SPDISDEPCSEASHJanuary2021
SPDISDEPCSEASHJanuary2021
DOCUMENT
January 2021
i
This document may be used and reproduced for non-commercial purposes only. Any commercial
use, including without limitation reselling, charging to access, redistribute, or for derivative
works such as unofficial translations based on this document is not allowed.
ii
Revisions
January 2021
This version includes provisions to reflect the Bank’s disqualification of contractors for non-
compliance with SEA/SH obligations. For contracts under Projects assessed as high risk for
Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH), the Bank’s
disqualification mechanism will be included in the request for proposals.
iii
Foreword
This Standard Procurement Document (SPD) has been prepared by the World Bank for Initial
Selection of Applicants for the Request for Proposals (RFP) for procurement of Works (Engineer
Procure Construct/Turnkey) in Projects that are financed, in whole or in part, by the World Bank.
The Initial Selection Document (ISD) shall be used by the Borrower with minimum changes as
may be necessary, and acceptable to the Bank, when an Initial Selection process takes place.
iv
Preface
This SPD reflects the World Bank’s Procurement Regulations for IPF Borrowers, July, 2016 as
amended from time to time. This SPD is applicable to the procurement of Works (Engineer
Procure Construct/Turnkey) funded by IBRD or IDA-financed projects whose Legal Agreement
makes reference to the Procurement Regulations for IPF Borrowers.
This SPD includes provisions to reflect the Bank’s disqualification of contractors for non-
compliance with SEA/SH obligations. For contracts under Projects assessed as high risk for
Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH), the Bank’s
disqualification mechanism will be included in the request for proposals.
It is important that, as part of procurement planning, the Employer weighs in the potential
benefits, limitations, risks and attributes of Engineer Procure Construct/Turnkey approach and
make an informed decision as to whether the use of Engineer Procure Construct/Turnkey will
benefit the subject contract. Due attention should be given to the efficiency and capacity of the
Employer’s procurement and contract administration arrangements, the potential response of the
market, estimated total time required for the Employer to carry out the procurement process, as
well as the Employer’s existing technical capability and any professional assistance required.
Some of the benefits of EPC/Turnkey approach include: (i) certainty about a project’s final costs
and time for execution: brings greater certainty than is allowed under contracts that reflect the
traditional allocation of risks; (ii) lesser supervision and gain from innovations by the private
sector; (iii) reduced lead time: time needed for preparation of detailed engineering design is
saved; (iv) single point of responsibility: the Contractor takes total responsibility for the design
and execution of building or engineering works. The Contractor has greater flexibility in the
selection of design and other subcontractors, and can take advantage of procurement packaging,
bulk discounts, and value engineering opportunities.
Some of the limitations compared to Employer’s detailed design include: (i) the Employer need
to be able to evaluate objectively and properly the turnkey solutions (sometimes widely varying
solutions) that are being proposed; (ii) higher upfront cost (due to risk premium) and need to
issue change orders if design or scope is to be modified; (iii) lesser number of proposers, as cost
of proposal preparation in EPC packages is generally higher (proposers may need to conduct
extra due diligence to identify risks, as well as efforts involved in preparation of preliminary
drawings) in comparison to that for admeasurement type packages, and due to proposer’s
capacity to take and manage the risks, (iv) the contractor has the incentive to complete the
contract faster and make it less costly which may result in reduced quality of materials and
workmanship; and (v) risk of default by the Contractor due mainly to low profit margins and
weak project controls.
To obtain further information on procurement under World Bank financed projects or for
questions regarding the use of this SPD, contact:
Chief Procurement Officer
Standards, Procurement and Financial Management Department
The World Bank
1818 H Street, N.W.
Washington, D.C. 20433 U.S.A.
v
http://www.worldbank.org/
vii
This Section includes provisions that are specific to each contract and supplement
Section I, Instructions to Applicants.
This Section includes the Application Submission Letter and other forms required to
be submitted with the Application.
This Section provides the Applicants with the reference to the Bank’s policy in
regard to Fraud and Corruption applicable to the Initial Selection process.
3
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. Initial Selection Document (in Read Only form) should to be posted on the Employer’s web page, if
available, for inspection by prospective Applicants.
Invitation for
Initial Selection
Works
(Engineer Procure Construct/Turnkey)
Procurement of:
[insert identification of the Works – EPC/Turnkey]
(This Initial Selection Document is for use with a Request for Proposals process)
Standard Procurement Document
Table of Contents
A.General
1. Scope of 1.1 In connection with the invitation for Initial Selection
Application indicated in Section II, Initial Selection Data Sheet (ISDS),
the Employer, as defined in the ISDS, issues this Initial
Selection Document (“Initial Selection Document”) to
prospective applicants (“Applicants”) interested in submitting
applications (“Applications”) for Initial Selection to submit
Proposals for the execution of the Works on EPC/Turnkey
basis described in Section VII, Scope of Employer’s
Requirements. In case proposals for the Works EPC/Turnkey
are to be invited as individual contracts (i.e., the slice and
package procedure), these are listed in the ISDS. The
Request for Proposals (RFP) number corresponding to this
Initial Selection is also provided in the ISDS.
2. Source of Funds 2.1 The Borrower or Recipient (hereinafter called “Borrower”)
indicated in the ISDS has applied for or received 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 ISDS, towards the cost of the
project named in the ISDS. The Borrower intends to apply a
portion of the funds to eligible payments under the contract(s)
resulting from the Request for Proposals (RFP) process for
which this Initial Selection is conducted.
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 (or credit)
account for the purpose of any payment to persons or entities,
or for any import of goods, equipment, plant or materials, or
services if such payment or import, to the knowledge of the
Bank, 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 credit).
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
Section I – Instructions to Applicants (ITA) 5
C. Preparation of Applications
9. Cost of 9.1 The Applicant shall bear all costs associated with the preparation
Applications and submission of its Application. The Employer will in no
Section I – Instructions to Applicants (ITA) 10
D. Submission of Applications
16. Sealing and 16.1 The Applicant shall enclose the original and the copies of the
Marking of Application in a sealed envelope that shall:
Applications
(a) bear the name and address of the Applicant;
(b) be addressed to the Employer, in accordance with ITA
17.1; and
(c) bear the specific identification of this Initial Selection
process indicated in the ISDS 1.1.
16.2 The Employer will accept no responsibility for not processing
any envelope that was not identified as required in ITA 16.1
above.
17. Deadline for 17.1 Applicants may either submit their Applications by mail or by
Submission of hand. Applications shall be received by the Employer at the
Applications address and no later than the deadline indicated in the ISDS.
When so specified in the ISDS, Applicants have the option of
Section I – Instructions to Applicants (ITA) 12
shall be in writing.
21.2 If an Applicant does not provide clarifications and/or
documents requested by the date and time set in the
Employer’s request for clarification, its Application shall be
evaluated based on the information and documents available at
the time of evaluation of the Application.
22. Responsiveness of 22.1 The Employer may reject any Application which is not
Applications responsive to the requirements of the Initial Selection
Document. In case the information furnished by the Applicant
is incomplete or otherwise requires clarification as per ITA
21.1, and the Applicant fails to provide satisfactory
clarification and/or missing information, it may result in
disqualification of the Applicant.
23. Margin of 23.1 Unless otherwise specified in the ISDS, a margin of
Preference preference for domestic Proposers4 shall not apply in the RFP
process resulting from this Initial Selection.
24. Subcontractors 24.1 Unless otherwise stated in the ISDS, the Employer does not
intend to execute any specific elements of the Works
EPC/Turnkey by sub-contractors selected in advance by the
Employer (so-called “Nominated Subcontractors”).
24.2 The Applicant shall not propose to subcontract the whole of
the contract. The Applicant may propose subcontractors for
certain specialized parts of the works, except the parts of the
works for which subcontracting is not permitted as stated in
the ISDS. Applicants planning to use such specialized
subcontractors shall specify, in the Application Submission
Letter, the parts of the Works proposed to be subcontracted
along with details of the proposed subcontractors including
their qualification and experience.
24.3 The Applicant shall not propose to subcontract works with a
total accumulated value greater than the percentage stated in
the ISDS.
4
An individual firm is considered a domestic Proposer 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 Proposers and eligible for domestic preference only if the individual member firms are registered in
the country of the Employer, 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 Applicants (ITA) 14
N2 x V2 + N3 x V3 +---.
25.5 Only the qualifications of the Applicant shall be considered.
The qualifications of other firms, including the Applicant’s
subsidiaries, parent entities, affiliates, subcontractors (other
than specialized subcontractors in accordance with ITA 25.2
above) or any other firm(s) different from the Applicant shall
not be considered.
26. Employer’s Right 26.1 The Employer reserves the right to accept or reject any
to Accept or Application, and to annul the Initial Selection process and
Reject reject all Applications at any time, without thereby incurring
Applications any liability to the Applicants.
27. Initial Selection 27.1 The range of Applicants that the Employer may Initially
of Applicants Select (x = minimum number, y = maximum number) is
specified in the ISDS.
27.2 Initial Selection of Applicants involves several steps, as
follows:
(a) Step 1 - Table 1 Evaluation: The first step of Initial
Selection involves evaluation against the methods,
criteria and requirements described in Section III,
Table 1: Qualification Criteria and Requirements;
(b) Step 2 - Rejection: Applicants that do not
substantially meet the qualification criteria and
requirements in Table 1: Qualification Criteria and
Requirements will not be evaluated further, and will be
eliminated from the Initial Selection process;
(c) Step 3 - Long List: Applicants that substantially meet
the qualification criteria and requirements in Table 1:
Qualification Criteria and Requirements will be long
listed, and evaluated further;
(d) Step 4 - Depending on the number of Applicants that
are long listed, one of the following options will apply:
Option 1: All are Initially Selected: Where the
number of long listed Applicants is ≤ x, all long-listed
Applicants are Initially Selected. In this scenario, there
is no requirement to evaluate these long-listed
Applicants against Table 2: Rated Criteria and
Requirements;
Option 2: Applicants are evaluated using Table 2
Evaluation: Where the number of long listed
Applicants is ˃ x, the Employer shall evaluate all long-
Section I – Instructions to Applicants (ITA) 18
ITA 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 to be provided in the RFP]
Loan or Financing Agreement amount: [insert US$ equivalent]
____________________________
The name of the Project is: [insert name of Project]
ITA 4.2 Maximum number of members in the JV shall be: [insert a number or insert “not
limited”]
ITA 4.8 A list of debarred firms and individuals is available on the Bank’s external website:
http://www.worldbank.org/debarr.
ITA 7.1 & 8.2Web page: [In case used, identify the widely used website or electronic portal of
free access where Initial Selection information is published]
Section II – Initial Selection Data Sheet (ISDS) 22
C. Preparation of Applications
ITA 10.1 This Initial Selection document has been issued in the [Insert “English” or
“French” or “Spanish”] language.
Note: In addition to one of the above languages, and if agreed with the Bank, the
Borrower has the option to issue translated versions of the Initial Selection
document in another language which should either be: (a) the national
language of the Borrower; or (b) the language used nation-wide in the
Borrower’s country for commercial transactions. In such case, the following
text shall be added:
“In addition, the Initial Selection 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].
Applicants shall have the option to submit their Initial Selection Application in any
one of the languages stated above. Applicants shall not submit Applications in
more than one language.]”
All correspondence exchange shall be in ____________ language.
The Application as well as all correspondence shall be submitted in
_____________________. [Insert the language of the Initial Selection
document in case of one language]
Note: If the Initial Selection document is issued in more than one language, the
following text shall be inserted above: “in one of the above languages”]
Language for translation of supporting documents and printed literature is
_______________________. [Specify one language]
ITA 11.1 (d) The Applicant shall submit with its Application, the following additional documents:
[insert list of additional documents]
ITA 14.2 The source for determining exchange rates is [insert a publicly available source]
ITA 15.2 In addition to the original, the number of copies to be submitted with the Application
is: [insert number of copies]
D. Submission of Applications
ITA 17.1 The deadline for Application submission is:
Date: [insert date]
Section II – Initial Selection Data Sheet (ISDS) 23
ITA 19.1 The opening of the Applications shall be at [Insert date, time and address]
ITA 19.2 The following provision should be included and the required corresponding
information inserted only if Applicants have the option of submitting their
Applications electronically. Otherwise omit.]
Section II – Initial Selection Data Sheet (ISDS) 24
ITA 24.1 At this time the Employer [insert “intends” or “does not intend”] to execute certain
specific parts of the Works EPC/Turnkey by sub-contractors selected in
advance.
If the above states “intends” list the specific parts of the contract and the respective
sub-contractors]
ITA 24.2 [Indicate N/A if there are no parts of the Works EPC/Turnkey for which
subcontracting is not permitted]
The parts of the Works EPC/Turnkey for which the Employer does not permit
Applicants to propose Subcontractors are designated as follows:
a. _______________
b. _______________
c. _______________
ITA 24.3 Maximum percentage of subcontracting proposed to be permitted for the Works
EPC/Turnkey that are the subject of this Initial Selection shall not exceed
[insert %] of the total contract amount.
The Employer, may, at its sole discretion, Initially Select more than the minimum
number of long listed Applications. The maximum number that may be
Initially Selected is [write number in text (insert numerical number)]. This
number is referred to as y.
[Select numbers for x and y based on the results of the market analysis and other
findings in the PPSD. However, for Competitive Dialogue selection method x is
normally not less than three (3) Applications and y is not exceeding six (6)
Applications.]
ITA 31.1 The procedures for making a Procurement-related Complaint are detailed in
the “Procurement Regulations for IPF Borrowers (Annex III).” If an
Applicant wishes to make a Procurement-related Complaint, the Applicant
shall submit its complaint following these procedures, in writing (by the
quickest means available, that is either 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, at this stage, a Procurement-related Complaint may challenge
any of the following:
1. the terms of the Initial Selection Document; and
2. the Employer’s decision not to initially select an Applicant.
Section III – Initial Selection Criteria and Requirements 26
Contents
Table 1 – Qualification Criteria and Requirements.................25
1. Eligibility.................................................................................................................25
2. Historical Contract Non-Performance.....................................................................26
3. Financial Situation and Performance......................................................................29
4. Experience...............................................................................................................31
Table 2 – Rated Criteria and Requirements...........................34
1. Past Performance.....................................................................................................34
2. Contract/Project Management Capability...............................................................35
3. Employer’s Requirements.......................................................................................36
4. Sustainable Procurement.........................................................................................37
Section III – Initial Selection Criteria and Requirements 27
1. Eligibility
Criteria Single Entity Joint Venture Requirements Documentation
Requirements
All Members Each One Submission
No. Subject Requirement
Combined Member Member Requirements
1.1 Nationality Nationality in accordance with ITA Forms ELI – 1.1
Must meet Must meet Must meet
4.5 N/A and 1.2, with
requirement requirement requirement
attachments
1.2 Conflict of No conflicts of interest in accordance Must meet Must meet Must meet Application
N/A
Interest with ITA 4.6 requirement requirement requirement Submission Letter
1.3 Bank Eligibility Not having been declared ineligible Application
Must meet Must meet Must meet
by the Bank, as described in ITA 4.7 N/A Submission Letter
requirement requirement requirement
and 5.1
1.4 State-owned Meets conditions of ITA 4.9 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 result
resolution or of prohibition in the Borrower’s
Borrower’s country laws or official regulations
country law against commercial relations with Forms ELI – 1.1
Must meet Must meet Must meet
the Applicant’s country, or by an act N/A and 1.2, with
requirement requirement requirement
of compliance with UN Security attachments
Council resolution, both in
accordance with ITA 5.1 and
Section V.
Section III – Initial Selection Criteria and Requirements 28
5
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 applicant have
been exhausted.
6
This requirement also applies to contracts executed by the Applicant as JV member.
Section III – Initial Selection Criteria and Requirements 29
3.1 Financial (i) The Applicant shall demonstrate Must meet Must meet N/A N/A Form FIN – 3.1,
Capabilities that it has access to, or has requirement requirement with attachments
available, liquid assets,
unencumbered real assets, lines
of credit, and other financial
means (independent of any
contractual advance payment)
sufficient to meet the cash flow
requirements estimated as USD $
[insert amount in US$] for the
subject contract(s) net of the
Applicants other commitments.
[In case the contracts are to be
procured as individual contracts
under a slice and package
(multiple contracts) state the
cash flow requirement to qualify
for individual and multiple
contracts.]
Must meet Must meet N/A N/A
(ii) The Applicant shall also requirement requirement
demonstrate, to the satisfaction of
the Employer, that it has
adequate sources of finance to
meet the cash flow requirements
on contracts currently in progress
and for future contract
commitments.
Section III – Initial Selection Criteria and Requirements 32
(iii) The audited balance sheets or, if Must meet N/A Must meet N/A
not required by the laws of the requirement requirement
Applicant’s country, other
financial statements acceptable to
the Employer, for the last [insert
number] years shall be submitted
and must demonstrate the current
soundness of the Applicant’s
financial position and indicate its
prospective long-term
profitability.
3.2 Average Minimum average annual Must meet Must meet Must meet Must meet Form FIN – 3.2
Annual construction turnover of US$ [insert requirement requirement [insert [insert
Turnover amount in US$ equivalent in words number] %, number] %,
and figures], calculated as total [insert [insert
certified payments received for percentage percentage
contracts in progress and/or in words] of in words] of
completed within the last [insert the the
number] years, divided by [insert requirement requirement
number of years in words] years. [In
case the contracts are to be procured
as individual contracts under a slice
and package (multiple contracts)
state the average annual turnover
requirement to qualify for individual
and multiple contracts.]
Section III – Initial Selection Criteria and Requirements 33
4. Experience
9
Substantial completion shall be based on 80% or more of the contract completed.
10
For contracts under which the Applicant participated as a joint venture member or sub-contractor, only the Applicant’s role and responsibilities shall be considered to meet this
requirement.
Section III – Initial Selection Criteria and Requirements 34
11
The minimum experience requirement for multiple contracts will be the sum of the minimum requirements for respective individual contracts, unless specified otherwise.
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 a member contributing to meeting the requirement 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 members, each of value equal or more than the minimum
value required, shall be aggregated.
Section III – Initial Selection Criteria and Requirements 35
1. Past Performance
Scoring Documentation
Maximum Submission
Requirement Remark
score Requirement
Scoring methodology:
Number of contracts
[>=
[Number of satisfactorily and [x+3 [x+2 [x+1 [x
x+4 contracts] contracts] contracts] contracts]
substantially completed similar contracts]
contracts.]
[Contract/project management capability demonstrated in the following key areas: [select a In case of JV, Table 2-PM
[Note to Employer: consider putting a page limit on each of the responses] maximum the capability
score (out of of the lead
1. Description of project management system/s and how they will be applied (including 100) between member will
status of accreditation with recognized international standards applicable to the 20 and 30] be evaluated
industry)
2. Environmental and Social management practice, and
3. Use of value Engineering, innovation and continuous improvement.]
Scoring methodology:
3. Employer’s Requirements
Criteria Scoring Documentation
Maximum Submission
Requirement Remark
score Requirement
[Note to Employer: consider putting a page limit on responses for 1 and 3 and requiring a [select a Table 2-ER
chart for 2] maximum
[Understanding of the Employer’s Requirements through an outline of the following: score (out of
100) between
1. Approach to the contract (including meeting Environmental and Social (ES) 20 and 30]
requirements)
2. Program of the main design and works activities, timeline and completion schedule
3. Key impacts and risks (including those of an ES nature).]
Scoring methodology:
4. Sustainable Procurement
Criteria Scoring Documentation
Maximum Submission
Requirement Remark
score Requirement
[Sustainable procurement (to be specified by the Employer) practices demonstrated in the [select a In case of JV, at Table 2-SP
following key areas: maximum least one
score (out of member will be
1. Sustainable procurement practice, and evaluated.
2. Track record of delivering sustainable procurement outcomes. 100) between
0 and 20]
Scoring methodology:
We, the undersigned, apply to be initially selected for the referenced Request for Proposal (RFP) and
declare that:
(a) No reservations: We have examined and have no reservations to the Initial Selection
Document, including Addendum(s) No(s). issued in accordance with ITA 8: [insert the
number and issuing date of each addendum].
(b) No conflict of interest: We have no conflict of interest in accordance with ITA 4.6;
(c) Eligibility: We (and our subcontractors) meet the eligibility requirements as stated in ITA 4,
we have not been suspended by the Employer based on execution of a Bid-Securing
Declaration or Proposal-Securing Declaration in accordance with ITA 4.10;
(d) 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;
(e) Sexual 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.]
(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.]
Section IV – Application Forms
(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.]
(f) 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 ITA 4.9];
(g) Subcontractors and Specialized Subcontractors: We, in accordance with ITA 24.2
and 25.2, plan to subcontract the following parts of the contract:
[Insert any part of the contract which the Applicant intends to subcontract along with
complete details of the Specialized Subcontractors, their qualification and experience]
(h) Commissions, gratuities, fees: We declare that the following commissions, gratuities,
or fees have been paid or are to be paid with respect to the Initial Selection process, the
corresponding RFP process or execution of the Contract:
[insert full name for [insert street/ [indicate reason] [specify amount
each occurrence] number/city/country] currency, value,
exchange rate and
US$ equivalent]
________________ ________________ _______________ ________________
________________ ________________ _ ________________
________________ ________________ _______________ ________________
________________ ________________ _ ________________
_______________
_
_______________
_
[If no payments are made or promised, add the following statement: “No commissions or
gratuities have been or are to be paid by us to agents or any third party relating to this
Application]
(h) Not bound to accept: We understand that you may cancel the Initial Selection process at
any time and that you are neither bound to accept any Application that you may receive
nor to invite the initially selected Applicants to submit Proposal for the contract subject
of this Initial selection process, without incurring any liability to the Applicants, in
accordance with ITA 26.1.
(i) True and correct: All information, statements and description contained in the Application
are in all respect true, correct and complete to the best of our knowledge and belief.
________________________________________________________________________
Section IV – Application Forms
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Applicant’s Name [insert full name of Applicant or the name of the JV]
________________________________________________________________________
________________________________________________________________________
[For a joint venture, either all members shall sign or only the authorized representative, in
which case the power of attorney to sign on behalf of all members shall be attached]
Section IV – Application Forms
Applicant's name
[insert full name]
In case of Joint Venture (JV), name of each member:
[insert full name of each member in JV]
Applicant's actual or intended country of registration:
[indicate country of Constitution]
Applicant's actual or intended year of incorporation:
[indicate year of Constitution]
Applicant's legal address [in country of registration]:
[insert street/ number/ town or city/ country]
Applicant's authorized representative information
Name: [insert full name]
Address: [insert street/ number/ town or city/ country]
Telephone/Fax numbers: [insert telephone/fax numbers, including country and city codes]
E-mail address: [indicate 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 ITA 4.5.
In case of JV, letter of intent to form JV or JV agreement, in accordance with ITA 4.2.
In case of state-owned enterprise or institution, in accordance with ITA 4.9 documents
establishing:
Legal and financial autonomy
Operation under commercial law
Establishing that the Applicant is not under supervision of the Employer
2. Included are the organizational chart, a list of Board of Directors, and the beneficial
ownership.
Section IV – Application Forms
Applicant name:
[insert full name]
Applicant's JV Member’s name:
[insert full name of Applicant's JV Member]
Applicant's JV Member’s country of registration:
[indicate country of registration]
Applicant JV Member’s year of constitution:
[indicate year of constitution]
Applicant JV Member’s legal address in country of constitution:
[insert street/ number/ town or city/ country]
Applicant JV Member’s authorized representative information
Name: [insert full name]
Address: [insert street/ number/ town or city/ country]
Telephone/Fax numbers: [insert telephone/fax numbers, including country and city codes]
E-mail address: [indicate 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 ITA 4.5.
In case of a state-owned enterprise or institution, documents establishing legal and financial
autonomy, operation in accordance with commercial law, and they are not under the supervision of
the Employer, in accordance with ITA 4.9.
2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
Section IV – Application Forms
Form CON – 2
Historical Contract Non-Performance, Pending Litigation
and Litigation History
[The following table shall be filled in for the Applicant and for each member of a Joint Venture]
Non-Performed Contracts in accordance with Section III, Table 1 Qualification Criteria, and
Requirements
Contract non-performance did not occur since 1st January [insert year] specified in Section III, –
Table 1 Qualification Criteria, and Requirements, Sub-Factor 2.1.
Contract(s) not performed since 1st January [insert year] specified in Section III, – Table 1
Qualification Criteria, and Requirements, Sub-Factor 2.1.
Year Non- Contract Identification Total Contract
performed Amount (current
portion of value, currency,
contract exchange rate
and US$
equivalent)
[insert [insert amount Contract Identification: [indicate complete contract [insert amount]
year] and name/ number, and any other identification]
percentage] 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, Table 1 Qualification Criteria, and Requirements
No pending litigation in accordance with Section III, Table 1 Qualification Criteria, and
Requirements, Sub-Factor 2.3.
Pending litigation in accordance with Section III, Table 1 Qualification Criteria, and
Requirements, Sub-Factor 2.3 as indicated below.
Section IV – Application Forms
Form CON – 3
ES Performance Declaration
[The following table shall be filled in for the Applicant, each member of a Joint Venture and each
Specialized Subcontractor]
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, [insert amount]
year] and 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. gender-based violence; sexual exploitation or sexual
abuse breaches]
Section IV – Application Forms
Form CON – 4
Sexual Exploitation and Abuse (SEA) and/or Sexual
Harassment Performance Declaration
[The following table shall be filled in by the Applicant, each member of a Joint Venture and each
subcontractor proposed by the Applicant]
Applicant’s Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Member’s or Subcontractor’s Name: [insert full name]
ISD No. and title: [insert ISD number and title]
Page [insert page number] of [insert total number] pages
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 previously provided for 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: _____________________________________________________
Section IV – Application Forms
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 – Application Forms
2. Sources of Finance
[The following table shall be filled in for the Applicant and all parties combined in case of a
Joint Venture]
Specify sources of finance to meet the cash flow requirements on contracts currently in
progress and for future contract commitments.
3. Financial documents
The Applicant and its parties shall provide copies of financial statements for [number] years
pursuant Section III, Table 1 – Qualification Criteria, and Requirements Sub-factor 3.1. The
financial statements shall:
(a) reflect the financial situation of the Applicant or in case of JV member, and not an
affiliated entity (such as parent company or group member).
Attached are copies of financial statements13 for the [number] years required above; and
complying with the requirements
13
If the most recent set of financial statements is for a period earlier than 12 months from the date of
Application, the reason for this should be justified.
Section IV – Application Forms
Average Annual
Construction
Turnover **
[Identify contracts that demonstrate continuous construction work over the past [number]
years pursuant to Section III, Table 1 Qualification Criteria and Requirements, Sub-Factor 4.1.
List contracts chronologically, according to their commencement (starting) dates.]
[The following table shall be filled in for contracts performed by the Applicant, each
member of a Joint Venture, and Specialized Sub-contractors]
Total Contract Amount [insert total contract amount US$ [insert Exchange rate
in local currency] and total contract amount
in US$ equivalent] *
Information
Similar Contract No.
[insert number] of [insert
number of similar contracts
required]
Methods/Technology [insert specific aspects of the methods/technology
involved in the contract]
Other Characteristics [insert other characteristics as described in Section VII,
Scope of Employer’s Requirements]
Employer's Name: [insert full name]
Address: [indicate street / number / town or city / country]
[The following table shall be filled in for contracts performed by the Applicant, and
each member of a Joint Venture]
Table 2-PM
Contract / Project Management Capability
Section IV – Application Forms
Table 2-ER
Understanding of the Employer’s Requirements
Section IV – Application Forms
Table 2-SP
Sustainable Procurement
Section V – Eligible Countries
In reference to ITA 5.1, for the information of the Applicants, at the present time firms and
individuals, supply of goods, or contracting of works or services, from the following countries are
excluded from this Initial Selection process:
Under ITA 5.1 (a) [insert a list of the countries following approval by the Bank to apply the
restriction or state “none”]
Under ITA 5.1 (b) [list the countries or state “none”]
Section VI – Fraud and Corruption
1. Purpose
1.1 The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement
under Bank Investment Project Financing operations.
2. Requirements
2.1 The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders
(applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-
consultants, service providers or suppliers; any agents (whether declared or not); and any of
their personnel, observe the highest standard of ethics during the procurement process,
selection and contract execution of Bank-financed contracts, and refrain from Fraud and
Corruption.
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 a firm or
individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed
contract, financially or in any other manner; 14 (ii) to be a nominated15 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 request for bid/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 16 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.
14
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.
15
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.
16
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 Employer’s Requirements
2. Implementation Period
Section VII – Scope of Employer’s Requirements