to Bidders (ITB) 6

G. Evaluation of Technical Parts of Bids..................................................27

30. Determination of Responsiveness of Technical Part......................................................27
31. Eligibility and Qualifications of the Bidder....................................................................27
32. Detailed Evaluation of Technical Part............................................................................28
33. Subcontractors................................................................................................................28
H. Notification of Evaluation of Technical Parts and Public Opening of
Financial Parts of Bids...............................................................................28
34. Notification of Evaluation of Technical Parts and Public Opening of Financial Parts. .28
I. Evaluation of Financial Parts of Bids...................................................30
35. Evaluation of Financial Parts..........................................................................................30
36. Correction of Arithmetic Errors......................................................................................31
37. Conversion to Single Currency.......................................................................................32
38. Margin of Preference......................................................................................................32
39. Comparison of Financial Parts........................................................................................32
40. Abnormally Low Bids....................................................................................................32
41. Unbalanced or Front Loaded Bids..................................................................................33
J. Evaluation of Combined Technical and Financial Parts, Most
Advantageous Bid and Notification of Intention to Award.........................33
42. Evaluation of combined Technical and Financial Parts, Most Advantageous Bid.........33
43. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids...........................33
44. Standstill Period..............................................................................................................34
45. Notification of Intention to Award.................................................................................34
K. Award of Contract...............................................................................34
46. Award Criteria................................................................................................................34
47. Notification of Award.....................................................................................................34
48. Debriefing by the Employer...........................................................................................35
49. Signing of Contract.........................................................................................................36
50. Performance Security......................................................................................................36
51. Adjudicator.....................................................................................................................37
52. Procurement Related Complaint.....................................................................................37
Section I – Instructions to Bidders (ITB) 7

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:

(a) 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;
(b) if the context so requires, “singular” means “plural’ and
vice versa;
(c) “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;
(d) “ES” means environmental and social (including Sexual
Exploitation and Abuse (SEA), and Sexual Harassment
(SH));
(e) “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;
(f) “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
Section I – Instructions to Bidders (ITB) 8

Contractor’s Personnel with other Contractor’s or

Employer’s Personnel;
(g) “Contractor’s Personnel” is as defined in Sub- Clause 1
(ii) of the General Conditions of Contract; and
(h) “Employer’s personnel” is as defined in GCC Sub-
Clause 1 (nn) of the General Conditions of Contract.
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 are 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),
Section I – Instructions to Bidders (ITB) 9

and to have them audited by auditors appointed by the Bank.

4. Eligible Bidders 4.1 A Bidder may be a firm that is a private entity, or a state-
owned enterprise or institution —subject to ITB 4.6—or any
combination of them 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. All Bidders

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 Project Manager
for the Contract implementation;
(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 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
Section I – Instructions to Bidders (ITB) 10

(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 procurement 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.

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

the Bank’s Anti-Corruption Guidelines, in accordance with its
prevailing sanctions policies and procedures as set forth in the
WBG’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
Section I – Instructions to Bidders (ITB) 11

acceptable to the Bank, that they (i) are legally and financially
autonomous (ii) operate under commercial law, and (iii) are
not under supervision of the Employer.

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.
Section I – Instructions to Bidders (ITB) 12

B. Contents of Bidding Document

6. Sections of 6.1 The bidding document consist of Parts 1, 2, and 3, which
Bidding include all the sections specified below, and which should be
Document 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 of Contract
 Section IX - Particular Conditions of Contract
 Section X - Contract Forms

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

issued by the Employer is not part of this bidding document.

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 shall contact the Employer in writing at the Employer’s
Document, Site address specified in the BDS or raise its inquiries during the
Visit, Pre-Bid pre-Bid meeting if provided for in accordance with ITB 7.4.
Section I – Instructions to Bidders (ITB) 13

Meeting The Employer will respond in writing to any request for

clarification, provided that such request is received prior to
the deadline for submission of Bids within a period specified
in the BDS. 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
Section I – Instructions to Bidders (ITB) 14

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 Employer may amend the bidding document by issuing
Document 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 prospective Bidders reasonable time in which to take

an addendum into account in preparing their Bids, the
Employer may, at its discretion, 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 in no case
be responsible or liable for those costs, regardless of the
conduct 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 two Parts, namely the Technical Part
Comprising the and the Financial Part. These two Parts shall be submitted
Bid simultaneously in two separate sealed envelopes (two-
envelope Bidding process). One envelope shall contain only
Section I – Instructions to Bidders (ITB) 15

information relating to the Technical Part and the other, only

information relating to the Financial Part. These two
envelopes shall be enclosed in a separate sealed outer
envelope marked “ORIGINAL BID”.
11.2 The Technical Part shall contain the following:
(a) Letter of Bid – Technical Part, prepared in
accordance with ITB 12;
(b) Bid Security or Bid-Securing Declaration, in
accordance with ITB 19.1;
(c) Alternative Bid - Technical Part: if permissible in
accordance with ITB 13, the Technical Part of any
Alternative Bid;
(d) Authorization: written confirmation authorizing the
signatory of the Bid to commit the Bidder, in
accordance with ITB 20.3;
(e) Bidder’s Eligibility: documentary evidence in
accordance with ITB 17.1 establishing the Bidder’s
eligibility to Bid;
(f) Qualifications: documentary evidence in accordance
with ITB 17.2 establishing the Bidder’s qualifications to
perform the Contract if its Bid is accepted;
(g) Conformity: a technical proposal in accordance with
ITB 16; and
(h) any other document required in the BDS.
11.3 The Financial Part shall contain the following:
(a)Letter of Bid – Financial Part: prepared in accordance
with ITB 12 and ITB 14;
(b)Bill of Quantities or Activity Schedule completed in
accordance with ITB 12 and ITB 14 as specified in the
BDS;
(c)Alternative Bid - Financial Part: if permissible in
accordance with ITB 13, the Financial Part of any
Alternative Bid; and
(d)any other document required in the BDS.
11.4 The Technical Part shall not include any information related
to the Bid price. Where material financial information related
to the Bid price is contained in the Technical Part the Bid
shall be declared non-responsive.
11.5 In addition to the requirements under ITB 11.2, Bids
Section I – Instructions to Bidders (ITB) 16

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.
11.6 The Bidder shall furnish in the Letter of Bid – Financial Part
information on commissions and gratuities, if any, paid or to
be paid to agents or any other party relating to this Bid.
12. Letters of Bid and 12.1 The Letter of Bid – Technical Part, Letter of Bid – Financial
Schedules Part and Priced Activity Schedules or Bill of 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. Such parts will be identified in the BDS and
described in Section VII, Works’ Requirements. The method
for their evaluation will be stipulated in Section III,
Evaluation and Qualification Criteria.
Section I – Instructions to Bidders (ITB) 17

14. Bid Prices and 14.1 The prices and discounts quoted by the Bidder in the Letter of
Discounts Bid – Financial Part and in the Priced Activity Schedule or
Bill of Quantities shall conform to the requirements specified
below.

14.2 The Bidder shall submit a Bid for the whole of the Works
described in ITB 1.1 by filling in prices for all items of the
Works, as identified in Section IV, Bidding Forms. In case of
admeasurement contracts, 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 will not be paid for by the Employer when
executed and shall be deemed covered by the rates for other
items and prices in the Bill of Quantities.

14.3 The price to be quoted in the Letter of Bid – Financial Part, 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 indicate the
methodology for their application in the Letter of Bid -
Financial Part, in accordance with ITB 12.1.

14.5 Unless otherwise provided in the BDS, and the Conditions of

Contract, the prices quoted by the Bidder shall be fixed. If the
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, the Bidder shall
furnish the indices and weightings for the price adjustment
formulae in the Schedule of Adjustment Data in Section IV-
Bidding Forms 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 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. However, 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 prices1 and the total Bid price
Section I – Instructions to Bidders (ITB) 18

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 Schedule of
Adjustment Data are reasonable2, 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 in the Technical
Comprising the Part of the Bid including a statement of work methods,
Technical equipment, personnel, schedule and any other information as
Proposal stipulated in Section IV, Bidding Forms, in sufficient detail to
demonstrate the adequacy of the Bidders’ 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, – Technical Part,
Eligibility and included in Section IV, Bidding Forms.
Qualifications of
the Bidder 17.2 In accordance with Section III, Evaluation and Qualification
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 38.1, 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 38.1.
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.

1
In lump-sum contracts, delete “rates and prices and the.”
2
For lump-sum contracts, delete “unit rates and prices and shown in the Schedule of Adjustment Data are
reasonable” and replace with “Lump-sum.”
Section I – Instructions to Bidders (ITB) 19

18.2 In exceptional circumstances, prior to the date of expiry 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 Technical 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, and 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,
Section I – Instructions to Bidders (ITB) 20

from a reputable source, and 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 50.

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 – Technical Part and repeated in the Letter of Bid –
Financial Part or any extension thereto provided by the
Bidder; or
(b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 49; or
(ii) furnish a Performance Security and if required in
the BDS, the Environmental and Social (ES)
Section I – Instructions to Bidders (ITB) 21

Performance Security in accordance with ITB 50.

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 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 mentioned in ITB 4.1 and ITB
11.5.

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 Letters
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 49; or
(ii) furnish a Performance Security and if required in the
BDS, the Environmental, and Social (ES) Performance
Security in accordance with ITB 50;
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 as stated in the BDS.
20. Format and 20.1 The Bidder shall prepare the Bid, in accordance with this
Signing of Bid Instruction, ITB 11 and ITB 21.
20.2 Bidders shall mark as “CONFIDENTIAL” information in their
Bids which is confidential to their business. This may include
proprietary information, trade secrets or commercial or
financially sensitive information.

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
Section I – Instructions to Bidders (ITB) 22

by a power of attorney signed by their legally authorized

representatives.
20.5 Any interlineations, erasures, or overwriting shall be valid
only if they are signed or initialed by the person signing the
Bid.

D. Submission of Bids
21. Sealing and 21.1 The Bidder shall deliver the Bid in two separate, sealed
Marking of Bids envelopes (the Technical Part and the Financial Part.) These
two envelopes shall be enclosed in a separate sealed outer
envelope marked “ORIGINAL BID”.

21.2 In addition, the Bidder shall submit copies of the Bid in the
number specified in the BDS. Copies of the Technical Part
shall be placed in a separate sealed envelope marked “COPIES:
TECHNICAL PART”. Copies of the Financial Part shall be
placed in a separate sealed envelope marked “COPIES:
FINANCIAL PART”. The Bidder shall place both of these
envelopes in a separate, sealed outer envelope marked “BID
COPIES”. In the event of any discrepancy between the original
and the copies, the original shall prevail. If alternative Bids
are permitted in accordance with ITB 13, the alternative Bids
shall be submitted as follows: the original of the alternative
Bid Technical Part shall be placed in a sealed envelope
marked “ALTERNATIVE BID – TECHNICAL PART” and the
Financial Part shall be placed in a sealed envelope marked
“ALTERNATIVE BID – FINANCIAL PART” and these two
separate sealed envelopes then enclosed within a sealed outer
envelope marked “ALTERNATIVE BID – ORIGINAL”, the
copies of the alternative Bid will be placed in separate sealed
envelopes marked “ALTERNATIVE BID – COPIES OF
TECHNICAL PART”, and “ALTERNATIVE BID – COPIES OF
FINANCIAL PART” and enclosed in a separate sealed outer
envelope marked “ALTERNATIVE BID - COPIES”
21.3 The envelopes marked “ORIGINAL BID” and “BID COPIES”
(and, if appropriate, a third envelope marked “ALTERNATIVE
BID”) shall be enclosed in a separate sealed outer envelope for
submission to the Employer.

21.4 All inner and outer envelopes, shall:

(a)bear the name and address of the Bidder;

(b)be addressed to the Employer in accordance with ITB
Section I – Instructions to Bidders (ITB) 23

22.1;
(c)bear the specific identification of this Bidding process
indicated in ITB 1.1; and
(d)bear a warning not to open before the time and date for Bid
opening.

21.5 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 later than the date and time specified in the BDS. When so
Bids 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. 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 by an authorized representative, and shall include a copy of
Bids 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 withdrawal 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.
Section I – Instructions to Bidders (ITB) 24

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 the Bid validity specified by the Bidder on
the Letter of Bid or any extended date thereof.

E. Public Opening of Technical Parts of Bids

25. Public Opening of 25.1 Except in the cases specified in ITB 23 and ITB 24.2, the
Technical Parts of Employer shall publicly open and read out all Bids received
Bids 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. All Bidders, or their
representatives and any interested party may attend a public
opening. 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, the written notice of withdrawal in the 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 other envelopes marked “TECHNICAL PART” shall be

opened one at a time. All envelopes marked “SECOND
ENVELOPE: FINANCIAL PART” shall remain sealed and kept by
the Employer in safe custody until they are opened at a later
Section I – Instructions to Bidders (ITB) 25

public opening, following the evaluation of the Technical Part

parts of the Bids. On opening the envelopes marked
“TECHNICAL PART” the Employer shall read out: the name of
the Bidder, the presence or the absence of a Bid Security, or
Bid-Securing Declaration, if required, and whether there is a
modification; and Alternative Bid - Technical Part; and any
other details as the Employer may consider appropriate.
25.6 Only Technical Parts of Bids and Alternative Bid - Technical
Parts that are read out at Bid opening shall be considered
further for evaluation. The Letter of Bid- Technical Part and
the separate sealed envelope marked “SECOND ENVELOPE:
FINANCIAL PART” are to be initialed by representatives of the
Employer attending Bid opening in the manner specified in
the BDS.

25.7 At the Bid opening 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 Technical Parts of

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 receipt of envelopes marked “SECOND ENVELOPE:
FINANCIAL PART”;
(c)the presence or absence of a Bid Security or Bid-Securing
Declaration if one was required; and
(d)if applicable, any Alternative Bid – Technical Part.
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.

F. Evaluation of Bids – General Provisions

26. Confidentiality 26.1 Information relating to the evaluation of the Technical Part
shall not be disclosed to Bidders or any other persons not
officially concerned with the Bidding process until the
notification of evaluation of the Technical Part in accordance
with ITB 34. Information relating to the evaluation of
Financial Part, the evaluation of combined Technical Part and
Financial Part, and recommendation of contract award, shall
Section I – Instructions to Bidders (ITB) 26

not be disclosed to Bidders or any other persons not officially

concerned with the RFB process until the Notification of
Intention to Award the Contract is transmitted to all Bidders
in accordance with ITB 45.

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 36.

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
Reservations, and apply:
Omissions
(a) “Deviation” is a departure from the requirements
specified in the bidding document;
(b) “Reservation” is the setting of limiting conditions or
withholding from complete acceptance of the
requirements specified in the bidding document; and
(c) “Omission” is the failure to submit part, or all of the
information or documentation required in the bidding
document.
29. Nonmaterial 29.1 Provided that a Bid is substantially responsive, the Employer
Nonconformities may waive any nonconformities in the Bid.
29.2 Provided that a Bid is substantially responsive, the Employer
Section I – Instructions to Bidders (ITB) 27

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.

G. Evaluation of Technical Parts of Bids

30. Determination of 30.1 The Employer’s determination of the Technical Part’s
Responsiveness of responsiveness shall be based on the contents of the Bid, as
Technical Part specified in ITB 11.
30.2 Preliminary examination of the Technical Part shall be carried
out to identify bids that are incomplete, invalid or
substantially nonresponsive to the requirements of the
Bidding documents. 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:
(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.
30.3 If the Technical Partis 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.
31. Eligibility and 31.1 The Employer shall determine to its satisfaction whether the
Qualifications of eligible Bidders that have submitted substantially responsive
the Bidder Bid - Technical Parts meet the qualifying criteria specified in
Section III, Evaluation and Qualification Criteria.
31.2 The determination shall be based upon an examination of the
Section I – Instructions to Bidders (ITB) 28

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 different from the Bidder.
31.3 Prior to Contract award, the Employer will verify that the
successful Bidder (including each member of a JV) is not
disqualified by the Bank due to noncompliance with
contractual SEA/SH prevention and response obligations. The
Employer will conduct the same verification for each
subcontractor proposed by the successful Bidder. If any
proposed subcontractor does not meet the requirement, the
Employer will require the Bidder to propose a replacement
subcontractor.
31.4 Only substantially responsive bids submitted by eligible and
qualified bidders shall proceed to the detailed technical
evaluation specified in ITB 32.
32. Detailed 32.1 The Employer’s evaluation of Technical Part will be carried
Evaluation of out as specified in Section III, Evaluation and Qualification
Technical Part Criteria.

32.2 The scores to be given to technical factors and sub factors are
specified in the BDS.
33. Subcontractors 33.1 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.
33.2 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.
33.3 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.

H. Notification of Evaluation of Technical Parts and Public Opening

Section I – Instructions to Bidders (ITB) 29

of Financial Parts of Bids

34. Notification of 34.1 Following the completion of the evaluation of the Technical
Evaluation of Parts of the Bids, the Employer shall notify in writing those
Technical Parts Bidders whose Bids were considered non-responsive to the
and Public bidding document or failed to meet the Qualification
Opening of requirements, advising them of the following information:
Financial Parts

(a)the grounds on which their Technical Part of Bid failed to

meet the requirements of the bidding document;
(b)their envelopes marked “SECOND ENVELOPE: FINANCIAL
PART” will be returned to them unopened after the
completion of the selection process and the signing of
the Contract; and
(c)notify them of the date, time and location of the public
opening of the envelopes marked “SECOND ENVELOPE:
FINANCIAL PART”.

34.2 The Employer shall, simultaneously, notify in writing those

Bidders whose Technical Part have been evaluated as
substantially responsive to the bidding document and met all
Qualifying Criteria, advising them of the following
information:
(a)their Bid has been evaluated as substantially responsive to
the bidding document and met the qualification
requirements;
(b)their envelope marked “SECOND ENVELOPE: FINANCIAL
PART” will be opened at the public opening of the
Financial Parts; and
(c)notify them of the date, time and location of the second
public opening of the envelopes marked “SECOND
ENVELOPE: FINANCIAL PART”.

34.3 The opening date shall be not less than ten (10) Business
Days from the date of notification of the results of the
technical evaluation, specified in ITB 34.1 and 34.2.
However, if the Employer receives a complaint on the results
of the technical evaluation within the ten (10) Business Days,
the opening date shall be subject to ITB 52.1. The Financial
Part of the Bid shall be opened publicly in the presence of
Bidders’ designated representatives and anyone who chooses
to attend.
Section I – Instructions to Bidders (ITB) 30

34.4 At this public opening the Financial Parts will be opened by

the Employer in the presence of Bidders, or their designated
representatives and anyone else who chooses to attend.
Bidders who met the Qualification Criteria and whose bids
were evaluated as substantially responsive will have their
envelopes marked “SECOND ENVELOPE: FINANCIAL PART”
opened at the second public opening. Each of these envelopes
marked “SECOND ENVELOPE: FINANCIAL PART” shall be
inspected to confirm that they have remained sealed and
unopened. These envelopes shall then be opened by the
Employer. The Employer shall read out the names of each
Bidder, the technical scores and the total Bid prices, per lot
(contract) if applicable, including any discounts and
Alternative Bid - Financial Part, and any other details as the
Employer may consider appropriate.
34.5 Only envelopes of Financial Part of Bids, Financial Parts of
Alternative Bids and discounts that are opened and read out at
Bid opening shall be considered further for evaluation. The
Letter of Bid – Financial Part and the Priced Activity
Schedules are to be initialed by a representative of the
Employer attending the Bid opening in the manner specified
in the BDS.

34.6 The Employer shall neither discuss the merits of any Bid nor
reject any envelopes marked “SECOND ENVELOPE: FINANCIAL
PART”.

34.7 The Employer shall prepare a record of the Financial Part of

the Bid opening that shall include, as a minimum:
(a) the name of the Bidder whose Financial Part was
opened;
(b) the Bid price, per lot (contract) if applicable, including
any discounts; and
(c) if applicable, any Alternative Bid – Financial Part.

34.8 The Bidders whose envelopes marked “SECOND ENVELOPE:

FINANCIAL PART” have been opened or their 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.

I. Evaluation of Financial Parts of Bids

Section I – Instructions to Bidders (ITB) 31

35. Evaluation of 35.1 To evaluate the Financial Part, the Employer shall consider
Financial Parts the following:

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

provision, if any, for contingencies in the Summary Bill
of Quantities3 for admeasurement contracts, but
including Daywork4 items, where priced competitively;

(b)price adjustment for correction of arithmetic errors in

accordance with ITB 36.1;

(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 37;
(e)price adjustment due to quantifiable nonmaterial
nonconformities in accordance with ITB 35.4; and

(f) the additional evaluation factors are specified in Section

III, Evaluation and Qualification Criteria.

35.2 If price adjustment is allowed in accordance with ITB 14.5,

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.

35.3 If this bidding document allows Bidders to quote separate

prices for different lots (contracts), each lot will be evaluated
separately to determine the Most Advantageous Bid using the
methodology specified in in Section III, Evaluation and
Qualification Criteria. Discounts that are conditional on the
award of more than one lotor slice shall not be considered
for Bid evaluation.
35.4 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

3
In lump-sum contracts, delete “Bill of Quantities” and replace with “Activity Schedule.”
4
Daywork is work carried out following instructions of the Project Manager and paid for on the basis of
time spent by workers, and the use of materials and the Contractor’s equipment, at the rates quoted in the
Bid. For Daywork to be priced competitively for Bid evaluation purposes, the Employer must list tentative
quantities for individual items to be costed against Daywork (e.g., a specific number of tractor driver staff-
days, or a specific tonnage of Portland cement), to be multiplied by the Bidders’ quoted rates and included
in the total Bid price.
Section I – Instructions to Bidders (ITB) 32

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 Bidders, the Employer shall use its
best estimate.
36. Correction of 36.1 In evaluating the Financial Part of each Bid, the Employer
Arithmetic shall correct arithmetical errors on the following basis:
Errors

(a)only for admeasurement contracts, 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.

36.2 Bidders shall be requested to accept correction of arithmetical

errors. Failure to accept the correction in accordance with ITB
36.1, shall result in the rejection of the Bid.
37. Conversion to 37.1 For evaluation and comparison purposes, the currency(ies) of
Single Currency the Bids shall be converted in a single currency as specified
in the BDS.
38. Margin of 38.1 Unless otherwise specified in the BDS, a margin of preference
Preference
Section I – Instructions to Bidders (ITB) 33

for domestic Bidders5 shall not apply.

39. Comparison of 39.1 The Employer shall compare the evaluated costs of all
Financial Parts responsive and qualified Bids to determine the Bid that has
the lowest evaluated cost.
40. Abnormally Low 40.1 An Abnormally Low Bid is one where the Bid price, in
Bids combination with other constituent elements of the Bid,
appears unreasonably low to the extent that the Bid price
raises material concerns as to the capability of the Bidder to
perform the Contract for the offered Bid price.

40.2 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
correlation to the subject matter of the contract, scope,
proposed methodology, schedule, allocation of risks and
responsibilities and any other requirements of the bidding
document.
40.3 After evaluation of the price analyses, in the event that the
Employer determines that the Bidder has failed to
demonstrate its capability to deliver the contract for the
offered tender price, the Employer shall reject the Bid.
41. Unbalanced or 41.1 If the Bid for an admeasurement contract, which results in the
Front Loaded lowest evaluated cost, in the Employer’s opinion, seriously
Bids 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.
41.2 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 amount of the performance security be
increased at the expense of the Bidder to a level not
5
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 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 I – Instructions to Bidders (ITB) 34

exceeding 20% of the Contract price; or

(c)reject the Bid.

J. Evaluation of Combined Technical and Financial Parts, Most

Advantageous Bid and Notification of Intention to Award
42. Evaluation of 42.1 The Employer’s evaluation of responsive Bids will take into
combined account technical factors, in addition to cost factors in
Technical and accordance with Section III Evaluation and Qualification
Financial Parts, Criteria. The weight to be assigned for the Technical factors
Most and cost is specified in the BDS. The Employer will rank the
Advantageous Bids based on the evaluated Bid score (B).
Bid
42.2 Having compared the evaluated costs of Bids, the Employer
shall determine the Most 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 is
the Bid with the highest combined technical and financial
score.
43. Employer’s Right 43.1 The Employer reserves the right to accept or reject any Bid,
to Accept Any and to annul the Bidding process and reject all Bids at any
Bid, and to Reject time prior to Contract Award, without thereby incurring any
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.
44. Standstill Period 44.1 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 48.
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.
45. Notification of 45.1 The Employer shall send to each Bidder (that has not already
Intention to been notified that it has been unsuccessful) the Notification of
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;
Section I – Instructions to Bidders (ITB) 35

(b)the Contract price of the successful Bid;

(c)the total combined score of the successful bid;
(d)the names of all Bidders who submitted Bids, and their Bid
prices as readout, and as evaluated and technical scores;
(e)a statement of the reason(s) the Bid (of the unsuccessful
Bidder to whom the notification is addressed) was
unsuccessful;
(f) the expiry date of the Standstill Period; and
(g)instructions on how to request a debriefing and/or submit a
complaint during the standstill period.

K. Award of Contract
46. Award Criteria 46.1 Subject to ITB 43, 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 as specified in
ITB 42.
47. Notification of 47.1 Prior to the expiration of the Bid validity and upon expiry of
Award the Standstill Period, specified in ITB 44.1 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”).
47.2 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;
Section I – Instructions to Bidders (ITB) 36

(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.
47.3 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.
47.4 Until a formal Contract is prepared and executed, the Letter of
Acceptance shall constitute a binding Contract.
48. Debriefing by the
48.1 On receipt of the Employer’s Notification of Intention to
Employer Award referred to in ITB 45.1, 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.

48.2 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

48.3 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.

48.4 Debriefings of unsuccessful Bidders may be done in writing

or verbally. The Bidder shall bear their own costs of attending
such a debriefing meeting.
49. Signing of 49.1 The Employer shall send to the successful Bidder the Letter
Contract
Section I – Instructions to Bidders (ITB) 37

of Acceptance including the Contract Agreement, and a

request to submit the Beneficial Ownership Disclosure Form
providing additional information on its beneficial ownership.
The Beneficial Ownership Disclosure Form shall be
submitted within eight (8) Business Days of receiving this
request.

49.2 The successful Bidder shall sign, date and return to the
Employer, the Contract Agreement within twenty-eight (28)
days of its receipt.
50. Performance 50.1 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 General Conditions of Contract, subject
to ITB 41.2 (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.

50.2 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
to sign the Contract Agreement 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.
51. Adjudicator 51.1 The Employer proposes the person named in the BDS to be
appointed as Adjudicator under the Contract, at the hourly fee
specified in the BDS, plus reimbursable expenses. If the
Bidder disagrees with this proposal, the Bidder should so state
in his Bid. If, in the Letter of Acceptance, the Employer does
not agree on the appointment of the Adjudicator, the
Employer will request the Appointing Authority designated in
the Particular Conditions of Contract (PCC) pursuant to
Clause 23.1 of the General Conditions of Contract (GCC), to
Section I – Instructions to Bidders (ITB) 38

appoint the Adjudicator.

52. Procurement 52.1 The procedures for making a Procurement-related Complaint
Related are as specified in the BDS.
Complaint
Section II – Bid Data Sheet (BDS) 39

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 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 num-
ber]_______________
Section II – Bid Data Sheet (BDS) 40

ITB 4.5 A list of debarred firms and individuals is available on the Bank’s exter-
nal 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]

ITB 7.1 Requests for clarification should be received by the Employer no later
than: [insert no. of days].
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
Section II – Bid Data Sheet (BDS) 41

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
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 11.2 (h) The Bidder shall submit the following additional documents in the
Technical Part of its Bid: [list any additional document not already
listed in ITB 11.2 that must be submitted with the Bid. The list of
additional documents should 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 (ii) 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
Section II – Bid Data Sheet (BDS) 42

response action plan]; [e.g., Traffic Management Plan to ensure

safety of local communities from construction traffic];
[If the contract has been assessed to present potential or actual cyber
security risks, the method statement must also be required to include
method statement, management strategies, implementation plans and
innovations to manage cyber security risks. Further, if there is assessed
supply chain risk, the method statement must be required to include
method statement to manage supply chain risks.]

ITB 11.3 (b) The following schedules shall be submitted with the Bid: [insert
schedules that must be submitted with the Bid, including the priced
Bill of Quantities for admeasurement contracts or Activity Schedule
for lump-sum contracts]

ITB 11.3 (d) The Bidder shall submit the following additional documents in its Bid:
[list any additional document not already listed in ITB 11.3 that must
be submitted with the Bid]

ITB 13.1 Alternative Bids [insert “shall be” or “shall not be”] _______
considered.
[If alternatives shall be considered, the methodology shall be defined
in Section III, Evaluation and Qualification Criteria. See Section III
for further details]

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 Qualifica-
tion 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 [insert “shall be” or “shall not be”]
____________subject to adjustment during the performance of the
Contract.

ITB 15.1 The price shall be quoted by the Bidder in: [insert 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
Section II – Bid Data Sheet (BDS) 43

the “foreign currency requirements”) and wishing to be paid accordingly,

shall indicate up to three foreign currencies of their choice expressed as a
percentage of the Bid price, together with the exchange rates used in the
calculations in the appropriate form(s) included in Section IV, Bidding
Forms.

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).] [To minimize the risk of errors by bidders, the
bid validity period is a specific date and not linked to the deadline for
submission of bids. As stated in ITB 18.1, if there is a need to extend
the date, for example because the bid submission deadline is
significantly extended by the Purchaser, the revised bid validity date
shall be specified in accordance with ITB 8].

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.]
[Note: using this Two-envelope Bidding process requires placing the
Bid Security in the first envelope – Technical Part: this is only possible
if the amount of the Bid Security is a fixed amount for all participant
Bidders]
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
Section II – Bid Data Sheet (BDS) 44

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 [Delete if not applicable: 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 the Bidder ineligible to be awarded a contract for a
period of time should the Bidder perform any of the actions mentioned
in provision ITB 19.9 (a) and (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 ______[insert number of
years] years starting from the date the Bidder performs any of the
actions.

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 of Bids
ITB 21.2 In addition to the original of the Bid, the number of copies is: [insert
number of copies] ________.

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
Section II – Bid Data Sheet (BDS) 45

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 2023]
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.]
The electronic bidding submission procedures shall be: [insert a
description of the electronic bidding submission procedures.]

E. Public Opening of Technical Parts of Bids

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 2023]
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 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 – Technical Part and the sealed envelope marked
“SECOND ENVELOPE: FINANCIAL PART” 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.]
Section II – Bid Data Sheet (BDS) 46

G. Evaluation of Technical Parts of Bids

ITB 32.1 The technical factors (sub-factors) and the corresponding weight out of
100% are: [If the contract has been assessed to present potential or
actual cyber security risks, the technical factors must include method
statement, management strategies, implementation plans and
innovations to manage cyber security risks. Further, if there is assessed
supply chain risk, the technical factors must include method statement
to manage supply chain risks.]
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, team composition,
qualifications and experience of
Contractor’s Personnel
4. Work Program
5. Management strategies and implementation
plans (MSIPs) for ES
6. Quality of Sustainable Procurement Proposal
7. Key equipment strategy
8. [The above are proposed headings.
Expand as appropriate to enable
evaluation. Modify and/or add any other
factors as appropriate]
[The above technical factors may be modified as appropriate ensuring that
the documents requested from Bidders as part of their technical bid
(Section IV) enable evaluation of technical factors.]
[The weights should be allocated in terms of the relative significance of the
technical factors. To enable evaluation of the technical factors, insert
technical sub-factors consistent with the expectation and corresponding
weights, as appropriate].

ITB 33.1 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 33.2 [Indicate N/A if not applicable]

The parts of the Works for which the Employer permits Bidders to propose
Section II – Bid Data Sheet (BDS) 47

Specialized Subcontractors are designated as follows:

a. _______________
b. _______________
c. _______________
For the above-designated parts of the Works that may require Specialized
Subcontractors, the relevant qualifications of the proposed Specialized
Subcontractors will be added to the qualifications of the Bidder for the
purpose of evaluation.

ITB 33.3 Contractor’s proposed subcontracting: Maximum percentage of

subcontracting permitted is: _______% of the [insert either: “total
contract amount” or “volume of work.”]
Bidders planning to subcontract 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 qualifications.

H. Notification of Evaluation of Technical Parts and Public Opening of

Financial Parts
ITB 34.5 The Letter of Bid – Financial Part and Schedules shall be initialed by
_______ [insert number] representatives of the Employer conducting
Bid opening. __________ [Insert procedure: Example: Each
Financial Part of 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.]

I. Evaluation of Financial Parts of Bids

ITB 37.1 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 the name of the 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 June 2020 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.]

ITB 38.1 [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
Section II – Bid Data Sheet (BDS) 48

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 insert “The application
methodology shall be as stipulated in Section III, Evaluation and
Qualification Criteria)”]

J. Evaluation of Combined Technical and Financial Parts and Most

Advantageous Bid
ITB 42.1 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).]

K. Award of Contract
ITB 50.1 and [Delete the following if not applicable]
50.2 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 51 The Adjudicator proposed by the Employer is: _________________

[insert name and address of proposed Adjudicator]. The hourly fee for
Adjudicator
this proposed Adjudicator shall be: __________ [insert amount and
currency]. The biographical data of the proposed Adjudicator is as
follows:
_________________________________________________________
[provide relevant information, such as education, experience, age,
nationality, and present position; attach additional pages as necessary

ITB 52.1 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
Section II – Bid Data Sheet (BDS) 49

following:
1. the terms of the Bidding Documents;
2. the Employer’s decision to exclude a Bidder from the
procurement process prior to the award of contract; and
3. the Employer’s decision to award the contract.
Section III – Evaluation and Qualification Criteria) 50

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 those 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 amount 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 37.1.
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 procurement 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 51

Table of Criteria

1. Technical Part.........................................................................................52
2. Financial Part..........................................................................................66
3. Combined Evaluation................................................................................67
4. Multiple Contracts....................................................................................68
Section III – Evaluation and Qualification Criteria 52

Section III - Evaluation and Qualification Criteria

1. Technical Part
1.1 Evaluation of Technical Proposal
Assessment of adequacy of Technical Proposal with Requirements in accordance with
ITB 32.1.
…………………………………………………………………………………………………
[Insert minimum technical requirements, if any, (or refer to appropriate technical
requirements parts) that have to be met by the technical proposals prior to being considered
for technical evaluation by applying the scored technical factors/subfactors in accordance
with BDS ITB 32.2]
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 BDS ITB 32.2.

Technical Proposal Scoring Methodology

[NOTE TO THE EMPLOYER: The Employer shall develop a scoring methodology to be

included here. The following is only an example and can be modified to fit the purpose:]

Score (of the total Description Remarks

score for the
factor/subfactor
as applicable
0 Required feature is absent; no relevant
information to demonstrate how the requirement is
met
1 Required feature present with deficiencies such as
insufficient or information that lacks clarity
2 Sufficient information to demonstrate how the
requirement will be met
3 Sufficient information to demonstrate that the
requirement will be marginally exceeded
4 Sufficient information that significantly exceed the
requirement/proposal contributes to significant
value addition

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:
Section III - Evaluation and Qualification Criteria 53

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 BDS, and
n = the number of Factors
n
∑ W j =1
j=1
and
1.2 Alternative Technical Solutions for specified parts
of Works
The acceptability of technical alternatives for parts of the Works, if permitted under ITB
13.4, will be determined as follows:
…………………………………………………………………………………………………
…………………………………………………………………………………………………

1.3 Specialized Subcontractors

If permitted under ITB 33, only the specific experience of Subcontractors for specialized
works permitted by the Employer will be considered. The general experience and financial
54 Section III - Evaluation and Qualification Criteria

resources of the Specialized Subcontractors shall not be added to those of the Bidder for
purposes of qualification of the Bidder.
…………………………………………………………………………………………………
………………………………………………………………………………………
55 Section III - Evaluation and Qualification Criteria

1.4 Qualification Criteria

Pursuant to ITB 31.1, the Employer shall assess each Bid against the following Qualification Criteria. Requirements not included
in the text below shall not be used in the evaluation of the Bidder’s qualifications.

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture (existing or intended)
Submission
No. Subject Requirement Single Entity All members At least one
Each member Requirements
Combined member
1. Eligibility
1.1 Nationality Nationality in accordance with Must meet Must meet Must meet N/A Forms ELI – 1.1
ITB 4.4 requirement requirement requirement and 1.2, with
attachments
1.2 Conflict of No conflicts of interest in Must meet Must meet Must meet N/A Letter of Bid
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 Letter of Bid
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 Forms ELI – 1.1
enterprise or requirement requirement requirement and 1.2, with
institution of the attachments
Borrower country
1.5 United Nations Not having been excluded as a Must meet Must meet Must meet N/A Forms ELI – 1.1
resolution or result of prohibition in the requirement requirement requirement and 1.2, with
Borrower’s Borrower’s country laws or attachments
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.
Section III – Evaluation and Qualification Criteria

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture (existing or intended)
Submission
No. Subject Requirement Single Entity All members At least one
Each member Requirements
Combined member
2. Historical Contract Non-Performance
2.1 History of Non- Non-performance of a contract6 Must meet Must meet Must meet N/A Form CON-2
Performing did not occur as a result of requirement1 and 2 requirements requirement7
Contracts contractor default since 1st
January [Insert year].
2.2 Suspension Not under suspension based on Must meet Must meet Must meet N/A Letter of Bid
Based on execution of a Bid/Proposal requirement requirement requirement
Execution of Securing Declaration pursuant
Bid/Proposal to 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 Form CON – 2
Litigation prospective long term requirement requirement
profitability sound according to
criteria established in 3.1
below and assuming that all
pending litigation will be
resolved against the Bidder
2.4 Litigation No consistent history of Must meet Must meet Must meet N/A Form CON – 2
History court/arbitral award decisions requirement requirement requirement
against the Bidder8 since 1st
January [insert year]

6
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.
7
This requirement also applies to contracts executed by the Bidder as JV member.
8
The Bidder shall provide accurate information on the letter of Bid about any litigation or arbitration resulting from contracts completed or ongoing under
its execution over the last five years. A consistent history of court/arbitral awards against the Bidder or any member of a joint venture may result in
disqualifying the Bidder.
Section III - Evaluation and Qualification Criteria

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture (existing or intended)
Submission
No. Subject Requirement Single Entity All members At least one
Each member Requirements
Combined member
2.5 Declaration: Declare any civil work Each must
Environmental contracts that have been make the
Must make the
and Social (ES) suspended or terminated and/or declaration.
declaration.
past performance security called by Where there are
Where there are
performance an employer for reasons of Specialized
Specialized Sub- Form CON-3 ES
breach of environmental or Sub-
contractor/s, the N/A N/A Performance
social (including Sexual contractor/s, the
Specialized Sub- Declaration
Exploitation and Abuse)) Specialized
contractor/s must
contractual obligations in the Sub-
also make the
past five years.9 contractor/s
declaration.
must also make
the declaration.
2.6 Bank’s SEA At the time of Contract Award, Must meet N/A Must meet N/A Letter of Bid,
and/or SH not subject to disqualification requirement(inclu requirement Form CON-4
Disqualification by the Bank for non- ding each (including each
compliance with SEA/ SH subcontractor subcontractor
obligations proposed by the proposed by the
Bidder) Bidder)

If the Bidder had been subject Must meet N/A Must meet N/A Letter of Bid,
to disqualification by the Bank requirement requirement Form CON-4
for non-compliance with SEA/ (including each (including each
SH obligations, the Bidder subcontractor subcontractor
shall either (i) provide proposed by the proposed by the
evidence of an arbitral award Bidder) Bidder)
on the disqualification made in
its favour; or (ii) demonstrate
that it has adequate capacity
and commitment to comply
with SEA/SH prevention and
response obligations; or (iii)
provide evidence that it has

9
The Employer may use this information to seek further information or clarifications in carrying out its due diligence.
Section III – Evaluation and Qualification Criteria

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture (existing or intended)
Submission
No. Subject Requirement Single Entity All members At least one
Each member Requirements
Combined member
already demonstrated such
capacity and commitment on
another Bank financed works
contract.

3. Financial Situation and Performance

3.1 Financial (i) The Bidder shall Must meet Must meet N/A N/A Form FIN – 3.1,
Capabilities demonstrate that it has access requirement Requirement with attachments
to, or has 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
$ ______________for the
subject contract(s) net of the
Bidder’s other commitments

(ii) The Bidders shall also Must meet Must meet N/A N/A
demonstrate, to the satisfaction requirement requirement
of the Employer, that it has
adequate sources of finance to
meet the cash flow
requirements on works
currently in progress and for
future contract commitments.

(iii) The audited balance sheets Must meet N/A Must meet N/A
or, if not required by the laws requirement requirement
of the Bidder’s Country, other
Section III - Evaluation and Qualification Criteria

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture (existing or intended)
Submission
No. Subject Requirement Single Entity All members At least one
Each member Requirements
Combined member
financial statements acceptable
to the Employer, for the last
_________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 Annual Minimum average annual Must meet Must meet Must meet Must meet Form FIN – 3.2
Construction construction turnover of US$ requirement requirement ________%, __________%,
Turnover [insert amount in US$ ___________of ___________of
equivalent in words and the requirement the requirement
figures]______________,
calculated as total certified
payments received for
contracts in progress and/or
completed within the last
________years, divided by
__________[insert number of
years in words] years
4. Experience
4.1 General Experience under construction Must meet N/A Must meet N/A Form EXP – 4.1
(a) Construction contracts in the role of prime requirement requirement
Experience contractor, JV member, sub-
contractor, or management
contractor for at least the last
[insert number]
________years, starting 1st
January _____[insert year].
4.2 Specific (i) A minimum number of Must meet Must meet N/A Must meet the Form EXP 4.2(a)
(a) Construction & [state the number] similar requirements requirement12 following
Contract contracts specified below that requirements for
Section III – Evaluation and Qualification Criteria

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture (existing or intended)
Submission
No. Subject Requirement Single Entity All members At least one
Each member Requirements
Combined member
Management have been satisfactorily and the key
Experience substantially10 completed as a activities listed
prime contractor, joint venture below [list key
member11, management activities and
contractor or sub-contractor6 the
between 1st January [insert corresponding
year] and bid submission minimum
deadline: requirements to
(i) N contracts, each of be met by one
minimum value V; member
otherwise state:
Or
”N/A”]
(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; [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
10
Substantial completion shall be based on 80% or more works completed under the contract.
11
For contracts under which the Bidder participated as a joint venture member or sub-contractor, only the Bidder’s share, by value, shall be considered to
meet this requirement.
12
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

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture (existing or intended)
Submission
No. Subject Requirement Single Entity All members At least one
Each member Requirements
Combined member
from the options mentioned in
ITB 35.3]
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 33.2] [If
cyber security risk has been
assessed to present potential or
actual cyber security risks,
include key relevant specific
experience requirement to
demonstrate cyber security
experience, practice and track
record, including relevant
Cyber security accreditation
such as ISO 27000 (ISO
27001) or equivalent.]

4.2 For the above and any other Must meet Must meet N/A Must meet the Form EXP – 4.2
(b) contracts [substantially requirements requirements following (b)
completed and under [Specify requirements for
[Specify activities
implementation] as prime activities that the key
that may be met
contractor, joint venture may be met activities listed
through a
member, or sub-contractor through a below15 [if
specialized
between 1st January [insert Specialized applicable, out
subcontractor, if
Section III – Evaluation and Qualification Criteria

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture (existing or intended)
Submission
No. Subject Requirement Single Entity All members At least one
Each member Requirements
Combined member
year] and Application permitted in Subcontractor, of the key
submission deadline, a accordance with if permitted in activities in the
minimum construction ITB 33.3] accordance first column of
experience in the following key with ITB 33.3] this 4.2 (b), list
activities successfully key activities
completed13: [list key activities (volume,
indicating volume, number or number or rate
rate of production as of production as
applicable. applicable) and
the
Under 4.2(a), specified corresponding
requirements define similarity minimum
of contracts, whereas the key requirements
activities or production rates that have to be
to be specified under 4.2 (b) met by one
define the required capability member,
of the Applicant to execute the otherwise this
Works. There shall not be any cell should
inconsistency or repetition of state: “N/A”]
requirement between 4.2(a)
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,
]14
13
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.
14
The minimum experience requirement for multiple contracts will be the sum of the minimum requirements for respective individual contracts, unless
specified otherwise.
15
Section III - Evaluation and Qualification Criteria

Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture (existing or intended)
Submission
No. Subject Requirement Single Entity All members At least one
Each member Requirements
Combined member
4.2 Specific For contracts [substantially Must meet Must meet Must meet the Must meet the Form EXP – 4.2
(c) Experience in completed and under requirements requirements following following (c)
managing ES implementation] as prime requirements: requirements:
aspects [add, if contractor, joint venture [list key [list key
applicable: “and member, or Subcontractor requirements to requirements to
any additional between 1st January [insert be met by each be met by one
sustainable year] and Application member member
procurement submission deadline, otherwise state: otherwise state:
aspects”] experience in managing ES ”N/A”] ”N/A”]
risks and impacts in the
following aspects: [Consistent
with ES assessment and any
additional sustainable
procurement objectives of the
contract, specify, as
appropriate, specific
experience requirements to
manage ES and any additional
sustainable procurement
aspects, or refer to
requirements that the
Employer specifies in Section
VII.]
Note: [For Multiple lots (contracts) specify financial and experience criteria for each lot under 3.1, 3.2, 4.2(a), 4.2(b) and 4.2
(c)]
Section III - Evaluation and Qualification Criteria 64

5. Key Personnel

The Bidder must demonstrate that it will have suitably qualified (and in adequate
numbers) Key Personnel, as described in the Specification.
The Bidder shall provide details of the 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. [If the contract has been assessed to present
potential or actual cyber security risks, the Bidder must be required to include
Cyber security expert/s among the Key Personnel.]
6. Equipment

The Bidder must demonstrate that it has access to the key equipment listed hereafter:
[Specify requirements for each lot as applicable]

Minimum Number
No. 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.
7. Multiple Contracts

This section describes criteria for qualification for each lot (contract) for multiple
lots (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;
Section III - Evaluation and Qualification Criteria

Or
Option 2:
(i) N contracts, each of minimum value V; or
(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;
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.
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.
Section III – Evaluation and Qualification Criteria

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
(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 +---.
Section III - Evaluation and Qualification Criteria

2. Financial Part

2.1 Margin of Preference

If 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:
(a) 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.
(b) After Bids have been received and reviewed by the Employer, responsive Bids shall be
classified into the following groups:
(i) Group A: Bids offered by domestic contractors eligible for the preference.
(ii) Group B: Bids offered by other contractors.
All evaluated Bids 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 Bid from Group A is the Most
Advantageous Bid, it shall be selected for the award, if the Bidder 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 Advantageous Bid from
Group B based on the first evaluation step shall be selected.
In addition to the criteria listed in ITB 35.1 (a) – (e) the following criteria shall apply [The
following are examples. Modify/add as appropriate]

2.2 Alternative Completion Time

An alternative Completion Time, if permitted under ITB 13.2, will be evaluated as follows:
…………………………………………………………………………………………………
…………………………………………………………………………………………………
Section III – Evaluation and Qualification Criteria

2.3 Alternative Technical Solutions for specified parts

of the Works
If the alternative technical solutions of parts of the Works, if permitted under ITB 13,4, were
accepted in the evaluation of the Technical Part, the Financial Part of the Bid shall be
evaluated as follows:
…………………………………………………………………………………………………
…………………………………………………………………………………………………

3. 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:

where
C = Evaluated Bid Cost
C low = the lowest of all Evaluated Bid Costs among responsive Bids
T = the total Technical Score awarded to the Bid
Thigh = the Technical Score achieved by the Bid that was scored best among
all responsive Bids
X = weight for Cost as specified in the BDS

The Bid with the best evaluated Bid Score (B) among responsive Bids shall be the
Most Advantageous Bid provided the Bidder is qualified to perform the
Contract.
4. Multiple Contracts
Section III - Evaluation and Qualification Criteria

Section IV - Bidding Forms

If permitted under ITB 35.3, will be evaluated as follows:
Award Criteria for Multiple Contracts [ITB 35.3]:
[“If not applicable state ‘Not Applicable”.]
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 a Bidder, with a Bid that is 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
Bidders are qualified.
Cross discounts for award of multiple lots will not be considered.

Table of Forms
Letter of Bid - Technical Part.....................................................................71
Appendix A to Technical Part: Technical Proposal.....................................74
Site Organization.............................................................................................................75
Method Statement............................................................................................................76
Mobilization Schedule.....................................................................................................77
Construction Schedule.....................................................................................................78
Environmental and Social, Health Management Strategies and Implementation Plans
(ES-MSIP).......................................................................................................................79
Sustainable Procurement Proposal..................................................................................80
Code of Conduct for Contractor’s Personnel (ES) Form.................................................81
Others...............................................................................................................................85
Appendix B to Technical Part: Equipment.................................................86
Appendix C to Technical Part: Key Personnel............................................87
Form PER -1: Key Personnel Schedule...........................................................................88
Form PER-2: Resume and Declaration............................................................................90
Appendix D to Technical Part: Bidder’s Qualification................................92
Form ELI -1.1 Bidder Information Form........................................................................93
Form ELI -1.2 Bidder's JV Information Form.................................................................94
Section III – Evaluation and Qualification Criteria

Form CON – 2 Historical Contract Non-Performance, Pending Litigation and Litigation

History.............................................................................................................................95
Form CON – 3: Environmental and Social (ES) Performance Declaration....................97
Form CON – 4 Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment
Performance Declaration.................................................................................................99
Form FIN – 3.1 Financial Situation and Performance..................................................101
Form FIN – 3.2 Average Annual Construction Turnover.............................................103
Form FIN – 3.3 Financial Resources.............................................................................104
Form FIN – 3.4 Current Contract Commitments / Works in Progress..........................105
Form EXP - 4.1 General Construction Experience.......................................................106
Form EXP - 4.2(a) Specific Construction and Contract Management Experience.......107
Form EXP - 4.2(a) (cont.) Specific Construction and Contract Management Experience
(cont.).............................................................................................................................108
Form EXP - 4.2(b) Construction Experience in Key Activities....................................109
Form EXP - 4.2(c) Specific Experience in Managing ES aspects and any additional
sustainable procurement aspects....................................................................................111
Appendix E to Technical Part: Bid Security.............................................112
Form of Demand Guarantee..........................................................................................112
Form of Bid Security – Bid Bond..................................................................................114
Form of Bid-Securing Declaration................................................................................116
Letter of Bid - Financial Part....................................................................117
Appendix A to Financial Part: Schedules..............................................................................119
Activity Schedule...........................................................................................................122
Schedule of Payment Currencies...................................................................................123
Schedule(s) of Adjustment Data....................................................................................124
Section IV – Bidding Forms 71

Letter of Bid - Technical Part

INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED
THE DOCUMENT

The Bidder must prepare this Letter of Bid on stationery with its letterhead clearly showing
the Bidder’s complete name and business address.

Note: All italicized text is to help Bidders in preparing this form.

Date of this Bid submission: [insert date (as day, month and year) of Bid submission]
Request for Bid No.: [insert identification]
Alternative No.: [insert identification No if this is a Bid for an alternative]

To: [insert complete name of Employer]

We, the undersigned, hereby submit our Bid, in two parts, namely:
(a) the Technical Part, and
(b) the Financial Part
In submitting our Bid, we make the following declarations:
(a) No reservations: We have examined and have no reservations to the bidding document,
including Addenda issued in accordance with Instructions to Bidders (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 Declaration or Proposal-Securing
Declaration in the Employer’s country in accordance with ITB 4.7;
(d) Exploitation and Abuse (SEA) and/or Sexual Harassment (SH): [select the
appropriate option from (i) to (v) below and delete the others].

We [where JV, insert: “including any of our JV members”], and any of our
subcontractors:
i. [have not been subject to disqualification by the Bank for non-compliance with
SEA/ SH obligations.]
ii. [are subject to disqualification by the Bank for non-compliance with SEA/ SH
obligations.]
Section IV – Bidding Forms 72

iii. [had been subject to disqualification by the Bank for non-compliance with SEA/
SH obligations. An arbitral award on the disqualification case has been made in
our favor.]
iv. [had been subject to disqualification by the Bank for non-compliance with SEA/
SH obligations for a period of two years. We have subsequently provided and
demonstrated that we have adequate capacity and commitment to comply with
SEA and SH prevention and response obligations.]
v. [had been subject to disqualification by the Bank for non-compliance with SEA/
SH obligations for a period of two years. We have attached documents
demonstrating that we have adequate capacity and commitment to comply with
SEA and SH prevention and response obligations.]
(e) Conformity: We offer to execute in conformity with the bidding document the
following Works: [insert a brief description of the Works]
;
(f) 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 on
or before this date;
(g) 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;
(h) One Bid Per Bidder: We are not submitting any other Bid(s) as an individual Bidder or
as a subcontractor, and we are not participating in any other Bid(s) as a Joint Venture
member, and meet the requirements of ITB 4.3, other than alternative Bids submitted in
accordance with ITB 13;
(i) 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;
(j) 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];
(k) 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;
Section IV - Bidding Forms 73

(l) 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;
(m) 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;
(n) Adjudicator: We accept the appointment of [insert name proposed in Bid Data Sheet]
as the Adjudicator.
[or]
We do not accept the appointment of [insert name proposed in Bid Data Sheet] as the
Adjudicator and propose instead that [insert name] be appointed as Adjudicator, whose daily
fees and biographical data are attached.

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]

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

Appendix A to Technical Part: Technical Proposal

Section IV – Bidding Forms 74

Site Organization
[insert Site Organization information]
Section IV - Bidding Forms 75

Method Statement
[insert Method Statement]
[If the contract has been assessed to present potential or actual cyber security risks, the
method statement must also include method statement, management strategies,
implementation plans and innovations to manage cyber security risks. Further, if there is
assessed supply chain risk, the method statement must include method statement to manage
supply chain risks.]
Section IV – Bidding Forms 76

Mobilization Schedule
[insert Mobilization Schedule]
Section IV - Bidding Forms 77

Construction Schedule
[insert Construction Schedule]
Section IV – Bidding Forms 78

Environmental and Social, Health 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 11.2 (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 79

Sustainable Procurement Proposal

[Note to Bidder: In addition to submitting the required ES Management Strategies and
Implementation Plans, the Bidder shall provide its proposal to demonstrate how additional
sustainable procurement requirements, if any, specified in Section VII- Works’ Requirements
would be addressed. The Bidder shall also provide its proposal, if any, for exceeding the
sustainable procurement requirements.]
Section IV – Bidding Forms 80

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: labor influx, spread
of communicable diseases, and Sexual Exploitation and Abuse (SEA), Sexual
Harassment (SH) etc.
Delete this Box prior to issuance of the bidding documents.

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, laborers 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
Section IV - Bidding Forms 81

Contractor’s Personnel shall:

1. carry out his/her duties competently and diligently;
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, and 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:
Section IV – Bidding Forms 82

1. Contact [enter name of the Contractor’s Social Expert with relevant experience in
handling gender-based violence, or if such person is not 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 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 constituting Sexual Harassment (SH)
Section IV - Bidding Forms 83

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 84

Others
Section IV - Bidding Forms 85

Appendix B to Technical Part: 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

(a) 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 86

Appendix C to Technical Part: Key Personnel

Section IV - Bidding Forms 87

Form PER -1: Key Personnel Schedule

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

Key Personnel

1. Title of position:

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. 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. 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. 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]
Section IV – Bidding Forms 88

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:
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. Title of position: Cyber security Expert/s
[Include as required]

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 89

Form PER-2: Resume and Declaration

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 responsibilities
project [time in role] [describe the experience relevant to this position]
on the project]
details]
Section IV – Bidding Forms 90

Declaration

I, the undersigned Key Personnel, 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 contract: [insert period (start and end dates) for which this Key Personnel is
available to work on this contract]
Time commitment: [insert the number of days/week/months/ that this Key Personnel
will be engaged]

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

(a) be taken into consideration during Bid evaluation;
(b) result in my disqualification from participating in the Bid;
(c) result in my dismissal from the contract.

Name of 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 91

Appendix D to Technical Part: Bidder’s Qualification

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 92

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. The successful Bidder shall provide additional information on beneficial
ownership, using the Beneficial Ownership Disclosure Form.
Section IV - Bidding Forms 93

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. The
successful Bidder shall provide additional information on beneficial ownership for each JV member
using the Beneficial Ownership Disclosure Form.
Section IV – Bidding Forms 94

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 1st January [insert year]
 Contract(s) not performed since 1st January [insert year]
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
 Pending litigation.
Section IV - Bidding Forms 95

Year of Amount in Contract Identification Total

dispute dispute Contract
(currency) Amount
(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
 Litigation History
Year of Outcome as Contract Identification Total Contract
award percentage of Net Amount
Worth (currency),
USD
Equivalent
(exchange
rate)
Section IV – Bidding Forms 96

[insert [insert Contract Identification: [indicate [insert

year] percentage] complete contract name, number, and amount]
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)]
Form CON – 3:
Environmental and Social (ES) Performance Declaration
[The following table shall be filled in for the Bidder, each member of a Joint Venture and each
Specialized Subcontractor]

Bidder’s Name: [insert full name]

Date: [insert day, month, year]
Joint Venture Member’s or Specialized Subcontractor’s Name: [insert full name]
RFB No. and title: [insert RFB number and title]
Page [insert page number] of [insert total number] pages

Environmental and Social, Performance Declaration

in accordance with Section III, Evaluation and Qualification Criteria
 No suspension or termination of contract: An employer has not suspended or terminated a
contract and/or called the performance security for a contract for reasons related to
Environmental, or Social (ES) performance since the date specified in Section III, Evaluation
and Qualification Criteria, Sub-Factor 2.5.
 Declaration of suspension or termination of contract: The following contract(s) has/have
been suspended or terminated and/or Performance Security called by an employer(s) for reasons
related to Environmental or Social (ES) performance since the date specified in Section III,
Evaluation and Qualification Criteria, Sub-Factor 2.5. Details are described below:
Year Suspended or 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]
Section IV - Bidding Forms 97

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., for 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]
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 98

Form CON – 4
Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment
Performance Declaration
[The following table shall be filled in by the Bidder, each member of a Joint Venture and each
subcontractor proposed by the Bidder]
Bidder’s Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Member’s or Subcontractor’s Name: [insert full name]
RFB No. and title: [insert RFB number and title]
Page [insert page number] of [insert total number] pages

SEA and/or SH Declaration

in accordance with Section III, Evaluation and Qualification Criteria

We:
¨ (a) have not been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations
¨ (b) are subject to disqualification by the Bank for non-compliance with SEA/ SH obligations
¨ (c) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations. An
arbitral award on the disqualification case has been made in our favor.
¨ (d) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations for
a period of two years. We have subsequently demonstrated that we have adequate capacity and
commitment to comply with SEA/ SH obligations.
¨ (e) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations for
a period of two years. We have attached evidence demonstrating that we have adequate capacity
and commitment to comply with SEA/ SH obligations.

[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the issues
underlying the disqualification.]

[If (d) or (e) above are applicable, provide the following information:]

Period of disqualification: From: _______________ To: ________________

If previously provided on another Bank financed works contract, details of evidence that demonstrated
adequate capacity and commitment to comply with SEA/ SH obligations (as per (d) above)
Name of Employer: ___________________________________________
Name of Project: _____________________________________
Contract description: _____________________________________________________
Brief summary of evidence provided: ________________________________________
______________________________________________________________________
Contact Information: (Tel, email, name of contact person): _______________________
Section IV - Bidding Forms 99

______________________________________________________________________

As an alternative to the evidence under (d), other evidence demonstrating adequate capacity and
commitment to comply with SEA/ SH obligations (as per (e) above) [attach details as appropriate].
Section IV – Bidding Forms 100

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

Cash Flow from Operating

Activities

*Refer to ITB 37.1 for the exchange rate

Section IV - Bidding Forms 101

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 102

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 103

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 104

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 105

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 106

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

Information
Similar Contract No.

Contract Identification
Award date
Completion date
Role in Contract Member in Management Sub-
Prime
JV Contractor contractor
Contractor 
  

Total Contract Amount US$

If member in a JV or sub-
contractor, specify participation in
total Contract amount

Employer's Name:
Address:

Telephone/fax number

E-mail:
Section IV - Bidding Forms 107

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 108

Form EXP - 4.2(b)

Construction Experience in Key Activities
Bidder's Name: ________________
Date: ___________________
Bidder's JV Member Name: __________________
Sub-contractor's Name2 (as per ITB 34.2 and 34.3): ________________
RFB No. and title: _____________________

Page __________________of ________________pages

All Sub-contractors for key activities must complete the information in this form as per ITB
33.2 and 33.3 and Section III, Qualification Criteria and Requirements, Sub-Factor 4.2.

1. Key Activity No One: ________________________

Information
Contract Identification
Award date
Completion date
Member in
Role in Contract Prime Management Sub-
Contractor Contractor contractor
JV
  

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 109

Information
Address:

Telephone/fax number

E-mail:

2. Activity No. Two

3. …………………

Information

Description of the key activities in

accordance with Sub-Factor 4.2(b) of
Section III:
Section IV – Bidding Forms 110

Form EXP - 4.2(c)

Specific Experience in Managing ES aspects and any additional sustainable
procurement 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): ______________________
Section IV - Bidding Forms 111

Appendix E to Technical Part: Bid Security

Form of 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
Section IV – Bidding Forms 112

notification to the Applicant of the results of the Bidding process; or (ii) twenty-eight days
after the expiry date of the Bid validity.

Consequently, any demand for payment under this guarantee must be received by us at the
office indicated above on or before that date.

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

_____________________________

[Signature]
Section IV - Bidding Forms 113

Form of Bid Security – Bid Bond

[The Surety shall fill in this Bid Bond Form in accordance with the instructions indicated.]

BOND NO. ______________________

BY THIS BOND [name of Bidder] as Principal (hereinafter called “the Principal”), and
[name, legal title, and address of surety], authorized to transact business in [name of country
of Employer], as Surety (hereinafter called “the Surety”), are held and firmly bound unto
[name of Employer] as Obligee (hereinafter called “the Employer”) in the sum of [amount of
Bond]3 [amount in words], for the payment of which sum, well and truly to be made, we, the
said Principal and Surety, bind ourselves, our successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS the Principal has submitted a written Bid to the Employer dated the ___ day of
______, 20__, for the execution of [name of Contract] (hereinafter called the “Bid”).
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the
Principal:
(a) has withdrawn its Bid prior to the Bid validity expiry date set forth in the Principal’s
Letter of Bid, or any extension thereto provided by the Principal; or
(b) having been notified of the acceptance of its Bid by the Employer prior to the expiry
date of the Bid validity or any extension thereto provided by the Principal: (i) 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, if required,
in accordance with the Instructions to Bidders (“ITB”) of the Employer’s bidding
document.
then the Surety undertakes to immediately pay to the Employer up to the above amount upon
receipt of the Employer’s first written demand, without the Employer having to substantiate
its demand, provided that in its demand the Employer shall state that the demand arises from
the occurrence of any of the above events, specifying which event(s) has occurred.
The Surety hereby agrees that its obligation will remain in full force and effect up to and
including the date 28 days after the date of expiration of the Bid validity set forth in the
Principal’s Letter of Bid or any extension thereto provided by the Principal.
IN TESTIMONY WHEREOF, the Principal and the Surety have caused these presents to be
executed in their respective names this ____ day of ____________ 20__.
Principal: _______________________ Surety: _____________________________
Corporate Seal (where appropriate)
3
The amount of the Bond shall be denominated in the currency of the Employer’s country or the equivalent
amount in a freely convertible currency.
Section IV – Bidding Forms 114

_______________________________ ____________________________________
(Signature) (Signature)
(Printed name and title) (Printed name and title)
Section IV - Bidding Forms 115

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 specified in
Section II – Bid Data Sheet 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.
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

[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 IV – Bidding Forms 116

Letter of Bid - Financial Part

INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED

THE DOCUMENT

The Bidder must prepare this Letter of Bid on stationery with its letterhead clearly
showing the Bidder’s complete name and business address.

Note: All italicized text in black font 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, hereby submit the second part of our Bid, the Bid Price and Bill of
Quantities. This accompanies the Letter of Technical Part.

In submitting our Bid, we make the following additional declarations:

(a) 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 on
or before this date;

(b) Total 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]; 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];
(c) Discounts: The discounts offered and the methodology for their application are:
Section IV - Bidding Forms 117

(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];
(d) Commissions, gratuities and 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

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

Name of the Bidder:*[insert complete name of the Bidder]

Name of the person duly authorized to sign the Bid on behalf of the Bidder: ** [insert
complete name of person duly authorized to sign the Bid]

Title of the person signing the Bid: [insert complete title of the person signing the Bid]

Signature of the person named above: [insert signature of person whose name and
capacity are shown above]

Date signed [insert date of signing] day of [insert month], [insert year]

*: In the case of the Bid submitted by a Joint Venture specify the name of the Joint Venture as Bidder.

**: Person signing the Bid shall have the power of attorney given by the Bidder. The power of attorney shall be attached
with the Bid Schedules
Section IV – Bidding Forms 118

Appendix A to Financial Part: Schedules

Bill of Quantities
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
contents of the Bill of Quantities should be as simple and brief as possible.
Daywork Schedule
A Daywork Schedule should be included only if the probability of unforeseen work, outside
the items included in the Bill of Quantities, is high. To facilitate checking by the Employer of
the realism of rates quoted by the bidders, the Daywork Schedule should normally comprise
the following:
(a) A list of the various classes of labor, materials, and Constructional Plant 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 shall be paid for
work executed on a daywork basis.
(b) Nominal quantities for each item of daywork, to be priced by each Bidder at
daywork rates as Bid. The rate to be entered by the Bidder against each basic
daywork item should include the Contractor’s profit, overheads, supervision, and
other charges.
Provisional Sums
A general provision for physical contingencies (quantity overruns) may be made by
including a provisional sum in the Summary Bill of Quantities. Similarly, a contingency
allowance for possible price increases should be provided as a provisional sum in the
Summary priced 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. Where such provisional sums or contingency allowances are used, the
Special Conditions of Contract should state the manner in which they shall be used, and
under whose authority (usually the Project Manager’s).
The estimated cost of specialized work to be carried out, or of special goods to be supplied,
by other contractors should be indicated in the relevant part of the Bill of Quantities as a
particular provisional sum with an appropriate brief description. A separate procurement
Section IV - Bidding Forms 119

procedure is normally carried out by the Employer to select such specialized contractors. To
provide an element of competition among the bidders 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 contractors, each related provisional sum should be followed
by an item in the Bill of Quantities inviting the Bidder to quote a sum for such amenities,
facilities, attendance, etc.
These Notes for Preparing a Bill of Quantities are intended only as information for the
Employer or the person drafting the bidding document. They should not be included in the
final documents.
Section IV – Bidding Forms 120

1. Sample Bill of Quantities4

(Local Currency and Foreign Currency)

Item no. Description Unit Quantity Rate Amount

[To be entered by the Employer;

Delete if not applicable:] Provisional
sums for additional ES outcomes.

Total

4
In case of Lump-sum Contract, use Sample Activity Schedule.
Section IV - Bidding Forms 121

Activity Schedule

Item no. Description Unit Amount

[To be entered by the Employer;

Delete if not applicable:] Provisional
sums for additional ES outcomes.
Section IV – Bidding Forms 122

Schedule of Payment Currencies

For ...........................insert name of Section of the Works

Separate tables may be required if the various sections of the Works (or of the Bill of
Quantities) will have substantially different foreign and local currency requirements. The
Employer should insert the names of each Section of the Works.

A B C D
Percentage of
Rate of
Local Currency Total Bid Price
Name of Payment Amount of Exchange
Equivalent (TBP)
Currency Currency to Local
C=AxB 100xC
Currency
TBP
Local currency
1.00

Foreign Currency #1

Foreign Currency #2

Foreign Currency #3

Total Bid Price 100.00

Provisional Sums
Expressed in Local 1.00
Currency
TOTAL BID PRICE
(Including
provisional sum)
Section IV - Bidding Forms 123

Schedule(s) of Adjustment Data

Table A - Local Currency

Bidder’s Bidder’s
Index Index Source of Base Value
Local Currency Proposed
Code Description Index and Date
Amount Weighting
Nonadjustable — — — A: *
B: *
C: *
D: *
E: *
Total 1.00

[* To be entered by the Employer. Whereas “A” should a fixed percentage, B, C, D and E

should specify a range of values and the Bidder will be required to specify a value within the
range such that the total weighting = 1.00]

Table B - Foreign Currency

Name of Currency: _______________

If the Bidder wishes to quote in more than one foreign currency, this table should be repeated
for each foreign currency.

Bidder’s Bidder’s
Index Index Source of Base Value Equivalent in
Currency in Proposed
Code Description Index and Date FC1
Type/Amount Weighting
Nonadjustable — — — A: *
B: *
C: *
D: *
E: *
Total 1.00

[* To be entered by the Employer. Whereas “A” should a fixed percentage, B, C, D and E

should specify a range of values and the Bidder will be required to specify a value within the
range such that the total weighting = 1.00]
Section V – Eligible Countries 125

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 ITB 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 ITB 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 ITB 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 127

Section VI - Fraud and Corruption

(Section VI 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,
(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 128

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; 5 (ii) to be a
nominated6 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 inspect 7 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.

5
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.
6
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.
7
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 129

PART 2 – Works’ Requirements

Section VII – Works’ Requirements 131

Section VII - Works’ Requirements

Table of Contents
Specification...........................................................................................132
Environmental and Social (ES) Requirements.........................................134
Environmental and Social (ES) requirements..........................................138
Key Personnel.........................................................................................141
Drawings.................................................................................................142
Supplementary Information....................................................................143
Section VII – Works’ Requirements 132

Specification
A set of precise and clear Specification is a prerequisite for Bidders to respond realistically
and competitively to the requirements of the Employer without qualifying or conditioning
their bids. In the context of international competitive procurement, the Specification must be
drafted to permit the widest possible competition and, at the same time, present a clear
statement of the required standards of workmanship, materials, and performance of the
goods and services to be procured. The Specification should require that all goods and
materials to be incorporated in the Works be new, unused, of the most recent or current
models, and incorporate all recent improvements in design and materials unless provided
otherwise in the Contract.
Samples of Specifications from previous similar projects in the same country may be useful
for preparing Specification. Most Specifications are normally written specially by the
Employer or Project Manager to suit the Contract Works in hand. There is no standard set
of Specifications for universal application in all sectors in all countries, but there are
established principles and practices, which are reflected in these documents.
There are considerable advantages in standardizing General Specifications for repetitive
Works in recognized public sectors, such as highways, ports, railways, urban housing,
irrigation, and water supply, in the same country or region where similar conditions prevail.
The General Specifications should cover all classes of workmanship, materials, and
equipment commonly involved in construction, although not necessarily to be used in a
particular Works Contract. Deletions or addendums should then adapt the General
Specifications to apply them to the particular Works.

Any sustainable procurement technical requirements (in addition to the ES requirements

stated in the Environmental and Social Requirements) shall be clearly specified. Please refer
to the Bank’s Procurement Regulations for Borrowers and Sustainable procurement
guidance for further information. The sustainable procurement requirements shall be
specified to enable evaluation of such requirements. This is a broad area, and the
requirements should be consistent with the objectives of the contract; (examples of such
broad areas to be detailed as appropriate may include, but not be limited to, energy
efficiency, emission reduction, other methods for minimizing the carbon impact in the
execution of the works and/or the completed works etc.) 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.

[If the contract has been assessed to present potential or actual cyber security risks, the
Employer shall specify cyber security requirements, including cyber security accreditations
as appropriate.]

[If there are supply chain risks, the Employer shall require the Bidder to include its
assessment of supply chain risks and proposal to manage the risks.]
Section VII – Works’ Requirements 133

Care must be taken in drafting Specification to ensure that they are not restrictive. In the
Specification of standards for goods, materials, and workmanship, recognized international
standards should be used as much as possible. Where other particular standards are used,
whether national standards of the Borrower’s country or other standards, the Specification
should state that goods, materials, and workmanship that meet other authoritative standards,
and which ensure substantially equal or higher quality than the standards mentioned, shall
also be acceptable. To that effect, the following sample clause may be inserted in the Special
Conditions or Specification.
“Equivalency of Standards and Codes
Wherever reference is made in the Contract to specific standards and codes to be met by the
goods and materials to be furnished, and work performed or tested, the provisions of the
latest current edition or revision of the relevant standards and codes in effect shall apply,
unless otherwise expressly stated in the Contract. Where such standards and codes are
national, or relate to a particular country or region, other authoritative standards that
ensure a substantially equal or higher quality than the standards and codes specified shall
be accepted subject to the Project Manager’s prior review and written consent. Differences
between the standards specified and the proposed alternative standards shall be fully
described in writing by the Contractor and submitted to the Project Manager at least 28
days prior to the date when the Contractor desires the Project Manager’s consent. In the
event the Project Manager determines that such proposed deviations do not ensure
substantially equal or higher quality, the Contractor shall comply with the standards
specified in the documents.”
[These Notes for Preparing Specification are intended only as information for the Employer
or the person drafting the bidding document. They should not be included in the final
documents]
Section VII – Works’ Requirements 134

Environmental and Social (ES) Requirements

[Note to Employer: Notes under option 1 are intended for Projects with Project Concept
Notes (PCN) Decision Notes dated after October 1, 2018.]

[OPTION 1]

[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 the 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 of Contract (and the corresponding Particular Conditions of Contract if
any), and other parts of the Specification.

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/
Clause No. Sub-Clause/Clause Remarks
8.2 Other Contractors Indicate specific aspects (if any) that
require contractor’s cooperation
such as to conduct environmental
and social assessment.
9.4.1, 9.4.2, labor State applicable requirements in
9.47, 9.48 accordance with the labor
management procedure.
9.4.6 Facilities for Staff and Labor -Indicate if access to or provision of
services that accommodate physical,
social and cultural needs of
Contractor’s Personnel is required.
9.4.20 Training of Contractor’s Personnel As set out in the ESCP, 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.)
15.2 Contractor to Construct the Works If the Contract specifies that the
Contractor shall design any part of
the Permanent Works, state any
applicable technical standards and
Section VII – Works’ Requirements 135

Sub-Clause/
Clause No. Sub-Clause/Clause Remarks
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]
18.2 Health and Safety Obligations Indicate any additional requirements
for the health and safety manual
18.3 Protection of the Environment Specify any values for emissions,
surface discharges, effluent and any
other pollutants from the
Contractor’s activities that shall not
be exceeded.
19.1 Archeological and Geological Specify other requirements if any in
Findings accordance with the ESF – ESS8
29.1 Security of the Site State any additional requirements for
the security arrangements (ESS4 of
the ESF states the principles of
proportionality, GIIP and applicable
laws. Include any other requirement
set out in the ESCP.

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 136

• 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 GCC Sub-Clause 18.3 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 GCC Sub-
Clauses 18.2 and 18.3 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 GCC Sub-Clauses 18.2 and 18.3 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 GCC Sub-Clause 18.3 and the table above on Conditions of Contract that
make reference to ES matters in the Specification.
Section VII – Works’ Requirements 137

Road Safety
 State any specific traffic and road safety requirement, as applicable. See also
Sub-Clause 9.3 of the General Conditions of Contract. 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 or activities. For example, normally the
cost of implementing workplace safe systems of work, including the measures necessary for
ensuring traffic 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 GBV/SEA awareness and sensitization or to encourage the
contractor to deliver additional ES outcomes beyond the requirement of the Contract.
Section VII – Works’ Requirements 138

Environmental and Social (ES) requirements

[Note to Employer: Notes under option 2 are intended for Projects with Project Concept
Notes (PCN) Decision Notes on or before October 1, 2018.]

[OPTION 2]

[The Employer’s team preparing the ES requirements should include a suitably qualified
Environmental and Social specialist/s.
The Employer should attach or refer to the Employer’s environmental and social, policies
that will apply to the project. If these are not available, the Employer should use the
following guidance in drafting an appropriate policy for the Works.
SUGGESTED CONTENT FOR AN ENVIRONMENTAL AND SOCIAL POLICY
(STATEMENT)
The Works’ policy goal, as a minimum, should be stated to integrate environmental
protection, occupational and community health and safety, gender, equality, child
protection, vulnerable people (including those with disabilities), Sexual Harassment (SH),
gender-based violence, Sexual Exploitation and Abuse (SEA), HIV/AIDS awareness and
prevention and wide stakeholder engagement in the planning processes, programs, and
activities of the parties involved in the execution of the Works. The Employer is advised to
consult with the World Bank to agree the issues to be included which may also address:
climate adaptation, land acquisition and resettlement, indigenous people, etc. The policy
should set the frame for monitoring, continuously improving processes and activities and for
reporting on the compliance with the policy.
The policy shall include a statement that, for the purpose of the policy and/or code of
conduct, the term “child” / “children” means any person(s) under the age of 18 years.
The policy should, as far as possible, be brief but specific and explicit, and measurable, to
enable reporting of compliance with the policy in accordance with the Particular Conditions
of the Contract Sub-Clause 4.20 and Appendix C to the General Conditions of Contract.
As a minimum, the policy is set out to the commitments to:
1. apply good international industry practice to protect and conserve the natural
environment and to minimize unavoidable impacts;
2. provide and maintain a healthy and safe work environment and safe systems of
work;
3. protect the health and safety of local communities and users, with particular
concern for those who are disabled, elderly, or otherwise vulnerable;
4. be intolerant of and enforce disciplinary measures for illegal activities. To be
intolerant of, and enforce disciplinary measures for gender-based violence,
inhumane treatment, sexual exploitation, rape, sexual abuse, sexual activity with
children, and sexual harassment;
Section VII – Works’ Requirements 139

5. incorporate a gender perspective and provide an enabling environment where

women and men have equal opportunity to participate in, and benefit from,
planning and development of the Works;
6. work co-operatively, including with end users of the Works, relevant authorities,
contractors and local communities;
7. engage with and listen to affected persons and organizations and be responsive to
their concerns, with special regard for vulnerable, disabled, and elderly people;
8. provide an environment that fosters the exchange of information, views, and ideas
that is free of any fear of retaliation, and protects whistleblowers;
9. minimize the risk of communicable diseases and to mitigate the effects of
communicable diseases associated with the execution of the Works;
The policy should be signed by the senior manager of the Employer. This is to signal the
intent that it will be applied rigorously.
MINIMUM CONTENT OF ES REQUIREMENTS
In preparing detailed specifications for ES requirements, the specialists should refer to and
consider:
 project reports e.g., ESIA/ESMP
 consent/permit conditions
 required standards including World Bank Group EHS Guidelines
 relevant international conventions or treaties etc., national legal and/or regulatory
requirements and standards (where these represent higher standards than the WBG
EHS Guidelines)
 relevant international standards e.g., WHO Guidelines for Safe Use of Pesticides
 relevant sector standards e.g., EU Council Directive 91/271/EEC Concerning Urban
Wastewater Treatment
 grievance redress mechanism including types of grievances to be recorded and how
to protect confidentiality e.g., of those reporting allegations of SEA.
 SEA prevention and management.
The detail specification for ES should, to the extent possible, describe the intended outcome
rather than the method of working.
The ES requirements should be prepared in manner that does not conflict with the relevant
General Conditions of Contract (and the corresponding Particular Conditions if any) and
other parts of the specifications.
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 workplace 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
Section VII – Works’ Requirements 140

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 141

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.]
Key Personnel

Item Minimum years

Position/ Relevant academic
No. of relevant work
specialization 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 Cyber Security Expert/s

[If the contract has been

assessed to present potential
or actual cyber security
risks, the Bidder must be
required to include Cyber
security expert/s among the
Key Personnel.
7 modify as appropriate
Section VII – Works’ Requirements 142

Drawings
Insert here a list of Drawings. The actual Drawings, including site plans, should be attached
to this section or annexed in a separate folder.
Section VII – Works’ Requirements 143

Supplementary Information
Part 3 – Conditions of Contract and Contract Forms 145

PART 3 – Conditions of Contract and

Contract Forms
Section VIII – General Conditions of Contract 146

Section VIII - General Conditions of Contract

These General Conditions of Contract (GCC), read in conjunction with the Particular
Conditions of Contract (PCC) and other documents listed therein, should be a complete
document expressing fairly the rights and obligations of both parties.

These General Conditions of Contract have been developed on the basis of considerable
international experience in the drafting and management of contracts, bearing in mind a trend
in the construction industry towards simpler, more straightforward language.

The GCC can be used for both smaller admeasurement contracts and lump sum contracts.
Section VIII – General Conditions of Contract 147

Table of Clauses
A. General..............................................................................................149
1. Definitions....................................................................................................................149
2. Interpretation.................................................................................................................152
3. Language and Law........................................................................................................153
4. Project Manager’s Decisions........................................................................................153
5. Delegation.....................................................................................................................153
6. Communications...........................................................................................................153
7. Subcontracting..............................................................................................................153
8. Other Contractors..........................................................................................................154
9. Personnel and Equipment.............................................................................................155
10. Employer’s and Contractor’s Risks..............................................................................161
11. Employer’s Risks..........................................................................................................161
12. Contractor’s Risks.........................................................................................................162
13. Insurance.......................................................................................................................162
14. Site Data........................................................................................................................163
15. Contractor to Construct the Works...............................................................................163
16. The Works to Be Completed by the Intended Completion Date..................................163
17. Approval by the Project Manager.................................................................................164
18. Health, Safety and Protection of the Environment.......................................................164
19. Archaeological and Geological Findings......................................................................167
20. Possession of the Site....................................................................................................167
21. Access to the Site..........................................................................................................167
22. Instructions, Inspections and Audits.............................................................................168
23. Appointment of the Adjudicator...................................................................................168
24. Procedure for Disputes..................................................................................................169
25. Fraud and Corruption....................................................................................................169
26. Stakeholder Engagement..............................................................................................169
27. Suppliers (other than Subcontractors)...........................................................................170
28. Code of Conduct...........................................................................................................171
29. Security of the Site........................................................................................................171
B. Time Control......................................................................................172
30. Program and Progress Reports......................................................................................172
31. Extension of the Intended Completion Date.................................................................173
32. Acceleration..................................................................................................................174
33. Delays Ordered by the Project Manager.......................................................................174
34. Management Meetings..................................................................................................174
35. Early Warning...............................................................................................................174
C. Quality Control...................................................................................174
36. Identifying Defects.......................................................................................................174
37. Tests..............................................................................................................................175
38. Correction of Defects....................................................................................................175
39. Uncorrected Defects.....................................................................................................175
D. Cost Control.......................................................................................175
Section VIII – General Conditions of Contract 148

40. Contract Price...............................................................................................................175

41. Changes in the Contract Price.......................................................................................175
42. Variations......................................................................................................................176
43. Cash Flow Forecasts.....................................................................................................177
44. Payment Certificates.....................................................................................................178
45. Payments.......................................................................................................................179
46. Compensation Events...................................................................................................179
47. Tax................................................................................................................................181
48. Currencies.....................................................................................................................181
49. Price Adjustment...........................................................................................................181
50. Retention.......................................................................................................................182
51. Liquidated Damages.....................................................................................................182
52. Bonus............................................................................................................................182
53. Advance Payment.........................................................................................................182
54. Securities.......................................................................................................................183
55. Dayworks......................................................................................................................183
56. Cost of Repairs..............................................................................................................183
E. Finishing the Contract........................................................................183
57. Completion....................................................................................................................184
58. Taking Over..................................................................................................................184
59. Final Account................................................................................................................184
60. Operating and Maintenance Manuals...........................................................................184
61. Termination...................................................................................................................184
62. Payment upon Termination...........................................................................................185
63. Property.........................................................................................................................186
64. Release from Performance............................................................................................186
65. Suspension of Bank Loan or Credit..............................................................................186
66. Cyber Security..............................................................................................................187
Section VIII – General Conditions of Contract 149

General Conditions of Contract

A. General

1. Definitions 1.1 Boldface type is used to identify defined terms.

(a) The Accepted Contract Amount means the amount
accepted in the Letter of Acceptance for the execution
and completion of the Works and the remedying of any
defects.
(b) The Activity Schedule is a schedule of the activities
comprising the construction, installation, testing, and
commissioning of the Works in a lump-sum contract. It
includes a lump-sum price for each activity, which is
used for valuations and for assessing the effects of
Variations and Compensation Events.
(c) The Adjudicator is the person appointed jointly by the
Employer and the Contractor to resolve disputes in the
first instance, as provided for in GCC 23.
(d) Bank means the financing institution named in the PCC.
(e) Bill of Quantities means the priced and completed Bill of
Quantities forming part of the Bid.
(f) Compensation Events are those defined in GCC Clause
42 hereunder.
(g) The Completion Date is the date of completion of the
Works as certified by the Project Manager, in
accordance with GCC Sub-Clause 57.1.
(h) The Contract is the Contract between the Employer and
the Contractor to execute, complete, and maintain the
Works. It consists of the documents listed in GCC Sub-
Clause 2.3 below.
(i) The Contractor is the party whose Bid to carry out the
Works has been accepted by the Employer.
(j) The Contractor’s Bid is the completed bidding document
submitted by the Contractor to the Employer.
(k) The Contract Price is the Accepted Contract Amount
stated in the Letter of Acceptance and thereafter as
adjusted in accordance with the Contract.
(l) Days are calendar days; months are calendar months.
(m) Dayworks are varied work inputs subject to payment on a
time basis for the Contractor’s employees and
Section VIII – General Conditions of Contract 150

Equipment, in addition to payments for associated

Materials and Plant.
(n) A Defect is any part of the Works not completed in
accordance with the Contract.
(o) The Defects Liability Certificate is the certificate issued
by Project Manager upon correction of defects by the
Contractor.
(p) The Defects Liability Period is the period named in the
PCC pursuant to GCC Sub-Clause 38.1 and calculated
from the Completion Date.
(q) Drawings means the drawings of the Works, as included
in the Contract, and any additional and modified
drawings issued by (or on behalf of) the Employer in
accordance with the Contract, include calculations and
other information provided or approved by the Project
Manager for the execution of the Contract.
(r) The Employer is the party who employs the Contractor to
carry out the Works, as specified in the PCC.
(s) Equipment is the Contractor’s machinery and vehicles
brought temporarily to the Site to construct the Works.
(t) “In writing” or “written” means hand-written, type-
written, printed or electronically made, and resulting in a
permanent record;
(u) The Initial Contract Price is the Contract Price listed in
the Employer’s Letter of Acceptance.
(v) The Intended Completion Date is the date on which it is
intended that the Contractor shall complete the Works.
The Intended Completion Date is specified in the
PCC. The Intended Completion Date may be revised
only by the Project Manager by issuing an extension of
time or an acceleration order.
(w) Materials are all supplies, including consumables, used
by the Contractor for incorporation in the Works.
(x) Plant is any integral part of the Works that shall have a
mechanical, electrical, chemical, or biological function.
(y) The Project Manager is the person named in the PCC
(or any other competent person appointed by the
Employer and notified to the Contractor, to act in
replacement of the Project Manager) who is responsible
for supervising the execution of the Works and
administering the Contract.
Section VIII – General Conditions of Contract 151

(z) PCC means Particular Conditions of Contract.

(aa) The Site is the area defined as such in the PCC.
(bb) Site Investigation Reports are those that were included in
the bidding document and are factual and interpretative
reports about the surface and subsurface conditions at
the Site.
(cc) Specification means the Specification of the Works
included in the Contract and any modification or
addition made or approved by the Project Manager.
(dd) The Start Date is given in the PCC. It is the latest date
when the Contractor shall commence execution of the
Works. It does not necessarily coincide with any of the
Site Possession Dates.
(ee) A Subcontractor is a person or corporate body who has a
Contract with the Contractor to carry out a part of the
work in the Contract, which includes work on the Site.
(ff) Temporary Works are works designed, constructed,
installed, and removed by the Contractor that are needed
for construction or installation of the Works.
(gg) A Variation is an instruction given by the Project
Manager which varies the Works.
(hh) The Works are what the Contract requires the Contractor
to construct, install, and turn over to the Employer, as
defined in the PCC.
(ii) “Contractor’s Personnel” refers to all personnel whom
the Contractor utilizes on the Site or other places where
the Works are carried out, including the staff, labor and
other employees of each Subcontractor.
(jj) “Key Personnel” means the positions (if any) of the
Contractor’s personnel that are stated in the
Specification.
(kk) “ES” means Environmental and Social (including
Sexual Exploitation and Abuse (SEA), and Sexual
Harassment (SH)).
(ll) “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
Section VIII – General Conditions of Contract 152

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.
(mm) “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; and
(nn) “Employer’s Personnel” refers to the Project Manager
and all other staff, labor and other employees (if any) of
the Project Manager and of the Employer engaged in
fulfilling the Employer’s obligations under the Contract;
and any other personnel identified as Employer’s
Personnel, by a notice from the Employer or the Project
Manager to the Contractor.

2. Interpretation 2.1 In interpreting these GCC, words indicating one gender include
all genders. Words indicating the singular also include the
plural and words indicating the plural also include the singular.
Headings have no significance. Words have their normal
meaning under the language of the Contract unless specifically
defined. The Project Manager shall provide instructions
clarifying queries about these GCC.
2.2 If sectional completion is specified in the PCC, references in
the GCC to the Works, the Completion Date, and the Intended
Completion Date apply to any Section of the Works (other than
references to the Completion Date and Intended Completion
Date for the whole of the Works).
2.3 The documents forming the Contract shall be interpreted in the
following order of priority:
(a) Agreement,
(b) Letter of Acceptance,
(c) Contractor’s Bid,
(d) Particular Conditions of Contract,
(e) General Conditions of Contract, including Appendices,
(f) Specification,
(g) Drawings,
(h) Bill of Quantities,1 and

1
In lump-sum contracts, delete “Bill of Quantities” and replace with “Activity Schedule.”
Section VIII – General Conditions of Contract 153

(i) any other document listed in the PCC as forming part

of the Contract.

3. Language and 3.1 The language of the Contract and the law governing the
Law Contract are stated in the PCC.
3.2 Throughout the execution of the Contract, the Contractor shall
comply with the import of goods and services prohibitions in
the Employer’s country when
(a) as a matter of law or official regulations, the Borrower’s
country prohibits commercial relations with that country; 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 from that country or any payments to any
country, person, or entity in that country.

4. Project 4.1 Except where otherwise specifically stated, the Project Manager
Manager’s shall decide contractual matters between the Employer and the
Decisions Contractor in the role representing the Employer.

5. Delegation 5.1 Unless otherwise specified in the PCC, the Project Manager
may delegate any of his duties and responsibilities to other
people, except to the Adjudicator, after notifying the Contractor,
and may revoke any delegation after notifying the Contractor.

6. Communica- 6.1 Communications between parties that are referred to in the

tions Conditions shall be effective only when in writing. A notice
shall be effective only when it is delivered.

7. Subcontracting 7.1 The Contractor may subcontract with the approval of the Project
Manager but may not assign the Contract without the approval
of the Employer in writing. Subcontracting shall not alter the
Contractor’s obligations. 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 28.1.
7.2 Submision by the Contractor for approval of the Project
Manager, addition of any Subcontractor not named in the
Contract, shall also include the Subcontractor’s declaration in
accordance with Appendix C- Sexual exploitation and Abuse
(SEA) and/or Sexual Harassment (SH) Performance
Declaration.

8. Other 8.1 The Contractor shall cooperate and share the Site with other
Contractors contractors, public authorities, utilities, and the Employer
Section VIII – General Conditions of Contract 154

between the dates given in the Schedule of Other Contractors,

as referred to in the PCC. The Contractor shall also provide
facilities and services for them as described in the Schedule.
The Employer may modify the Schedule of Other Contractors
and shall notify the Contractor of any such modification.
8.2 The Contractor shall also, as stated in the Specification or as
instructed by the Project Manager, cooperate with and allow
appropriate opportunities for the Employer’s or any other
personnel, notified to the Contractor by the Employer or Project
Manager, to conduct any environmental and social assessment.

9. Personnel and 9.1 The Contractor shall employ the Key Personnel and use the
Equipment Equipment identified in its Bid, to carry out the Works or other
personnel and Equipment approved by the Project Manager.
The Project Manager shall approve any proposed replacement
of Key Personnel and Equipment only if their relevant
qualifications or characteristics are substantially equal to or
better than those proposed in the Bid.
9.2 The Project Manager may require the Contractor to remove (or
cause to be removed) any person employed on the Site or
Works, including the 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;
(g) undertakes behavior 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.
Notwithstanding any requirement from the Project Manager to
remove or cause to remove any person, the Contractor shall take
immediate action as appropriate in response to any violation of
(a) through (g) above. Such immediate action shall include
removing (or causing to be removed) from the Site or other
places where the Works are being carried out, any Contractor’s
Section VIII – General Conditions of Contract 155

Personnel who engages in (a), (b), (c), (d), (e) or (g) above or
has been recruited as stated in (f) above.
9.3 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, 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.
9.4 Labor
9.4.1 Engagement of Staff and Labor. The Contractor shall provide
and employ on the Site for the execution of the Works such
skilled, semi-skilled and unskilled labor as is necessary for the
proper and timely execution of the Contract. The Contractor is
encouraged, to the extent practicable and reasonable, to employ
staff and labor with appropriate qualifications and experience
from sources within the Country.
Unless otherwise provided in the Contract, the Contractor shall
be responsible for the recruitment, transportation,
accommodation and welfare facilities in accordance with GCC
Sub-Clause 9.4.6, of the Contractor’s Personnel, and for all
payments in connection therewith.
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 labor laws applicable to the
Contractor’s Personnel (which will include any applicable
collective agreements), including their rights related to hours of
work, wages, overtime, compensation and benefits, as well as
those arising from any requirements in the Specification. The
Contractor’s Personnel shall be informed when any material
changes to their terms or conditions of employment occur.
9.4.2 Conditions of Labor. 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.
Section VIII – General Conditions of Contract 156

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.
9.4.3 The Contractor may bring into the Country any foreign
personnel who are necessary for the execution of the Works 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 endeavors in a timely
and expeditious manner to assist the Contractor in obtaining
any local, state, national, or government permission required
for bringing in the Contractor’s personnel.
9.4.4 The Contractor shall at its own expense provide the means of
repatriation to and the Contractor’s Personnel employed on the
Contract at the Site to their various home countries. It shall also
provide suitable temporary maintenance of all such persons
from the cessation of their employment on the Contract to the
date programmed for their departure. In the event that the
Contractor defaults in providing such means of transportation
and temporary maintenance, the Employer may provide the
same to such personnel and recover the cost of doing so from
the Contractor.
9.4.5 Disorderly conduct. The Contractor shall at all times during the
progress of the Contract use its best endeavors to prevent any
unlawful, riotous or disorderly conduct or behavior by or
amongst the Contractor’s Personnel.
9.4.6 Facilities for Staff and Labor. Except as otherwise stated in the
Specification, the Contractor shall provide and maintain all
necessary accommodation and welfare facilities for the
Contractor’s Personnel. If stated in the Specification, the
Contractor shall give access to or provide services that
accommodate the physical, social and cultural needs of the
Contractor’s Personnel. The Contractor shall also provide
similar facilities for the Employer’s Personnel if stated in the
Specification.
Section VIII – General Conditions of Contract 157

9.4.7 The Contractor shall, in all dealings with the Contractor’s

Personnel, pay due regard to all recognized festivals, official
holidays, religious or other customs and all local laws and
regulations pertaining to the employment of labor. 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.
9.4.8 Supply of Foodstuffs. The Contractor shall arrange for the
provision of a sufficient supply of suitable food as may be
stated in the Specification at reasonable prices for the
Contractor’s Personnel for the purposes of or in connection
with the Contract.
9.4.9 Supply of Water. The Contractor shall, having regard to local
conditions, provide on the Site an adequate supply of drinking
and other water for the use of the Contractor’s Personnel.
9.4.10 Measures against Insect and Pest Nuisance. The Contractor
shall at all times take the necessary precautions to protect the
Contractor’s Personnel employed on the Site from insect and
pest nuisance, and to reduce the danger to their health. The
Contractor shall comply with all the regulations of the local
health authorities, including use of appropriate insecticide.
9.4.11 Alcoholic Liquor or Drugs. The Contractor shall not, otherwise
than in accordance with the laws of the Country, import, sell,
give, barter or otherwise dispose of any alcoholic liquor or
drugs, or permit or allow importation, sale, gift, barter or
disposal thereto by Contractor’s Personnel.
9.4.12 Arms and Ammunition. The Contractor shall not give, barter, or
otherwise dispose of, to any person, any arms or ammunition of
any kind, or allow Contractor’s Personnel to do so.
9.4.13 Funeral Arrangements. The Contractor shall be responsible, to
the extent required by local regulations, for making any funeral
arrangements for any of its local employees who may die while
engaged upon the Works.
9.4.14 Forced Labor. The Contractor, including its Subcontractors,
shall not employ or engage forced labor. Forced labor consists
of any work or service, not voluntarily performed, that is
exacted from an individual under threat of force or penalty, and
includes any kind of involuntary or compulsory labor, such as
indentured labor, bonded labor or similar labor-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, harboring or receipt of
Section VIII – General Conditions of Contract 158

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.
9.4.15 Child Labor. The Contractor, including its Subcontractors,
shall not employ or engage a child under the age of 14 unless
the national law specifies a higher age (the minimum age).
The Contractor, including its Subcontractors, shall not employ
or engage a child between the minimum age and the age of 18
in a manner that is likely to be hazardous, or to interfere with,
the child’s education, or to be harmful to the child’s health or
physical, mental, spiritual, moral, or social development.
The Contractor including its Subcontractors, shall only
employ or engage children between the minimum age and the
age of 18 after an appropriate risk assessment has been
conducted by the Contractor with the Project Manager’s
approval. The Contractor shall be subject to regular
monitoring by the Project Manager that includes monitoring of
health, working conditions and hours of work.
Work considered hazardous for children is work that, by its
nature or the circumstances in which it is carried out, is likely
to jeopardize the health, safety, or morals of children. Such
work activities prohibited for children include work:
(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
(d) transport of heavy loads;
(e) in unhealthy environments exposing children to hazardous
substances, agents, or processes, or to temperatures, noise
or vibration damaging to health; or
(f) under difficult conditions such as work for long hours,
during the night or in confinement on the premises of the
employer.
9.4.16 Employment Records of Workers. The Contractor shall keep
complete and accurate records of the employment of labor at
the Site. The records shall include the names, ages, genders,
hours worked, and wages paid to all workers. These records
shall be summarized on a monthly basis and submitted to the
Section VIII – General Conditions of Contract 159

project Manager.
9.4.17 Workers’ Organizations. In countries where the relevant labor
laws recognize workers’ rights to form and to join workers’
organizations of their choosing and to bargain collectively
without interference, the Contractor shall comply with such
laws. In such circumstances, the role of legally established
workers’ organizations and legitimate workers’ representatives
will be respected, and they will be provided with information
needed for meaningful negotiation in a timely manner. Where
the relevant labor laws substantially restrict workers’
organizations, the Contractor shall enable alternative means for
the Contractor’s Personnel to express their grievances and
protect their rights regarding working conditions and terms of
employment. The Contractor shall not seek to influence or
control these alternative means. The Contractor shall not
discriminate or retaliate against the Contractor’s Personnel who
participate, or seek to participate, in such organizations and
collective bargaining or alternative mechanisms. Workers’
organizations are expected to fairly represent the workers in the
workforce.
9.4.18 Non-Discrimination and Equal Opportunity. The Contractor
shall not make decisions relating to the employment or
treatment of Contractor’s Personnel on the basis of personal
characteristics unrelated to inherent job requirements. The
Contractor shall base the employment of Contractor’s
Personnel on the principle of equal opportunity and fair
treatment and shall not discriminate with respect to any aspects
of the employment relationship, including recruitment and
hiring, compensation (including wages and benefits), working
conditions and terms of employment, access to training, job
assignment, promotion, termination of employment or
retirement, and disciplinary practices.
Special measures of protection or assistance to remedy past
discrimination or selection for a particular job based on the
inherent requirements of the job shall not be deemed
discrimination. The Contractor shall provide protection and
assistance as necessary to ensure non-discrimination and equal
opportunity, including for specific groups such as women,
people with disabilities, migrant workers and children (of
working age in accordance with GCC Sub-Clause 9.4.15).
9.4.19 Contractor’s Personnel Grievance Mechanism. The
Contractor shall have a grievance mechanism for Contractor’s
Personnel, and where relevant the workers’ organizations
stated in GCC Sub-Clause 9.4.17, to raise workplace concerns.
Section VIII – General Conditions of Contract 160

The grievance mechanism shall be proportionate to the nature,

scale, risks and impacts of the Contract. The mechanism shall
address concerns promptly, using an understandable and
transparent process that provides timely feedback to those
concerned in a language they understand, without any
retribution, and shall operate in an independent and objective
manner.
The Contractor’s Personnel shall be informed of the grievance
mechanism at the time of engagement for the Contract, and the
measures put in place to protect them against any reprisal for
its use. Measures will be put in place to make the grievance
mechanism easily accessible to all Contractor’s Personnel.
The grievance mechanism shall not impede access to other
judicial or administrative remedies that might be available, or
substitute for grievance mechanisms provided through
collective agreements.
The grievance mechanism may utilize existing grievance
mechanisms, providing that they are properly designed and
implemented, address concerns promptly, and are readily
accessible to Contractor’s Personnel. Existing grievance
mechanisms may be supplemented as needed with Contract-
specific arrangements.
9.4.20 Training of Contractor’s Personnel. The Contractor shall
provide appropriate training to relevant Contractor’s Personnel
on ES aspects of the Contract, including appropriate
sensitization on prohibition of SEA and SH, and health and
safety training referred to in GCC Sub-Clause 18.2.
As stated in the Specification or as instructed by the Project
Manager, the Contractor shall also allow appropriate
opportunities for the relevant Contractor’s Personnel to be
trained on ES aspects of the Contract by the Employer’s
Personnel.
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.

10. Employer’s 10.1 The Employer carries the risks which this Contract states are
and Employer’s risks, and the Contractor carries the risks which this
Contractor’s Contract states are Contractor’s risks.
Risks

11. Employer’s 11.1 From the Start Date until the Defects Liability Certificate has
Risks been issued, the following are Employer’s risks:
Section VIII – General Conditions of Contract 161

(a) The risk of personal injury, death, or loss of or damage to

property (excluding the Works, Plant, Materials, and
Equipment), which are due to
(i) use or occupation of the Site by the Works or for the
purpose of the Works, which is the unavoidable
result of the Works or
(ii) negligence, breach of statutory duty, or interference
with any legal right by the Employer or by any
person employed by or contracted to him except the
Contractor.
(b) The risk of damage to the Works, Plant, Materials, and
Equipment to the extent that it is due to a fault of the
Employer or in the Employer’s design, or due to war or
radioactive contamination directly affecting the country
where the Works are to be executed.
11.2 From the Completion Date until the Defects Liability Certificate
has been issued, the risk of loss of or damage to the Works,
Plant, and Materials is an Employer’s risk except loss or
damage due to
(a) a Defect which existed on the Completion Date,
(b) an event occurring before the Completion Date, which
was not itself an Employer’s risk, or
(c) the activities of the Contractor on the Site after the
Completion Date.

12. Contractor’s 12.1 From the Starting Date until the Defects Liability Certificate has
Risks been issued, the risks of personal injury, death, and loss of or
damage to property (including, without limitation, the Works,
Plant, Materials, and Equipment) which are not Employer’s
risks are Contractor’s risks.

13. Insurance 13.1 The Contractor shall provide, in the joint names of the
Employer and the Contractor, insurance cover from the Start
Date to the end of the Defects Liability Period, in the amounts
and deductibles stated in the PCC for the following events
which are due to the Contractor’s risks:
(a) loss of or damage to the Works, Plant, and Materials;
(b) loss of or damage to Equipment;
(c) loss of or damage to property (except the Works, Plant,
Materials, and Equipment) in connection with the
Contract; and
(d) personal injury or death.
Section VIII – General Conditions of Contract 162

Policies and certificates for insurance shall be delivered by the

Contractor to the Project Manager for the Project Manager’s
approval before the Start Date. All such insurance shall provide
for compensation to be payable in the types and proportions of
currencies required to rectify the loss or damage incurred.
13.2 If the Contractor does not provide any of the policies and
certificates required, the Employer may effect the insurance
which the Contractor should have provided and recover the
premiums the Employer has paid from payments otherwise due
to the Contractor or, if no payment is due, the payment of the
premiums shall be a debt due.
13.3 Alterations to the terms of an insurance shall not be made
without the approval of the Project Manager.
13.4 Both parties shall comply with any conditions of the insurance
policies.

14. Site Data 14.1 The Contractor shall be deemed to have examined any Site Data
referred to in the PCC, supplemented by any information
available to the Contractor.

15. Contractor to 15.1 The Contractor shall construct and install the Works in
Construct the accordance with the Specification and Drawings.
Works 15.2 If the Contract specifies that the Contractor shall design any part
of the permanent Works, the Contractor shall take into account
the Employer’s requirements which may include, if stated in the
Specification:
(a) designing structural elements of the Works taking into
account climate change considerations;
(b) applying 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; and
(c) considering the incremental risks of the public’s
potential exposure to operational accidents or natural
hazards, including extreme weather events.

16. The Works to 16.1 The Contractor may commence execution of the Works on the
Be Completed Start Date and shall carry out the Works in accordance with the
by the Program submitted by the Contractor, as updated with the
Intended approval of the Project Manager, and complete them by the
Completion Intended Completion Date.
Date 16.2 The Contractor shall not carry out mobilization to the Site unless
the Project Manager gives approval, an approval that shall not be
Section VIII – General Conditions of Contract 163

unreasonably delayed, to the measures the Contractor proposes to

address 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 Project Manager for its
approval any additional MSIPs as are necessary to manage the
ES risks and impacts of ongoing Works. 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 update it as required to ensure that it contains
measures appropriate to the Works. The updated C-ESMP shall
be submitted to the Project Manager for its approval.

17. Approval by 17.1 The Contractor shall submit Specification and Drawings
the Project showing the proposed Temporary Works to the Project
Manager Manager, for his approval.
17.2 The Contractor shall be responsible for design of Temporary
Works.
17.3 The Project Manager’s approval shall not alter the Contractor’s
responsibility for design of the Temporary Works.
17.4 The Contractor shall obtain approval of third parties to the
design of the Temporary Works, where required.
17.5 All Drawings prepared by the Contractor for the execution of
the temporary or permanent Works, are subject to prior
approval by the Project Manager before this use.

18. Health, Safety 18.1 The Contractor shall be responsible for the safety of all
and Protection activities on the Site.
of the 18.2 The Contractor shall:
Environment
(a) comply with all applicable health and safety regulations
and Laws;
(b) comply with all applicable health and safety obligations
specified in the Contract;
(c) take care for the health and safety of all persons entitled to
be on the Site and other places, if any, where the Works
are being executed;
(d) keep the Site and Works clear of unnecessary obstruction
so as to avoid danger to these persons;
(e) provide fencing, lighting, safe access, guarding and
Section VIII – General Conditions of Contract 164

watching of the Works until the issue of the Contract

Completion Certificate;
(f) provide any Temporary Works (including roadways,
footways, guards and fences) which may be necessary,
because of the execution of the Works, for the use and
protection of the public and of owners and occupiers of
adjacent land;
(g) provide health and safety training of Contractor’s
Personnel as appropriate and maintain training records;
(h) 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, training on
occupational safety and health, and provision of personal
protective equipment without expense to the Contractor’s
Personnel;
(i) 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.
(j) 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 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;
(k) where the Employer’s Personnel, any other contractors
employed by the Employer, and/or personnel of any
legally constituted public authorities and private utility
companies are employed in carrying out, on or near the
site, of any work not included in the Contract, collaborate
in applying the health and safety requirements, without
prejudice to the responsibility of the relevant entities for
the health and safety of their own personnel; and
(l) establish and implement a system for regular (not less than
six-monthly) review of health and safety performance and
the working environment.
Subject to GCC Sub-Clause 16.2, the Contractor shall submit to
the Project Manager for its approval 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
Section VIII – General Conditions of Contract 165

Works.
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, 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) remedies for adverse impacts such as occupational
injuries, deaths, disability and disease;
(v) 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,
(vi) 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 labor;
Section VIII – General Conditions of Contract 166

(vii) 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 GCC
Sub-Clause 9.4.6; and
(b) any other requirements stated in the Specification.
18.3 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 Project Manager
the appropriate actions and time scale to remedy, as
practicable, the damaged environment to its former condition.
The Contractor shall implement such remedies at its cost to the
satisfaction of the Project Manager.

19. Archaeological 19.1 All fossils, coins, articles of value or antiquity, structures, groups
and Geological of structures, and other remains or items of geological,
Findings 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.
The Contractor shall, as soon as practicable after discovery of
any such finding, notify the Project Manager of such discoveries
and carry out the Project Manager’s instructions for dealing
with them.
Section VIII – General Conditions of Contract 167

20. Possession of 20.1 The Employer shall give possession of all parts of the Site to the
the Site Contractor. If possession of a part is not given by the date
stated in the PCC, the Employer shall be deemed to have
delayed the start of the relevant activities, and this shall be a
Compensation Event.

21. Access to the 21.1 The Contractor shall allow the Project Manager and any person
Site authorized by the Project Manager (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), including to carry out
environmental and social audit, as appropriate, access to the Site
and to any place where work in connection with the Contract is
being carried out or is intended to be carried out.

22. Instructions, 22.1 The Contractor shall carry out all instructions of the Project
Inspections Manager which comply with the applicable laws where the Site
and Audits is located.

22.2 The Contractor shall keep and shall make all reasonable efforts
to cause its Subcontractors and subconsultants to keep, accurate
and systematic accounts and records in respect of the Works in
such form and details as will clearly identify relevant time
changes and costs.

22.3 Inspections &Audit by the Bank

Pursuant to paragraph 2.2 e. of Appendix A to the GCC- 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 GCC
Sub-Clause 25.1 (Fraud and Corruption) which provides, inter
alia, that acts intended to materially impede the exercise of the
Bank’s inspection and audit rights constitute a prohibited
practice subject to contract termination (as well as to a
determination of ineligibility pursuant to the Bank’s prevailing
sanctions procedures).

23. Appointment 23.1 The Adjudicator shall be appointed jointly by the Employer and
of the the Contractor, at the time of the Employer’s issuance of the
Adjudicator Letter of Acceptance. If, in the Letter of Acceptance, the
Section VIII – General Conditions of Contract 168

Employer does not agree on the appointment of the Adjudicator,

the Employer will request the Appointing Authority designated
in the PCC, to appoint the Adjudicator within 14 days of
receipt of such request.
23.2 Should the Adjudicator resign or die or should the Employer
and the Contractor agree that the Adjudicator is not functioning
in accordance with the provisions of the Contract, a new
Adjudicator shall be jointly appointed by the Employer and the
Contractor. In case of disagreement between the Employer and
the Contractor, within 30 days, the Adjudicator shall be
designated by the Appointing Authority designated in the PCC
at the request of either party, within 14 days of receipt of such
request.

24. Procedure for 24.1 If the Contractor believes that a decision taken by the Project
Disputes Manager was either outside the authority given to the Project
Manager by the Contract or that the decision was wrongly
taken, the decision shall be referred to the Adjudicator within 14
days of the notification of the Project Manager’s decision.
24.2 The Adjudicator shall give a decision in writing within 28 days
of receipt of a notification of a dispute.
24.3 The Adjudicator shall be paid by the hour at the rate specified
in the PCC, together with reimbursable expenses of the types
specified in the PCC, and the cost shall be divided equally
between the Employer and the Contractor, whatever decision is
reached by the Adjudicator. Either party may refer a decision of
the Adjudicator to an Arbitrator within 28 days of the
Adjudicator’s written decision. If neither party refers the dispute
to arbitration within the above 28 days, the Adjudicator’s
decision shall be final and binding.
24.4 The arbitration shall be conducted in accordance with the
arbitration procedures published by the institution named and in
the place specified in the PCC.

25. Fraud and 25.1 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
Appendix A to the GCC.
25.2 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,
Section VIII – General Conditions of Contract 169

gratuity or fee.

26. Stakeholder 26.1 The Contractor shall provide relevant contract- related
Engagement information, as the Employer and/or Project Manager 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 may also directly participate in Stakeholder
engagements, as the Employer and/or Project Manager may
reasonably request

27. Suppliers 27.1 Forced Labor: The Contractor shall take measures to require its
(other than suppliers (other than Subcontractors) not to employ or engage
Subcontractors forced labor including trafficked persons as described in GCC
) Sub-Clause 9.4.14. If forced labor/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.
27.2 Child Labor: The Contractor shall take measures to require its
suppliers (other than Subcontractors) not to employ or engage
child labor as described in GCC Sub-Clause 9.4.15. If child
labor cases are identified, the Contractor shall take measures to
require the suppliers to take appropriate steps to remedy them.
Where the supplier does not remedy the situation, the
Contractor shall within a reasonable period substitute the
supplier with a supplier that is able to manage such risks.
27.3 Serious Safety Issues: The Contractor, including its
Subcontractors, shall comply with all applicable safety
obligations, including as stated in GCC Sub-Clause 18.2. 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.
27.4 Obtaining natural resource materials in relation to supplier:
The Contractor shall obtain natural resource materials from
suppliers that can demonstrate, through compliance with the
Section VIII – General Conditions of Contract 170

applicable verification and/ or certification requirements, that

obtaining such materials is not contributing to the risk of
significant conversion or significant degradation of natural or
critical habitats such as unsustainably harvested wood products,
gravel or sand extraction from riverbeds or beaches.
If a supplier cannot continue to demonstrate that obtaining such
materials is not contributing to the risk of significant conversion
or significant degradation of natural or critical habitats, the
Contractor shall within a reasonable period substitute the
supplier with a supplier that is able to demonstrate that they are
not significantly adversely impacting the habitats.

28. Code of 28.1 The Contractor shall have a Code of Conduct for the
Conduct Contractor’s Personnel.
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 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.

29. Security of the 29.1 The Contractor shall be responsible for the security of the Site,
Site and:
(a) for keeping unauthorized persons off the Site;
(b) authorized persons shall be limited to the Contractor’s
Personnel, the Employer’s Personnel, and to any other
personnel identified as authorized personnel (including
the Employer’s other contractors on the Site), by a notice
from the Employer or the Project Manager to the
Section VIII – General Conditions of Contract 171

Contractor.
Subject to GCC Sub-Clause 16.2, the Contractor shall submit for
the Project Manager’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.

B. Time Control
30. Program and 30.1 Within the time stated in the PCC, after the date of the Letter
Progress of Acceptance, the Contractor shall submit to the Project
Reports Manager for approval a Program showing the general methods,
arrangements, order, and timing for all the activities in the
Works. In the case of a lump-sum contract, the activities in the
Program shall be consistent with those in the Activity Schedule.
The Project Manager’s approval of the Program shall not alter
the Contractor’s obligations. The Contractor may revise the
Program and submit it to the Project Manager again at any time.
A revised Program shall show the effect of Variations and
Compensation Events.
30.2 An update of the Program shall be a program showing the actual
progress achieved on each activity and the effect of the progress
achieved on the timing of the remaining work, including any
changes to the sequence of the activities.
30.3 The Contractor shall monitor progress of the Works and submit
to the Project manager progress report and any updated Program
showing the actual progress achieved and the effect of the
progress achieved on the timing of the remaining Works,
including any changes to the sequence of the activities, at
intervals no longer than the period stated in the PCC. If the
Contractor does not submit an updated Program within this
Section VIII – General Conditions of Contract 172

period, the Project Manager may withhold the amount stated in

the PCC from the next payment certificate and continue to
withhold this amount until the next payment after the date on
which the overdue Program has been submitted. In the case of
lump-sum Contract, the Contractor shall provide an updated
Activity Schedule within 14 days of being instructed to by the
Project Manager.
30.4 Unless otherwise stated in the Specification, each progress report
shall include the Environmental and Social (ES) metrics set out
in Appendix B. If stated in the PCC, progress report shall
include status of compliance to cyber security risks management,
and any foreseeable cyber security risk and mitigation.
30.5 In addition to the progress reports, the Contractor shall inform
the Project Manager immediately of any allegation, incident or
accident in the Site, which has or is likely to have a significant
adverse effect on the environment, the affected communities, the
public, Employer’s Personnel, Project Manager’s personnel or
Contractor’s Personnel. This includes, but is not limited to, any
incident or accident causing fatality or serious injury; significant
adverse effects or damage to private property; any cyber security
incidents as specified in the PCC; or any allegation of SEA
and/or SH. In case of SEA and/or SH, while maintaining
confidentiality as appropriate, the type of allegation (sexual
exploitation, sexual abuse or sexual harassment), gender and age
of the person who experienced the alleged incident should be
included in the information.
The Contractor, upon becoming aware of the allegation, incident
or accident, shall also immediately inform the Project Manager
of any such incident or accident on the Subcontractors’ or
suppliers’ premises relating to the Works which has or is likely
to have a significant adverse effect on the environment, the
affected communities, the public, Employer’s Personnel, or
Contractor’s, its Subcontractors’ and suppliers’ personnel. The
notification shall provide sufficient detail regarding such
incidents or accidents. The Contractor shall provide full details
of such incidents or accidents to the Project Manager within the
timeframe agreed with the Project Manager.
The Contractor shall require its Subcontractors and suppliers
(other than Subcontractors) to immediately notify the Contractor
of any incidents or accidents referred to in this Subclause.

31. Extension of 31.1 The Project Manager shall extend the Intended Completion
the Intended Date if a Compensation Event occurs or a Variation is issued
Completion which makes it impossible for Completion to be achieved by the
Section VIII – General Conditions of Contract 173

Date Intended Completion Date without the Contractor taking steps

to accelerate the remaining work, which would cause the
Contractor to incur additional cost.
31.2 The Project Manager shall decide whether and by how much to
extend the Intended Completion Date within 21 days of the
Contractor asking the Project Manager for a decision upon the
effect of a Compensation Event or Variation and submitting full
supporting information. If the Contractor has failed to give early
warning of a delay or has failed to cooperate in dealing with a
delay, the delay by this failure shall not be considered in
assessing the new Intended Completion Date.

32. Acceleration 32.1 When the Employer wants the Contractor to finish before the
Intended Completion Date, the Project Manager shall obtain
priced proposals for achieving the necessary acceleration from
the Contractor. If the Employer accepts these proposals, the
Intended Completion Date shall be adjusted accordingly and
confirmed by both the Employer and the Contractor.
32.2 If the Contractor’s priced proposals for an acceleration are
accepted by the Employer, they are incorporated in the Contract
Price and treated as a Variation.

33. Delays 33.1 The Project Manager may instruct the Contractor to delay the
Ordered by the start or progress of any activity within the Works.
Project
Manager

34. Management 34.1 Either the Project Manager or the Contractor may require the
Meetings other to attend a management meeting. The business of a
management meeting shall be to review the plans for remaining
work and to deal with matters raised in accordance with the
early warning procedure.
34.2 The Project Manager shall record the business of management
meetings and provide copies of the record to those attending the
meeting and to the Employer. The responsibility of the parties
for actions to be taken shall be decided by the Project Manager
either at the management meeting or after the management
meeting and stated in writing to all who attended the meeting.

35. Early Warning 35.1 The Contractor shall warn the Project Manager at the earliest
opportunity of specific likely future events or circumstances
that may adversely affect the quality of the work, increase the
Contract Price, or delay the execution of the Works. The
Project Manager may require the Contractor to provide an
estimate of the expected effect of the future event or
Section VIII – General Conditions of Contract 174

circumstance on the Contract Price and Completion Date. The

estimate shall be provided by the Contractor as soon as
reasonably possible.
35.2 The Contractor shall cooperate with the Project Manager in
making and considering proposals for how the effect of such an
event or circumstance can be avoided or reduced by anyone
involved in the work and in carrying out any resulting
instruction of the Project Manager.

C. Quality Control
36. Identifying 36.1 The Project Manager shall check the Contractor’s work and
Defects notify the Contractor of any Defects that are found. Such
checking shall not affect the Contractor’s responsibilities. The
Project Manager may instruct the Contractor to search for a
Defect and to uncover and test any work that the Project
Manager considers may have a Defect.

37. Tests 37.1 If the Project Manager instructs the Contractor to carry out a
test not specified in the Specification to check whether any
work has a Defect and the test shows that it does, the Contractor
shall pay for the test and any samples. If there is no Defect, the
test shall be a Compensation Event.

38. Correction of 38.1 The Project Manager shall give notice to the Contractor of any
Defects Defects before the end of the Defects Liability Period, which
begins at Completion, and is defined in the PCC. The Defects
Liability Period shall be extended for as long as Defects remain
to be corrected.
38.2 Every time notice of a Defect is given, the Contractor shall
correct the notified Defect within the length of time specified by
the Project Manager’s notice.

39. Uncorrected 39.1 If the Contractor has not corrected a Defect within the time
Defects specified in the Project Manager’s notice, the Project Manager
shall assess the cost of having the Defect corrected, and the
Contractor shall pay this amount.

D. Cost Control
40. Contract Price2 40.1 The Bill of Quantities shall contain priced items for the Works
2
In lump-sum contracts, replace GCC Sub-Clauses 40.1 as follows:
40.1 The Contractor shall provide updated Activity Schedules within 14 days of being instructed to by
the Project Manager. The Activity Schedule shall contain the priced activities for the Works to be
performed by the Contractor. The Activity Schedule is used to monitor and control the
performance of activities on which basis the Contractor will be paid. If payment for materials on
Section VIII – General Conditions of Contract 175

to be performed by the Contractor. The Bill of Quantities is

used to calculate the Contract Price. The Contractor will be paid
for the quantity of the work accomplished at the rate in the Bill
of Quantities for each item.

41. Changes in the 41.1 If the final quantity of the work done differs from the quantity
Contract Price3 in the Bill of Quantities for the particular item by more than 25
percent, provided the change exceeds 1 percent of the Initial
Contract Price, the Project Manager shall adjust the rate to
allow for the change. The Project Manager shall not adjust rates
from changes in quantities if thereby the Initial Contract Price is
exceeded by more than 15 percent, except with the prior
approval of the Employer.
41.2 If requested by the Project Manager, the Contractor shall
provide the Project Manager with a detailed cost breakdown of
any rate in the Bill of Quantities.

42. Variations 42.1 All Variations shall be included in updated Programs4 produced
by the Contractor.
42.2 The Contractor shall provide the Project Manager with a
quotation for carrying out the Variation when requested to do so
by the Project Manager. The Contractor shall also provide
information of any ES risks and impacts of the Variation, and
any additional documents specified in the PCC. The Project
Manager shall assess the quotation, which shall be given within
seven (7) days of the request or within any longer period stated
by the Project Manager and before the Variation is ordered.
42.3 If the Contractor’s quotation is unreasonable, the Project
Manager may order the Variation and make a change to the
Contract Price, which shall be based on the Project Manager’s
own forecast of the effects of the Variation on the Contractor’s
costs.
42.4 If the Project Manager decides that the urgency of varying the
work would prevent a quotation being given and considered
without delaying the work, no quotation shall be given and the
Variation shall be treated as a Compensation Event.
42.5 The Contractor shall not be entitled to additional payment for

site shall be made separately, the Contractor shall show delivery of Materials to the Site separately
on the Activity Schedule.
3
In lump-sum contracts, replace entire GCC Clause 41 with new GCC Sub-Clause 41.1, as follows:
41.1 The Activity Schedule shall be amended by the Contractor to accommodate changes of Program
or method of working made at the Contractor’s own discretion. Prices in the Activity Schedule
shall not be altered when the Contractor makes such changes to the Activity Schedule.
4
In lump-sum contracts, add “and Activity Schedules” after “Programs.”
Section VIII – General Conditions of Contract 176

costs that could have been avoided by giving early warning.

42.6 If the work in the Variation corresponds to an item description
in the Bill of Quantities and if, in the opinion of the Project
Manager, the quantity of work above the limit stated in GCC
Sub-Clause 41.1 or the timing of its execution do not cause the
cost per unit of quantity to change, the rate in the Bill of
Quantities shall be used to calculate the value of the Variation.
If the cost per unit of quantity changes, or if the nature or timing
of the work in the Variation does not correspond with items in
the Bill of Quantities, the quotation by the Contractor shall be in
the form of new rates for the relevant items of work. 5
42.7 Value Engineering: The Contractor may prepare, at its own
cost, a value engineering proposal at any time during the
performance of the contract. The value engineering proposal
shall, at a minimum, include the following;
(a) the proposed change(s), and a description of the
difference to the existing contract requirements;
(b) a full cost/benefit analysis of the proposed change(s)
including a description and estimate of costs (including
life cycle cost) the Employer may incur in implementing
the value engineering proposal;
(c) a description of any effect(s) of the change on
performance/functionality; and
(d) a description of the proposed work to be performed, a
program for its execution and sufficient ES information to
enable an evaluation of ES risks and impacts.
The Employer may accept the value engineering proposal if the
proposal demonstrates benefits that:
(a) accelerates the contract completion period; or
(b) reduces the Contract Price or the life cycle costs to the
Employer; or
(c) improves the quality, efficiency, safety or sustainability of
the Facilities; or
(d) yields any other benefits to the Employer,
without compromising the functionality of the Works.
If the value engineering proposal is approved by the Employer
and results in:
(a) a reduction of the Contract Price; the amount to be paid to
the Contractor shall be the percentage specified in the
5
In lump-sum contracts, delete this paragraph.
Section VIII – General Conditions of Contract 177

PCC of the reduction in the Contract Price; or

(b) an increase in the Contract Price; but results in a reduction
in life cycle costs due to any benefit described in (a) to (d)
above, the amount to be paid to the Contractor shall be the
full increase in the Contract Price.

43. Cash Flow 43.1 When the Program,6 is updated, the Contractor shall provide the
Forecasts Project Manager with an updated cash flow forecast. The cash
flow forecast shall include different currencies, as defined in the
Contract, converted as necessary using the Contract exchange
rates.

44. Payment 44.1 The Contractor shall submit to the Project Manager monthly
Certificates statements of the estimated value of the work executed less the
cumulative amount certified previously.
44.2 The Project Manager shall check the Contractor’s monthly
statement and certify the amount to be paid to the Contractor.
44.3 The value of work executed shall be determined by the Project
Manager.
44.4 The value of work executed shall comprise the value of the
quantities of work in the Bill of Quantities that have been
completed.7
44.5 The value of work executed shall include the valuation of
Variations and Compensation Events.
44.6 The Project Manager may exclude any item certified in a
previous certificate or reduce the proportion of any item
previously certified in any certificate in the light of later
information.
44.7 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 Project Manager, may be
withheld until the work or obligation has been performed,
and/or the cost of rectification or replacement, as determined by
the Project Manager, may be withheld until rectification or
replacement has been completed. Failure to perform includes,
but is not limited to the following:
(a) failure to comply with any ES obligations or work
described in the Works’ Requirements which may include
working outside site boundaries, excessive dust, failure to
keep public roads in a safe usable condition, damage to
6
In lump-sum contracts, add “or Activity Schedule” after “Program.”
7
In lump-sum contracts, replace this paragraph with the following: “The value of work executed shall
comprise the value of completed activities in the Activity Schedule.”
Section VIII – General Conditions of Contract 178

offsite vegetation, pollution of water courses from oils or

sedimentation, contamination of land e.g., from oils,
human waste, damage to archeology or cultural heritage
features, air pollution as a result of unauthorized and/or
inefficient combustion;
(b) failure to regularly review C-ESMP and/or update it in a
timely manner to address emerging ES issues, or
anticipated risks or impacts;
(c) failure to implement the C-ESMP e.g., failure to provide
required training or sensitization;
(d) failing to have appropriate consents/permits prior to
undertaking Works or related activities;
(e) failure to submit ES report/s (as described in Appendix
B), or failure to submit such reports in a timely manner;
(f) failure to implement remediation as instructed by the
Project Manager within the specified timeframe (e.g.,
remediation addressing non-compliance/s).
44.8 As specified in the PCC, if the Contractor fails to perform its
cyber security obligations under the Contract, an assessed
amount, as determined by the Project Manager, may be
withheld until the obligation has been performed.

45. Payments 45.1 Payments shall be adjusted for deductions for advance
payments and retention. The Employer shall pay the Contractor
the amounts certified by the Project Manager within 28 days of
the date of each certificate. If the Employer makes a late
payment, the Contractor shall be paid interest on the late
payment in the next payment. Interest shall be calculated from
the date by which the payment should have been made up to the
date when the late payment is made at the prevailing rate of
interest for commercial borrowing for each of the currencies in
which payments are made.
45.2 If an amount certified is increased in a later certificate or as a
result of an award by the Adjudicator or an Arbitrator, the
Contractor shall be paid interest upon the delayed payment as
set out in this clause. Interest shall be calculated from the date
upon which the increased amount would have been certified in
the absence of dispute.
45.3 Unless otherwise stated, all payments and deductions shall be
paid or charged in the proportions of currencies comprising the
Contract Price.
45.4 Items of the Works for which no rate or price has been entered
Section VIII – General Conditions of Contract 179

in shall not be paid for by the Employer and shall be deemed

covered by other rates and prices in the Contract.

46. Compensation 46.1 The following shall be Compensation Events:

Events (a) The Employer does not give access to a part of the Site by
the Site Possession Date pursuant to GCC Sub-Clause
20.1.
(b) The Employer modifies the Schedule of Other Contractors
in a way that affects the work of the Contractor under the
Contract.
(c) The Project Manager orders a delay or does not issue
Drawings, Specification, or instructions required for
execution of the Works on time.
(d) The Project Manager instructs the Contractor to uncover
or to carry out additional tests upon work, which is then
found to have no Defects.
(e) The Project Manager unreasonably does not approve a
subcontract to be let.
(f) Ground conditions are substantially more adverse than
could reasonably have been assumed before issuance of
the Letter of Acceptance from the information issued to
bidders (including the Site Investigation Reports), from
information available publicly and from a visual
inspection of the Site.
(g) The Project Manager gives an instruction for dealing with
an unforeseen condition, caused by the Employer, or
additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities, or the
Employer does not work within the dates and other
constraints stated in the Contract, and they cause delay or
extra cost to the Contractor.
(i) The advance payment is delayed.
(j) The effects on the Contractor of any of the Employer’s
Risks.
(k) The Project Manager unreasonably delays issuing a
Certificate of Completion.
46.2 If a Compensation Event would cause additional cost or would
prevent the work being completed before the Intended
Completion Date, the Contract Price shall be increased and/or
the Intended Completion Date shall be extended. The Project
Manager shall decide whether and by how much the Contract
Section VIII – General Conditions of Contract 180

Price shall be increased and whether and by how much the

Intended Completion Date shall be extended.
46.3 As soon as information demonstrating the effect of each
Compensation Event upon the Contractor’s forecast cost has
been provided by the Contractor, it shall be assessed by the
Project Manager, and the Contract Price shall be adjusted
accordingly. If the Contractor’s forecast is deemed
unreasonable, the Project Manager shall adjust the Contract
Price based on the Project Manager’s own forecast. The Project
Manager shall assume that the Contractor shall react
competently and promptly to the event.
46.4 The Contractor shall not be entitled to compensation to the
extent that the Employer’s interests are adversely affected by
the Contractor’s not having given early warning or not having
cooperated with the Project Manager.

47. Tax 47.1 The Project Manager shall adjust the Contract Price if taxes,
duties, and other levies are changed between the date 28 days
before the submission of bids for the Contract and the date of
the last Completion certificate. The adjustment shall be the
change in the amount of tax payable by the Contractor, provided
such changes are not already reflected in the Contract Price or
are a result of GCC Clause 49.

48. Currencies 48.1 Where payments are made in currencies other than the currency
of the Employer’s country specified in the PCC, the exchange
rates used for calculating the amounts to be paid shall be the
exchange rates stated in the Contractor’s Bid.

49. Price 49.1 Prices shall be adjusted for fluctuations in the cost of inputs
Adjustment only if provided for in the PCC. If so provided, the amounts
certified in each payment certificate, before deducting for
Advance Payment, shall be adjusted by applying the respective
price adjustment factor to the payment amounts due in each
currency. A separate formula of the type specified below
applies to each Contract currency:
Pc = Ac + Bc Imc/Ioc
where:
Pc is the adjustment factor for the portion of the Contract
Price payable in a specific currency “c.”
Ac and Bc are coefficients8 specified in the PCC,
8
The sum of the two coefficients Ac and Bc should be 1 (one) in the formula for each currency. Normally,
both coefficients shall be the same in the formulae for all currencies, since coefficient A, for the
nonadjustable portion of the payments, is a very approximate figure (usually 0.15) to take account of fixed
Section VIII – General Conditions of Contract 181

representing the nonadjustable and adjustable portions,

respectively, of the Contract Price payable in that specific
currency “c;” and
Imc is the index prevailing at the end of the month being
invoiced and Ioc is the index prevailing 28 days before Bid
opening for inputs payable; both in the specific currency “c.”
49.2 If the value of the index is changed after it has been used in a
calculation, the calculation shall be corrected and an adjustment
made in the next payment certificate. The index value shall be
deemed to take account of all changes in cost due to fluctuations
in costs.

50. Retention 50.1 The Employer shall retain from each payment due to the
Contractor the proportion stated in the PCC until Completion
of the whole of the Works.
50.2 Upon the issue of a Certificate of Completion of the Works by
the Project Manager, in accordance with GCC Sub-Clause 57.1,
half the total amount retained shall be repaid to the Contractor
and half when the Defects Liability Period has passed and the
Project Manager has certified that all Defects notified by the
Project Manager to the Contractor before the end of this period
have been corrected. The Contractor may substitute retention
money with an “on demand” Bank guarantee.

51. Liquidated 51.1 The Contractor shall pay liquidated damages to the Employer at
Damages the rate per day stated in the PCC for each day that the
Completion Date is later than the Intended Completion Date.
The total amount of liquidated damages shall not exceed the
amount defined in the PCC. The Employer may deduct
liquidated damages from payments due to the Contractor.
Payment of liquidated damages shall not affect the Contractor’s
liabilities.
51.2 If the Intended Completion Date is extended after liquidated
damages have been paid, the Project Manager shall correct any
overpayment of liquidated damages by the Contractor by
adjusting the next payment certificate. The Contractor shall be
paid interest on the overpayment, calculated from the date of
payment to the date of repayment, at the rates specified in GCC
Sub-Clause 45.1.

52. Bonus 52.1 The Contractor shall be paid a Bonus calculated at the rate per
calendar day stated in the PCC for each day (less any days for
which the Contractor is paid for acceleration) that the
cost elements or other nonadjustable components. The sum of the adjustments for each currency are added
to the Contract Price.
Section VIII – General Conditions of Contract 182

Completion is earlier than the Intended Completion Date. The

Project Manager shall certify that the Works are complete,
although they may not be due to be complete.

53. Advance 53.1 The Employer shall make advance payment to the Contractor of
Payment the amounts stated in the PCC by the date stated in the PCC,
against provision by the Contractor of an Unconditional Bank
Guarantee in a form and by a bank acceptable to the Employer
in amounts and currencies equal to the advance payment. The
Guarantee shall remain effective until the advance payment has
been repaid, but the amount of the Guarantee shall be
progressively reduced by the amounts repaid by the Contractor.
Interest shall not be charged on the advance payment.
53.2 The Contractor is to use the advance payment only to pay for
Equipment, Plant, Materials, and mobilization expenses
required specifically for execution of the Contract. The
Contractor shall demonstrate that advance payment has been
used in this way by supplying copies of invoices or other
documents to the Project Manager.
53.3 The advance payment shall be repaid by deducting
proportionate amounts from payments otherwise due to the
Contractor, following the schedule of completed percentages of
the Works on a payment basis. No account shall be taken of the
advance payment or its repayment in assessing valuations of
work done, Variations, price adjustments, Compensation
Events, Bonuses, or Liquidated Damages.

54. Securities 54.1 The Performance Security, and if so specified in the PCC an
environmental and social (ES) performance security, shall be
provided to the Employer no later than the date specified in the
Letter of Acceptance and shall be issued in an amount specified
in the PCC, by a bank or surety acceptable to the Employer,
and denominated in the types and proportions of the currencies
in which the Contract Price is payable. The Performance
Security shall be valid until a date 28 days from the date of
issue of the Certificate of Completion in the case of a Bank
Guarantee, and until one year from the date of issue of the
Certificate of Completion in the case of a Performance Bond.

55. Dayworks 55.1 If applicable, the Dayworks rates in the Contractor’s Bid shall
be used only when the Project Manager has given written
instructions in advance for additional work to be paid for in that
way.
55.2 All work to be paid for as Dayworks shall be recorded by the
Contractor on forms approved by the Project Manager. Each
Section VIII – General Conditions of Contract 183

completed form shall be verified and signed by the Project

Manager within two days of the work being done.
55.3 The Contractor shall be paid for Dayworks subject to obtaining
signed Dayworks forms.

56. Cost of Repairs 56.1 Loss or damage to the Works or Materials to be incorporated in
the Works between the Start Date and the end of the Defects
Correction periods shall be remedied by the Contractor at the
Contractor’s cost if the loss or damage arises from the
Contractor’s acts or omissions.

E. Finishing the Contract

57. Completion 57.1 The Contractor shall request the Project Manager to issue a
Certificate of Completion of the Works, and the Project
Manager shall do so upon deciding that the whole of the Works
is completed.

58. Taking Over 58.1 The Employer shall take over the Site and the Works within
seven days of the Project Manager’s issuing a certificate of
Completion.

59. Final Account 59.1 The Contractor shall supply the Project Manager with a detailed
account of the total amount that the Contractor considers
payable under the Contract before the end of the Defects
Liability Period. The Project Manager shall issue a Defects
Liability Certificate and certify any final payment that is due to
the Contractor within 56 days of receiving the Contractor’s
account if it is correct and complete. If it is not, the Project
Manager shall issue within 56 days a schedule that states the
scope of the corrections or additions that are necessary. If the
Final Account is still unsatisfactory after it has been
resubmitted, the Project Manager shall decide on the amount
payable to the Contractor and issue a payment certificate.

60. Operating and 60.1 If “as built” Drawings and/or operating and maintenance
Maintenance manuals are required, the Contractor shall supply them by the
Manuals dates stated in the PCC.
60.2 If the Contractor does not supply the Drawings and/or manuals
by the dates stated in the PCC pursuant to GCC Sub-Clause
60.1, or they do not receive the Project Manager’s approval, the
Project Manager shall withhold the amount stated in the PCC
from payments due to the Contractor.

61. Termination 61.1 The Employer or the Contractor may terminate the Contract if
Section VIII – General Conditions of Contract 184

the other party causes a fundamental breach of the Contract.

61.2 Fundamental breaches of Contract shall include, but shall not be
limited to, the following:

(a) the Contractor stops work for 28 days when no stoppage

of work is shown on the current Program and the stoppage
has not been authorized by the Project Manager;
(b) the Project Manager instructs the Contractor to delay the
progress of the Works, and the instruction is not
withdrawn within 28 days;
(c) the Employer or the Contractor is made bankrupt or goes
into liquidation other than for a reconstruction or
amalgamation;
(d) a payment certified by the Project Manager is not paid by
the Employer to the Contractor within 84 days of the date
of the Project Manager’s certificate;
(e) the Project Manager gives Notice that failure to correct a
particular Defect is a fundamental breach of Contract and
the Contractor fails to correct it within a reasonable period
of time determined by the Project Manager;
(f) the Contractor does not maintain a Security, which is
required;
(g) the Contractor has delayed the completion of the Works
by the number of days for which the maximum amount of
liquidated damages can be paid, as defined in the PCC;
or
(h) if the Contractor, in the judgment of the Employer has
engaged in Fraud and Corruption, as defined in
paragraph 2.2 a of the Appendix A to the GCC, in
competing for or in executing the Contract, then the
Employer may, after giving fourteen (14) days written
notice to the Contractor, terminate the Contract and expel
him from the Site.
61.3 Notwithstanding the above, the Employer may terminate the
Contract for convenience.

61.4 If the Contract is terminated, the Contractor shall stop work

immediately, make the Site safe and secure, and leave the Site
as soon as reasonably possible.

61.5 When either party to the Contract gives notice of a breach of

Contract to the Project Manager for a cause other than those
listed under GCC Sub-Clause 61.2 above, the Project Manager
Section VIII – General Conditions of Contract 185

shall decide whether the breach is fundamental or not.

62. Payment upon 62.1 If the Contract is terminated because of a fundamental breach of
Termination Contract by the Contractor, the Project Manager shall issue a
certificate for the value of the work done and Materials ordered
less advance payments received up to the date of the issue of the
certificate and less the percentage to apply to the value of the
work not completed, as specified in the PCC. Additional
Liquidated Damages shall not apply. If the total amount due to
the Employer exceeds any payment due to the Contractor, the
difference shall be a debt payable to the Employer.
62.2 If the Contract is terminated for the Employer’s convenience or
because of a fundamental breach of Contract by the Employer,
the Project Manager shall issue a certificate for the value of the
work done, Materials ordered, the reasonable cost of removal of
Equipment, repatriation of the Contractor’s personnel employed
solely on the Works, and the Contractor’s costs of protecting
and securing the Works, and less advance payments received up
to the date of the certificate.

63. Property 63.1 All Materials on the Site, Plant, Equipment, Temporary Works,
and Works shall be deemed to be the property of the Employer
if the Contract is terminated because of the Contractor’s default.

64. Release from 64.1 If the Contract is frustrated by the outbreak of war or by any
Performance other event entirely outside the control of either the Employer or
the Contractor, the Project Manager shall certify that the
Contract has been frustrated. The Contractor shall make the Site
safe and stop work as quickly as possible after receiving this
certificate and shall be paid for all work carried out before
receiving it and for any work carried out afterwards to which a
commitment was made.

65. Suspension of 65.1 In the event that the Bank suspends the Loan or Credit to the
Bank Loan or Employer, from which part of the payments to the Contractor
Credit are being made:
(a) The Employer is obligated to notify the Contractor of such
suspension within 7 days of having received the Bank’s
suspension notice.
(b) If the Contractor has not received sums due to it within the
28 days for payment provided for in GCC Sub-Clause
45.1, the Contractor may immediately issue a 14-day
termination notice.
Section VIII – General Conditions of Contract 186

66. Cyber Security 66.1 Pursuant to the PCC, the Contractor, including its
Subcontractors/ suppliers/ manufacturers shall take all technical
and organizational measures necessary to protect the
information technology systems and data used in connection
with the Contract. Without limiting the foregoing, the
Contractor, including its Subcontractors/ suppliers/
manufacturers, shall use all reasonable efforts to establish,
maintain, implement and comply with, reasonable information
technology, information security, cyber security and data
protection controls, policies and procedures, including
oversight, access controls, encryption, technological and
physical safeguards and business continuity/disaster recovery
and security plans that are designed to protect against and
prevent breach, destruction, loss, unauthorized distribution, use,
access, disablement, misappropriation or modification, or other
compromise or misuse of or relating to any information
technology system or data used in connection with the Contract.
Section VIII – General Conditions of Contract 187

APPENDIX A
TO GENERAL CONDITIONS
Fraud and Corruption
(Text in this Appendix 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
(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
Section VIII – General Conditions of Contract 188

(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; 9 (ii) to be a
nominated10 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 inspect 11 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.

9
For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i) applying
for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-contractor, nominated
consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii) entering into an
addendum or amendment introducing a material modification to any existing contract.
10
A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider (different
names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in its pre-
qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet the
qualification requirements for the particular bid; or (ii) appointed by the Borrower.
11
Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities undertaken by the
Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating the veracity of
an allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such activity includes but is not limited to:
accessing and examining a firm's or individual's financial records and information, and making copies thereof as relevant;
accessing and examining any other documents, data and information (whether in hard copy or electronic format)
deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant
individuals; performing physical inspections and site visits; and obtaining third party verification of information.
Section VIII – General Conditions of Contract 189

APPENDIX B

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).
Section VIII – General Conditions of Contract 190

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 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
Section VIII – General Conditions of Contract 191

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.
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;
Section VIII – General Conditions of Contract 192

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:
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 VIII – General Conditions of Contract 193

APPENDIX C
Sexual Exploitation and Abuse (SEA) and/or Sexual
Harassment (SH) Performance Declaration for
Subcontractors
[The following table shall be filled in by each subcontractor proposed by the Contractor, that was not
named in the Contract]
Subcontractor’s Name: [insert full name]
Date: [insert day, month, year]
Contract reference [insert contract reference]
Page [insert page number] of [insert total number] pages

SEA and/or SH Declaration

We:
¨ (a) have not been subject to disqualification by the Bank for non-compliance with SEA/ SH
obligations.
¨ (b) are subject to disqualification by the Bank for non-compliance with SEA/ SH obligations.
¨ (c) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations.
An arbitral award on the disqualification case has been made in our favor.
¨ (d) had been subject to disqualification by the Bank for non-compliance with SEA/ SH
obligations for a period of two years. We have subsequently demonstrated that we have
adequate capacity and commitment to comply with SEA /SH obligations.
¨ (e) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations
for a period of two years. We have attached specific evidence demonstrating that we have
adequate capacity and commitment to comply with SEA and SH obligations.

[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the
issues underlying the disqualification.]

[If (d) or ( e) above are applicable, provide the following information:]

Period of disqualification: From: _______________ To: ________________

If previously provided on another Bank financed works contract, details of evidence that
demonstrated adequate capacity and commitment to comply with SEA/SH obligations (as per (d)
above)
Name of Employer: ___________________________________________
Section VIII – General Conditions of Contract 194

Name of Project: _____________________________________

Contract description: _____________________________________________________
Brief summary of evidence provided: ________________________________________
______________________________________________________________________
Contact Information: (Tel, email, name of contact person): _______________________
______________________________________________________________________

As an alternative to the evidence under (d), other evidence demonstrating adequate capacity and
commitment to comply with SEA/SH obligations (as per (e) above) ) [attach details as
appropriate].

___________________________________________________________________________
____________________________________________________________________________

Name of the Subcontractor

Name of the person duly authorized to sign on behalf of the Subcontractor _______

Title of the person signing on behalf of the Subcontractor ______________________

Signature of the person named above ______________________

Date signed ________________________________ day of ___________________, _____

Countersignature of authorized representative of the Contractor:

Signature: ________________________________________________________
Section IX – Particular Conditions of Contract 195

Section IX - Particular Conditions of Contract

Except where otherwise specified, all Particular Conditions of Contract should be filled in
by the Employer prior to issuance of the bidding document. Schedules and reports to be
provided by the Employer should be annexed.

A. General
GCC 1.1 (d) The financing institution is:

GCC 1.1 (r) The Employer is [insert name, address, and name of authorized
representative].

GCC 1.1 (v) The Intended Completion Date for the whole of the Works shall be [insert
date]
[If different dates are specified for completion of the Works by section
(“sectional completion” or milestones), these dates should be listed here]

GCC 1.1 (y) The Project Manager is [insert name, address, and name of authorized
representative].

GCC 1.1 (aa) The Site is located at [insert address of Site ] and is defined in drawings No.
[insert numbers]

GCC 1.1 (dd) The Start Date shall be [insert date].

GCC 1.1 (hh) The Works consist of [insert brief summary, including relationship to other
contracts under the Project].

GCC 2.2 Sectional Completions are: [insert nature and dates, if appropriate]

GCC 2.3(i) The following documents also form part of the Contract: [List any other
relevant document not listed in the Contract Agreement]
GCC 3.1 The language of the contract is [insert name of the language. The language
shall be that of the Bid].
The law that applies to the Contract is the law of [insert name of Country].

GCC 5.1 The Project manager [may or may not] delegate any of his duties and
responsibilities.

GCC 8.1 Schedule of other contractors: [insert Schedule of Other Contractors, if

appropriate]

GCC 13.1 The minimum insurance amounts and deductibles shall be:
(a) for loss or damage to the Works, Plant and Materials:[insert amounts].
Section IX – Particular Conditions of Contract 196

(b) For loss or damage to Equipment:[insert amounts].

(c) for loss or damage to property (except the Works, Plant, Materials, and
Equipment) in connection with Contract [insert amounts].
(d) for personal injury or death:
(i) of the Contractor’s employees: [amount].
(ii) of other people: [amount].
GCC 14.1 Site Data are: [list Site Data]

GCC 20.1 The Site Possession Date(s) shall be: [insert location(s) and date(s)]

GCC 23.1 & Appointing Authority for the Adjudicator: [insert name of Authority].
GCC 23.2
GCC 24.3 Hourly rate and types of reimbursable expenses to be paid to the Adjudicator:
[insert hourly fees and reimbursable expenses].

GCC 24.4 [For smaller contracts, the institution is usually from the Employer’s
Country. For larger contracts, and contracts that are likely to be awarded
to international contractors, it is recommended that the arbitration
procedure of an international institution]
Institution whose arbitration procedures shall be used: ………………
[For larger contracts with international contractors, it is recommended to
select one institution among those listed below; insert the corresponding
wording]
“United Nations Commission on International Trade Law (UNCITRAL)
Arbitration Rules:
Any dispute, controversy, or claim arising out of or relating to this
Contract, or breach, termination, or invalidity thereof, shall be settled by
arbitration in accordance with the UNCITRAL Arbitration Rules as at
present in force.”
or
“Rules of Conciliation and Arbitration of the International Chamber of
Commerce (ICC):
All disputes arising out of or in connection with the present Contract shall
be finally settled under the Rules of Arbitration of the International
Chamber of Commerce by one or more arbitrators appointed in accordance
with said Rules.”
or
Section IX – Particular Conditions of Contract 197

“Rules of Arbitration Institute of the Stockholm Chamber of Commerce:

Any dispute, controversy, or claim arising out of or in connection with this
Contract, or the breach, termination, or invalidity thereof, shall be finally
settled by arbitration in accordance with the Arbitration Rules of the
Arbitration Institute of the Stockholm Chamber of Commerce.”
or
“Rules of the London court of International Arbitration:
Any dispute arising out of or in connection with this Contract, including
any question regarding its existence, validity, or termination shall be
referred to and finally resolved by arbitration under the LCIA Rules, which
Rules are deemed to be incorporated by reference to this clause.”
The place of arbitration shall be: [Insert city and country]

B. Time Control
GCC 30.1 The Contractor shall submit for approval a Program for the Works within
[number] days from the date of the Letter of Acceptance.

GCC 30.3 The period between Program updates is [insert number] days.
The amount to be withheld for late submission of an updated Program is
[insert amount].
The period for submission of progress reports is [insert number] days

GCC 30.4 [The following must be included if the contract has been assessed to present
potential or actual cyber security risks: “ Progress reports shall include
status of compliance to cyber security risks management, and any
foreseeable cyber security risk and mitigation”.]

GCC 30.5 [If the contract has been assessed to present potential or actual cyber
security risks,, indicate cyber security incidents to be immediately reported.]
C. Quality Control
GCC 38.1 The Defects Liability Period is: [insert number] days.
[The Defects Liability Period is usually limited to 12 months, but could be
less in very simple cases]

D. Cost Control
GCC 42.2 [Specify any additional requirements as appropriate]
[If the contract has been assessed to present potential or actual cyber
security risks, the following must be added: “The documents to be provided
Section IX – Particular Conditions of Contract 198

by the Contractor shall include sufficient information to enable assessment

of cyber security risks.”]
GCC 42.7 If the value engineering proposal is approved by the Employer the amount to
be paid to the Contractor shall be ___% (insert appropriate percentage. The
percentage is normally up to 50%) of the reduction in the Contract Price.

GCC 44.8 [If the Contract has been assessed to present potential or actual cyber
security risks, include the following: “GCC Sub- Clause 44.8 applies;
otherwise, state: “There are no Particular Conditions of Contract
applicable to GCC Sub- Clause 44.8”.]
GCC 48.1 The currency of the Employer’s Country is: [insert name of currency of the
Employer’s Country].

GCC 49.1 The Contract [insert “is” or “is not”] subject to price adjustment in
accordance with GCC Clause 49, and the following information regarding
coefficients [specify “does” or “does not”] apply.
[Where the contract period (excluding the Defects Liability Period) exceeds
eighteen (18) months, it is normal procedure that prices payable to the
Contractor shall be subject to adjustment during the performance of the
Contract to reflect changes occurring in the cost of labor and material
components. Contracts for shorter contract period, where local or foreign
inflation is expected to be high, shall also include price adjustment
provisions as appropriate]
The coefficients for adjustment of prices are:
(a) For currency [insert name of currency]:
(i) [insert percentage] percent nonadjustable element (coefficient
A).
(ii) [insert percentage] percent adjustable element (coefficient B).
(b) For currency [insert name of currency]:
(i) [insert percentage] percent nonadjustable element (coefficient
A).
(ii) [insert percentage] percent adjustable element (coefficient B).
The Index I for local currency shall be [insert index].
The Index I for the specified international currency shall be [insert index].
[These proxy indices shall be proposed by the Contractor, subject to
acceptance by the Employer]
The Index I for currencies other than the local currency and the specified
international currency shall be [insert index].
Section IX – Particular Conditions of Contract 199

[These proxy indices shall be proposed by the Contractor, subject to

acceptance by the Employer.]

GCC 50.1 The proportion of payments retained is: [insert percentage]

[The retention amount is usually close to 5 percent and in no case exceeds
10 percent.]

GCC 51.1 The liquidated damages for the whole of the Works are [insert percentage of
the final Contract Price] per day. The maximum amount of liquidated
damages for the whole of the Works is [insert percentage] of the final
Contract Price.
[Usually, liquidated damages are set between 0.05 percent and 0.10 percent
per day, and the total amount is not to exceed between 5 percent and 10
percent of the Contract Price. If Sectional Completion and Damages per
Section have been agreed, the latter should be specified here]

GCC 52.1 The Bonus for the whole of the Works is [insert percentage of final
Contract Price] per day. The maximum amount of Bonus for the whole of
the Works is [insert percentage] of the final Contract Price.
[If early completion would provide benefits to the Employer, this clause
should remain; otherwise delete. The Bonus is usually numerically equal to
the liquidated damages.]

GCC 53.1 The Advance Payments shall be: [insert amount(s)] and shall be paid to the
Contractor no later than [insert date(s)].

GCC 54.1 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. [An amount of 5 to 10 percent of the
Accepted Contract Amount is commonly specified for a “demand
guarantee”. A “performance bond” is an undertaking by a bonding or
insurance company (surety) to complete the construction in the event of
default by the Contractor, or to pay the amount of the Bond to the Employer.
An amount of 30 percent of the Accepted Contract Amount is commonly
specified for this type of security (see Section X, Contract Forms).]
[Delete the following provision if 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
Section IX – Particular Conditions of Contract 200

Contract Amount.]

E. Finishing the Contract

GCC 60.1 The date by which operating and maintenance manuals are required is
[insert date].
The date by which “as built” drawings are required is [insert date].

GCC 60.2 The amount to be withheld for failing to produce “as built” drawings and/or
operating and maintenance manuals by the date required in GCC Sub-Clause
60.1 is [insert amount in local currency].

GCC 61.2 (g) The maximum number of days is: [insert number; consistent with GCC Sub-
Clause 51.1 on liquidated damages].

GCC 62.1 The percentage to apply to the value of the work not completed, representing
the Employer’s additional cost for completing the Works, is [insert
percentage].

GCC 66.1 Cyber Security [insert either “applies” or “does not apply”] [GCC 66.1
must apply if the contract has been assessed to present potential or actual
cyber security risks.]
Section X – Contract Forms 201

Section X - Contract Forms

Table of Forms

Notification of Intention to Award...........................................................204

Letter of Acceptance...............................................................................210
Contract Agreement................................................................................211
Performance Security Option 1: Demand Guarantee.............................213
Performance Security Option 2: Performance Bond................................215
Environmental and Social (ES) Performance Security.............................217
Advance Payment Security.....................................................................219
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,
unless the Bidder has previously received notice of exclusion from the process at an
interim stage of the procurement process]

[Send this Notification to the Bidder’s Authorized Representative named in the Bidder
Information Form]
For the attention of Bidder’s Authorized Representative
Name: [insert Authorized Representative’s name]
Address: [insert Authorized Representative’s Address]
Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]
Email Address: [insert Authorized Representative’s email address]

[IMPORTANT: insert the date that this Notification is transmitted to 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 Bidder]

Section X –Contract Forms 203

Total combined
[insert the total combined score of the successful Bidder]
score:

2. Other Bidders [INSTRUCTIONS: insert names of all Bidders that submitted a Bid,
Bid prices as read out and evaluated, technical and combined scores.]
Technical Evaluated Bid
Name of Combined
Score Bid price cost
Bidder Score
[insert [insert
Technical [insert Bid [insert evaluated
[insert name] combined
score] price] cost]
score]
[insert [insert
Technical [insert Bid [insert evaluated
[insert name] combined
score] price] price]
score]
[insert [insert
Technical [insert Bid [insert evaluated
[insert name] combined
score] price] price]
score]
[insert [insert
Technical [insert Bid [insert evaluated
[insert name] combined
score] price] price]
score]
[insert [insert
Technical [insert Bid [insert evaluated
[insert name] combined
score] price] price]
score]

3. Reason/s why your Bid was unsuccessful[Delete if the combined score already
reveals the reason]

[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.
Section X – Contract Forms 204

Provide the contract name, reference number, name of the Bidder, contact details; and
address the request for debriefing as follows:
Attention: [insert full name of person, if applicable]
Title/position: [insert title/position]
Agency: [insert name of Employer]
Email address: [insert email address]
Fax number: [insert fax number] delete if not used
If your request for a debriefing is received within the 3 Business Days deadline, we will
provide the debriefing within five (5) Business Days of receipt of your request. If we
are unable to provide the debriefing within this period, the Standstill Period shall be
extended by five (5) Business Days after the date that the debriefing is provided. If this
happens, we will notify you and confirm the date that the extended Standstill Period
will end.
The debriefing may be in writing, by phone, video conference call or in person. We
shall promptly advise you in writing how the debriefing will take place and confirm the
date and time.
If the deadline to request a debriefing has expired, you may still request a debriefing. In
this case, we will provide the debriefing as soon as practicable, and normally no later
than fifteen (15) Business Days from the date of publication of the Contract Award
Notice.

5. How to make a complaint

DEADLINE: The deadline for submitting a Procurement-related Complaint

challenging the decision to award the contract expires on midnight, [insert date]
(local time).
Provide the contract name, reference number, name of the Bidder, contact details; and
address the Procurement-related Complaint as follows:
Attention: [insert full name of person, if applicable]
Title/position: [insert title/position]
Agency: [insert name of Employer]
Email address: [insert email address]
Fax number: [insert fax number] delete if not used
At this point in the procurement process, you may submit a Procurement-related
Complaint challenging the decision to award the contract. You do not need to have
requested, or received, a debriefing before making this complaint. Your complaint must
be submitted within the Standstill Period and received by us before the Standstill Period
ends.
Section X –Contract Forms 205

Further information:
For more information see the Procurement Regulations for IPF Borrowers (Procurement
Regulations) (Annex III). You should read these provisions before preparing and
submitting your complaint. In addition, the World Bank’s Guidance “How to make a
Procurement-related Complaint” provides a useful explanation of the process, as well as
a sample letter of complaint.
In summary, there are four essential requirements:
1. You must be an ‘interested party’. In this case, that means a Bidder who
submitted a Bid in this procurement 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. This may happen where we are unable to
provide a debriefing within the five (5) Business Day deadline. If this happens we will
notify you of the extension.

If you have any questions regarding this Notification, please do not hesitate to contact us.

On behalf of the Employer:

Signature: ______________________________________________

Name: ______________________________________________

Title/position: ______________________________________________

Telephone: ______________________________________________

Email: ______________________________________________
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
directors or equivalent governing body of the Bidder

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 Directly or indirectly Directly or Directly or indirectly
Beneficial Owner holding 25% or more indirectly holding having the right to
of the shares 25 % or more of appoint a majority of
the Voting 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
Section X –Contract Forms 207

of residence]

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
[on letterhead paper of the Employer]

. . . . . . . [date]. . . . . . .

To: . . . . . . . . . . [ name and address of the Contractor] . . . . . . . . . .

Subject: . . . . . . . . . . [Notification of Award Contract No]. . . . . . . . . . .

This is to notify you that your Bid dated . . . . [insert date] . . . . for execution of
the . . . . . . . . . .[insert name of the contract and identification number, as given in the PCC] .
. . . . . . . . . for the Accepted Contract Amount of . . . . . . . . .[insert amount in numbers and
words and 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 (ES) 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 the of the Performance Security Form 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 ITB 49.1, within eight (8) Business days using the
Beneficial Ownership Disclosure Form, included in Section X - Contract Forms, of the
bidding document.
[Choose one of the following statements:]

We accept that __________________________[insert the name of Adjudicator proposed by

the Bidder] be appointed as the Adjudicator.

[or]

We do not accept that _______________________[insert the name of the Adjudicator

proposed by the Bidder] be appointed as the Adjudicator, and by sending a copy of this
Letter of Acceptance to ________________________________________[insert name of
the Appointing Authority], the Appointing Authority, we are hereby requesting such
Authority to appoint the Adjudicator in accordance with ITB 51.1 and GCC Sub-Clause
23.1.

Authorized Signature: ...................................................................................................................

Name and Title of Signatory: ........................................................................................................

Name of Agency: ..........................................................................................................................

Section X –Contract Forms 209

Attachment: Contract Agreement

Section X – Contract Forms 210

Contract Agreement

THIS AGREEMENT made the . . . . . .day of . . . . . . . . . . . . . . . . ., . . . . . . ., between . . . .

. [name of the Employer]. . . . .. . . . . (hereinafter “the Employer”), of the one part, and . . . . .
[name of the Contractor]. . . . .(hereinafter “the Contractor”), of the other part:

WHEREAS the Employer desires that the Works known as . . . . . [name of the Contract]. .
. . .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 of Contract, including appendix;
(f) the Specification
(g) the Drawings
(h) Bill of Quantities; 12 and
(i) any other document listed in the PCC as forming part of the Contract, 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.

12
In lump sum contracts, delete “Bill of Quantities” and replace with “Activity Schedule.”
Section X –Contract Forms 211

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 . . . . . [name of the borrowing country]. . . . .on
the day, month and year specified above.

Signed by: Signed by:

for and on behalf of the Employer for and on behalf the Contractor

in the in the
presence of: presence of:
Witness, Name, Signature, Address, Date Witness, Name, Signature, Address, Date
Section X – Contract Forms 212

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.: [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 [insert date] 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, 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 [insert amount in figures]
(______) [insert amount in words],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(ies) 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 GCC Sub-Clause
57.1. 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 213

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a)
is hereby excluded.

_____________________
[signature(s)]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted
from the final product.

Performance Security
Option 2: Performance Bond
Section X – Contract Forms 214

By this Bond [insert name of Principal] as Principal (hereinafter called “the Contractor”) and
[insert name of Surety] as Surety (hereinafter called “the Surety”), are held and firmly bound
unto [insert name of Employer] as Obligee (hereinafter called “the Employer”) in the amount
of [insert amount in words and figures], 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 [name of contract and brief
description of Works] 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.

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
issue of the Certificate of Completion.
Section X –Contract Forms 215

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 his hand and affixed his seal, and the
Surety has caused these presents to be sealed with his corporate seal duly attested by the
signature of his 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 216

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
(ies) 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 GCC Sub-Clause 57.1.
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 217

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.

Advance Payment Security

Section X – Contract Forms 218

Demand Guarantee

[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 [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 [insert date] 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, an advance

payment in the sum [insert amount in figures] () [insert amount in words] 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 [insert amount in figures]
( ) [insert 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 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 [insert number] at [insert
name and address of Applicant’s bank]..

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 219

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 [insert day] day of [insert month], 2 [insert year],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 date twenty-eight days after the expected completion date as described in GCC Sub-Clause
57.1.. The Employer should note that in the event of an extension of the expected completion date, 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.”