i

Request for Bids

Works (International Bidding)
(Two-envelope Bidding Process, Without Prequalification)

Employer: Bangladesh Water Development Board (BWDB)

Project: Jamuna River Sustainable Management Project -1 (P172499): Riverbank Protection and
Riverbank Training (Component 1)
Contract title: Construction of Permeable/Top Blocked Permeable Groin (4 Nos. with 2 rows each and 1
No. with 3 rows) with Riverbank Protective Work 5 no. Top-Blocked Permeable Groins in
series including Riverbank Protection on the R/B of the Jamuna at Fulchari
Country: Bangladesh
Loan No. /Credit No. / Grant No.: IDA Cr. 7411-BD
RFB No.: JARSMP-WDB-NZ-GAIB-WD-01
Issued on: April 22, 2025
1. The Peoples’ Republic of Bangladesh (the “Borrower”) has received financing from the World Bank
toward the cost of the Jamuna River Sustainable Management Project-1 and intends to apply part of the
proceeds toward payments under the contract for “Construction of five Permeable/Top Blocked
Permeable Groin (4 Nos. with 2 rows each and 1 No. with 3 rows) in series with Riverbank Protective
Work on the R/B of the Jamuna at Fulchari”. 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 Bangladesh Water Development Board now invites sealed Bids from eligible Bidders for protection
of 2.43 km riverbank of Jamuna River at Uria Mouza, Uria Union, Fulchari Upazila (right bank of
Jamuna River), Gaibandha district, Bangladesh. The riverbank protection works include (i) construction
of 5 no. permeable/Top Blocked Permeable groins (4 no. with 2 rows each and 1 no. with 3 rows), (ii)
beam and deck over the groins, (iii) shore protection with CC blocks and geo-textile filters & brick chips,
(iv) riverbed protection with geo-bags and, (v) earthen tie embankment works. The completion time is
24 months of which underwater works shall be carried out between December-March (which is dry
season and water level goes to the lowest point).
3. Bidding will be conducted through international competitive procurement using Request for Bids (RFB)
as specified in the World Bank’s “Procurement Regulations for IPF Borrowers- Procurement in
Investment Projects Financing” September 2023 (“Procurement Regulations”), and is open to all
eligible Bidders as defined in the Procurement Regulations.
4. Interested eligible Bidders may obtain further information from the office of the Project Director and
inspect the Bidding document during office hours from 10:00 am to 04:00 pm (Bangladesh Standard
Time – GMT+6:00) at the address given below. A read-only copy of the bidding document will also
be available for downloading by prospective bidders on the website of the Employer www.bwdb.gov.bd.
5. The Bidding document in English may be purchased by interested eligible Bidders upon the submission
of a written application to the address below and upon payment of a nonrefundable fee in the currency
of USD or BDT as mentioned below. The method of payment will be electronic wire transfer to the bank
account of the Employer (given below) or Pay Order (from any scheduled commercial bank in
Bangladesh). The document fee and delivery terms are as follows:
(a) Nonrefundable fee: USD 100 (one hundred) or equivalent BDT 12,000 (twelve thousand),
delivery of Bidding Document by hand from the office of the Project Director;
(b) Nonrefundable fee: USD 150 (one hundred fifty) or equivalent BDT 18,000 (eighteen thousand),
delivery of Bidding Document through courier service within Bangladesh from the office of the
Project Director; or
 ii

(c) Nonrefundable fee: USD 250 (two hundred fifty) or equivalent BDT 30,000 (thirty thousand),
delivery of Bidding Document through airmail outside Bangladesh from the office of the Project
Director.
(d) Within 3 working days of receipt of the required fee in the Employer’s bank account, the
Employer will dispatch the bidding documents through courier service and send a copy of the
courier service order receipt through reply email to the bidder's email address, which the bidder
may use to track the delivery. The Employer shall not be responsible in case of late or incorrect
delivery by the courier service company.
6. Pre-Bid meeting will be held on May 13, 2025 at 11:00 am (Bangladesh Standard Time) at Room No:
406, Level-4, 72 Green Road, Pani Bhaban, BWDB, Dhaka.
7. Bid Document last selling date on or before 16.00 hours (GMT+6) of June 23, 2025. Bids must be
delivered to the address below, on or before 02:30 pm (Bangladesh Standard Time), June 26, 2025.
Electronic bidding 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
Room No: 406, Level-4, 72 Green Road, Pani Bhaban, BWDB, Dhaka at 03:00 pm (Bangladesh
Standard Time) on June 26, 2025. All envelopes marked “FINANCIAL PART” shall remain unopened
and will be held in safe custody of the Employer until the second public Bid opening.
8. All Bids must be accompanied by a Bid Security of USD 300,000.00 (Three hundred thousand) or BDT
36,000,000.00 (Thirty-six million) in favor of the Project Director, JRSMP-1 (C1) Project.
9. All Bids must be accompanied by a Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment
(SH) Declaration. 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.

10. Bank account details of the Employer for wire transfer purpose only:
A/c title: JRSMP-1 Riverbank Protection and Riverbank Training
A/c number: 0100261867979
Bank name: Janata Bank PLC.
Brach name: Green Road Corporate Branch
Swift code: JANBBDDHJBD
Routing No: 135261693
Address of the bank branch: 72, Green Road, Dhaka-1205, Bangladesh
11. The addresses referred to above are:

(T. M. Rashidul Kabir)

Project Director
Jamuna River Sustainable Management Project-1:
Riverbank Protection and Riverbank Training (Component-1).
Bangladesh Water Development Board
Pani Bhaban, Level - 4, Block H, Room No.417
72 Green Road, Dhaka-1205, Bangladesh.
Tel: +8802-222230222,
Mob: 01711157254
E-mail: pd.jrsmpwdb@gmail.com
Web: www.bwdb.gov.bd
 Request for Bids
Works

Procurement of:
Civil Works for Construction of Groin and Riverbank
Protection of Jamuna River at Fulchari Upazila under
Gaibandha District, Bangladesh
Employer: Bangladesh Water Development Board (BWDB)
Project: Jamuna River Sustainable Management Project -1 (P172499): Riverbank Protection and
Riverbank Training (Component 1)
Contract title: Construction of Permeable/Top Blocked Permeable Groin (4 Nos. with 2 rows
each and 1 No. with 3 rows) with Riverbank Protective Work 5 no. Top-Blocked Permeable Groins
in series including Riverbank Protection on the R/B of the Jamuna at Fulchari
Country: Bangladesh
Loan No. /Credit No. / Grant No.: IDA Cr. 7411-BD
RFB No.: JARSMP-WDB-NZ-GAIB-WD-01
Issued on: April 22, 2025
 1

Standard Procurement Document

Table of Contents

PART 1 – Bidding Procedures ................................................................................................2

Section I - Instructions to Bidders .................................................................................6
Section II - Bid Data Sheet (BDS) ...............................................................................37
Section III - Evaluation and Qualification Criteria (Without Prequalification) ..........47
Section IV - Bidding Forms .........................................................................................63
Section V - Eligible Countries ...................................................................................150
Section VI - Fraud and Corruption ............................................................................151
PART 2 –Works’ Requirements .........................................................................................153
Section VII - Works’ Requirements ..........................................................................155
PART 3 – Conditions of Contract and Contract Forms ..................................................187
Section VIII - General Conditions (GC) ....................................................................188
Section IX - Particular Conditions .............................................................................189
Section X - Contract Forms .......................................................................................245
PART 1 – Bidding Procedures) 2

PART 1 – Bidding Procedures

Section I – Instructions to Bidders (ITB) 3

Section I - Instructions to Bidders

Contents
A. General ..........................................................................................................................6
1. Scope of Bid .......................................................................................................6
2. Source of Funds .................................................................................................7
3. Fraud and Corruption .........................................................................................7
4. Eligible Bidders .................................................................................................7
5. Eligible Materials, Equipment, and Services ...................................................10
B. Contents of Bidding Document .................................................................................10
6. Sections of Bidding Document ........................................................................11
7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting ....................11
8. Amendment of Bidding Document ..................................................................13
C. Preparation of Bids ....................................................................................................13
9. Cost of Bidding ................................................................................................13
10. Language of Bid ...............................................................................................13
11. Documents Comprising the Bid .......................................................................13
12. Letters of Bid and Schedules ...........................................................................15
13. Alternative Bids ...............................................................................................15
14. Bid Prices and Discounts .................................................................................16
15. Currencies of Bid and Payment .......................................................................17
16. Documents Comprising the Technical Proposal ..............................................17
17. Documents Establishing the Eligibility and Qualifications of the Bidder .......17
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
Section I – Instructions to Bidders (ITB) 4

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
G. Evaluation of Technical Part of Bids .......................................................................26
30. Determination of Responsiveness of Technical Part .......................................27
31. Eligibility and Qualifications of the Bidder .....................................................27
32. Detailed Evaluation of Technical Part .............................................................28
H. Notification of Evaluation of Technical Parts and Public Opening of
Financial Parts ...........................................................................................................28
33. Notification of Evaluation of Technical Parts and Public Opening of Financial
Parts..................................................................................................................28
I. Evaluation of Financial Part of Bids ........................................................................30
34. Adjustments for Non-material Nonconformities .............................................30
35. Correction of Arithmetic Errors .......................................................................30
36. Conversion to Single Currency and Margin of Preference ..............................31
37. Evaluation Process, Financial Parts .................................................................31
38. Abnormally Low Bids......................................................................................32
39. Unbalanced or Front-Loaded Bids ...................................................................32
J. Evaluation of Combined Technical and Financial Parts, Most Advantageous
Bid and Notification of Intention to Award .............................................................33
40. Evaluation of combined Technical and Financial Parts ...................................33
41. Most Advantageous Bid ...................................................................................33
42. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids ............33
43. Standstill Period ...............................................................................................33
44. Notification of Intention to Award ..................................................................33
K. Award of Contract .....................................................................................................34
45. Award Criteria .................................................................................................34
46. Notification of Award ......................................................................................34
47. Debriefing by the Employer.............................................................................35
Section I – Instructions to Bidders (ITB) 5

48. Signing of Contract ..........................................................................................35

49. Performance Security .......................................................................................36
50. Procurement Related Complaint ......................................................................36
Section I – Instructions to Bidders (ITB) 6

Section I - Instructions to Bidders

A. General
1. Scope of Bid 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.

Throughout this bidding document:

the term “in writing” means communicated in written form
(e.g., by mail, e-mail, fax, including, if specified in the BDS,
distributed or received through electronic-procurement system
used by the Employer) with proof of receipt;
if the context so requires, “singular” means “plural’ and vice
versa;
“Day” means calendar day, unless otherwise specified as a
“Business Day.” A “Business Day” is any day that is a
working day of the Borrower. It excludes the Borrower’s
official public holidays;
“ES” means environmental and social (including Sexual
Exploitation and Abuse (SEA), and Sexual Harassment (SH));
“Sexual Exploitation and Abuse” “(SEA)” means the
following:
Sexual Exploitation is defined as any actual or attempted
abuse of position of vulnerability, differential power or trust,
for sexual purposes, including, but not limited to, profiting
monetarily, socially or politically from the sexual exploitation
of another.
Sexual Abuse is defined as the actual or threatened physical
intrusion of a sexual nature, whether by force or under unequal
or coercive conditions;
“Sexual Harassment” “(SH)” is defined as unwelcome sexual
advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature by the Contractor’s
Personnel with other Contractor’s or Employer’s Personnel;
“Contractor’s Personnel” is as defined in Sub-Clause 1.1.17
of the General Conditions; and
Section I – Instructions to Bidders (ITB) 7

“Employer’s Personnel” is as defined in Sub-Clause 1.1.33 of

the General Conditions.
A non-exhaustive list of (i) behaviors which constitute SEA and
(ii) behaviors which constitute SH is attached to the Code of
Conduct form in Section IV.

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

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

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 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.

In further pursuance of this policy, Bidders shall permit and

shall cause their agents (where declared or not), subcontractors,
subconsultants, service providers, suppliers, and personnel, to
permit the Bank to inspect all accounts, records and other
documents relating to any initial selection process,
prequalification process, bid submission, proposal submission,
and contract performance (in the case of award), and to have
them audited by auditors appointed by the Bank.

4. Eligible Bidders A Bidder may be a firm that is a private entity, a state-owned

enterprise or institution subject to ITB 4.6 or any combination
of such entities in the form of a joint venture (JV) under an
Section I – Instructions to Bidders (ITB) 8

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.

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

found to have a conflict of interest shall be disqualified. A
Bidder may be considered to have a conflict of interest for the
purpose of this Bidding process, if the Bidder:
(a) directly or indirectly controls, is controlled by or is under
common control with another Bidder; or
(b) receives or has received any direct or indirect subsidy
from another Bidder; or
(c) has the same legal representative as another Bidder; or
(d) has a relationship with another Bidder, directly or through
common third parties, which puts it in a position to
influence the Bid of another Bidder, or influence the
decisions of the Employer regarding this Bidding process;
or
(e) or any of its affiliates participated as a consultant in the
preparation of the design or technical specifications of the
works that are the subject of the Bid; or
(f) or any of its affiliates has been hired (or is proposed to be
hired) by the Employer or Borrower as Engineer for the
Contract implementation; or
(g) would be providing goods, works, or non-consulting
services resulting from or directly related to consulting
services for the preparation or implementation of the
project specified in the BDS ITB 2.1 that it provided or
were provided by any affiliate that directly or indirectly
controls, is controlled by, or is under common control
with that firm; or
(h) has a close business or family relationship with a
professional staff of the Borrower (or of the project
implementing agency, or of a recipient of a part of the
loan) who: (i) are directly or indirectly involved in the
preparation of the Bidding document or specifications of
Section I – Instructions to Bidders (ITB) 9

the Contract, and/or the Bid evaluation process of such

Contract; or (ii) would be involved in the implementation
or supervision of such Contract unless the conflict
stemming from such relationship has been resolved in a
manner acceptable to the Bank throughout the Bidding
process and execution of the Contract.

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.

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.

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

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

Bidders that are state-owned enterprises or institutions in the

Employer’s Country may be eligible to compete and be awarded
a Contract(s) only if they can establish, in a manner acceptable
to the Bank, that they (i) are legally and financially autonomous
(ii) operate under commercial law, and (iii) are not under
supervision of the Employer.
Section I – Instructions to Bidders (ITB) 10

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.

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.

A Bidder shall provide such documentary evidence of eligibility

satisfactory to the Employer, as the Employer shall reasonably
request.

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.

This bidding is open only to prequalified Bidders unless

specified in the BDS.

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

B. Contents of Bidding Document

Section I – Instructions to Bidders (ITB) 11

6. Sections of Bidding The Bidding document consists of Parts 1, 2, and 3, which

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

The Specific Procurement Notice - Request for Bids (RFB)

issued by the Employer or the Notice of Request for Bids (RFB)
issued by the Employer to the prequalified Bidders are not part
of the Bidding document.

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.

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 A Bidder requiring any clarification of the Bidding document

Bidding Document, shall contact the Employer in writing at the Employer’s address
Site Visit, Pre-Bid specified in the BDS or raise its enquiries during the pre-Bid
Meeting meeting if provided for in accordance with ITB 7.4. The
Employer will respond in writing to any request for
Section I – Instructions to Bidders (ITB) 12

clarification, provided that such a request is received no later

than fourteen (14) days prior to the deadline for submission of
Bids. The Employer shall forward copies of its response to all
Bidders who have acquired the Bidding document in
accordance with ITB 6.3, including a description of the inquiry
but without identifying its source. If so specified in the BDS,
the Employer shall also promptly publish its response at the web
page identified in the BDS. Should the clarification result in
changes to the essential elements of the Bidding document, the
Employer shall amend the Bidding document following the
procedure under ITB 8 and ITB 22.2.

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.

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.

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.

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

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

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

of the questions asked by Bidders, without identifying the
source, and the responses given, together with any responses
prepared after the meeting, will be transmitted promptly to all
Bidders who have acquired the Bidding document in
accordance with ITB 6.3. If so, specified in the BDS, the
Employer shall also promptly publish the Minutes of the pre-
Bid meeting at the web page identified in the BDS. Any
modification to the Bidding document that may become
Section I – Instructions to Bidders (ITB) 13

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

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.

To give Bidders reasonable time in which to take an addendum

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

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

10. Language of Bid 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.
The Bid shall comprise two Parts, namely the Technical Part
11. Documents
and the Financial Part. These two Parts shall be submitted
Comprising the Bid
simultaneously in two separate sealed envelopes (two-
envelope Bidding process). One envelope shall contain only
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.”
Section I – Instructions to Bidders (ITB) 14

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) Qualifications: documentary evidence in accordance with
ITB 17 establishing the Bidder’s eligibility and
qualifications;
(f) Conformity: a technical proposal in accordance with ITB
16;
(g) Sexual Exploitation and Abuse (SEA), and/or Sexual
Harassment (SH) Declaration using the form included in
Section IV, Bidding Forms; and
(h) any other document required in the BDS.
The Financial Part shall contain the following:
(a) Letter of Bid – Financial Part: prepared in accordance
with ITB 12 and ITB 14;
(b) Schedules including priced Bill of Quantities, completed
in accordance with ITB 12 and ITB 14;
(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.
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.
The Bidder shall furnish in the Letter of Bid-Technical Part the
names of three potential DAAB members and attach their
curriculum vitae. The list of potential DAAB members
proposed by the Employer (Contract Data 21.1) and by the
Bidder (Letter of Bid) shall be subject to Bank’s No-objection.
Section I – Instructions to Bidders (ITB) 15

In addition to the requirements under ITB 11.2, Bids submitted

by a JV shall include in the Technical Part 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.
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 The Letter of Bid- Technical Part, Letter of Bid- Financial Part
Schedules and Schedules, including the 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 Unless otherwise specified in the BDS, alternative Bids shall
not be considered.

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.

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.

When specified in the BDS, Bidders are permitted to submit

alternative technical solutions for specified parts of the Works,
and such parts will be identified in the BDS, as will the method
for their evaluating, and described in Section VII, Works’
Requirements.
Section I – Instructions to Bidders (ITB) 16

14. Bid Prices and The prices and discounts (including any price reduction) quoted
Discounts by the Bidder in the Letter of Bid- Financial Part and in the Bill
of Quantities shall conform to the requirements specified
below.

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 into by the Bidder shall be deemed
covered by the rates for other items in the Bill of Quantities and
will not be paid for separately by the Employer. An item not
listed in the priced Bill of Quantities shall be assumed to be not
included in the Bid, and provided that the Bid is determined
substantially responsive notwithstanding this omission, the
average price of the item quoted by substantially responsive
Bidders will be added to the Bid price and the equivalent total
cost of the Bid so determined will be used for price comparison.

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.

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

Unless otherwise specified in the BDS and the Conditions of

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

If so, specified in ITB 1.1, Bids are being invited for individual
lots (contracts) or for any combination of lots (packages).
Bidders wishing to offer discounts for the award of more than
one Contract shall specify in their Bid the price reductions
applicable to each package, or alternatively, to individual
Contracts within the package. Discounts shall be submitted in
accordance with ITB 14.4, provided the Bids for all lots
(contracts) are opened at the same time. However, discounts
on condition of award of more than one contract will not be
used for Bid evaluation purpose.

All duties, taxes, and other levies payable by the Contractor

under the Contract, or for any other cause, as of the date 28 days
Section I – Instructions to Bidders (ITB) 17

prior to the deadline for submission of Bids, shall be included

in the rates and prices and the total Bid Price submitted by the
Bidder.

15. Currencies of Bid The currency (ies) of the Bid and the currency (ies) of payments
and Payment shall be the same and shall be as specified in the BDS.

Bidders may be required by the Employer to justify, to the

Employer’s satisfaction, their local and foreign currency
requirements, and to substantiate that the amounts included in
the unit rates and prices and shown in the Table of Adjustment
Data in the Appendix to Bid are reasonable, in which case a
detailed breakdown of the foreign currency requirements shall
be provided by Bidders.

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

17. Documents 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 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 in Section IV,
Bidding Forms.

If a margin of preference applies as specified in accordance with

ITB 36.2, 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 36.2.

Any change in the structure or formation of a Bidder after being

prequalified and invited to Bid, if applicable, (including, in the
case of a JV, any change in the structure or formation of any
member and also including any change in any specialized
subcontractor whose qualifications were considered to prequalify
the Applicant) shall be subject to the written approval of the
Employer prior to the deadline for submission of Bids. Such
approval shall be denied if (i) a Bidder proposes to associate with
a disqualified Bidder or in case of a disqualified joint venture,
Section I – Instructions to Bidders (ITB) 18

any of its members; (ii) as a consequence of the change, the

Bidder no longer substantially meets the qualification criteria; or
(iii) in the opinion of the Employer, the change may result in a
substantial reduction in competition. Any such change should be
submitted to the Employer not later than fourteen (14) days after
the date of the notice for RFB sent to the prequalified Bidders.

Subcontractors
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.

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.

In case prequalification has not been carried, for the purpose of

assessment of qualifications of the Bidder, subcontractor’s
qualifications shall not be used by the Bidder to qualify for the
Works unless their specialized parts of the Works are
designated by the Employer in the BDS as can be met by
subcontractors referred to hereafter as Specialized
Subcontractors, in which case, the specific experience of the
Specialized Subcontractors proposed by the Bidder, as specified
in Section III-A, Qualification, may be considered in the
assessment of the qualifications of the Bidder. The general
experience and financial resources of the Specialized
Subcontractors shall not be added to those of the Bidder for
purposes of qualification of the Bidder.

In case prequalification has been carried out, subject to ITB

17.4, the Bidder’s Bid shall name the same specialized
subcontractor as submitted in the prequalification application
and approved by the Employer.

18. Period of Validity of Bids shall remain valid until the date specified in the BDS or
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.

In exceptional circumstances, prior to the date of expiration of

the Bid validity, the Employer may request Bidders to extend
Section I – Instructions to Bidders (ITB) 19

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.

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 The Bidder shall furnish as part of the 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.

A Bid-Securing Declaration shall use the form included in

Section IV, Bidding Forms.

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

Security shall be a demand guarantee in any of the following
forms at the Bidder’s option:
(a) an unconditional guarantee issued by a bank or non-bank
financial institution (such as an insurance, bonding, or
surety company);
(b) an irrevocable letter of credit;
(c) a cashier’s or certified check; or
(d) another security specified in the BDS,
from a reputable source from an eligible country. If an
unconditional guarantee is issued by a non-bank financial
institution located outside the Employer’s Country, the issuing
non-bank financial institution shall have a correspondent
financial institution located in the Employer’s Country to make
Section I – Instructions to Bidders (ITB) 20

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.

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.

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 49.

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.

The Bid Security may be forfeited:

(a) if a Bidder withdraws its Bid prior to the expiry date of
the Bid validity specified by the Bidder on the Letter of
Bid, or any extended date provided by the Bidder; or
(b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 48; or
(ii) furnish a Performance Security and if required in the
BDS, the Environmental and Social (ES)
Performance Security in accordance with ITB 49.

The Bid Security or the Bid-Securing Declaration of a JV shall

be in the name of the JV that submits the Bid. If the JV has not
been legally constituted into a legally enforceable JV at the time
of Bidding, the Bid Security or the Bid-Securing Declaration
shall be in the names of all future members as named in the
letter of intent referred to in ITB 4.1 and ITB 11.6.
Section I – Instructions to Bidders (ITB) 21

If a Bid Security is not required in the BDS, pursuant to ITB

19.1, and:
(a) if a Bidder withdraws its Bid prior to the expiry date of the
Bid validity specified by the Bidder on the Letter of Bid or
any extended date provided by the Bidder; or
(b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 48; or
(ii) furnish a Performance Security and, if required in the
BDS, the Environmental and Social (ES) Performance
Security in accordance with ITB 49,
the Borrower may, if provided for in the BDS, declare the
Bidder ineligible to be awarded a contract by the Employer for
a period of time stated in the BDS.

20. Format and Signing The Bidder shall prepare the Bid, in accordance with this
of Bid Instruction, ITB 11 and ITB 21.

Bidders shall mark as “CONFIDENTIAL” all information in

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

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.

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

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

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

if they are signed or initialed by the person signing the Bid.
Section I – Instructions to Bidders (ITB) 22

D. Submission of Bids
21. Sealing and 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.” 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”.

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.
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
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.
Section I – Instructions to Bidders (ITB) 23

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

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

Bids requested to be withdrawn in accordance with ITB 24.1

shall be returned unopened to the Bidders.

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

interval between the deadline for submission of Bids and the
date of expiry of Bid validity specified by the Bidder on the
Letter of Bid or any extended date thereof.
Section I – Instructions to Bidders (ITB) 24

E. Public Opening of Technical Parts of Bids

25. Public Opening of 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 by
Bids the deadline, at the date, time and place specified in the BDS,
in the presence of Bidders` designated representatives and
anyone who chooses to attend. Any specific electronic Bid
opening procedures required if electronic Bidding is permitted
in accordance with ITB 22.1, shall be as specified in the BDS.

First, envelopes marked “WITHDRAWAL” shall be opened and

read out and the envelope with the corresponding Bid shall not
be opened but returned to the Bidder. No Bid withdrawal shall
be permitted unless the corresponding withdrawal notice
contains a valid authorization to request the withdrawal and is
read out at Bid opening.

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.

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.

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 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.

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
Section I – Instructions to Bidders (ITB) 25

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.

The Employer shall neither discuss the merits of any Bid nor
reject any Bid (except for late Bids, in accordance with ITB
23.1).

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) if applicable, any alternative Bid- Technical Part;
(d) the presence or absence of a Bid Security if one was
required.

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 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 33.
Information relating to the evaluation of Financial Part, the
evaluation of combined Technical Part and Financial Part, and
recommendation of contract award shall 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 Bidders in accordance with ITB 44.

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.

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

time of Contract award, if a Bidder wishes to contact the
Section I – Instructions to Bidders (ITB) 26

Employer on any matter related to the Bidding process, it shall

do so in writing.

27. Clarification of Bids To assist in the examination, evaluation, and comparison of 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 35.

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, During the evaluation of Bids, the following definitions apply:
Reservations, and (a) “Deviation” is a departure from the requirements
Omissions specified in the Bidding document;
(b) “Reservation” is the setting of limiting conditions or
withholding from complete acceptance of the
requirements specified in the Bidding document; and
(c) “Omission” is the failure to submit part or all of the
information or documentation required in the Bidding
document.

29. Nonmaterial Provided that a Bid is substantially responsive, the Employer

Nonconformities may waive any nonmaterial nonconformities in the Bid.
Provided that a Bid is substantially responsive, the Employer
may request that the Bidder submit the necessary information
or documentation, within a reasonable period of time, to rectify
nonmaterial nonconformities in the Bid related to
documentation requirements. Requesting information or
documentation on such nonconformities shall not be related to
any aspect of the price of the Bid. Failure of the Bidder to
comply with the request may result in the rejection of its Bid.

G. Evaluation of Technical Part of Bids

Section I – Instructions to Bidders (ITB) 27

30. Determination of Preliminary examination of the Technical Part shall be carried

Responsiveness of out to identify proposals that are incomplete, invalid or
Technical Part substantially nonresponsive to the requirements of the Bidding
documents. A substantially responsive Bid is one that
materially confirms to the requirements of the Bidding
document without material deviation, reservation, or omission.
A material deviation, reservation, or omission is one that,
Preliminary examination of the Technical Part shall be carried
out to identify proposals that are incomplete, invalid or
substantially nonresponsive to the requirements of the Bidding
documents. A substantially responsive Bid is one that
materially confirms to the 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.
If the Technical Part is not substantially responsive to the
requirements of the Bidding document, it shall be rejected by
the Employer and may not subsequently be made responsive by
correction of the material deviation, reservation, or omission.

31. Eligibility and The Employer shall determine to its satisfaction whether the
Qualifications of the Bidders that have been assessed to have submitted substantially
Bidder responsive Bids are eligible, and either continue to meet (if
prequalification applies) or meet (if prequalification has not
been carried out), the qualifying criteria specified in Section III,
Evaluation and Qualification Criteria.
The determination shall be based upon an examination of the
documentary evidence of the Bidder’s eligibility and
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.
Section I – Instructions to Bidders (ITB) 28

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
Only substantially responsive bids submitted by eligible and
qualified bidders shall proceed to the detailed technical
evaluation specified in ITB 32.
The Employer’s evaluation of Technical Part will be carried
32. Detailed Evaluation
out as specified in Section III, Evaluation and Qualification
of Technical Part
Criteria.

The scores to be given to technical factors and sub factors are

specified in the BDS.

H. Notification of Evaluation of Technical Parts

and Public Opening of Financial Parts
Following the completion of the evaluation of the Technical
33. Notification of
Parts of the Bids, the Employer shall notify in writing those
Evaluation of
Bidders whose Bids were considered substantially non-
Technical Parts and
responsive to the bidding document or failed to meet the
Public Opening of
eligibility and qualification requirements, advising them of
Financial Parts
the following information:
(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.”
The Employer shall, simultaneously, notify in writing those
Bidders whose Technical Part have been evaluated as
substantially responsive to the bidding document and met the
eligibility and qualification requirements, advising them of
the following information:
Section I – Instructions to Bidders (ITB) 29

(a) their Bid has been evaluated as substantially responsive

to the bidding document and met the eligibility and
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” as specified in the BDS.
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 33.1 and 33.2. 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 50.1. The Financial Part of the
Bid shall be opened publicly in the presence of Bidders’
designated representatives and anyone who chooses to attend.
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 eligibility and qualification
requirements 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 score 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.
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.
Section I – Instructions to Bidders (ITB) 30

The Employer shall neither discuss the merits of any Bid nor
reject any envelopes marked “SECOND ENVELOPE: FINANCIAL
PART” at this public opening.
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.
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 Part of Bids

Provided that a Bid is substantially responsive, the Employer
34. Adjustments for
shall rectify quantifiable nonmaterial nonconformities related
Non-material
to the Bid Price. To this effect, the Bid Price shall be adjusted,
Nonconformities
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.

In evaluating the Financial Part of each Bid, the Employer

35. Correction of
shall correct arithmetical errors on the following basis:
Arithmetic Errors
(a) if there is a discrepancy between the unit price and the
total price that is obtained by multiplying the unit price
and quantity, the unit price shall prevail and the total
price shall be corrected, unless in the opinion of the
Employer there is an obvious misplacement of the
decimal point in the unit price, in which case the total
price as quoted shall govern and the unit price shall be
corrected;
(b) if there is an error in a total corresponding to the
addition or subtraction of subtotals, the subtotals shall
prevail, and the total shall be corrected; and
Section I – Instructions to Bidders (ITB) 31

(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.
Bidders shall be requested to accept correction of arithmetical
errors. Failure to accept the correction in accordance with ITB
35.1, shall result in the rejection of the Bid.

36. Conversion to For evaluation and comparison purposes, the currency(ies) of

Single Currency the Bid shall be converted into a single currency as specified in
and Margin of the BDS.
Preference Unless otherwise stated in the BDS, a margin of preference
Bidders1 shall not apply

37. Evaluation Process, To evaluate the Financial Part, the Employer shall consider the
Financial Parts following:
(a) the Bid price, excluding Provisional Sums and the
provision, if any, for contingencies in the Summary Bill of
Quantities, but including Daywork2 items, where priced
competitively;
(b) price adjustment for correction of arithmetic errors in
accordance with ITB 35;
(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 36.1;
(e) price adjustment due to quantifiable nonmaterial
nonconformities in accordance with ITB 34;
(f) and the additional evaluation factors are specified in
Section III, Evaluation and Qualification Criteria.

1
An individual firm is considered a domestic Bidder for purposes of the margin of preference if it is registered in the country
of the Employer, has more than 50 percent ownership by nationals of the country of the Employer, and if it does not subcontract
more than 10 percent of the contract price, excluding provisional sums, to foreign contractors. JVs are considered as domestic
Bidders and eligible for domestic preference only if the individual member firms are registered in the country of the Employer
or have more than 50 percent ownership by nationals of the country of the Employer, and the 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.
2
Daywork is work carried out following instructions of the Engineer 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

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.
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 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.

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

39. Unbalanced or If the Bid that is evaluated as the lowest evaluated cost is, in the
Front-Loaded Bids Employer’s opinion, seriously unbalanced or front loaded, the
Employer may require the Bidder to provide written
clarifications. Clarifications may include detailed price
analyses to demonstrate the consistency of the Bid prices with
the scope of works, proposed methodology, schedule and any
other requirements of the Bidding document.
After the evaluation of the information and detailed price
analyses presented by the Bidder, the Employer may as
appropriate:
(a) accept the Bid; or
(b) require that the total amount of the Performance
Security be increased at the expense of the Bidder to
a level not exceeding 20% of the Contract Price; or
(c) reject the Bid.
Section I – Instructions to Bidders (ITB) 33

J. Evaluation of Combined Technical and

Financial Parts, Most Advantageous Bid and
Notification of Intention to Award
40. Evaluation of The Employer’s evaluation of responsive Bids will take into
combined Technical account technical factors, in addition to cost factors in
and Financial Parts accordance with Section III Evaluation and Qualification
Criteria. The weight to be assigned for the Technical factors and
cost is specified in the BDS. The Employer will rank the Bids
based on the evaluated Bid score (B).

41. Most Advantageous The Employer shall determine the Most Advantageous Bid. The
Bid 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.

42. Employer’s Right to The Employer reserves the right to accept or reject any Bid and
Accept Any Bid, to annul the Bidding process and reject all Bids at any time prior
and to Reject Any to Contract Award, without thereby incurring any liability to
or All Bids Bidders. In case of annulment, all Bids submitted and
specifically, Bid securities, shall be promptly returned to the
Bidders.

43. Standstill Period 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 47. 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.

44. Notification of The Employer shall send to each Bidder the Notification of
Intention to Award Intention to Award the Contract to the successful Bidder. The
Notification of Intention to Award shall contain, at a minimum,
the following information:
(a) the name and address of the Bidder submitting the
successful Bid;
(b) the Contract price of the successful Bid;
(c) the total combined score of the successful Bid;
Section I – Instructions to Bidders (ITB) 34

(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
45. Award Criteria Subject to ITB 42.1, 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.

46. Notification of Prior to the date of expiry of the bid validity, and upon expiry
Award of the Standstill Period specified in ITB 43.1 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”).
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, with the
reasons therefor;
(e) the name of the successful Bidder, the final total
contract price, the contract duration and a summary of
its scope; and
Section I – Instructions to Bidders (ITB) 35

(f) successful Bidder’s Beneficial Ownership Disclosure

Form.
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.
Until a formal Contract is prepared and executed, the Letter of
Acceptance shall constitute a binding Contract.

47. Debriefing by the On receipt of the Employer’s Notification of Intention to Award

Employer referred to in ITB 44.1, 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.
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.
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.
Debriefings of unsuccessful Bidders may be done in writing or
verbally. The Bidder shall bear its own costs of attending such
a debriefing meeting.

48. Signing of Contract The Employer shall send to the successful Bidder the Letter 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.
Section I – Instructions to Bidders (ITB) 36

The successful Bidder shall sign, date and return to the

Employer, the Contract Agreement within twenty-eight (28)
days of its receipt.

49. Performance Within twenty-eight (28) days of the receipt of the Letter of
Security Acceptance from the Employer, the successful Bidder shall
furnish the Performance Security and, if required in the BDS,
the Environmental and Social (ES) Performance Security in
accordance with the Conditions of Contract, subject to ITB 39.2
(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.

Failure of the successful Bidder to submit the above-mentioned

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

50. Procurement The procedures for making a Procurement-related Complaint

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

Section II - Bid Data Sheet (BDS)

The following specific data for the Works to be procured shall complement, supplement, or
amend the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the
provisions herein shall prevail over those in ITB.

A. General
ITB 1.1 The reference number of the Request for Bids (RFB) is JARSMP-WDB-
NZ-GAIB-WD-01
The Employer is the Project Director, Jamuna River Sustainable
Management Project-1: Riverbank Protection and Riverbank Training
(Component 1), Bangladesh Water Development Board.
The name of the RFB is Construction of Permeable/Top Blocked
Permeable Groin (4 Nos. with 2 rows each and 1 No. with 3 rows) with
Riverbank Protective Work 5 no. Top-Blocked Permeable Groins in series
including Riverbank Protection on the R/B of the Jamuna at Fulchari.
The number and identification of lots (contracts) comprising this RFB is:
JARSMP-WDB-NZ-GAIB-WD-01
ITB 1.2 Not applicable in this bidding process.
ITB 2.1 The Borrower is the People’s Republic of Bangladesh.
Loan or Financing Agreement amount is equivalent to US$102 million.
The name of the Project is Jamuna River Sustainable Management Project-
1: Riverbank Protection and Riverbank Training (Component 1).
ITB 4.1 The maximum number of members in the JV shall be three (3).
ITB 4.5 A list of debarred firms and individuals is available on the Bank’s external
website: http://www.worldbank.org/debarr.
ITB 4.11 This Bidding Process is not subject to prequalification.

B. Contents of Bidding Document

ITB 7.1 For Clarification of Bid purposes only, the Employer’s address is:
Attention: T. M. Rashidul Kabir, Project Director, Jamuna River
Sustainable Management Project-1
Address: Pani Bhaban, Level 4, Block H, Room No. 417, BWDB, 72 Green
Road, Dhaka-1205, Bangladesh.
Telephone: Tel: +8802-222230222, Mob: +8801711157254
Facsimile number: N/A
Section II – Bid Data Sheet (BDS) 38

E-mail: pd.jrsmpwdb@gmail.com
Web: www.bwdb.gov.bd
ITB 7.4 A Pre-Bid meeting shall take place at the following date, time and place:
Date: May 13, 2025
Time: 11:00 am (Bangladesh Standard Time)
Place: Pani Bhaban, Level 4, Block H, Room No. 406, BWDB, 72 Green
Road, Dhaka-1205, Bangladesh.
A site visit conducted by the Employer shall be organized three (3) days
(before the Pre-Bid meeting i.e. May 10,2025. The firm must submit to the
Employer the details of the persons (not more than two (2) persons from
each firm) with supporting document at least three (3) days before the site
visit date. [The travel route will be as follows: Dhaka to Saidpur – by air,
Saidpur to Site – by microbus, Site to Saidpur – by microbus and Saidpur
to Dhaka – by air]. The firm shall bear their own costs and expenses for
the travel. However, a firm wants to visit the site separately, the firm
informs the Employer in advance for the site visit, the local Water
Development Division of BWDB will extend their support to the firm.
ITB 7.6 Web page: https://www.bwdb.gov.bd/en/live-tender

C. Preparation of Bids
ITB 10.1 The language of the Bid is English.
All correspondence exchange shall be in English language.
Language for translation of supporting documents and printed literature is
English.
ITB 11.2 (h) The Bidder shall submit the following additional documents in the
Technical Part of its Bid:

(i) Detailed Estimate for Foreign Currency Requirements

A Bidder shall submit detailed estimate of expenditures in other currencies
for inputs to the Works supplied from outside the Employer’s country
(referred to as “the foreign currency requirements”) as indicated in the
Appendix to Bid - Table C, needed by the Bidder for the payment of such
foreign currency requirements.

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

The Bidder shall submit its Code of Conduct that will apply to Contractor’s
Personnel (as defined in Sub-Clause 1.1.17 of the General Conditions of
Contract), to ensure compliance with the Contractor’s Environmental and
Social (ES) obligations under the Contract. The Bidder shall use for this
Section II – Bid Data Sheet (BDS) 39

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.

(iii) 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:

As described in Section VII, Works’ Requirements – Environmental and

Social (ES) requirements. However, these are mostly: (a) Air pollution, (b)
Water pollution, (c) Soil pollution, (d) Noise pollution, (e) waste
generation, (f) Protection of biodiversity, (g) Community and workers
health and safety, (h) hazardous materials and equipment handling, and (i)
Disturbance to community.

(iv) Quality Control Document of the Bidder and Quality Management

Plan for Similar Civil Works
The Bidder shall attach the Quality Control Document of the firm for large
civil construction works and specific quality management plan for this
contract, if awarded.

(v) Bidder’s Certification on ISO 9001, ISO 14001 and ISO 45001
The Bidder shall attach the certificates with respect to ISO mentioned
above. The certificates, if possessed, must be valid till the bid submission
deadline date. If the validity expires immediately after the bid submission
deadline date, the Bidder must submit the renewal certificate within the bid
validity period.

(vi) Grievance Redress Mechanisms for Workers.

The Bidder shall attach the standard policy of the Bidder for grievance
redress mechanism for workers during execution of any contract. A
commitment of the Bidder as a board resolution is to be attached that the
policy will be adhered to/applied for this contract as well.

11.3 (d) The Bidder shall submit the following additional documents in the
Financial Part of its Bid: None
ITB 13.1 Alternative Bid shall not be considered.
ITB 13.2 Alternative times for completion shall not be permitted.
Section II – Bid Data Sheet (BDS) 40

ITB 13.4 Alternative technical solutions shall not be permitted.

ITB 14.5 The prices quoted by the Bidder shall be subject to adjustment.
ITB 15.1 The currency(ies) of the Bid and the payment currency(ies) shall be in
accordance with Alternative A as described below:
Alternative A (Bidders to quote entirely in local currency):
(a) The unit rates and the prices shall be quoted by the Bidder in the Bill of
Quantities, entirely in Bangladesh Taka (BDT), and further referred to
as “the local currency.” A Bidder expecting to incur expenditures in
other currencies for inputs to the Works supplied from outside the
Employer’s Country (referred to as “the foreign currency
requirements”) shall indicate in the Appendix to Bid - Table C, the
percentage(s) of the Bid Price (excluding Provisional Sums), needed by
the Bidder for the payment of such foreign currency requirements,
limited to no more than three foreign currencies.
(b) The rates of exchange to be used by the Bidder in terms of arriving at
the local currency equivalent and the percentage(s) mentioned in (a)
above shall be specified by the Bidder in the Appendix to Bid - Table
C and shall apply for all payments under the Contract so that no
exchange risk will be borne by the successful Bidder.

ITB 17.5 At this time, the Employer does not intend to execute certain specific parts of
the Works by subcontractors selected in advance.
ITB 17.6 (a) Contractor’s proposed subcontracting: Maximum percentage of
subcontracting permitted is 20% (twenty percent) of the total contract amount.
(b) Bidders proposing to subcontract shall specify in Section IV- Bidding
Forms, the activity (ies) or parts of the Works to be subcontracted along with
complete details of the subcontractors and their qualifications and experience.
ITB 17.7 The parts of the Works for which the Employer permits Bidders to propose
Specialized Subcontractors are designated as follows:
a. Slope protection works [CC Block, Geo-textile filters, two layers filter of
brick-chips].
ITB 18.1 The Bid shall be valid until 150 days from the date of the bid submission
deadline).
ITB 18.3 (a) The Bid price shall be adjusted by the following factors: Not applicable
ITB 19.1 A Bid Security shall be required.
The Bid Security shall be in the form of an Unconditional Bank
Guarantee only.
Section II – Bid Data Sheet (BDS) 41

A Bid-Securing Declaration shall not be required.

The amount and currency of Bid Security shall be USD 300,000.00
(Three hundred thousand) or BDT 36,000,000.00 (Thirty-six million) in
favour of Project Director, JRSMP-1(C1) project.
ITB 19.3 (d) Other types of acceptable securities: None
ITB 19.6 The Bidder is required to furnish an Environmental and Social (ES)
Performance Security amounting to 1% (one percent) of the total
Contracted Amount.
ITB 20.3 The written confirmation of authorization to a person to sign the Bid on
behalf of the Bidder shall consist of a Power of Attorney that demonstrates
the authority of the signatory to sign the Bid. The Power of Attorney shall
be notarized by a registered Notary to be included with the Letter of Bid.
The written confirmation of authorization to sign on behalf of the Bidder
shall consist of:
An organizational document, board resolution or its equivalent by which
giving power of attorney specifying the authority of Bidder representative
to sign the Bid on behalf of the Bidder. If the Bidder is an intended or an
existing joint venture, the power of attorney shall be signed by all partners
and specify the authority of the named representative of the joint venture to
sign on behalf of the intended or existing joint venture.
The written confirmation of authorization to sign on behalf of the bidder
shall consist of a Notarized Power of Attorney to be included with the Letter
of Bid.

D. Submission of Bids
ITB 21.1 In addition to the original of the Bid, the number of copies is:
Technical Proposal: Three (3) copies of the Technical Proposal including a
soft copy in PDF (USB memory). Hard (original) copy shall prevail in case
of discrepancy between hard (original) and soft copies. [The binding of the
hard copy shall be in such a manner that the document can be read easily.]
Financial Proposal: In addition to original 2(two) hard copies and a soft
copy in Excel format (USB memory). Hard (original) copy shall prevail in
case of discrepancy between hard (original) and soft copies.
ITB 22.1 For Bid submission purposes only, the Employer’s address is:
Attention: T. M. Rashidul Kabir, Project Director, Jamuna River
Sustainable Management Project-1
Address: Pani Bhaban, Level 4, Block H, Room No. 417, BWDB, 72 Green
Road, Dhaka-1205, Bangladesh.
The deadline for Bid submission is:
Section II – Bid Data Sheet (BDS) 42

Date: June 26, 2025.

Time: 02:30 pm Bangladesh Standard Time (GMT+6:00)
Bidders shall not have the option of submitting their Bids electronically.

E. Public Opening of Technical Parts of Bids

ITB 25.1 The Bid opening shall take place at:
Street Address: Pani Bhaban, BWDB, 72 Green Road, Dhaka-1205,
Bangladesh.
Floor/ Room number: Level 4, Block H, Room No. 406
City: Dhaka
Country: Bangladesh
Date: June 26, 2025.
Time: 03:00 pm Bangladesh Standard Time (GMT+6:00)

The Technical Part bid opening meeting will also be connected virtually
through live video conference, for which the electronic connection link will
be sent by the Employer at least three (3) calendar days before the Opening
Meeting through email to all the Bidders who purchased the Bidding
Document and who may choose to attend through video conference.
ITB 25.1 The electronic Bid opening procedures shall be: Not Applicable

ITB 25.6 The Letter of Bid – Technical Part and the sealed envelope marked
“SECOND ENVELOPE: FINANCIAL PART” shall be numbered and initialed by
the members of the Bid/Tender Opening Committee of the Employer
conducting Bid opening.

G. Evaluation of Technical Part of Bids

ITB 32.2 The weight given for the Technical Part is 20% (twenty percent). The quality
of the Technical Part of the Bids which are determined to be substantially
responsive shall be evaluated based on the following factors and Points:
Technical Factor Points Bidding Form
1. Method Statement for key 50 Section IV -
construction activities (Piling Method Statement
for groins, riverbank protection, of Key
embankment construction, and Construction
key equipment strategy for Activities
construction) including work
plan.
Section II – Bid Data Sheet (BDS) 43

2. Management strategies and 20 Section IV - ES

implementation plans (MSIPs) Management
for ESMP and ESCP. Strategies and
Implementation
Plans
3. Quality Control Plan of the 20 Section IV –
Bidder or the Lead Partner of the Quality Control
Joint Venture for the Works. Management Plan
4. Site Organization, team 10 Section IV – Site
composition, qualifications Organization, Key
and experience of Contractor’s Personnel
Personnel. Schedule
Total: 100
The Bidder is required to obtain minimum scores of 50 (fifty) points to make
its Technical proposal to be substantially responsive and its Financial proposal
will be opened on the specific date and time as prescribed by the Employer to
the respective Bidders.

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

Financial Parts
ITB 33.5 The Letter of Bid – Financial Part and Schedules shall be initialed by the
members of the Bid/Tender Evaluation Committee of the Employer
conducting Bid opening. Each Financial Part of Bid shall be initialed by
all members of Bid/Tender Evaluation Committee and shall be numbered,
any modification to the unit or total price shall be initialed by all the
members of Bid/Tender Evaluation Committee.
Section II – Bid Data Sheet (BDS) 44

I. Evaluation of Financial Part of Bids

ITB 36.1 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 Bangladesh Taka (BDT)
The source of exchange rate shall be the Bangladesh Bank published on its
website (https://www.bb.org.bd/en/index.php/econdata/exchangerate).
The date for the exchange rate shall be the date of bid submission deadline.
The currency(ies) of the Bid shall be converted into a single currency in
accordance with the procedure under Alternative A that follows:
Alternative A: Bidders quote entirely in local currency
For comparison of Bids, the Bid Price, corrected pursuant to ITB 35, shall
first be broken down into the respective amounts payable in various
currencies by using the selling exchange rates specified by the Bidder in
accordance with ITB 15.1.
In the second step, the Employer will convert the amounts in various
currencies in which the Bid Price is payable (excluding Provisional Sums
but including Daywork where priced competitively) to the single currency
identified above at the selling rates established for similar transactions by
the authority specified and, on the date stipulated above.

ITB 36.2 A margin of domestic preference shall not apply.

ITB 37.1(f) Not Applicable.

J. Evaluation of Combined Technical and Financial Parts and Most

Advantageous Bid
ITB 40.1 The weight to be given for cost is 0.80.

K. Award of Contract
ITB 49.1 and The successful Bidder shall be required to submit an Environmental and
49.2 Social (ES) Performance Security, 1% of the total accepted Contract
Amount.
ITB 50.1 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: T. M. Rashidul Kabir
Title/position: Project Director
Employer: Bangladesh Water Development Board
Section II – Bid Data Sheet (BDS) 45

Email address: pd.jrsmpwdb@gmail.com

In summary, a Procurement-related Complaint may challenge any of the

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 47

Section III - Evaluation and Qualification

Criteria (Without Prequalification)

This section contains all the criteria that the Employer shall use to evaluate Bids and qualify Bidders.
No other factors, methods or criteria shall be used other than specified in this Bidding document. The
Bidder shall provide all the information requested in the forms included in Section IV, Bidding Forms.

Wherever a Bidder is required to state a monetary amount, Bidders should indicate the USD
equivalent using the rate of exchange determined as follows:

• For construction turnover or financial data required for each year - Exchange rate prevailing
on the last day of the respective calendar year (in which the amounts for that year are to be
converted) was originally established.
• Value of single contract - Exchange rate prevailing on the date of the contract signing.
Exchange rates shall be taken from the publicly available source identified in ITB 36.1. Any error in
determining the exchange rates in the Bid may be corrected by the Employer.
Section III – Evaluation and Qualification Criteria 48

Evaluation of Bids

1. Qualification

1.1 Update of Information

The Bidder’s qualifications shall be assessed in accordance with the Qualification table
included in this section.

1.2 Subcontractors

Only the Specialized Subcontractors as approved by the Employer will be considered.

The Bidder shall provide in Section IV-Bidding Forms the relevant details of all
proposed subcontractors.
Maximum percentage of Subcontract shall not exceed 20% of Accepted total Contract
Amount including Specialist Sub-Contractor. The Subcontractor should have successful
completion record of 2 (two) contracts of similar nature and complexity to the portion
of the Works in the last 5 years. However, the qualifications of subcontractors shall not
be considered in the evaluation as the qualification criteria which must be met by the
Bidder itself.

The general experience and financial resources of the Specialized Subcontractors shall
not be added to those of the Bidder for purposes of qualification of the Bidder. The parts
of the Works for which the Employer permits Bidders to propose Specialized
Subcontractors are designated as follows:

Bank protection works [Geo-bags, CC Blocks, Geo-textile filters, two layers filter of brick-
chips.]

1.3 Financial Resources

Using the relevant Form 3.1 in Section IV, Bidding Forms, the Bidder must
demonstrate access to, or availability of, financial resources such as liquid assets,
unencumbered real assets, lines of credit, and other financial means, other than any
contractual advance payments to meet the overall cash flow requirements for this
Contract and its current Works commitment.

1.4 Contractor’s Representative and Key Personnel

The Bidder must demonstrate that it will have a suitably qualified Contractor’s
Representative and suitably qualified (and in adequate numbers) Key Personnel, as
described in the Specification.

The Bidder shall provide details of the Contractor’s Representative and Key Personnel
and such other Key Personnel that the Bidder considers appropriate to perform the
Section III – Evaluation and Qualification Criteria 49

Contract, together with their academic qualifications and work experience. The Bidder
shall complete the relevant Forms in Section IV, Bidding Forms.
For purpose of evaluation, only the Key Personnel listed in the table below will be
evaluated. All key personnel proposed by the Proposer are required to meet the
academic qualification and minimum experience requirements specified for each
position below. If any of the key personnel proposed by the Proposer is determined by
the Employer not meeting the specified requirements, the Employer reserves the right
to require the Proposer to replace such key personnel with fully qualified and
experienced key personnel prior to contract award, if awarded to the Proposer.
Minimum educational and experience requirements for Contractor’s
Representative and Key Personnel:
Key Personnel to be evaluated (whose CVs are to be submitted).

Experience Number of
Total Work
In Similar Personnel
No. Position Experience
Work
(years)
(years)
1. Project Manager
B. Sc. Engineering (Civil/
Water Resources)
15 8
(As Contractor’s
Representative under GCC
The number of
Sub-Clause 4.3)
persons to be
2. Design/Structural Engineer 10 5 proposed for
each category of
3. Quality Control/Material
10 4 expert by the
Engineer
Bidder in order
4. Construction Supervision to match the
12 5
Engineer method
5. Environmental, aqua culture statement.
10 5
and fisheries Expert
6. Social Development, Gender 10 3
and SEA/SH Expert
7. OHS and Labor Expert 10 3
Section III – Evaluation and Qualification Criteria 50

The Bidder shall provide complete organization of staff including the minimum
experience of key staff for each sector/area in its proposal, but the above 7 key persons
will be evaluated for scoring purpose.

1.5 Equipment

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

Minimum Number
No. Equipment Type and Characteristics
required
1. Excavator The Bidder shall
propose the types and
2. Chain Dodger for Embankment construction number of equipment
3. Mixer Machine for CC block manufacturing and the possession
(such as, ownership,
4. Burge lease or rental) of such
equipment to carry out
5. Mixing Plant for Pile, Beam and Slab this Works. The
construction proposed equipment
6. should suffice the
Tugboat, Speed Boat and Country Boat
method statements of
7. Pump Works in relevant
Form in Section IV,
8. Vibrator for compaction of concrete Bidding Forms.
9. Rotary Drill for Pile construction
10. Crane for Pile construction
11. Truck/Dump truck
12. Generator

The Bidder shall provide further details of proposed items of equipment using the
relevant Form in Section IV, Bidding Forms.

If any of the key equipment proposed by the Bidder is determined by the Employer not
meeting the specified characteristics or deficient in equipment as required, the
Employer reserves the right to require the Bidder to replace such key equipment with
Section III – Evaluation and Qualification Criteria 51

required key equipment (i.e. capacity and number) that meets the specified
characteristics prior to contract award, if awarded to the Bidder.

2. Evaluation of Technical Proposal

Assessment of adequacy of Technical Proposal with Requirements in accordance with

ITB 32.1:

Evaluation of Technical Part will be carried out as specified in this Section III:
Evaluation and Qualification Criteria (Table A. Qualification,) as the minimum
technical requirements that have to be met by the Bidder prior to being considered for
technical evaluation by applying the scored technical factors in accordance with BDS
ITB 32.2

The technical factors, and sub factors, if any, need 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:

Score (of the Description Remarks
total score for
the factor
/subfactor as
applicable)
0% to 39% Required feature is absent; no relevant
information to demonstrate how the
requirement is met.
40% to 59% Required features present with deficiencies
such as insufficient or information that lacks
clarity.
60% to 79% Sufficient information to demonstrate how the
requirement will be met.
80% to 89% Sufficient information to demonstrate that the
requirement will be marginally exceeded.
90% to 100% Sufficient information that significantly
exceeds the requirement/ proposal contributes
to significant value addition.

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 Wj
j =1

where:
Sj = the Factor Technical Score of factor “j”,
Section III – Evaluation and Qualification Criteria 52

Wj = the weight of factor “j” as specified in the BDS,

n = the number of Factors, and
n

W
j =1
j =1

Alternative Technical Solutions for specified parts of the Works: Not Applicable.

3. Financial Evaluation
Margin of Preference shall not apply.
Criteria for Financial Evaluation

In addition to the criteria listed in ITB 37.1 (a) – (e), the following criteria shall apply:
Time Schedule

Time for completion of the Works from the Commencment Date shall be as specified
in the Particular Conditions Part A-Contract Data Sub-clause 1.1.84. No credit will
be given for earlier completion.

Life Cycle Costs shall not apply.

Sustainable Procurement:
Sustainable Procurement shall apply in compliance with the ES requirements to be
specified and met by the Contractor in its Techncial proposal.

4. 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
Section III – Evaluation and Qualification Criteria 53

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.
Section III - Evaluation and Qualification Criteria 54

A. Qualification
Eligibility and Qualification Criteria Compliance Requirements Documentation
No. Subject Requirement Single Entity Joint Venture (existing or intended) Submission
All Members Each Member One Member Requirements
Combined
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 55

Eligibility and Qualification Criteria Compliance Requirements Documentation

No. Subject Requirement Single Entity Joint Venture (existing or intended) Submission
All Members Each Member One Member Requirements
Combined
2. Historical Contract Non-Performance
2.1 History of Non- Non-performance of a contract1 Must meet Must meet Must meet N/A Form CON-2
Performing did not occur as a result of requirement requirements requirement2
Contracts contractor’s default since 1st
January 2015.
2.2 Suspension Based Not under suspension based on- Must meet Must meet Must meet N/A Letter of Bid
on Execution of execution of a Bid/Proposal requirement requirement requirement
Bid/Proposal Securing Declaration pursuant to
Securing ITB 4.7 and ITB 19.9
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 profitability requirement requirement
still 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

1
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.
2
This requirement also applies to contracts executed by the Bidder as JV member.
Section III – Evaluation and Qualification Criteria 56

Eligibility and Qualification Criteria Compliance Requirements Documentation

No. Subject Requirement Single Entity Joint Venture (existing or intended) Submission
All Members Each Member One Member Requirements
Combined
against the Bidder3 since 1st
January 2015.
2.5 Declaration: Declare any civil work contracts Must make the N/A Each must N/A Form CON-3 ES
Environmental that have been suspended or declaration. make the Performance
and Social (ES) terminated and/or performance Where there declaration. Declaration
past performance security called by an employer for are Where there
reasons of breach of Specialized are Specialized
environmental, or social (including Subcontractor/ Subcontractor/s
Sexual Exploitation, and Abuse) s, the , the
contractual obligations in the past Specialized Specialized
five (5) years.4 Subcontractor/ Subcontractor/s
s must also must also make
make the the declaration.
declaration.
2.6 Bank’s SEA At the time of Contract Award, not Must meet N/A Must meet N/A Letter of Bid,
and/or SH subject to disqualification by the requirement requirement Form CON-4
Disqualification Bank for non-compliance with (including (including each
SEA/ SH obligations each subcontractor
subcontractor proposed by
proposed by the Bidder)
the Bidder)
If the Bidder had been subject to Must meet N/A Must meet N/A Letter of Bid,
disqualification by the Bank for requirement requirement Form CON-4
non-compliance with SEA/ SH (including (including each
obligations, the Bidder shall either each subcontractor

3
The Bidder shall provide accurate information on the related Bid Form about any litigation or arbitration resulting from contracts completed or ongoing under its execution
over the last ten years. A consistent history of awards against the Bidder or any member of a joint venture may result in failure of the Bid.
4
The Employer may use this information to seek further information or clarifications in carrying out its due diligence.
Section III - Evaluation and Qualification Criteria 57

Eligibility and Qualification Criteria Compliance Requirements Documentation

No. Subject Requirement Single Entity Joint Venture (existing or intended) Submission
All Members Each Member One Member Requirements
Combined
(i) provide evidence of an arbitral subcontractor proposed by
award on the disqualification made proposed by the Bidder)
in its favour; or (ii) demonstrate the Bidder)
that it has adequate capacity and
commitment to comply with
SEA/SH prevention and
response obligations; or (iii)
provide evidence that it has
already demonstrated such
capacity and commitment on
another Bank financed works
contract.

3. Financial Situation and Performance

3.1 Financial (i) The Bidder 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 construction cash flow
requirements estimated as US$
three (3.0) million for the subject
contract(s) net of the Bidder’s
other commitments. The
documentary evidence shall be:
(A) in the form of supporting
letter(s) issued by the Bidder’s
bank/financial institution
Section III – Evaluation and Qualification Criteria 58

Eligibility and Qualification Criteria Compliance Requirements Documentation

No. Subject Requirement Single Entity Joint Venture (existing or intended) Submission
All Members Each Member One Member Requirements
Combined
confirming that the above-
specified minimum amount is
available through funds in the
bidder’s bank account and/or lines
of credit for use specifically in the
execution of the subject contract if
awarded to the bidder

(ii) The Bidders shall also

demonstrate, to the satisfaction of
the Employer, that it has adequate
sources of finance to meet the cash
flow requirements on works
currently in progress and for future Must meet Must meet N/A N/A
contract commitments. requirement requirement
(iii) The audited balance sheets or,
if not required by the laws of the
Bidder’s country, other financial
statements acceptable to the
Employer, for the last five (5)
years [i.e., FY 2023-24, FY 2022-
Must meet N/A Must meet N/A
23, FY 2021-22, FY 2020-21, and
requirement requirement
FY 2019-20, OR, CY 2023, CY
2022, CY 2021, CY 2020, and CY
2019] shall be submitted and must
demonstrate the current soundness
of the Bidder’s financial position
and indicate its prospective long-
term profitability.
Section III - Evaluation and Qualification Criteria 59

Eligibility and Qualification Criteria Compliance Requirements Documentation

No. Subject Requirement Single Entity Joint Venture (existing or intended) Submission
All Members Each Member One Member Requirements
Combined
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 twenty (20) sixty (60)
Turnover Twenty (20) million, calculated as percent of the percent of the
total certified payments received requirement requirement
for contracts in progress and/or
completed within the last five (5)
years i.e. 2024, 2023, 2022, 2021
and 2020.

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,
Subcontractor, or management
contractor for at least one
completed or ongoing
construction contract from 1st
January 2018.

4.2 Specific A minimum number of two (2) Must meet Must meet N/A N/A Form EXP 4.2(a)
(a) Construction & similar contracts specified below requirement requirement8
Contract that have been satisfactorily and
substantially5 completed as a

5
Substantial completion shall be based on 80% or more works completed under the contract.
8
In the case of JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the minimum value of a single contract
has been met. Instead, each contract performed by each member shall satisfy the minimum value of a single contract as required for single entity. In determining whether
the JV meets the requirement of total number of contracts, only the number of contracts completed by all members each of value equal or more than the minimum value
required shall be aggregated.
Section III – Evaluation and Qualification Criteria 60

Eligibility and Qualification Criteria Compliance Requirements Documentation

No. Subject Requirement Single Entity Joint Venture (existing or intended) Submission
All Members Each Member One Member Requirements
Combined
Management prime contractor, joint venture
Experience member6, management contractor
or Subcontractor between 1st
January 2015 and bid submission
deadline:
(i) At least 1 (one) similar
contract of minimum value USD
seventeen (17) million or
equivalent, or at least 2 (two)
similar contracts with total value
USD twenty-five (25) million or
equivalent.7
The similarity of the contracts
shall be based on the following: (i)
construction/repair of revetment/
riverbank protection work/ shore
protection work/ crossbar/ Spur/
and construction of
embankment/dyke and Groin;
(ii) construction of jetty in port;
and/or

6
For contracts under which the Bidder participated as a joint venture member or Subcontractor, only the Bidder’s share, by value, shall be considered to meet this requirement
7
In addition to the submission requirement of Form EXP – 4.2(a), the Bidder shall provide the supporting documents such as Signed Contract Agreement,
Taking-Over Certificate, Contract Completion Certificate or Performance Certificate.

in sufficient detail to verify the contract name, value and completion time (or substantial completion). If the documents are other than in English, an accurate certified translation of these
documents in English shall be provided.]
Section III - Evaluation and Qualification Criteria 61

Eligibility and Qualification Criteria Compliance Requirements Documentation

No. Subject Requirement Single Entity Joint Venture (existing or intended) Submission
All Members Each Member One Member Requirements
Combined
(iii) construction of bridge of
minimum length of 300m.
4.2 For the above and any other Must meet Must meet N/A N/A Form EXP – 4.2
(b) contracts [substantially completed requirements requirements (b)
and under implementation] as
prime contractor, joint venture
member, or Subcontractor between
1st January 2015 and Bid
submission deadline, a minimum
construction experience in the
following key activities
successfully completed in any one
year9:
(i) Earthworks: 75,000 cum per
year
(ii) Pile works: 15,000 cum per
year
(iii) Riverbank/shore protection:
2.0 km per year
Note: If a Bidder cannot meet the
above three (3) requirements, the
experience of a Specialized Sub-
contractor may be considered for
any one requirement from the

9
Volume, number or rate of production of any key activity can be demonstrated in one or more contracts combined if executed during same time period.
Section III – Evaluation and Qualification Criteria 62

Eligibility and Qualification Criteria Compliance Requirements Documentation

No. Subject Requirement Single Entity Joint Venture (existing or intended) Submission
All Members Each Member One Member Requirements
Combined
above three (3) requirements. 10
4.2 Specific For the contracts in 4.2 (a) above Must meet Must meet Must meet the Must meet the Form EXP – 4.2
(c) Experience in and/or any other contracts requirements requirement following following (c)
managing ES [substantially completed and under requirements: requirements:
aspects implementation] as prime any two any three
contractor, joint venture member, requirements requirements
or Subcontractor between 1st out of six (6) including
January 2015 and Bid submission requirements. SEA/SH out
deadline, experience in managing of six (6)
the following ES risks and impacts requirements.
and any additional sustainable
procurement aspects:
(i) Air pollution control
(ii) Sound pollution control
(iii) Water pollution control
(iv) Soil pollution control
(v) SEA/SH risks control
(vi) OHS and Labor risks control

10
In addition to the submission requirement of Form EXP – 4.2(b), the Bidder shall provide the supporting documents such as Signed Contract Agreement,
Taking-Over Certificate, Contract Completion Certificate or Performance Certificate, activities performed by the Bidder or Joint Venture partners, certified copy of bill
containing the key activities and other relevant details sufficient to demonstrate compliance with the requirements.
Section IV - Bidding Forms 63

Section IV - Bidding Forms

Table of Forms

Letter of Bid- Technical Part ................................................................................................65

Appendix to Technical Part of Bid .......................................................................................68
Technical Proposal .................................................................................................................69
Site Organization .........................................................................................................70
Method Statement ........................................................................................................71
Mobilization Schedule .................................................................................................72
Construction Schedule .................................................................................................73
ES Management Strategies and Implementation Plans (ES-MSIP) ............................74
Code of Conduct for Contractor’s Personnel (ES) Form .............................................75
Form EQU: Contractor’s Equipment ...........................................................................79
Specialized Subcontractors ..........................................................................................80
Form PER -1: Contractor’s Representative and Key Personnel Schedule ..................81
Form PER-2: Resume and Declaration Contractor’s Representative and Key
Personnel ..........................................................................................................83
Bidder’s Qualification without prequalification .................................................................85
Form ELI -1.1: Bidder Information Form....................................................................86
Form ELI -1.2: Bidder's JV Information Form (to be completed for each member of
Bidder’s JV) .....................................................................................................87
Form CON – 2: Historical Contract Non-Performance, Pending Litigation and
Litigation History .............................................................................................88
Form CON – 3: Environmental and Social Performance Declaration .........................90
Form CON – 4: Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment
Performance Declaration .................................................................................92
Form FIN – 3.1: Financial Situation and Performance ................................................94
Form FIN – 3.2: Average Annual Construction Turnover ..........................................96
Form FIN – 3.3: Financial Resources ..........................................................................97
Form FIN – 3.4: Current Contract Commitments / Works in Progress .......................98
Form EXP - 4.1: General Construction Experience.....................................................99
Section IV - Bidding Forms 64

Form EXP - 4.2(a): Specific Construction and Contract Management Experience ..100
Form EXP - 4.2(a) (cont.): Specific Construction and Contract Management
Experience (cont.) ..........................................................................................101
Form EXP - 4.2(b): Construction Experience in Key Activities ...............................102
Form EXP - 4.2(c): Specific Experience in Managing ES aspects ............................104
Form of Bid Security - Demand Guarantee ......................................................................105
Form of Sexual Exploitation and Abuse (SEA), and/or Sexual Harassment (SH)
Declaration................................................................................................................106
Letter of Bid - Financial Part ..............................................................................................107
Appendix to Financial Part .................................................................................................109
Schedule of Cost Indexation ................................................................................................109
Table C. Summary of Payment Currencies................................................................114
Bill of Quantities ........................................................................................................116
Bill No. 1: General Items (Mobilization and Administrative type) ...........................118
Bill No. 2: Protective Works (Compacted Earthworks) ............................................126
Bill No. 3: Bed Protection (Geo-bags) .......................................................................129
Bill No. 4: Pile Works ................................................................................................130
Bill No. 5: Beam and Slab .........................................................................................137
Bill No. 6: Emergency Protective Works ..................................................................139
Bill No. 7: ESCP Works ...........................................................................................140
Daywork Schedule .....................................................................................................141
Schedule of Daywork Rates: 1. Labour .....................................................................144
Schedule of Daywork Rates: 2. Materials..................................................................145
Schedule of Daywork Rates: 3. Contractor’s Equipment ..........................................146
Daywork Summary ....................................................................................................147
Summary of Specified Provisional Sums in the Bill of Quantities ............................148
Grand Summary .........................................................................................................149
Section IV - Bidding Forms 65

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]

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) 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.]
Section IV - Bidding Forms 66

(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 in accordance with the bidding
document;
(h) One Bid Per Bidder: We are not submitting any other Bid(s) as an individual Bidder, and we
are not participating in any other Bid(s) as a Joint Venture member or as a subcontractor, and
meet the requirements of ITB 4.3;
(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 laws or official regulations of the Employer’s country 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;
(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; and
(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) Potential DAAB Members: We hereby propose the following three persons, whose
curriculum vitae are attached, as potential DAAB members:
Section IV - Bidding Forms 67

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

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 joint venture specify the name of the Joint Venture as Bidder

**: Person signing the Bid shall have the power of attorney given by the Bidder to be attached with the
Bid
Section IV - Bidding Forms 68

Appendix to Technical Part of Bid

Section IV - Bidding Forms 69

Technical Proposal

- Site Organization

- Method Statement

- Mobilization Schedule

- Construction Schedule
- ES Management Strategies and Implementation Plans

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

- Equipment
- Key Personnel Schedule

- Quality Control Management Plan

- OHS Plan

- Others
Section IV - Bidding Forms 70

Site Organization

[Insert Site Organization information]

[Note to the Bidders: This should include the organization structure of the Contractor at Site,
authority to execute the activities, office facilities, security provision, labor shed, stockyard,
equipment yard and other relevant information relating to site management.]
Section IV - Bidding Forms 71

Method Statement
Note to the Bidder:

The Bidder shall provide typical method statements for execution of key construction activities
which ensure the design life, expectancy, quality assurance and quality control, safety of work and
workforce. Each method statement shall describe, inter alia,

(1) the proposed approach to the construction activity;

(2) the level of staffing and experience;
(3) the level and quality of construction equipment;
(4) the safe system of work;
(5) inspection and testing;
(6) storage;
(7) formwork to be used;
(8) materials and its quality;
(9) taffic management;
(10) concrete quality assurance measures; and
(11) risk and mitigation measures including insurance in construction works.

The key construction activities may include the following:

(A) Construction of piling works

(B) Construction of beam and deck
(C) Production of CC blocks
(D) Earthworks
(E) Riverbed protection works.]
Section IV - Bidding Forms 72

Mobilization Schedule
[insert Mobilization Schedule]

[Note to the Bidders: In accordance with the Particular Conditions, Sub-Clause 4.1, the
Contractor shall not carry out mobilization to Site unless the Engineer gives consent that
appropriate measures are in place to address environmental and social risks and impacts, which as
a minimum shall include applying the Management Strategies and Implementation Plans (MSIPs)
and Code of Conduct for Contractor’s Personnel, submitted as part of the Bid and agreed as part
of the Contract.]
Section IV - Bidding Forms 73

Construction Schedule
[insert Construction Schedule]

The Bidder shall set out a construction schedule of the Works to be undertaken. The proposed
work schedule shall be developed based on the specifications and Bill of Quantities. The work
scheedule shall be prepared either by use of MS-Project or Primavera software. The work schedule
shall consider the following issues (but not limited to):

1. Execution of the Works within the Time for Completion, highlighting activities imposing
constraints on the construction sequence;
2. Expected commencement date and completion date of the Works;
3. The order in which the Bidder intends to carry out the Works including each stage of
procurement, manufacture, inspection, delivery to the Site, construction, including works
undertaken by the Sub-Contractor;
4. All activities are to be logically linked and showing earliest and latest start and finish dates for
each activity, the float and critical path(s);
5. All delivery dates of materials;
6. Highlights the activities imposing constraints to the works sequence;
7. No-objection to the Contractor’s MSIPs, which collectively form the C-ESMP, in accordance
with the Particular Conditions Part B- Sub-Clause 4.1;
8. Constitution of the DAAB;
9. SEA and SH orientation conference; and
10. All milestones of works, delivery, reports, etc.]
Section IV - Bidding Forms 74

ES Management Strategies and Implementation Plans (ES-MSIP)

[insert ES-MSIP]

[Note to the Bidders: 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 75

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

Note to the Bidder:

The minimum content of the Code of Conduct form as set out by the Employer shall not
be substantially modified. However, the Bidder may add requirements as appropriate,
including to take into account Contract-specific issues/risks.

The Bidder shall initial and submit the Code of Conduct form as part of its bid.

CODE OF CONDUCT FOR CONTRACTOR’S PERSONNEL

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

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

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

Our workplace is an environment where unsafe, offensive, abusive or violent behavior will not be
tolerated and where all persons should feel comfortable raising issues or concerns without fear of
retaliation.

REQUIRED CONDUCT
Contractor’s Personnel shall:
1. carry out his/her duties competently and diligently;
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
Section IV - Bidding Forms 76

d. following applicable emergency operating procedures.

4. report work situations that he/she believes are not safe or healthy and remove
himself/herself from a work situation which he/she reasonably believes presents an
imminent and serious danger to his/her life or health;
5. treat other people with respect, and not discriminate against specific groups such as women,
people with disabilities, migrant workers or children;
6. not engage in Sexual Harassment, which means unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature with other
Contractor’s or Employer’s Personnel;
7. not engage in Sexual Exploitation, which means any actual or attempted abuse of position
of vulnerability, differential power or trust, for sexual purposes, including, but not limited
to, profiting monetarily, socially or politically from the sexual exploitation of another;
8. not engage in Sexual Abuse, which means the actual or threatened physical intrusion of a
sexual nature, whether by force or under unequal or coercive conditions;
9. not engage in any form of sexual activity with individuals under the age of 18, except in
case of pre-existing marriage;
10. complete relevant training courses that will be provided related to the environmental and
social aspects of the Contract, including on health and safety matters, Sexual Exploitation
and Abuse (SEA), and Sexual Harassment (SH);
11. report violations of this Code of Conduct; and
12. not retaliate against any person who reports violations of this Code of Conduct, whether to
us or the Employer, or who makes use of the grievance mechanism for Contractor’s
Personnel or the project’s Grievance Redress Mechanism.
RAISING CONCERNS
If any person observes behavior that he/she believes may represent a violation of this Code of
Conduct, or that otherwise concerns him/her, he/she should raise the issue promptly. This can be
done in either of the following ways:
1. Contact [enter name of the Contractor’s Social Expert with relevant experience in handling
sexual exploitation, sexual abuse and sexual harassment cases, or if such person is not
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.
Section IV - Bidding Forms 77

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 a retaliation would be a violation of this Code
of Conduct.
CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT
Any violation of this Code of Conduct by Contractor’s Personnel may result in serious
consequences, up to and including termination and possible referral to legal authorities.

FOR CONTRACTOR’S PERSONNEL:

I have received a copy of this Code of Conduct written in a language that I comprehend. I
understand that if I have any questions about this Code of Conduct, I can contact [enter name of
Contractor’s contact person(s) with relevant experience] requesting an explanation.

Name of Contractor’s Personnel: [insert name]

Signature: __________________________________________________________

Date: (day month year): _______________________________________________

Countersignature of authorized representative of the Contractor:
Signature: ________________________________________________________
Date: (day month year): ______________________________________________

ATTACHMENT 1: Behaviors constituting Sexual Exploitation and Abuse (SEA) and behaviors and
behaviors constituting Sexual Harassment (SH)
Section IV - Bidding Forms 78

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 79

Form EQU: Contractor’s 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

 Owned  Rented  Leased 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 80

Specialized Subcontractors

Option 1- Without Prequalification

The following Subcontractors are proposed.

No. Part of the Works Subcontractor’s Nationality Specific Experience
to be name and address
subcontracted
Section IV - Bidding Forms 81

Form PER -1: Contractor’s Representative and Key Personnel Schedule

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

Contractor’s Representative and Key Personnel

1. 1 of position: [Contractor’s Representative]
Title
.
Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position will be
appointment: engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g., attach high level
schedule for this Gantt chart]
position:
2. Title
2 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. Title3of position: [OHS and Labor Expert]
.
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
4 of position: [Social Specialist]
.
Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position will be
appointment: engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
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 82

5. Title of position: Sexual Exploitation, Abuse and Harassment Expert

[Where a Project SEA risks are assessed to be substantial or high, Key Personnel shall include an
expert with relevant experience in addressing sexual exploitation, sexual abuse and sexual harassment
cases]

Name of candidate
Duration of [insert the whole period (start and end dates) for which this position will be
appointment: engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g., attach high level
schedule for this Gantt chart]
position:
6. 5 of position: [………………]
Title
.
[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 83

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

Personnel

Name of Bidder

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

Personnel Name: Date of birth:

information
Address: E-mail:

Professional qualifications:

Academic qualifications:

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

skills]

Details
Address of employer:

Telephone: Contact (manager / personnel

officer):
Fax:

Job title: Years with present employer:

Summarize professional experience in reverse chronological order. Indicate particular technical and
managerial experience relevant to the project.
Duration of
Project Role Relevant experience
involvement
[main [role and
[describe the experience relevant to this
project responsibilities on the [time in role]
position]
details] project]
Section IV - Bidding Forms 84

Declaration

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

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

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

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

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

Signature: __________________________________________________________

Date: (day month year): _______________________________________________

Countersignature of authorized representative of the Bidder:

Signature: ________________________________________________________
Date: (day month year): ______________________________________________
Section IV - Bidding Forms 85

Bidder’s Qualification without prequalification

To establish its qualifications to perform the contract in accordance with Section III,
Evaluation and Qualification Criteria the Bidder shall provide the information requested in
the corresponding Information Sheets included hereunder.
Section IV - Bidding Forms 86

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: _______________________
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 87

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 88

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 89

Year of Amount in Contract Identification Total Contract

dispute dispute Amount
(currency) (currency), USD
Equivalent
(exchange rate)
Contract Identification: _________
Name of Employer: ____________
Address of Employer: __________
Matter in dispute: ______________
Party who initiated the dispute: ____
Status of dispute: ___________
Contract Identification:
Name of Employer:
Address of Employer:
Matter in dispute:
Party who initiated the dispute:
Status of dispute:
Litigation History in accordance with Section III, Evaluation and Qualification Criteria
 No Litigation History  Litigation History
Year of Outcome as Contract Identification Total Contract
award percentage of Net Amount
Worth (currency), USD
Equivalent
(exchange rate)
[insert [insert percentage] Contract Identification: [indicate [insert amount]
year] complete contract name, number, and any
other identification]
Name of Employer: [insert full name]
Address of Employer: [insert
street/city/country]
Matter in dispute: [indicate main issues in
dispute]
Party who initiated the dispute: [indicate
“Employer” or “Contractor”]
Reason(s) for Litigation and award decision
[indicate main reason(s)]
Section IV - Bidding Forms 90

Form CON – 3: Environmental and Social Performance Declaration

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

Bidder’s Name: [insert full name]

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

Environmental and Social Performance Declaration

in accordance with Section III, Qualification Criteria, and Requirements
 No suspension or termination of contract: An employer has not suspended or terminated a
contract and/or called the performance security for a contract for reasons related to Environmental
or Social (ES) performance since the date specified in Section III, Qualification Criteria, and
Requirements, Sub-Factor 2.5.
 Declaration of suspension or termination of contract: The following contract(s) has/have been
suspended or terminated and/or Performance Security called by an employer(s) for reasons related
to Environmental or Social (ES) performance since the date specified in Section III, Qualification
Criteria, and Requirements, Sub-Factor 2.5. Details are described below:
Year Suspended or Contract Identification Total Contract
terminated Amount (current
portion of value, currency,
contract exchange rate
and US$
equivalent)
[insert [insert amount Contract Identification: [indicate complete contract[insert amount]
year] and percentage] name/ number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for suspension or termination: [indicate main
reason(s) e.g., gender-based violence; sexual
exploitation or sexual abuse breaches]
[insert [insert amount Contract Identification: [indicate complete contract[insert amount]
year] and percentage] name/ number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for suspension or termination: [indicate main
reason(s)]
… … [list all applicable contracts] …
Section IV - Bidding Forms 91

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 92

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, Qualification Criteria, and Requirements

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: ________________________________________
Section IV - Bidding Forms 93

______________________________________________________________________
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].
Section IV - Bidding Forms 94

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 36.1 for the exchange rate

Section IV - Bidding Forms 95

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 five (5) years pursuant to
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 96

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 97

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 98

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 99

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 100

Form EXP - 4.2(a): Specific Construction and Contract Management

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

Similar Contract No. Information

Contract Identification:
Award date:
Completion date:
Role in Contract: Prime Member in Management
Subcontra
Contractor JV Contractor
ctor 
  
Total Contract Amount: US$
If member in a JV or Subcontractor,
specify participation in total
Contract amount:
Employer's Name:
Address:
Telephone/fax number:
E-mail:
Section IV - Bidding Forms 101

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:
N.B. In addition to the submission requirement of Form EXP – 4.2(a), the Bidder shall provide the
supporting documents such as Taking-Over Certificate, Contract Completion Certificate or
Performance Certificate.
Section IV - Bidding Forms 102

Form EXP - 4.2(b): Construction Experience in Key Activities

Bidder's Name: ________________
Date: ___________________
Bidder's JV Member Name: __________________
Subcontractor's Name2 (as per ITB 17): ________________
RFB No. and title: _____________________

Page __________________of ________________pages

All Subcontractors for key activities must complete the information in this form as per ITB 17
and Section III, Evaluation and Qualification Criteria, Sub-Factor 4.2.

1. Key Activity No One: ________________________

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

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

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

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

2
If applicable
Section IV - Bidding Forms 103

Information
Address:
Telephone/fax number:
E-mail:

Information

Description of the key activities in

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

2. Activity No. Two

3. …………………
N.B. In addition to the submission requirement of Form EXP – 4.2(b), the Bidder shall provide the supporting
documents such as Taking-Over Certificate, Contract Completion Certificate or Performance Certificate,
activities performed by the Bidder or Joint Venture partners, certified copy of bill containing the key activities
and other relevant details sufficient to demonstrate compliance with the requirements.
Section IV - Bidding Forms 104

Form EXP - 4.2(c): Specific Experience in Managing ES aspects

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

Bidder's Name: ________________

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

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

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

Details of relevant experience:

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

3. Key Requirement no. 3 in accordance with 4.2 (c): ______________________
4. …
Section IV - Bidding Forms 105

Form of Bid Security - Demand Guarantee

Beneficiary: __________________________
Request for Bids No: ________________________________________
Date: __________________________
BID GUARANTEE No.: __________________________
Guarantor: ________________________________________________
We have been informed that __________________________ (hereinafter called "the Applicant")
has submitted or will submit to the Beneficiary its Bid (hereinafter called "the Bid") for the
execution of ________________ under Request for Bids No. ___________ (“the RFB”).
Furthermore, we understand that, according to the Beneficiary’s conditions, Bids must be
supported by a Bid guarantee.
At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________ (____________)
upon receipt by us of the Beneficiary’s complying demand, supported by the Beneficiary’s
statement, whether in the demand itself or a separate signed document accompanying or
identifying the demand, stating that either the Applicant:
(a) has withdrawn its Bid prior to the Bid validity expiry date set forth in the Applicant’s Letter
of Bid, or any extended date provided by the Applicant; or
(b) having been notified of the acceptance of its Bid by the Beneficiary prior to the expiry date
of the Bid validity or any extension thereto provided by the Applicant, (i) has failed to
execute the contract agreement, or (ii) has failed to furnish the Performance Security and 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 the
Environmental and Social (ES) Performance Security, issued to the Beneficiary in relation to such
contract agreement; or (b) if the Applicant is not the successful Bidder, upon the earlier of (i) our
receipt of a copy of the Beneficiary’s notification to the Applicant of the results of the Bidding
process; or (ii) twenty-eight days after the expiry date of the Bid validity.
Consequently, any demand for payment under this guarantee must be received by us at the office
indicated above on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision,
ICC Publication No. 758.

_____________________________

[signature(s)]
Section IV - Bidding Forms 106

Form of Sexual Exploitation and Abuse (SEA), and/or

Sexual Harassment (SH) Declaration
Date: _______________ RFB No.: _____________________
Alternative No.: ________________

Contract Title: ________________________________

To:

We, the undersigned, declare that:

We understand that Bids must be supported by a SEA and/or SH Declaration.

We accept that, if awarded the Contract, we, including our Subcontractors, are required to comply
with the SEA/SH Prevention and Response Obligations under the Contract, and we further accept
that the Bank may disqualify us from being awarded a Bank-financed contract for a period of two
years, if it is determined by Dispute Avoidance/Adjudication Board (DAAB) decision that we:

(a) have failed to correct non-compliance with identified SAE/SH Prevention and Response
Obligation; and/or

(b) were non-compliant with such obligations at the time of an alleged incident,

And, in the event of recourse to the Emergency Arbitration provisions under the International
Chamber of Commerce Arbitration Rules, an order to reverse the DAAB Decision is not issued
by the Emergency Arbitrator under the Rules.

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 SEA and/or SH Declaration must be in the name of all members to the Joint
Venture that submits the Bid.]
Section IV - Bidding Forms 107

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 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 Bid- 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:
Total price is: [insert the total price of the Bid in words and figures, indicating the various
amounts and the respective currencies];
(c) Discounts: The discounts offered and the methodology for their application are:
(i) The discounts offered are: [Specify in detail each discount offered]
(ii) The exact method of calculations to determine the net price after application of discounts
is shown below: [Specify in detail the method that shall be used to apply the discounts];
(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].
Section IV - Bidding Forms 108

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 109

Appendix to Financial Part

Schedule of Cost Indexation

The formula for price adjustment shall be of the following general type:

Pn= a + b LLn / LLo + c FUn/ FUo + d CEn/CEo + e RSn/RSo + f CAn/CAo + g GTn/GTo + h

FAn/FAo + i BRn/BRo + j MIn/MIo

where:

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

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

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

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

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

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

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

Z0 = the number of units of currency of the origin of the indices which equal to one unit of the
currency of the Contract Price on the Base date, and
Section IV - Bidding Forms 110

Z1 = the number of units of currency of the origin of the indices which equal to one unit of the
currency of the Contract Price on the Date of Adjustment.

Where:

LL = Local Labor; FU = Fuel; CE = Cement; RS = Reinforcing Steel; CA = Coarse Aggregates

(Stone); GT = Geo Textiles; FA = Fine Aggregates (Sand); BR = Bricks; and MI =
Miscellaneous items

a = fixed component

b = coefficient of local labor

c = coefficient of fuel (diesel)

d = coefficient of cement

e = coefficient of reinforcing steel

f = coefficient of coarse aggregates

g = coefficient of geo-textiles

h = coefficient of fine aggregates

i = coefficient of bricks

j = coefficient of miscellaneous items

Table of Adjustment Data

In Tables A and C below, the Bidder shall (a) indicate its amount of local currency payment, (b)
indicate its proposed source and base values of indices for the different foreign currency elements
of cost, (c) derive its proposed weightings for local and foreign currency payment, and (d) list the
exchange rates used in the currency conversion.

Table A. Local Currency

Price Adjustment shall be applicable to all items works for the specific input of the civil works
provided in the table below. This adjustment shall be applicable from the commencement date.
Section IV - Bidding Forms 111

Index Index Source of index* Base Bidder’s related Bidder’s

code* description* value currency amount proposed
and weighting
date*

- Nonadjustable — — — a: 0.35

LL Local Labor Table 2.12 of 28 days BDT b:

BBS Monthly prior to
Bulletin the bid
[Construction submissi
Industry labor on
rate – Rangpur deadline
Division] date

FU Diesel fuel Price published 28 days c:

by BPC on its prior to
website from the bid
time to time submissi
on
deadline
date

CE Cement Table 3.4 of BBS 28 days d:

Monthly Bulletin prior to
[Selected the bid
Building submissi
Materials – on
Rajshahi deadline
Division] date

RS Reinforcing Table 3.4 of BBS 28 days e:

steel Monthly Bulletin prior to
[Selected the bid
Building submissi
Materials – on
Rajshahi deadline
Division] date

CA Coarse Table 3.4 of BBS 28 days f:

Aggregates Monthly Bulletin prior to
(stone) [Selected the bid
Building submissi
Materials – on
Rajshahi deadline
Division] date
Section IV - Bidding Forms 112

Index Index Source of index* Base Bidder’s related Bidder’s

code* description* value currency amount proposed
and weighting
date*

GT Geo-textiles 28 days g:
prior to
the bid
submissi
on
deadline
date

FA Fine Aggregates Table 3.4 of BBS 28 days h:

(sand) Monthly Bulletin prior to
[Selected the bid
Building submissi
Materials – on
Rajshahi deadline
Division] date

BR Bricks Table 3.4 of BBS 28 days i:

Monthly Bulletin prior to
[Selected the bid
Building submissi
Materials – on
Rajshahi deadline
Division] date

MI Miscellaneous Table 3.10 of 28 days j:

items BBS Monthly prior to
Bulletin [General the bid
Index – Building submissi
Materials Price] on
deadline
date

Total 1.00
Section IV - Bidding Forms 113

The range of coefficients for each index code for each BOQ family is given below from which the
Bidder will choose a figure within the range so that the summation of coefficients for all indexes
under a BOQ family makes it 1.00 or 100%.

Index Code Coefficient BOQ Family No. 1 = General Items (Mobilization and
Administrative type); No. 2 = Protective Works (Compacted
Earthworks); No. 3 = Bed Protection Works (Geo-bags), No. 4 = Pile
Works; No. 5 = Beam and Slab Works; No. 6 = ESCP Works

No. 1 No. 2 No. 3 No. 4 No. 5 No. 6

- a 0.35 0.35 0.35 0.35 0.35 0.35

LL b 0.15~0.25 0.03~0.07 0.07~0.13 0.03~0.08 0.03~0.09 0.07~0.13

FU c 0.12~0.18 0.02~0.07 0.02~0.07 0.02~0.07 0.02~0.07 0.02~0.07

CE d 0.03~0.07 0.05~0.10 - 0.03~0.08 0.07~0.15 0.07~0.15

RS e 0.03~0.08 - - 0.35~0.50 0.25~0.40 -

CA f 0.03~0.07 0.10~0.20 - 0.05~0.15 0.07~0.14 -

GT g 0.02~0.07 0.10~0.20 0.07~0.15 0.03~0.08 0.08~0.15 -

FA h 0.10~0.20 0.01~0.05 - - - -

BR i - 0.10~0.30 0.35~0.60 - - 0.35~0.60

MI j 0.03~0.07 0.03~0.08 0.03~0.09 0.03~0.08 0.02~0.06 0.03~0.09

Total: Σ(a+…+j) 1.0 1.0 1.0 1.0 1.0 1.0

Section IV - Bidding Forms 114

Table C. Summary of Payment Currencies

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

Foreign x%
currency #1

Foreign y%
currency #2

Foreign z%
currency #

Total Bid Price 100.00

Provisional
sums expressed
in local
12,000,000 12,000,000
currency

TOTAL BID
PRICE
(including
provisional
sum)
*Instruction to Bidders: The exchange rate between any foreign currency and BDT to be chosen
by the Bidder in Column B above shall be any rate published by Bangladesh Bank on its website
from the bid publication date to seven (7) days prior to the date of the bid submission deadline.
Section IV - Bidding Forms 115

Units of Measurement
The following units of measurement and abbreviations are recommended for use (unless other
national units are mandatory in the country of the Employer).

Unit Abbreviation Unit Abbreviation

cubic meter cum millimeter mm
hour hr number No.
kilogram kg square meter sqm
lump sum sum Liter ltr
meter m
metric ton t
(1,000 kg)
Section IV - Bidding Forms 116

Bill of Quantities

A. Preamble

1. The Bill of Quantities shall be read in conjunction with the Instructions to Bidders, General
and Particular Conditions, Technical Specifications, and Drawings.
2. The quantities given in the Bill of Quantities are estimated and provisional and are given to
provide a common basis for bidding. The basis of payment will be the actual quantities of work
ordered and carried out, as measured by the Contractor and verified by the Engineer and valued
at the rates and prices bid in the priced Bill of Quantities, where applicable, and otherwise at
such rates and prices as the Engineer may fix within the terms of the Contract.
3. The rates and prices bid in the priced Bill of Quantities shall, except insofar as it is otherwise
provided under the Contract, include all Constructional Plant and equipment, labour,
supervision, materials, erection, maintenance, insurance, profit, taxes, and duties (including all
kinds of taxes for import of any goods and materials), together with all general risks, liabilities,
and obligations set out or implied in the Contract.
4. A rate or price shall be entered against each item in the priced Bill of Quantities, whether
quantities are stated or not. The cost of Items against which the Contractor has failed to enter
a rate, or price shall be deemed to be covered by other rates and prices entered in the Bill of
Quantities.
5. The whole cost of complying with the provisions of the Contract shall be included in the Items
provided in the priced Bill of Quantities, and where no Items are provided, the cost shall be
deemed to be distributed among the rates and prices entered for the related Items of Work.
6. General directions and descriptions of work and materials are not necessarily repeated nor
summarized in the Bill of Quantities. References to the relevant sections of the Contract
documentation shall be made before entering prices against each item in the priced Bill of
Quantities.
7. Provisional Sums included and so designated in the Bill of Quantities shall be expended in
whole or in part at the direction and discretion of the Engineer in accordance with Sub-Clauses
13.4 and 13.5 of the General Conditions except with respect to DAAB Fees and Expenses for
which no instruction will be required from the Engineer.
8. The method of measurement of completed work for payment shall be as follows:
(a) Pile, Beam and Slab Construction (for each Groin): (i) After duly Quality Control of
the pile construction including 1st Beam layer (above LWL), and (ii) After duly Quality
Control of the rest portion of the pile, beam and slab works as per design will be incurred
in subsequent maximum 03 segments. Measurement will consider integration pile system
in each Groin.
(b) Earthwork (Tie Embankment): After duly Quality Control of the full section of 01
segment (maximum 04 segments). Total length of Embankment in 04 segments of its
alignment. The minimum length of each segment shall be 500 m.
(c) Bed Protection (Geo Bag): After duly Quality Control by the Engineer; Geo Bag: Every
60,000 nos. dumped; as per the technical specification and Instructions of the Engineer.
Section IV - Bidding Forms 117

(d) Protective Work between Groins (CC Block): After duly Quality Control by the
Engineer; CC Block: Every 50,000 nos. manufactured; CC Block: Every 100,000 nos.
laid; as per the technical specification and Instructions of the Engineer.

B. Work Items
1. The Bill of Quantities usually contains the following part Bills, which have been grouped
according to the nature or timing of the work:
Bill No. 1—General Items (Mobilization and Administrative type)
Bill No. 2—Protective Works (Compacted Earthworks)
Bill No. 3—Bed Protection (Geo-bags)
Bill No. 4—Pile Works
Bill No. 5 – Beam and Slab
Bill No. 6 – Emergency Protective Works
Bill No. 7 – Grand Summary

2. If BDS-ITB 15.1 (a) applies, Bidders shall price the Bill of Quantities in local currency only
and shall indicate in the Appendix to Bid the percentage expected for payment in foreign currency
or currencies.
Section IV - Bidding Forms 118

Bill of Quantities
Bill No. 1: General Items (Mobilization and Administrative type)
Item no. Description Unit Quantity Rate Amount
(BDT) (BDT)
General Mobilization Items:
1 Erection and maintenance of semi-permanent site Job 2.0
office and removal of the same after completion of
PWD work in accordance with the conditions of Contract.
In addition to the office required for its own use, the
Contractor shall provide and maintain furnished site
01.1.3 office for the use of Engineer-in-charge and his staff.
The site office must have tiles floor, adequate
foundation, brick walls, false ceiling of gypsum
board and all windows are to be glazed, shuttered and
provided with steel grill. Outside and inside wall
surface are to be painted on plaster acceptable to the
Engineer-in-charge. The site office shall be
maintained in secure condition by the Contractor
until the completion of the Contract and shall be
provided with electricity, water supply, washrooms
and sewerage facilities. All doors shall be fitted with
approved locks and windows shall be provided with
curtain/blinds. Before construction the Contractor
shall submit plans and drawings showing proposed
details and location for the site office, including
foundations, access roads, shades, layout of electrical
and water supply and hard standings there for the
approval of the Engineer-in-charge. The Engineer-in-
charge may require revision of the plans prior to
giving approval for construction. The Contractor
shall also submit detailed proposed furniture, fittings
and other items of equipment and plant to the
Engineer-in-charge for approval. These items shall
be of a standard quality suitable for the site. The
office, complete with furnishings, fittings, access
roads and hard standings shall be ready for
occupation by the Engineer-in-charge within 28 days
from the date of taking over the site by the
Contractor. The Contractor shall provide day and
night guards and an attendant for the field office. At
the end of the contract all materials, equipment and
plant, furniture, fittings recovered from dismantling
the office and removing access road will be the
property of the Contractor. No interim payment shall
be certified unless an Engineer’s office with the
required facilities is constructed and accepted by the
Engineer-in-charge.
(This is a time related item; proportionate payment
for this item shall be made distributing in each bill on
the basis of percentage progress of the whole works
under the Contract):

Engineer's site office of minimum 38 sqm plinth area

with providing necessary facilities including office
furniture, 24,000 BTU air cooler, umbrella,
crookeries, water purifier, PC with monitor,
uninterruptible power supply (UPS), laser jet printer
Section IV - Bidding Forms 119

Item no. Description Unit Quantity Rate Amount

(BDT) (BDT)
(minimum 20 ppm), LED flood light fittings
(Halogen) for sight security etc.
2 Providing necessary facilities in the construction site
PWD for maintaining site safety of 30 construction workers
including safety helmet, safety belt, apron, gumboot, set 20
01.1.4.1
goggles etc.

3 Providing necessary facilities at the construction site

PWD for maintaining site safety of 10 no. construction
inspection team members including safety helmet, set 10
01.1.4.2
safety goggles, safety shoe etc.

4 Supplying and providing of first aid box with

necessary materials/medicine (hygienic gown,
PWD thermometer, adhesive dressings, antiseptic
solutions, bandages, cotton balls or swaps, each 5
01.1.4.3 emergency blanket, gloves, hand sanitizer, ice pack,
saline etc.) all complete as per direction of Engineer-
in-charge.
5 Providing and maintenance one project profile
signboards to be placed at a suitable place of the site
PWD including submission of proposals for the materials
of the signboards and text layout containing 3D
picture, safety instructions, project information with
01.1.6 sqm 52.50
security light etc. to the Engineer-in-charge for
approval which will be positioned as directed by the
Engineer-in-charge and removing the same on
completion of the works or as instructed by the
Engineer-in-charge.
6 Providing 3 sets as-built drawings subject to
Engineer’s approval produced in AutoCAD software
PWD in 584.5 mm x 413.5 mm (A-2 size) standard
drawing paper and operating and maintenance
manual of the equipment and plant incorporated in
01.2.1 the works, if any, in original by the date stated in the
particular conditions of Contract (PCC). If the
Contractor does not supply the as-built drawings and
Per/Tender

operating & maintenance manuals by the date stated

in the particular conditions of Contract (PCC), or
1
they do not receive the Engineer-in-charge’s
approval, the Engineer-in-charge shall withhold the
amount stated in the PCC from the payments due to
the Contractor. The as-built drawings must show the
permanent works as actually constructed and reflect
the revision of drawings supplied to the Contractor
during the Contract as well as revisions of drawings
supplied to the Contractor during the Contract.
(One set of as-built drawings shall be considered for
measurement and payment)
7 Preparation and submission of work programme /
schedule to the Engineer-in-charge for approval prior
ground breaking showing the events (works) and
Per/Tender

PWD
successive sub-events of works including all the
management and control parameters like Earliest 1
01.4.1 Start Time (EST), Earliest Finish Time (EFT), float
events on critical path, etc. with description of
general method of works, in orderly manner all in the
form of network diagram prepared in computer
Section IV - Bidding Forms 120

Item no. Description Unit Quantity Rate Amount

(BDT) (BDT)
software like MS project/ Primavera and presenting
in displayable hard and soft copy minimum 3 (three)
sets.
8 Providing all necessary logistic support to frame
‘monthly progress meeting’ between the Contractor/
Contractor’s representatives and the employer /

each
PWD 24
Employer’s representatives at the Engineer-in-
charge's office at site. Month wise documentation
01.5 shall be the basis of payments on this item.
9 Provide Five sets of ASTM Standard sieves (Mesh
(mm). 4.75, 2.36, 1.18, 0.60, 0.30, 0.15, pan and 75,
37.5, . 20, 10 and 5) foreign origin, 5 set (100mm x

item
Analysis 1
Rate 200mm x 300mm) slump cone and 5 set (1 set equal
to 3 nos) cylinder mould (100mmx200mm), 2 nos
Sieve shaker as per direction of Engineer in charge
10 Erection and maintenance of temporary godown for 1
the use of stock materials of geo-bag, the floor area is
12m X 54m and height: 4m, 20 mm thick cement
plaster with neat cement finishing of floor of the
godown after 75 mm BFS, Erection of the godown
with supplying, sizing, placing and driving local hard
wood bullah and barrack bamboo pins in position,
roof truss , perline, tie, bracing, baten with two no.
covering the roof and wall with C.I sheet, 2 no. steel
frame sliding door of size 2.44m x 2.44m etc.,
removal of the same after completion of work
including cost of all materials and equipment and its
mobilization, labour, incidental charges etc. complete
as per technical specification, approved design and
direction of Engineer in charge. (1-nos)
10 Earth filling in foundation trenches and plinth in 150 cum 358.54
mm layer with earth available within 90 m of the
02.13 building site to achieve minimum dry density of 95%
with optimum moisture content (Modified proctor
(PWD) test) including carrying watering, leveling, dressing
and compacting to a specified percentage each layer
up to finished level etc. all complete and accepted by
Engineer-in-charge.
10 One layer brick flat soling in foundation or in floor sqm 1,296.00
with first class/picked jhama bricks (BDS 208)
03.1.1 including preparation of bed and filling the
interstices with local sand, leveling etc. complete and
(PWD) accepted by the Engineer-in-charge
10 Minimum 12 mm thick cement sand (F.M. 1.2) sqm 1,296.00
plaster with neat cement finishing to plinth wall with
15.2 cement (1:4) up to 150 mm below ground level
including washing of sand, finishing the edges and
(PWD) corners and curing at least for 7 days, cost of water,
electricity, scaffolding and other charges etc. all
complete in all respect as per drawing and accepted
by Engineer-in-charge. (Cement: CEM-II/B-M)
ground floor.
10 Supply and installation of 0.457 mm thick corrugated sqm 2,615.72
galvanized iron sheet (Bangladesh made) having min
10.21 weight 63-65 kg per bundle (2'-6" width, 70 – 72 rft
long) fitted and fixed on M.S. sections with 'J' hook
(PWD) or wooden purlin with screws, limpet washers and
Section IV - Bidding Forms 121

Item no. Description Unit Quantity Rate Amount

(BDT) (BDT)
putty etc. (up to level 4) all complete and accepted by
the Engineer-in-charge.
10 Supplying, sizing and placing in position local hard m 477.00
wood bullah such as Sonaligul, Tetul, Jam etc.
40-680 including all taxes and incidental charges (bullah
measured at 1/3rd. length from thick end excluding
the bark) etc. complete as per direction of Engineer
40-680-30 in charge.
Above 15 cm to 18 cm
10 Labour charge for driving local hard bullah such as m 90.00
Sonaligul, Tetul, Jam etc. bullah piles on dry land, by
40-690 monkey hammer etc. complete including charges for
all equipment as per direction of Engineer-in-charge.
40-690-30
Above 15 cm to 18 cm
10 Supplying, sizing and placing of barrack bamboo m 438.00
pins and stays of diameter >= 8.0 cm in position etc.
40-720 complete as per direction of Engineer-in-charge.
40-720-10 Length: >= 4.5 m to <= 6.0 m.

10 Labour charge for driving barrack bamboo pins of m 68.00

diameter >= 8.0 cm, by hammer or monkey hammer,
40-730 as per direction of Engineer in charge.
40-730-30 Length: >= 0.75 m to < 1.50 m, on dry land.

10 Supplying matured seasoned wood and making roof cum 3.06

truss of any size with wall plates as per design
11.4 including supplying, fabricating and hoisting,
scaffolding, fitting and fixing in position with bolts,
(PWD) nuts, painting two coats of coal tar etc. all complete
11.4.1 and accepted by the Engineer-in–charge. (All sizes of
wood are finished).
Garjan / Jam/ Local Sal wood
10 Supplying, fitting and fixing of aluminium sliding sqm 8.82
doors as per the U.S. Architectural Aluminium
14.4 Manufacturer’s Association (AAMA) standard
specification and BDS 1879:2014 having minimum
(PWD) 1.2 mm thick outer bottom (size 75.50 mm, 17.79
14.4.1 mm, 0.47 kg/m), minimum 1.2 mm thick outer top
(size 75.50 mm, 28.50 mm, 0.705 kg/m), minimum
1.2 mm thick shutter top (size 33 mm, 26.80 mm,
0.42 kg/m), minimum 1.2 mm shutter bottom (size
60 mm, 24 mm, 0.589 kg/m), minimum 1.2 mm thick
outer side (size 75.50 mm, 19.90 mm, 0.52 kg/m),
minimum 1.2 mm thick shutter lock (size 49.20 mm,
25.80 mm, 0.543 kg/m), minimum 1.2 mm thick inter
lock (size 34.40 mm, 32.13 mm, 0.562 kg/m)
sections all aluminum members will be anodized to
aluminium bronze/silver/ss/black colour with a coat
not less than 15 micrones in thickness or powder
coated to any colour with a coat not less than 25
micrones in thickness and density of 4 mg per square
cm etc. including all accessories like handle, sliding
door key lock , sliding door wheel, sliding door
mohiar, sliding door neoprene, bolts and nuts
including sealants, keeping provision for fitting 5mm
thick glass including labour charge for fitting of
accessories, making grooves and mending good
Section IV - Bidding Forms 122

Item no. Description Unit Quantity Rate Amount

(BDT) (BDT)
damages, carriage, and electricity complete in all
respect as per drawing and accepted by the Engineer-
in-charge.

Size up to: 2100 mm x 2100 mm

10 0.27 mm thick galvanized iron plain sheet ridging m 110.0
with 300 mm lap on either side fitted and fixed with
10.22 galvanized bolts and nuts etc. all complete and
accepted by the Engineer-in-charge.
(PWD)
10.22.1
Galvanized
Construction Equipment, Plants and Materials:
11 Hiring, installation, testing & commissioning of job 5
CCTV/Surveillance facilities for monitoring
01.1.5 construction site including supply, fixing of 5.0
megapixel IR fixed bullet network IP camera
(PWD) including lens, bracket, housing with outdoor night
vision facilities, full HD 1080 pixel, real time video,
network video recorder (NVR) , 2 TB HDD for NVR
, 4/8/16/32 port PoE switch, 32"/42" Full HD CCTV
monitor, cable & accessories, internet connection with
operation & maintenance cost throughout contract
completion period, refitting & re-fixing with progress
of construction all complete as per direction of
Engineer-in-charge.
11 Providing coloured progress picture & video of works, month 18
CCTV monitoring system operation and related data
processing, regular data updating & all other relevant
01.3.1 works regarding online monitoring system etc.
(PWD)
12 Operate, hire charge of electrification (Generator month 18
capacity-10kVA) as stated in the Technical
Analysis Specification and in the contractor’s Method
Rate Statement and as per direction of Engineer in charge.

Name Plate and Km. Post:

13 Earth work in excavation in all kinds of soil for cum 6.56
foundation trenches including layout, providing
02.1 center lines, local bench-mark pillars, levelling,
ramming and preparing the base, fixing bamboo
PWD spikes and marking layout with chalk powder,
providing necessary tools and plants, protecting and
maintaining the trench dry etc., stacking, cleaning the
excavated earth at a safe distance out of the area
02.1.2 enclosed by the layout etc. all complete and accepted
by the Engineer-in-charge, subject to submit method
statement of carrying out excavation work to the
Engineer-in-charge for approval. However,
engineer’s approval shall not relieve the Contractor
of his responsibilities and obligations under the
contract.

Earthwork in excavation in foundation trenches up to

1.5m depth and maximum 10m lead
14 Centering and shuttering, including strutting, sqm 31.44
propping etc. (The formwork must be rigid enough
Section IV - Bidding Forms 123

Item no. Description Unit Quantity Rate Amount

(BDT) (BDT)
07.12 both in and out of plane, to make the concrete surface
PWD true to the designed shape and size by using
necessary MS sheets of minimum 16 BWG, angles of
minimum size 40 mm x 40 mm x 5 mm, flat bars
07.12.4 etc.) and removal of form for:
Pedestal, column, column capital, lift wall and wall
up to ground floor
15 Lean/ blinding concrete (1:3:6) in foundation or in cum 2.89
floor with cement, sand (F.M. 1.2) and picked jhama
03.4 brick chips including breaking of chips, screening,
mixing, laying, compacting to required level and
PWD curing for at least 7 days including the supply of
water, electricity, costs of tools and plants and other
03.4.1 charges etc. all complete and accepted by the
Engineer-in-charge. (Cement: CEM-II/B-M)
Lean/ blinding concrete in foundation (1:3:6) with
cement, brick chips and sand of F.M. 1.2
16 Reinforced cement concrete works with minimum cum 0.74
cement content relates to mix ratio 1:2:4 having
07.1 maximum water cement ratio = 0.45 and minimum
f'cr = 26 MPa, satisfying a specified compressive
PWD strength f'c= 19 MPa at 28 days on standard cylinders
as per standard practice of Code ACI / BNBC,
07.1.2 cement conforming to BDS EN-197-1-CEM-I,
52.5N, best quality sand [50% quantity of best local
sand (F.M. 1.2) and 50% quantity of Sylhet sand or
coarse sand of equivalent F.M. 2.2] and 20 mm down
well graded picked jhama brick chips conforming to
ASTM C-33 including conducting necessary tests,
breaking chips and screening, making and placing
shutter in position maintaining true to plumb, making
shutter water-tight properly, placing reinforcement in
position; mixing in standard mixer machine with
hopper fed by standard measuring boxes, casting in
forms, compacting by vibrator machine and curing at
least for 28 days, removing centering-shuttering after
specified time approved; including cost of water,
electricity, other charges etc. all complete, approved
and accepted by the Engineer-in-charge. (Rate is
excluding laboratory test fees, the cost of
reinforcement and its fabrication, placing, binding
etc. and the cost of shuttering & centering
Pedestal, column, column capital, lift wall and wall
up to ground floor
17 Supplying, fabrication and fixing to detail as per kg 83.51
08.1 design : ribbed or deformed bar reinforcement
PWD (excluding laboratory test fees) for Reinforced
concrete, produced and marked in accordance with
BDS ISO 6935-2:2016 (or standard subsequently
08.1.1 released from BSTI) including straightening and
cleaning rust, if any, bending and binding in position
with supply of G.I. wires, conducting necessary
laboratory tests etc. (excluding splices or laps)
complete in all respect and accepted by the Engineer-
in-charge (Measurement shall be recorded only on
standard mass per unit length of bars, while dia of
bars exceeds its standard).
Section IV - Bidding Forms 124

Item no. Description Unit Quantity Rate Amount

(BDT) (BDT)

Grade 300 (B300DWR: complying BDS ISO 6935-

2:2016 / ASTM A615) ribbed or deformed bar
produced and marked according to Bangladesh
standard, with minimum yield strength, fy (ReH)=
300 MPa but fy not exceeding 350 MPa and
whatever is the actual yield strength within allowable
limit as per BNBC/ ACI 318, the ratio of ultimate
tensile strength fu to yield strength fy, shall be at
least 1.25 and minimum elongation after fracture and
minimum total elongation at maximum.
18 Exterior standard acrylic emulsion paint of approved sqm 17.93
best quality and color having water resisting
16.1.1 properties and resistance properties against fungi,
fading & flaking delivered from authorized local
PWD agent of the manufacturer in a sealed container;
applying to exterior surface with surface preparation
including cleaning, drying, making free from dirt,
grease, wax, removing all chalked and scaled
materials, fungus, mending good the surface defects
using sand paper and necessary scaffolding; applying
necessary exterior sealer of specified brand on
prepared surface; then applying necessary exterior
putty of specified brand for levelling, spot filling,
crack filling and cutting by sand paper/zero water
paper; finally applying 2 coats of exterior emulsion
paint spreading by brush/roller/spray & necessary
scaffolding etc. up to desired finishing, elapsing
specified time for drying or recoating; all complete in
all floors and accepted by the Engineer-in-charge
19 Sub-soil investigation by 100 mm dia wash boring
and/or by CPT, DCP etc. including collecting
31.2 disturbed and undisturbed soil samples in numbers as
required for classification of soil, conducting SPT,
(PWD) stratification of layers, analyzing physical parameters
of soils like Atterberg limit, specific gravity, grain
size distribution (by Wet Sieve, Hydrometer if
required), ground water table location, direct shear
test, unconfined compression test, unit weight
(dry/wet), natural moisture content, c- values and
other strength parameters to ascertain bearing
capacity, skin friction, end bearing etc. at every 1.5m
interval as per respective national/international
standards and entering all these data/information in
necessary tables and graphs and finally furnishing
them in the form of standard sub-soil investigation
report duly signed by competent engineer and
exploratory office.
19-i Bore Hole depth from 0 to 20 m Each 15
31.2.1
19-ii Additional Charge for Bore Hole depth above 20.0 to Each 15
31.2.2 30.0 m
19-iii Additional Charge for Bore Hole depth above 30.0 to Each 15
31.2.3 40.0 m
20 Bench Mark Pillar: Manufacturing, supplying & No. 5
fixing in position RCC (1:2:4) Bench Mark Pillars of
size 150mm x 150mm x 750mm, with 400mm x
Section IV - Bidding Forms 125

Item no. Description Unit Quantity Rate Amount

(BDT) (BDT)
"1.08 400mm x 100mm base having 3 nos. 10mm dia MS
(LGED)" bar each way at base, 4 nos. 10mm dia vertical bar and
04-120 8 nos. 6mm dia tie, including cost of form works,
concreting, reinforcement, plastering at top, inscribing
on exposed surface, finishing surface, curing, earth
cutting, embedding 450mm below GL., backfilling,
ramming etc. complete as per direction of E-I-C.

Total for Bill No. 1

(carried forward to Summary, p. )
Section IV - Bidding Forms 126

Bill No. 2: Protective Works (Compacted Earthworks)

Item no. Description Unit Quantity Rate Amount

(BDT) (BDT)
Earthwork Protective Work between Groins:
1 Earth work in cutting and filling of eroded bank of cum 162559.600
40-920-00 river, channel etc. to design slope, including
levelling, dressing and compacting the earth in
150mm layers and preparation of the base for bank
protection work and use the excess material for
filling the ditches on the bank within 50 m or
specified in the drawing, if no ditches to be filled
then excess material shall be disposed of at least 100
m from the bank line on C/S etc. complete as per
direction of Engineer-in-charge.
2 Earth work by Carried Earth (by truck/boat or any
BWDB other means) supplied at Contractor's own cost
16-210 (including royalty) in resectioning of embankment/
canal bank/ river slopes/ road/ compound etc.
manually compacted by 7.0 kg iron rammer to avoid
any air pocket with clayey soil (minimum 30% clay,
0-40% silt, 0-30% sand) beyond the initial lead of
300m and all lifts including throwing the spoils to
profile in layers not exceeding 150mm thickness
with clod breaking to a maximum size of 100mm,
removing roots and stumps of trees of girth up to
200mm from the ground, benching the side slopes,
stripping/ ploughing the base of embankment and
borrow pit areas, dug bailing, bail out of water,
rough dressing including 150mm cambering at the
center of the crest (where necessary) etc. complete
as per direction of Engineer-in-charge.
16-210-10 0.300 km. to 1.00 km cum 16739.600
16-210-20 1.00 km. to 5.00 km cum 16739.600
3 Supplying and placing non-woven needle punched sqm 76,002.446
type geotextile fabric (100% Polypropylene Fabric,
BWDB unit weight : 855 Kg/m3 to 946 Kg/m3) as filter
materials of elongation at maximum force machine
direction (MD) >=60% and <= 100 % , elongation at
40-500 maximum force (CMD) => 40% and <= 100%,
horizontal and vertical permeability (under 2 kn/m²
pressure)=>2x10E-3 m/sec. for effective erosion
protection in hydraulic structures/river training
works including local handling, placing in position,
providing machine seamed joints (with 100%
polypropylene or nylon thread) or 35cm lap in dry
condition or minimum 100cm lap under water
40-500-40 including protecting the geotextile material from UV
ray and from any other damages including supply of
all materials, labours, equipment etc. complete as
per direction of Engineer-in-charge. (Geotextile
delivered at site should be certified by ISO and
clearly labelled with brand name and grade printed
at regular intervals across the body of the fabric).

Mass =>400 gm/m², thickness (Under 2 kpa

pressure) =>3.00 mm, EoS<=0.08mm, strip tensile
Section IV - Bidding Forms 127

Item no. Description Unit Quantity Rate Amount

(BDT) (BDT)
strength =>23 kn/m, grab strength =>1500 N, CBR
puncture resistance =>3800 N.
4 Fine dressing and close turfing of the slopes and the sqm 15,974.917
crest of embankment with 75mm thick, good quality
BWDB durba or charkanta sods of size 200mm x 200mm,
with all leads and lifts, including ramming, watering
until the turf grows properly, maintaining etc.
48-100 complete (measurement will be given on well grown
grass only), as per direction of Engineer in charge.
5 Providing clay blanket/clay core by carried earth cum 2,760.738
supplied at Contractor's own cost (including royalty)
BWDB in different thickness over embankment crest and
side slopes/embankment core/bed and slope of
irrigation canal/crest and side slopes of irrigation
16-310 canal dykes etc. with selected clay (clay content
minimum 80% and silt content maximum 20%)
including throwing clay in layers not exceeding
16-310-10 150mm in thickness, clod breaking, benching the
side slopes, and compacting to 85% maximum dry
density at optimum moisture content with suitable
equipment, dressing etc. complete (clay blanket
should be extended up to 0.5m below the berm on
the outside of embankment/ irrigation canal dyke
etc.) as per design, specification and direction of
Engineer-in-charge.

Clay blanket/core; carried by head load :0.0m to

300m.
6 Supplying, filling and placing of geo-textile bags of each 139,725
different sizes and capacity at project/work site,
BWDB making with standard geo-textile fabric (97%
Polypropylene Fabric with 3% additives, mass>=
400gm/m², unit weight : 855 Kg/m3 to 946 Kg/m3,
40-380-00 EOS<=0.075 mm, Test of service life according to
ISO 13438:2018, Test of exposure time according to
EN 12224 :2000) and sewing in accordance with the
40-380-10 drawing and Technical Specifications of BWDB and
Schedule of Rates of BWDB, filling with sand (dry
and minimum 80% sand must be retained on sieve
no 100), sewing along one transverse (top) side after
filling, staking in measurable/countable stakes,
marking by synthetic enamel paint during counting,
placing in position as per approved drawing
including levelling, dressing and preparation of
base, cost of all materials & equipment and its
mobilization, labour, incidental charges etc.
complete as per technical specification, approved
design and direction of Engineer in charge.

Geo-bag; inner size:1200mmx950mm, outer

size:1250mmx1000mm, geo-fabric th.=>3.0mm, Fill
Vol: 0.1664cum; wt.: 250kg.
7 Supplying and laying sand as filter layers as per cum 7,235.74
specific size ranges and gradation including
40-550 preparation of surface, compacting in layer etc.
complete with supply of all materials and as per
direction of Engineer in charge.
Section IV - Bidding Forms 128

Item no. Description Unit Quantity Rate Amount

(BDT) (BDT)
40-550-30 FM: 1.0 to 1.5
8 Supplying and laying dry 1st class or pick jhama cum 7,235.74
chips as filter in two layers (top and bottom) as per
40-520 specific size, range and gradation, including
breaking chips, grading, preparation of surface,
compacting each layer etc. complete with supply of
all materials and as per direction of Engineer in
40-520-30 charge:
Well graded between 20mm to 5mm size.
(Combination of sub-item 10 & 30 or 20 & 30 shall
be used)
9 Manufacturing and supplying C.C. blocks in leanest
mix. 1:2.5:5 with cement, sand (FM>=1.5) and
40-190 Stone Chips (40mm downgraded) to attain a 28 days
cylinder strength of 12 N/mm² including grading,
washing stone chips, mixing, laying in forms,
consolidation, curing for at least 21 days, including
preparation of platform, shuttering (steel shutter to
be used) and stacking in measurable stacks, cost of
all materials and charges, etc. complete as per
direction of Engineer-in-charge.
40-190-06 Block Size: 40cm x 40cm x 40cm. No. 43,0443.00
40-190-15 Block Size: 50cm x 50cm x 50cm. No. 33,355.00
10 Labour charge for protective works in laying CC cum 31,717.73
blocks of different sizes including preparation of
40-270 base, watering and ramming of base etc. complete as
per direction of Engineer-in-charge.

40-270-20
200 m to 500 m

Total for Bill No. 2

(carried forward to Summary, p. )
Section IV - Bidding Forms 129

Bill No. 3: Bed Protection (Geo-bags)

Item no. Description Unit Quantity Rate Amount

(BDT) (BDT)
1 Supplying of geo-textile bags (empty) of different each 177,174
BWDB sizes and capacity at project/work site, making the
bag with standard Geo-Textile fabric (100%
Polypropylene Fabric, mass>= 400gm/m², unit
40-320 weight : 855 Kg/m3 to 946 Kg/m3, EOS<=0.075
mm) and sewing in accordance with the detailed
40-320-10 drawing and Technical Specifications included in
the Tender Document and Schedule of Rates of
BWDB, protecting the geo-textile bags from UV ray
or any other damages including cost of all materials,
labours, incidental charges etc. complete as per
direction of Engineer in charge.

Geo-bag; inner size:1200mmx950mm, outer

size:1250mm x 1000mm, geo-fabric th.=>3.0mm,
Fill Vol: 0.1664 cum; wt.: 250kg.
2 Filling and dumping of geo-textile bags of different each 177,174
BWDB sizes and capacity at project/work site, protecting
from UV ray or any other damages, filling with sand
(dry and minimum 80% sand must be retained on
40-330 sieve no 100), sewing along one transverse (top)
side after filling, staking in measurable/countable
40-330-10 stakes, marking with synthetic enamel paint during
counting, dumping from properly positioned and
anchored flat top barge/pontoon over an area as per
drawing, maintaining and recording the dumping
position of the barge/pontoon using total station
including loading, unloading, sequential piling of
geo-bags on the dumping edge of barge/pontoon,
cost of all materials and equipment and its
mobilization, labour, incidental charges, etc.
complete as per technical specification, approved
design and direction of Engineer-in-charge. [fill
volume and weight will be measured after filling
with dry sand]

Geo-bag; inner size:1200mm x 950mm, outer

size:1250mm x 1000mm, geo-fabric th.=>3.0mm,
Fill Vol: 0.1664cum; wt.: 250kg.

Total for Bill No. 3

(carried forward to Summary, p. )
Section IV - Bidding Forms 130

Bill No. 4: Pile Works

Item no. Description Unit Quantity Rate Amount

(BDT) (BDT)
Construction of Pile (40-60m, 2-3 Rows, 593
Nos.):
1 Erection of bamboo profile with full bamboo Nos. 11.00
16-100 posts and pegs not less than 60mm in diameter
and coir strings etc. complete as per direction of
Engineer in charge.
2 Permanent Casing: Supplying, fabricating and
4.07.06 placing in position permanent Steel casing
LGED conforming to ASTM A 36/ AASHTO M 183
for RCC bored cast-in-situ piles of specified
diameters (internal) to a depth as shown in
approved construction drawings including
lowering & pitching the fabricated casing in
position, driving the casing below bed level
through all types of
soil/clay/boulders/weathered or fissured or hard
rock, fixing the casing in position with
necessary lateral bracings (if required) etc. for
stability until completion of all deck works, gas
cutting, bending, welding at fabrication shop &
site, painting with Red Oxide paint, transporting
from fabrication shop to site, unloading at site,
driving of casing, all sorts of labour, materials,
tools, equipment, fuel, taxes etc. all complete as
per design, drawing, specification & direction of
Engineer-in-charge. Only length of steel casing
driven as per drawing will be paid, wastage shall
not be paid. All longitudinal and transverse
welds shall be made with full penetration butt
welds and adjacent segments shall be rotated 90
degree relative to each other so that longitudinal
welds on the fabricated casing are staggered.
The outside surface of the permanent casing
shall receive two coats of anti-corrosion tar type
paint which shall be approved by the Engineer-
in-charge and it's application shall follow the
manufacturer's instructions. If the handling,
transportation, driving arrangement require a
greater thickness to avoid deformation or
buckling of casing, the increase in thickness
shall be provided by the contractor at his own
expense
(BWDB 750mm diameter and 8mm thick wall m 1184.280
Analysis
Rate)
4.07.06.06 900mm diameter and 8mm thick wall m 3739.200
3 BCIS: Boring for cast-in-situ piles up to the required
LGED depth and specified diameter with driving temporary
4.07.01 steel casing (shall be 8mm thick with necessary
Section IV - Bidding Forms 131

09.2 stiffener bands and sharp edge at bottom and

provided up to non-collapsible strata from the
existing ground level but not less then 4.0 m) in all
types of soils including min. 2-chamber slurry tank,
drilling with bentonite circulation (Dry Bentonite
powder of liquid limit of minimum 350 shall be
mixed with water @ minimum 4% by weight to make
the fresh drilling fluid of viscosity between 3250
seconds and density less than 1.1gm/cc), maintaining
fluid level inside casing at all time at least 2 m higher
than outside the casings, washing bore hole by air lift
cleanup method with fresh bentonite slurry until the
slurry from bore hole bottom have density less than
1.15gm/cc and sand content is less than 4%, make the
bore hole ready for concreting including
disposal/removal of all bored material, hire charge of
mechanical winch machine/ skid mounted
mechanical table drive rotary/ hydraulic rotary boring
equipment, derrick, trimie pipe, cost of fuel,
lubricant, mobilization, demobilization, spares,
insurance coverage, water, electricity and other
charges all complete as per design, drawing,
specification and direction of E-I-C. Contractor shall
submit the methodology of cast-in-situ pile work
including information on boring equipment, sequence
ofboring & casting, quality control, disposal of spoils,
test result of materials to the E-I-C for approval
before commencing any boring operation. Boring and
excavation for a pile shall not commence until 24
hours after completion of any pile within radius of 6
meters c/c. Cost of collecting, conveying, loading,
transportation of spoils/mud accumulated during
boring of cast-in-situ pile with all lifts and lead is
included in this unit rate. The spoils must be dumped
in an unobjectionable place outside the site premises
with minimum traffic disruption and the procuring
entity will not be responsible for any irregularities by
the party regarding dumping of the spoils. Note:
Boring method shall be selected as per instruction
given in the drawing.
(BWDB m
Analysis 750 mm diameter 10221.870
Rate)
4.07.01.03.0 m
3
900mm diameter 16229.280

Formwork for making ‘fair-faced’ surface of the sqm

concrete as per design, drawing and direction of
4 Engineer-in-charge. (The formwork must be rigid
PWD enough both in and out of plane, to make the 9259.062
07.17 concrete surface true to the designed shape and size
by using necessary MS sheets of minimum 10
BWG, angles of minimum size 50 mm x 50 mm x 6
mm, flat bars, formwork releasing agent etc.)
RCC-25SCBP: Reinforced cement concrete work for cum
cast-in-situ pile with minimum cement content relates
5 to mix ratio 1:1.5:3 and maximum water cement ratio
LGED 0.4 having minimum required average compressive 16116.760
4.07.04 strength, f'cr = 33.5 MPa and satisfying a
compressive strength f'c = 25 MPa at 28 days on
standard cylinders as per standard practice of code
Section IV - Bidding Forms 132

AASHTO/ ASTM and cement conforming to BDS

EN 197-1 : 2003 CEM-II/A-L/M/V/W 42.5N, high
range water reducing admixture of complying type A,
F or G under ASTM C 494 (Doses of admixture to be
fixed by the mix design), sand of minimum FM 2.5
and 20mm down well graded crushed stone chips
broken from boulders (Preferably stone chips from
Madhyapara, Dinajpur, LAA value not exceeding 30)
conforming to ASTM C 33, including breaking chips,
screening through proper sieves, placing &
maintaining re-bar cage in position, jointing
longitudinal bars by welding or re-bar coupling
method, placing and removing tripod/ derrick as per
requirement, mixing in mechanized batch mix plant
& pumping using line pump or boom placer,
maintaining allowable slump of 150mm to 200mm,
placing a sliding plug or barrier to prevent direct
contact between the first charge of concrete in the
pipe of the tremie and the water of drilling fluid,
pouring the concrete in bore hole with the help of
trimie pipe, maintaining the trimie pipe immersed in
concrete by at least 1.5m throughout the period of
concreting etc. including cost of all materials, labour,
equipment and all incidental charges but excluding
the cost of reinforcement and its fabrication, welding,
coupling and placing etc. all complete as per design,
drawing, specifications and direction of the E-I-C.
The contractor shall maintain a continuous record of
the volume of concrete used and the level of the
concrete in the pipe. Any deviations from the
theoretical, or expected, volume/ level relationship
shall be immediately reported to the E-I-C.
Additional quantity of cement to be added if required
to attain the specified strength to be provided by the
contractor at his own cost. [Using Batching Plant,
Transit Mixer, Concrete Pump and bulk rate of
Cement]
Welding: Providing and making specified welding
conforming to AWS D1.4 by electric arc welding for
construction of cast-in-situ bored pile carefully with
highly oxidized electrodes making the points
6
prominent and accepted by the Engineer-in-charge.
LGED
4.07.07 The cost of all materials, labour, tools and plants,
electricity and all equipment is included in this unit
rate. Welding shall be carried out under the
continuous direction of an experienced and
competent superisor.
SW: spot/tack welding at contact point of the spirals each
at reasonalbe intervals with the main vertical
4.07.07.01 4097784
reinforcements of re-bar cage to be placed in
borehole.
Supplying, fitting and fixing mechanical couplers of
various diameter firming to ACI/ AASHTO having
minimum connection strength at least 125% of
7 nominal yield strength, fy of the reinforcing bars
LGED including fitting & fixing in proper position as shown
4.11.04 in drawing and attach to the reinforcement bars by
thread, cold swaging and extrusion or hot forging
including cost of all materials, labors, equipment,
tools etc. all complete as per design, drawing and
direction of the E-I-C. All operations relating to
Section IV - Bidding Forms 133

reinforcement coupling shall be done using supplier's

petented machine/equipment and in the presence of
the supplier's representative. The contractor shall
submit relevant trade literature, mill certificates,
certificate of origin and letters of approval for each
proposed application. A sample of each type of
mechanical coupler shall be submitted for testing and
approval prior to the use of any coupler in the works

4.11.04.01 For 25mm diameter rebar Coupler each 42900.000

8 Removing of spoils / mud accumulated during cum 44519.670
LGED boring for cast in situ pile by wash boring from
5.23.03.01 working site to a safe distance by contractor’ s own
arrangement i.e. with container set in truck or on
cart including loading, unloading everything
complete as per standard practice and accepted by
the Engineer-in-charge. (Quantity should be given
three times of solid volume of boring)
9 SLT: Conducting static load test as per ASTM D
LGED 1143 or equivalent standard for the cast in situ/ pre-
4.07.23 cast pile providing required land development (earth
exavation, sand filling, sub-base, cement concrete
work, bullah palisading etc.), Crib wall (sand bags,
brick works, CC blocks etc.) depending on test
loading, scaffolding, bracing, jacks, pressure test
gauge, loading unloading, arranging other necessary
plants and equipment including staging,
mobilization, demobilization, cost of empty gunny/
fertilizer/ plastic bag, concrete block/ steel sheet, sand
and filling sacs/ empty gunny/fertilizer/plastic bags,
switching, loading and unloading, record readings
and preparation of results in standard forms and other
incidental charges as per standard practice and
procedures including submission of load test report,
furnishing all graph and chart etc. complete in all
respects approved and accepted by the E-I-C. Before
commencing load test, Contractor shall submit
methodology along with combined calibration report
for conducting load test to the E-I-C for approval. The
Testing firm will be selected taking prior approval of
procuring entity.The methodology of static load test
and driving logs/ boring & pouring logs shall be the
part of test report. Load Test and Report shall be
conducted under the supervision of a professional
Geotechnical Engineer registered in the Bangladesh
Professional Engineers Registration Board (BPERB),
Institute of Engineers Bangladesh (IEB). [Cost of
Combined Calibration Test (Hydraulic Jack, pressure
gauge & electric/hydraulic pump) has been included
in all sub-items.]
4.07.23.04 Above 175 MT and up to 225 MT each 6.000
10 "PDA (Pile Driving Analyzer) Test: Performing high-
LGED strain dynamic testing on piles in accordance with
4.07.23 ASTM D 4945 (Standard Method for High-Strain
Dynamic Testing of Deep Foundation) to evaluate
integrity of the hardened pile using pile driving
analyser by impacting a weight of atleast 1.5% to 2%
of required ultimate pile bearing capacity with a fall
varying from 1m to 3m including preparing head,
providing ply and sheet plates, fixing atleast 2 pairs
Section IV - Bidding Forms 134

of strain & acceleration sensors at diametrically

opposite sides, experts, labour, mobilization,
demobilization, data acquisition, CAPWAP analysis,
integrity, interpolation, preparation of results in
standard forms etc. complete in all respects approved
and accepted by the E-I-C. Routine test samples shall
be chosen by E-I-C on random basis. Before
commencing PDA test, Contractor shall submit
methodology for conducting test to the E-I-C for
approval. The report should include true static
capacity of the pile at the time of testing, simulated
static load test curve, total skin variation along the
length of pile, skin friction variation along the length
of the pile, compressive and tensile stressses
developed in pile during testing, net and total
displacement of the pile & pile integrity.The Testing
firm will be selected taking prior approval of
procuring entity. All PDA testing shall be performed
and analyzed under the supervison of a professional
geotechnical engineer registered in the Bangladesh
Professional Engineers Registration Board (BPERB),
Institute of Engineers Bangladesh (IEB).
4.07.27.02 :For test load 101 MT to 300 MT"
4.07.27.02. Only one pile at a site to test in single run each 5.00
01
11 "Supplying and fabrication of Ribbed or deformed
LGED bar reinforcement for all types of RCC work
4.11.01 including straightening, removing ruts, cleaning,
cutting, hooking, bending, lapping and/or welding
wherever required as directed, placing in position,
tieing with 22 BWG black annealed binding wire
(PVC coated in case of FBEC rebar) double fold, cost
of binding wire and anchoring to the adjoining
4.11.01.02 members wherever necessary, supplying and placing
with proper cover blocks (1:1), supports, chairs,
spacers, splices or laps etc. including cost of all
materials, cost of labour, cost of equipment &
machinery, loading and unloading, transportation, all
other incidental charges and work at all leads and lifts
etc. to complete the work as per design, drawing,
specifications and direction of the E-I-C.
Measurement relating to nominal mass, dimensions
and tolerances of various types of steel shall conform
to relevant BDS/ ASTM codes. Reinforcement shall
be measured only in lengths of bar as actually placed
in position on standard weight i.e. 7850 kg/m3
(BNBC Table 6.2.1) basis. No separate payment shall
be allowed for chairs of any shape & profile, spacer
bar of any shape & profile, lap/splice & welding
unless otherwise shown in the drawing, wastages,
binding wire etc. as the cost of these is included in the
unit rate
Note: Tests for reinforcing bars shall be conducted at
LGED/ BUET/ CUET/ KUET/ RUET/SUST."

Grade B400C-R/ B400CWR/ 400DWR: Ribbed or

Deformed bar produced and marked as per BDS ISO
6935-2:2016 with minimum yield strength, fy (ReH)
= 400 MPa, but the tested yield strength shall not
exceed fy by more than the 125 MPa and the ratio of
Section IV - Bidding Forms 135

tested ultimate strength, fu (Re) to tested yield

strength (fy) shall be at least 1.25 and minimum
elongation after fracture (A5.65) & minimum total
elongation at maximum force (Agt) is 17% and 8%
respectively.
4.11.01.02. Using bulk rate of reinforcing bar kg 2521454.3
02
12 Making arrangement of barge of required size &
4.05.07 capacity for construction of cast-in-site bored piles /
LGED pre-cast pile at pier locations in river/channel having
water depth more than 3.0m. including mobilization
and demobilization, setting of piling rigs, fuel,
lubricants, other incidentals
4.05.07.04 Size: 36.5m x 12.0m, Loaded Draft: 2.4m/1.8m, each/ 25
Carrying capacity: month
400 MT
13 Hire charge of Tug boat/Work Boat 1200 Hp day 750
70-035(E/R)
Analysis
Rate
14 Hiring of Speed boat/Engine boat (With roof Cover,
04-720-00 Life Jacket) in a tip top condition during travelling to
different field offices or to different construction sites
or any other official use, meeting, discussion or any
other matters including driver (minimum 5 years of
driving experience having valid driving license) and
necessary maintenance of vehicle etc. complete as per
direction of Engineer in charge.
04-720-40 Speed Boat hrs 2880
04-720-50 Engine Boat hrs 2880
Cost of Fuel, Lubricant etc. for Speed Boat/Engine
15 Boat with roof cover, life jacket for travelling to
different field offices or to different construction sites
04-750-00 or any other official use etc. complete as per direction
of Engineer in charge.
04-750-10 Speed Boat hrs 540
04-750-20 Engine Boat hrs 1080
16 Supply of Diesel/ Fuel for tug boat ltr 750000
20-
245(E/R)
Analysis
Rate
17 Supply of Lubricant (Higher Grade of viscosity), Best ltr 9375
20- Quality
310(E/R)
Analysis
Rate
Making temporary artificial island in river/ channel
required for cast-insitu bored pile with supplying and
driving bamboo posts of 75 to 100mm diameter at
18 specified spacing up to required depth with nails,
LGED driving additional gazari/ shalbullah posts of 150 to
4.05.06 175mm diameter at specified spacing up to required
depth & half split bullah bracing at top level for
longer depth, dram sheet walling & internal cross tie
by re-bar with specified diameter & spacing and all
Section IV - Bidding Forms 136

other necessary iron fitting, earth arrangement and

carried by contractor by any means including cost of
all materials required for the work and maintaining
the same till the completion of the work for which the
island is made. The structures are to be completely
removed on completion of thework and the cost is
inclusive of this element also.
4.05.06.02 For depth above 2.0m: Spacing of bamboo post: close
hole, spacing of Gazari/ Shalbullah posts: 1m c/c,
internal cross ties: 16mm dia. Rebar at alternate
bullah post.
4.05.06.02.0 Size of Island: 11m x 15m each 5.00
1
19 Labour for breaking head of hardened cast-in-situ cum 5.97
LGED bored pile/ precast piles to the correct lines and levels
4.07.08 from the top of the piles to the cut-off level as
indicated in the approved drawing and exposing pile
reinforcement for embedment in pile cap by any
means and disposal of the debris to an
unobjectionable place outside the site premises
including scrapping and removing concrete from
steel/ MS rods, straightening and bending of pile bars,
preparation and making of platform where necessary,
carrying, all sorts of handling, stacking the same
properly after clearing, leveling and dressing the site
and clearing the river bed, etc. all complete as per
direction of the E-I-C. Measurement will be given for
the actual pile head volume to be broken.The debris
from pile chipping shall be disposed outside the site
premises at an environmentally safe place with
minimum traffic disruption and procuring entity will
not be responsilbe for any irregularities by the party
regarding dumping of the debris. [PWD 09.7)

Total for Bill No. 4

(carried forward to Summary, p. )
Section IV - Bidding Forms 137

Bill No. 5: Beam and Slab

Item no. Description Unit Quantity Rate Amount

(BDT) (BDT)
Construction of Beam-Slab Framework (220m –
350m, 5 Nos.):
1 Reinforced cement concrete works with minimum
cement content relates to mix ratio 1:1.5:3 having
PWD maximum water cement ratio = 0.40 and minimum
f'cr = 33.5 MPa, satisfying a specified compressive
strength f’c = 25 MPa at 28 days on standard
07.3 cylinders as per standard practice of Code
ACI/BNBC/ASTM, Cement conforming to BDS
EN-197-1-CEM-I, 52.5N (52.5 MPa)/ ASTM-C 150
Type – I, best quality Sylhet sand or coarse sand of
equivalent F.M. 2.2 and 20 mm down well graded
stone chips conforming to ASTM C-33 (Aggregate
grading as per table shown in technical
specification), conducting necessary tests, making
and placing shutter in position and maintaining true
to plumb, making shutter water-tight properly,
placing reinforcement in position; mixing with
standard mixer machine with hopper, fed by
standard measuring boxes, casting in forms,
compacting by vibrator machine and curing at least
for 28 days, removing centering-shuttering after
specified time approved; including cost of water,
electricity, other charges etc. all complete, approved
and accepted by the Engineer-in-charge. (Rate is
excluding laboratory test fees, the cost of
reinforcement and its fabrication, placing, binding
etc. and the cost of shuttering & centering)
07.3.3 Girder, tie beam, deck slab and rectangular beam cum 9,095.271
2 FORM WORK (Steel)
PWD
Centering and shuttering, including strutting,
07.12 propping etc. (The formwork must be rigid enough
both in and out of plane, to make the concrete
surface true to the designed shape and size by using
necessary MS sheets of minimum 16 BWG, angles
of minimum size 40 mm x 40 mm x 5 mm, flat bars
etc.) and removal of form for:
07.12.7 Deck Slab sqm 15104.828
07.12.6 Girder, tie beam and rectangular beam sqm 49715.652
3 Supplying and fabrication of Ribbed or deformed
bar reinforcement for all types of RCC work
LGED including straightening, removing ruts, cleaning,
cutting, hooking, bending, lapping and/or welding
4.11.01 wherever required as directed, placing in position,
tieing with 22 BWG black annealed binding wire
(PVC coated in case of FBEC rebar) double fold,
cost of binding wire and anchoring to the adjoining
members wherever necessary, supplying and placing
with proper cover blocks (1:1), supports, chairs,
spacers, splices or laps etc. including cost of all
materials, cost of labour, cost of equipment &
machinery, loading and unloading, transportation,
Section IV - Bidding Forms 138

all other incidental charges and work at all leads and

lifts etc. to complete the work as per design,
drawing, specifications and direction of the E-I-C.
Measurement relating to nominal mass, dimensions
and tolerances of various types of steel shall
conform to relevant BDS/ ASTM codes.
Reinforcement shall be measured only in lengths of
bar as actually placed in position on standard weight
i.e. 7850 kg/m3 (BNBC Table 6.2.1) basis. No
separate payment shall be allowed for chairs of any
shape & profile, spacer bar of any shape & profile,
lap/splice & welding unless otherwise shown in the
drawing, wastages, binding wire etc. as the cost of
these is included in the unit rate
Note: Tests for reinforcing bars shall be conducted
at LGED/ BUET/ CUET/ KUET/ RUET/SUST.
4.11.01.02 Grade B400C-R/ B400CWR/ 400DWR: Ribbed or kg 1382709.11
Deformed bar produced and marked as per BDS ISO 3
4.11.01.02. 6935-2:2016 with minimum yield strength, fy (ReH)
02 = 400 MPa, but the tested yield strength shall not
exceed fy by more than the 125 MPa and the ratio of
tested ultimate strength, fu (Re) to tested yield
strength (fy) shall be at least 1.25 and minimum
elongation after fracture (A5.65) & minimum total
elongation at maximum force (Agt) is 17% and 8%
respectively.

Using bulk rate of reinforcing bar

Total for Bill No. 5

(carried forward to Summary, p. )
Section IV - Bidding Forms 139

Bill No. 6: Emergency Protective Works

Item no. Description Unit Quantity Rate Amount

(BDT) (BDT)
Earthwork Protective Work between Groins:
1 [For Emergency work] Supplying, filling and
placing of geo-textile bags of different sizes and
capacity at project/work site, making with standard
BWDB geo-textile fabric (Polyester fabric, Thickness>=3.0
mm, mass>= 400gm/m²) and sewing in accordance
40-440 with the drawing and Technical Specifications of
BWDB and Schedule of Rates of BWDB, filling
with locally available sand free from silt and clay,
sewing along one transverse (top) side after filling,
staking in measurable/countable stakes, marking by
synthetic enamel paint during counting, placing in
position as per approved drawing including
levelling, dressing and preparation of base, cost of
all materials & equipment and its mobilization,
labour, incidental charges etc. complete as per
technical specification, approved design and
direction of Engineer in charge. [fill volume and
weight will be measured after filling with dry sand].
Geo-bag; inner size:1200mmx950mm, outer No. 68,577.00
40-440-10 size:1250mmx1000mm, geo-fabric th.=>3.0mm, Fill
Vol: 0.1664cum; wt: 250kg.
2 [For Emergency work] Supplying, filling and dumping of
geo-textile bags of different sizes and capacity at
BWDB project/work site, making with standard geo-textile fabric
(Polyester fabric, Thickness>=3.0 mm, mass>= 400gm/m²)
and sewing in accordance with the drawing and Technical
Specifications of BWDB and Schedule of Rates of BWDB,
40-450 protecting the geotextile bags from any damage, filling
with locally available sand free from silt and clay, sewing
along one transverse (top) side after filling, staking in
measurable/countable stakes, marking by synthetic enamel
paint during counting, dumping from properly positioned
and anchored flat top engine boat over an area as per
drawing including loading, unloading, sequential piling of
geo-bags on the dumping edge of boat, cost of all materials
& equipment and its mobilization, labour, incidental
charges etc. complete as per technical specification,
approved design and direction of Engineer in charge.[fill
volume and weight will be measured after filling with dry
sand].
Geo-bag; inner Size: 1200mm x 950mm, outer No. 125,954.00
40-450-10 size:1250mm x1000mm, geo-fabrics th. => 3.0mm, Fill
Vol.= 0.1664 cum; wt. = 250 kg.

Total for Bill No. 6

(carried forward to Summary, p. )
Section IV - Bidding Forms 140

Bill No. 7: ESCP Works

Item no. Description Unit Quantity Rate Amount

(BDT) (BDT)
1 Camp Construction & Management Nos 1
2 Preparation and Submission of CESMP Nos 1
3 Rent of Dust Management Equipment Vehicl 60
with fuel and other accessories e/Day
s
4 Environmental Quality Monitoring No 16
Devices
5 Pollution control and Construction item 1
waste management setups
6 Personal Protective Equipment (PPE) Nos 200
sets for construction work
Total for Bill No. 6
(carried forward to Summary, p. )
Section IV - Bidding Forms 141

Daywork Schedule

General

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

Daywork Labour

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

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

(a) The basic rates for labour shall cover all direct costs to the Contractor, including (but
not limited to) the amount of wages paid to such labour, transportation time, overtime,
subsistence allowances, and any sums paid to or on behalf of such labour for social
benefits in accordance with [country of Borrower] law. The basic rates will be payable in
local currency only.

(b) The additional percentage payment to be quoted by the bidder and applied to costs
incurred under (a) above shall be deemed to cover the Contractor’s profit, overheads,
superintendence, liabilities, and insurances and allowances to labour, timekeeping, and
clerical and office work, the use of consumable stores, water, lighting, and power; the
use and repair of stagings, scaffolding, workshops, and stores, portable power tools,
manual plant, and tools; supervision by the Contractor’s staff, foremen, and other
supervisory personnel; and charges incidental to the foregoing. Payments under this
item shall be made in the following currency proportions:
Section IV - Bidding Forms 142

(i) foreign: percent (to be stated by bidder).1

(ii) local: percent (to be stated by bidder).

Daywork Materials

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

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

(i) foreign: percent (to be stated by the bidder);2

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

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

Daywork Contractor’s Equipment

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

Site and employed on daywork at the basic rental rates entered by the Contractor in the
Schedule of Daywork Rates: 3. Contractor’s Equipment. Said rates shall be deemed to
include due and complete allowance for depreciation, interest, indemnity, and insurance,
repairs, maintenance, supplies, fuel, lubricants, and other consumables, and all overhead,
profit, and administrative costs related to the use of such equipment. The cost of drivers,
operators, and assistants will be paid for separately as described under the section on Daywork
Labour.

1
The bidder shall state the percentage in a common foreign currency equivalent required for payment and the
exchange rates and official sources used.
2
The bidder shall state the percentage in a single foreign currency equivalent and the exchange rates and official
sources used.
Section IV - Bidding Forms 143

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

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

(a) foreign: percent (to be stated by the bidder).3

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

3
The bidder shall state the percentage in a single foreign currency equivalent and the exchange rates and official
sources used.
Section IV - Bidding Forms 144

Schedule of Daywork Rates: 1. Labour

Item no. Description Unit Nominal ratea Extended

quantity (BDT) amounta
(BDT)
1 Labour skilled day 200
2 Labour unskilled/ ordinary day 250
3 Operator, work-boat day 100
4 Operator helper, work-boat day 100
5 Operator, Dump truck day 50
6 Operator helper, Dump truck day 50
7 Operator, Mixer Machine day 150

Subtotal
Allow percent of Subtotal for Contractor’s overhead,
a

profit, etc., in accordance with paragraph 3 (b) above.

Total for Daywork: Labour

(carried forward to Daywork Summary, p. )

a. To be entered by the Bidder.

Section IV - Bidding Forms 145

Schedule of Daywork Rates: 2. Materials

Item Description Unit Nominal ratea Extended

no. quantity (BDT) amounta
(BDT)
M.S. Ribbed/Deformed Bar (Grade 300)
1 kg 20,000
(Retail)
Portland Composite Cement (BDS EN 197-
2 bag 1,500
1:2003 CEM-II/B-V) (Retail)
3 1st Class/Piccked Jhama standard bricks each 100,000
4 Sand, FM>=1.0 cum 1,000
5 Sand, FM>=3.0 cum 500
19 mm (3/4") down grade crushed stone
6 cum 1,000
chips
7 Stone, Chips: 40mm down graded cum 500
8 Bamboo Piece:2m long, 50mm dia No. 1,000
9 Bullah, Local Hard Wood: 250 mm dia m 500
10 Diesel/ Fuel Ltr 1,000
11 Petrol/ Fuel Ltr 1,500

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

Total for Daywork: Materials

(carried forward to Daywork Summary, p. )

a. To be entered by the Bidder.

Section IV - Bidding Forms 146

Schedule of Daywork Rates: 3. Contractor’s Equipment

Item Description Nominal Basic hourly Extended

no. quantity rental ratea amounta
(hours) (BDT) (BDT)
1 Hire charge of Payloader 400
2 Hire charge of Excavator (combatsu) 400
Hire charge of Engine Boat (40-ton
3 800
capacity with roof cover)
Hire charge of Diesel operated engine
4 1,500
with 1 cusec pump
5 Hiring Charge of Concrete Mixer Machine 150
6 Hiring Charge of Dump truck 250

Allow percenta of Subtotal for

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

Total for Daywork: Contractor’s Equipment

(carried forward to Daywork Summary, p. )

a. To be entered by the Bidder.

Section IV - Bidding Forms 147

Daywork Summary

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

Note to the Bidders: The approximate budgetary provision for Daywork is about BDT 21.74
million.
Section IV - Bidding Forms 148

Summary of Specified Provisional Sums

in the Bill of Quantities

Bill no. Item no. Description Amount (BDT)

1 Daywork – Labour
2 Daywork – Materials
3 Daywork – Equipment charges
4 Provisional sums for the Employer’s portion of 2,772,000.00
DAAB costs
5 Provisional sums for additional ES outcomes. 7,080,000.00

Total for Specified Provisional Sums

(carried forward to Grand Summary (B), p. )
Section IV - Bidding Forms 149

Grand Summary

Contract Name:

Contract No.:

General Summary Page Amount (BDT)

Bill No. 1:
Bill No. 2:
Bill No. 3:
Bill No. 4:
Bill No. 5:
Bill No. 6:
Bill No. 7:
Sub-total: A Σ Bill No. 1~7
Provisional sum for Dayworks B
Provisional sum for the Employer’s portion of C 2,772,000.00
DAAB costs
Provisional sums for additional ES outcomes. D 7,080,000.00
Bid Price (A+B+C+D) (Carried forward to Letter E
of Bid)

i) All Provisional Sums are to be expended in whole or in part at the direction and discretion of the Engineer
in accordance with Sub-Clauses 13.4 and 13.5 of the General Conditions except with respect to DAAB Fees
and Expenses for which Sub-Clause 13.4 of the Particular Conditions – Part B shall apply.
ii) To be entered by the Employer.
* For evaluation purposes, Provisional Sum, other than Daywork will be excluded
Section V – Eligible Countries 150

Section V - Eligible Countries

Eligibility for the Provision of Goods, Works and Non-Consulting Services in

Bank-Financed Procurement

In reference to ITB 4.8 and 5.1, for the information of the Bidders, at the present time firms,
goods and services from the following countries are excluded from this Bidding process:

Under ITB 4.8 (a) and 5.1: Israel

Under ITB 4.8 (b) and 5.1: None
Section VI – Fraud and Corruption 151

Section VI - Fraud and Corruption

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

2.2 To this end, the Bank:

a. Defines, for the purposes of this provision, the terms set forth below as follows:
i. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly,
of anything of value to influence improperly the actions of another party;
ii. “fraudulent practice” is any act or omission, including misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or
other benefit or to avoid an obligation;
iii. “collusive practice” is an arrangement between two or more parties designed to achieve
an improper purpose, including to influence improperly the actions of another party;
iv. “coercive practice” is impairing or harming, or threatening to impair or harm, directly
or indirectly, any party or the property of the party to influence improperly the actions
of a party;
v. “obstructive practice” is:
(a) deliberately destroying, falsifying, altering, or concealing of evidence material
to the investigation or making false statements to investigators in order to
materially impede a Bank investigation into allegations of a corrupt, fraudulent,
coercive, or collusive practice; and/or threatening, harassing, or intimidating
any party to prevent it from disclosing its knowledge of matters relevant to the
investigation or from pursuing the investigation; or
(b) acts intended to materially impede the exercise of the Bank’s inspection and
audit rights provided for under paragraph 2.2 e. below.
b. Rejects a proposal for award if the Bank determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-
contractors, service providers, suppliers and/ or their employees, has, directly or indirectly,
Section VI – Fraud and Corruption 152

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

for the contract in question;
c. In addition to the legal remedies set out in the relevant Legal Agreement, may take other
appropriate actions, including declaring misprocurement, if the Bank determines at any
time that representatives of the Borrower or of a recipient of any part of the proceeds of
the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during
the procurement process, selection and/or execution of the contract in question, without
the Borrower having taken timely and appropriate action satisfactory to the Bank to address
such practices when they occur, including by failing to inform the Bank in a timely manner
at the time they knew of the practices;
d. Pursuant to the Banks Anti-Corruption Guidelines and in accordance with the Bank’s
prevailing sanctions policies and procedures, may sanction a firm or individual, either
indefinitely or for a stated period of time, including by publicly declaring such firm or
individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract,
financially or in any other manner;1 (ii) to be a nominated2 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 inspect3 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.

1
For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i)
applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-
contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such
contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.
2
A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider
(different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in
its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder
to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.
3
Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities undertaken
by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating
the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such activity includes
but is not limited to: accessing and examining a firm's or individual's financial records and information, and making copies
thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic
format) deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other
relevant individuals; performing physical inspections and site visits; and obtaining third party verification of information.
Part 2 – Works’ Requirements 153

PART 2 –Works’ Requirements

Section VII – Works’ Requirements 155

Section VII - Works’ Requirements

Contents

Scope of Works .....................................................................................................................156

Specification (Volume I of II)..............................................................................................161
Environmental and Social (ES) requirements ...................................................................162
Contractor’s Representative and Key Personnel ..............................................................184
Drawings (Volume II of II)..................................................................................................185
Section VII – Works’ Requirements 156

Scope of Works
Background: The Jamuna River is one of the three main rivers of Bangladesh. It is the lower
stream of the Brahmaputra River, which originates in Tibet as Yarlung Tsangpo, before flowing
through India as Brahmaputra and then southwest into Bangladesh. When it meets with the Teesta
River, it is named as the Jamuna River. The Jamuna flows south and joins the Padma River near
Goalundo Ghat, before meeting the Meghna River near Chandpur. It then flows into the Bay of
Bengal as the Meghna River. The Brahmaputra-Jamuna River intakes water from Dudkumar
River, Dharla, Teesta, Ghaghat River, Gumani River, Attrai River and so many tributaries.

The Brahmaputra-Jamuna River system is the most dynamic and unpredictable braided river
system in the world. Jamuna River is a section of one of the major rivers in the world. It flows
through India as the Brahmaputra River, and then dissects Bangladesh from north to south until it
meets the Padma-Ganges River and the Meghna River before discharging into the Bay of Bengal.

The average width of Jamuna River was approximately 5.5 km in 1914, roughly 9 km in 1952, and
11.8 km in the mid-1990s. Overall, the rate of widening was as high as 120 m/year from 1973 to
2000, but it has shown a trend of decline in recent years (CEGIS, 2004, 2005, 2006, 2007). The
Bangladesh Delta Plan 2100 has recommended to stabilize the Jamuna River at a width of 6.5 km
having the main channel at a width of 3.0 km. Whereas, the current bank-full width of Jamuna
River is about 11 km and with flood plain its width varies between 15-20 km.

Bangladesh has lost over 800 km2 only agricultural land in the last 40 years, half of which had
been replaced by river or infertile sand bars while the other half has been replaced by chars with
lesser agricultural value. The right bank alone has lost over 1,000 km2 of land area, including
agricultural and other land, due to embankment breaching only between 1968 to 2013. About 50
percent of the households living in districts in the Jamuna basin depend on agriculture and fisheries
for livelihood, compared to 27 percent nationwide.

Rainfall in the north-western sub-tropical region follows a pattern each year with little or no rain
during the winter and more than 80% of the total rainfall during monsoon. Average annual rainfall
in this region is around 1,900 mm (74.80 inch) which is less than the average annual rainfall of
Bangladesh as whole, which is around 2,300 mm (90.55 inch). Gaibandha district lies on the
upstream end of Jamuna. The precipitation pattern of Gaibandha district for the years 1980-2016
was 88.0 inch. The lowest mean monthly rainfall of 0.1 inch is observed for December while the
highest mean monthly rainfall of 9.8 inch occurred in July.

The highest monthly mean temperature (35℃ or 95 ̊F) in the north-western sub-tropical region
occurs mostly during the month of April and lowest mean monthly temperature occurs in January
(12℃ or 53.6 ̊F). Maximum temperature in Bogura station is 32.5℃ (90.5 ̊F) and minimum
temperature was 11.9℃ (53.42 ̊F). According to Climate-Data.org average observed temperature
between the years 1999-2019 in is 27.9℃ in Gaibandha station, is 24.8℃ in Bogura station.

Climate change is believed to impact the river and its floodplain in two ways: (i) the flow discharge
in the river system will increase, which potentially means higher river instability and increased
Section VII – Works’ Requirements 157

flooding, and (ii) the sea level rise will result in flatter river slopes, potentially leading to more
flooding and substantial river adjustment processes (Bangladesh Water Development Board,
2014).

The entire Brahmaputra-Jamuna River up to its confluence with the Ganges is about 2,820 km
long. Within Bangladesh, the length of Jamuna is approximately 264 km. The drainage area of the
Jamuna River is approximately 560,000 km2 but only 42,000 km2 of it lies within the Bangladesh
border. It’s the widest river in the country with the width of the river varying from 9 km to 16 km
and an average width of approximately 12 km. The gradient of the river in Bangladesh is nearly 7
cm/km.

Riverbank erosion is an endemic and recurrent natural hazard. When rivers enter the mature stage,
they become sluggish and start to meander or braid. These oscillations result in riverbank erosion.
Riverbanks with non-cohesive material such as sand are more erodible than cohesive soil
riverbanks. Banks consisting of consolidated cohesive soil can provide resistive forces ensuring
the lesser bank erosion. Banks of the Jamuna River are mainly composed of sand and silt with
lower angle of friction.

The Jamuna River is the single most significant source of natural hazard in Bangladesh. This is
largely because the Jamuna River has been widening over time. This widening is a consequence
of the Great Assam Earthquake in 1950, which dislodged some 45 billion cubic meters of sediment
from the eastern Himalayan Mountain slopes. The high sediment load of the Jamuna River is the
main proponent behind the rapid planform changes of the river. Different studies cite that the
sediment load of the Jamuna River varies between 300~500 million tons per year. Sediment within
the Jamuna River mainly consists of fine sands, silt and clay. Insufficient sediment transport
capacity of the active braided channels of the Jamuna River triggers the formation of new channels
which initiate riverbanks erosion. Therefore, managing sediment of the Jamuna River to an
optimum level is the key to riverbank protection and river training of the Jamuna River.

Site: The Site is Located at Uria Mouza, Uria Union, Fulchari Upazilla (right bank of Jamuna
River), Gainbandha district. The approximate length of the Site reach is 2,430 m. Balashi Ghaat is
located on the upstream of the Site. Balashi Ghaat is a very important river port. It connects
Gaibandha district with Jamalpur district (Bahadurabad Ferry Ghaat) on the left bank of Jamuna
River and with Bogra district (Shaghata Ghaat) on the right bank of Jamuna River. There is an
existing navigation channel between Balashi Ghaat and Bahadurabad Ghaat. This route is used to
transport passengers and goods. Construction of the new ferry terminal at Balashi Ghaat has
completed and inaugurated. The most upstream site (Fulchari) is approximately 65 km away from
the Bangladesh-India border.
Section VII – Works’ Requirements 158

Figure-1: Location of the Site Upstream and Downstream on the Right Bank

Figure-2: Location of Each Groin with Coordinates

Section VII – Works’ Requirements 159

Description of Works: The work mainly consists of:

Construction five (5) number of Top Blocked Permeable Groins (TBPG);
Riverbank protective works of 2.43 km with revetment;
Riverbed protection with geo-bags;
Earthworks;
Site office for Engineer-in-Charge with office equipment and supplies;
Establishment of Site Laboratory for testing materials and products as described in description of
Bill of Quantities (BOQ);
Contractor’s office, godown, and stockyard;
Construction of laborshed and other ancillary facilities; and
Supply of required plants, equipment and machinery.

Top Blocked Permeable Groins: There will be five (5) groins of different types to be established
in series to reduce the velocity of water in order to protect bank erosion. There are three types of
groins given below:

Groin type 1 (1st, 2nd and 3rd Groins):

Total Groin Length: 220m for each groin
Total Number of Piles: 3*90 = 270 (90 piles for each groin)
Pile Rows: 2 for each groin
Pile diameter: 900 mm
Distance between Groin 1, Groin 2 and Groin 3: 490 m
Bed Protection: 3 Layer 250 kg wt. Geo-bag

Groin Type-2 (4th Groin):

Total Groin Length: 270m
Total Number of Piles: 110
Pile Rows: 2
Pile Diameter: 900 mm
Distance between Groin 3 and Groin 4: 490m
Bed Protection: 3 Layer 250 kg wt. Geo-bag

Groin Type-3 (5th Groin):

Total Groin Length: 350m
Total Number of Piles = 213
Pile Rows: 3
Pile Diameter: 750 mm
Distance between Groin 4 and Groin 5: 470 m
Bed Protection: 5 Layer 250 kg wt. Geo-bag

The maximum length of the pile may be 60 m but depends on the soil investigation report.

Riverbank Protective Works: Total Length = 2,430m with revetment works by CC blocks.
Section VII – Works’ Requirements 160

Engineer’s Site Office: The Contractor shall provide and maintain a furnished semi-permanent
site office for the use of the Engineer-in-charge and his staff. The site office of minimum plinth
area of 38 sqm must have tiles floor, adequate foundation, brick walls, false ceiling of gypsum
board and all windows are to be glazed, shuttered and provided with steel grill. Outside and inside
wall surface are to be painted on plaster acceptable to the Engineer-in-charge. The site office shall
be maintained in secure condition by the Contractor until the completion of the Contract and shall
be provided with electricity, water supply, washrooms and sewerage facilities and security. All
doors shall be fitted with approved locks and windows shall be provided with curtain/blinds.
Before construction the Contractor shall submit plans and drawings showing proposed details and
location for the site office, including foundations, access roads, shades, layout of electrical and
water supply and hard standings there for the approval of the Engineer-in-charge. The Engineer-
in-charge may require revision of the plans prior to giving approval for construction. The
Contractor shall also submit detailed proposed furniture, fittings and other items of equipment and
plant to the Engineer-in-charge for approval. These items shall be of a standard quality suitable
for the site. The office, complete with furnishings, fittings, access roads and hard standings shall
be ready for occupation by the Engineer-in-charge within 28 days from the date of taking over the
site by the Contractor. The Contractor shall provide day and night guards and an attendant for the
field office. At the end of the Contract all materials, equipment and plant, furniture, fittings
recovered from dismantling the office and removing access road will be the property of the
Contractor. No interim payment shall be certified unless an Engineer’s office with the required
facilities is constructed and accepted by the Engineer-in-charge. The site office should have at
least sufficient number of air conditioning equipment (18,000 ~ 24,000 BTU), desktop computers
with monitors, UPS, laser jet printer (minimum 20 ppm), chairs, tables, meeting room, fans, tube
lights, file cabinets, photocopier, scanner and other logistics support for a good office environment.
The site office should have LED flood light fittings (Halogen type) for sight security.

Labor-shed: The Contractor shall provide necessary facilities in the construction site for
maintaining site safety of 30 construction workers including safety helmet, safety belt, apron,
gumboot, goggles etc. and other necessary safety or protective equipment. The facility shall have
proper sanitation and be fully hygienic. Detailed requirements are given in the ESMP.

First Aid Support: The Contractor shall supply and always maintain a first aid box with necessary
materials/medicine (hygienic gown, thermometer, adhesive dressings, antiseptic solutions,
bandages, cotton balls or swaps, emergency blanket, gloves, hand sanitizer, ice pack, saline etc.)
all complete as per direction of the Engineer-in-charge.

Other Detailed of Works: As provided in the description of each item in the BOQ.
Section VII – Works’ Requirements 161

Specification (Volume I of II)

Volume I of II
(Separate Volume)
The Employer’s requirements with respect to specifications of works are given in Volume I of II.
Section VII – Works’ Requirements 162

Environmental and Social (ES) requirements

The objective of the Environmental and Social Code of Practices (ESCOPs) is to address all
potential and general construction related impacts and risks during implementation of the Contract.
The ESCOPs consist of environmental and social management guidelines and Occupational Health
and Safety (OHS) practices to be followed by the Contractor for sustainable management of all
environmental, social, health and safety issues. These ESCOPs shall be annexed to the particular
conditions of the Contract.

The list of ESCOPs prepared for the Contract is given below.

(a) ESCOP 1: Waste Management
(b) ESCOP 2: Fuels and Hazardous Goods Management
(c) ESCOP 3: Water Resources Management
(d) ESCOP 4: Drainage Management
(e) ESCOP 5: Soil Quality Management
(f) ESCOP 6: Erosion and Sediment Control
(g) ESCOP 7: Topsoil Management
(h) ESCOP 8: Topography and Landscaping
(i) ESCOP 9: Quarry Areas Development and Operation
(j) ESCOP 10: Air Quality Management
(k) ESCOP 11: Noise and Vibration Management
(l) ESCOP 12: Protection of Flora
(m) ESCOP 13: Protection of Fauna
(n) ESCOP 14: Road Transport and Road Traffic Management
(o) ESCOP 15: Construction Camp Management
(p) ESCOP 16: Cultural and Religious Issues
(q) ESCOP 17: Community and Workers Health and Safety
(r) ESCOP 18: Construction and Operation Phase Security
(s) ESCOP 19: Operation of Heavy Equipment Management
(t) ESCOP 20: Excavation
(u) ESCOP 21: Lifting and Materials Handling

The Contractor will prepare and submit site specific management plans, namely Construction
Environmental and Social Action Plan (C-ESAP) and Occupational Health and Safety (OHS) Plan,
in compliance with the project ESMP and consistent with the World Bank ESF and Government
Regulation and guidelines and based on the guidance given in the ESCOPs. The C-ESAP and OHS
Plan will form part of the contract documents and will be used as monitoring tool for compliance.
Section VII – Works’ Requirements 163

It is mandatory for the main Contractor procured directly by the project to include these ESCOPs
in their subcontracts. Violation of the compliance requirements will be treated as non-compliance
leading to the corrections or otherwise imposing penalty on the Contractor. The documents (C-
ESAP) will be a living document and be updated as and when necessary, as approved by the
Engineer. The Contractor is required to quote rates for work considering these ES requirements.
In addition to the provisions of Particular Conditions of Contract (PCC), the Contractor needs to
comply with the following additional requirements regarding the relevant PCC Clauses:

GCC Clause 4.1 – Contractor’s General Obligations: The general obligations of the Contractor
shall also include undertaking of appropriate mitigation measures for public’s potential exposure
to the risks arising from the climate change, natural hazards, operational hazards and/or accidents
as a result of Works carried out by the Contractor or its Sub-Contractors under this Contract. To
comply with the ES requirements the Contractor shall submit the following Management
Strategies and Implementation Plans (MSIPs) along with the bid during bid submission:

(a) Air, water and noise pollution control plan and resource efficiency measures
(b) Traffic Management Plan (for the sites where this is necessary)
(c) OHS Management Plan
(d) Waste Management (solid and liquid)
(e) Emergency Response Plan
These MSIPs would collectively comprise the Contractor’s environmental and social management
plan (C-ESMP).

GCC Clause 4.6 – Co-operation: The Contractor will provide full support to all the project staff,
consultants, service providers, suppliers, and other entities and authorities, as deemed necessary
and instructed by the PMU with the intention to fulfill the measures required for successful
implementation of the ES requirements.

GCC Clause 4.8 – Health and Safety Obligations: The Contractor shall submit to the PMU for
review a Health and Safety Management Plan specifically prepared for the Works, the Site and
other places (if any) where the Contractor intends to execute the Works. The Health and Safety
Management Plan shall set out the following health and safety requirements:

Occupational Health and Safety Measures: The Contractor will develop and prepare an
occupational health and safety (OHS) plan to manage OHS risks as per the WB’s ESS2
requirements, the laws of Bangladesh and any other requirements stated in this Bidding Document.
The most common categories of hazards associated with construction activities include:
(a) equipment mobilization and construction materials transport through public roads or rivers.
(b) piling/excavating.
(c) continuous noise exposure during piling and as a result of exposure to noise generated by
other machinery.
(d) scaffolding ladder work.
Section VII – Works’ Requirements 164

(e) ergonomic hazards.

(f) drowning due to vessels sinking/life lost during work near/on water.
A risk ranking matrix will identify and assess all potential work-related hazards and their severities
and eventually propose controls to reduce the risks of injuries and illness by establishing processes
and standard operating procedures (SOPs) in accordance with good international industry practice
(GIIP). Based on the risk matrix, hazards should be graded from “warning” to “serious” to
“catastrophic”.

The specific mitigation measures to be adopted are:

(i) The Works will prohibit the recruitment of children and use of forced labor.
(ii) Labor practices and issues related to labor influx will be monitored, managed and translated
into regular practice. The actions of the party responsible will be periodically reported for
the record.
(iii) Recruitment of skilled personnel with relevant experience and knowledge to support the
implementation of the LMP.
(iv) Establishment of a standard grievance redress mechanism (GRM).
(v) Ensuring that the Workers’ Code of Conduct and individual Contract Agreement are read
and signed by the worker at the time of recruitment.
(vi) Provision of safe water for drinking and domestic use for workers on site and in construction
camps in accordance with Schedule 3(b) of ECR, 1997.
(vii) Provision of medical facilities on site and in construction camps and access to health care.
(viii) Labor camps will be constructed in compliance with GIIP as described in Workers'
Accommodation: Processes and Standards (IFC-EBRD 2009).
(ix) Training of workers on OHS.
(x) Performing an OHS risk analysis will be undertaken before any task and a task specific job
hazard analysis plan will be developed by the Contractor.
(xi) No Personnel can enter the construction area without the appropriate personal protective
equipment (PPE) and no worker shall perform a task unless they have undergone appropriate
training.

Community Health and Safety Plan: Community related hazards will result from construction
activities and operation of plants, equipment and machinery and vehicles. Such risks generally
include health, safety, and security risks and impacts on construction-related communities.
However, given the nature of the Project, the Community Health and Safety (CHS) risks are mostly
associated with the construction phase of the Project. A risk ranking matrix has been prepared to
identify associated construction related hazards with their likelihood and magnitude to set the
appropriate preventive measures to reduce or lessen the impacts on nearby communities. Some
unavoidable hazards have been ranked as serious to catastrophic in the risk matrix, including:

(a) spread of communicable diseases;

Section VII – Works’ Requirements 165

(b) vector-borne diseases;

(c) sexual exploitation and abuse, and sexual harassment (SEA/SH); and
(d) use of public roads for construction equipment/vehicles.

The potential increase in incidences of communicable and vector-borne diseases is primarily

associated with the influx of workers into nearby communities. The CHS risks associated with the
operation period include failure of the riverbank protection due to either faulty design or natural
extreme events, false sense of security from riverbank protection, and ship accidents.

To reduce or control the possibility of injuries and fatalities associated with potential hazards to
construction-affected communities, a CHS Plan will be prepared and implemented by the
Contractor. Project management will establish a Health and Safety Committee to monitor and
supervise the implementation of measures set by the Contractor. In addition to the CHS Plan, the
Contractor will develop an Emergency Preparedness and Response Plan (EPRP).

As the proposed Project pilot site occurs in rural settings, where a moderate influx of workers will
be engaged for construction, the SEA/SH risk is rated as ‘substantial’. Project induced SEA/SH
risks will be managed through a SEA/SH Action Plan that has been developed in accordance with
the World Bank Good Practice Note on Major Civil Works, and Social Protection and Jobs.

Protection of SEA/SH Risks: The ESIA identified several SEA/SH risks associated with the
Project activities. These risks are related to the labor influx and induced development. The details
of the Gender and SEA/SH risk and impact assessment are provided in the ESIA. The highlights
of the SEA / SH risk assessment are given below:
(a) The project will involve construction work. Most of the labor demand will be met locally.
However, it may require hiring some skilled labor from outside of the program area. This
labor influx may increase the demand for sex work, including the risk of trafficking of
women for sex work, forced early marriage with construction workers as a livelihood
strategy, and increase the demand for transactional sex.
(b) Community-women use the river for bathing and daily household chores. So, any sort of
river management work will expose them to the workers and officials. Besides, the
construction work of the program may occur near school routes or pedestrians that are
frequently accessed by local women and girls which may increase their exposure to project
workers and as a result, may increase the risk of SEA/SH. Women and girls in the
community may experience eve-teasing, sexual abuse and harassment.
(c) The program may employ women as laborers. If they work along with male laborers without
proper labor management and gender strategy, they may face sexual abuse, harassment and
violence.
(d) The SEA/SH risk associated with the rolling out of financial protection from disaster risk
along with the training sessions planned under this component is rated substantial risk. The
risk will be managed and mitigated through the project Gender and SEA/SH Action Plan.
Section VII – Works’ Requirements 166

(i) The Project will ensure a working environment where there is zero tolerance to SEA/SH.
There will be an effective GRM which is well equipped to address SEA/SH complaints
(ii) Minimize the number of external laborers.
(iii) Ensure Codes of Conduct signed and understood by the contractor, laborers and other project
workers and officials.
(iv) Training on the zero tolerance of SEA/SH and other forms of GBV under the project.
(v) Awareness raising and sensitization on GBV for all stakeholders including the community
and vulnerable populations,
(vi) GBV service provider mapping to refer incidents of GBV from the GRM or any other
reporting mechanism that may be established through the project.
(vii) Establish an effective grievance redress mechanism (GRM) with multiple channels to
complaints about SEA/SH and establish SEA/SH allegations reporting channels.
(viii) Receive and refer SEA/SH complaints to SEA/SH service providers and check if the case is
closed and/or follow up on action taken by the Contractor against any worker who has
violated the codes of conduct.
(ix) Take direct sanctions against perpetrator by the Contractor and/or law enforcement agency.
(x) Refer victim/ survivor to medical and legal service providers.
(xi) Follow up registered cases and ensure the safety of the Employer.
(xii) ESCOP 15, 17, 18 will mitigate the impact.

Management and Safety of Hazardous Materials on Construction Site: While preparing for
the C-ESMP, the following Hierarchy of Control Methods should be considered:
• Elimination/ Substitution
• Engineering controls
• Administrative and work practice controls
• Use of PPE
The Contractor will avoid or minimize community exposure to hazardous materials and substances
that may be released by the construction activities, material sourcing, tranaportation of materials,
construction related traffic movement and road safety risks, hazard due to use of construction
equipment, construction debris handling and disposal etc. The Contractor will ensure effective
measures in place to address emergency events and safeguard personnel and property in a manner
that avoids or minimizes risks to the workers and communities.
Excavation: Safeguards and control measures may be as follows:
• Excavated materials/equipment that could pose a hazard by falling or rolling into
excavations should be kept at least 1 meter from the edge.
• Dust should be kept to a minimum by spraying water or other means.
• Plan safety into the job by considering traffic, soil, water table.
Section VII – Works’ Requirements 167

Slips and trips: Safeguards and control measures may be as follows:

• Ensure that all operatives are provided with obstruction-free access and egress to their
working areas.
• Keep work and storage areas tidy and designate specific areas for waste collection.
• Clean up all the slippage areas immediately.
• Signpost all slippery areas and provide sufficient illumination at the workplace.
• Provide employees training, instruction and supervision for relevant work activities.
• Use PPEs such as lifting straps, shoulder harness, slip resistant footwear to prevent slips
and falls.

Heavy Equipment: Safeguards and control measures may be as follows:

• Operators should have license, training, qualifications, certifications and medical fitness.
• Heavy Equipment should be equipped with back-up alarm, horn and seat belt.
• All motorized heavy equipment should require Rollover Protective Structures (ROPS) with
seat restraints.
• Inspections before use
• A Traffic Management Plan should be developed for site to ensure safe interactions
between work activities, equipment, people and the environment.
Material Handling: Safeguard and control measures for loading and unloading hazardous
materials may be as follows:
• Use of mechanical lifting equipment e.g., Cranes, Forklifts and slings.
• Safe Wok zone during loading/ unloading, inspection.
Hot Work – Welding, Brazing and Cutting: Safeguard and control measures include but not
limited to:
• Fire prevention: Remove all combustible materials from the area
• Fire protection: Establish fire watch and install Fire extinguisher
• PPE
• Skin protection: fire resistant apron/ jacket and gloves, leather safety boots; welding
helmet.
• Eye protection: Welding helmet with UV protected shades and face shields for grinding.
• Respiratory protection: Use filter respirators in ventilated areas and supply air respirators
(SARs) in confined spaces.
Electrical Safety: Safeguard and control measures include but not limited to:
• Insulation - insulate electrical conductors with glass, rubber or plastic
• Electrical protective devices - interrupts current flow when they exceed conductor capacity
like fuses, circuit breakers and ground fault circuit interrupters (GFCI’s)
• Only competent persons who are trained and qualified to work on electrical equipment
Section VII – Works’ Requirements 168

• PPE for electrical work includes: Hard hat, safety glasses, long sleeve cotton shirt and long
non-melting pants.

GCC Clause 4.18 – Protection of Environment:

For protection of the environment, the Contractor will take appropriate mitigation measures to
control air, water, noise pollution as per the national Acts/Rules/Standards and the World Bank
Environmental and Social Framework (ESF). In case of non-availability of such standards, Good
International Industry Practices (GIIP) is to be followed. The Contractor shall submit a C-ESMP
(Contractor’s Environmental and Social Management Plan) to the PMU to review and final
concurrence which is to be followed rigorously across the Site. This C-ESMP will articulate all
the measures relevant to the protection and conservation of Environmental compartments,
prevention of pollution and management of resources, etc. Threshold values of different pollutants
for environmental conservation and pollution control measures are set in the Environmental
Conservation Rules 2023 (amended) of Bangladesh.

Construction and Operation of Laborshed for the Workers: The Contractor will construct
labor sheds which are structurally safe with proper ventilation, light, and drawers to keep valuable
things and/or bags and provide raised platforms for provision of proper sleeping and rest periods
for the workers. The labor sheds should have restrooms with proper hygiene facility (consider one
toilet for 15 person or part) and keep separate restrooms for male and female in workplace. The
labor sheds should have canteen and kitchen facilities with cooks and waiters for daily meals. The
Contractor will provide waste bins for separate collection of organic and inorganic wastes and
ensure proper disposal of wastes (solid wastes and other form of wastes) at the recommended
places of the local government body or the Employer.

Resource Efficiency and Pollution Prevention Management: The Contractor will identify
feasible measures for efficient use of resources through:
a. Use of energy;
b. Water usage and management to minimize water usage during construction, conservation
measures to offset total construction water demand and maintain balance for demand of water
resources;
c. Use of raw materials by exploring use of local materials, recycled aggregates, use of
innovative technology so as to minimize project’s foot prints on finite natural resources; and
d. Use of appropriate technology and/equipment to reduce emissions, surface discharges,
effluent and any other pollutants from the construction activities and maintain the
parameters’ values within the stipulated level in national laws and regulations and the World
Bank ESF.

Control of Air Pollution: During the construction phase fugitive dust will be emitted on a longer-
term basis from stationary sources such as quarries and borrow pits, especially during dry season.
Exhaust emissions from mobile sources (such as: operation of construction machinery/equipment
and vehicles transporting construction materials (sand, gravel, rock, cement, etc.)) also pollute air.
Dust generated from rock crushing, mixing of construction materials, open burning of waste
Section VII – Works’ Requirements 169

materials, quarries, borrow pits, haul roads, unpaved roads, soils and material stockpiles can
pollute the air significantly. Air pollution may also occur during preparation of sites, earth
excavation, stack yards and labour shed construction, and movement of vehicles.

Construction works which are very significant parts of the Works involve the operation of different
types of fuel burning machinery. Exhaust emissions from the engines consist of harmful and toxic
gases such as Nitrogen Oxides (NOx), Sulfur Oxides (SOx) and Carbon Monoxide (CO), and
particulate matter (PM10, PM2.5). Continuous emissions of these pollutants can cause air pollution
which may travel further from the project boundary following the wind. Riverbanks are common
shared places for different species to live and wade, especially birds and turtles. Using poor-
quality fuel and technical faults of any equipment may cause greater emission. To minimize air
pollution from the construction activities and exhaust emissions from machinery, the following
mitigation approach may be followed.
(a) Regular watering and sprinkling during site preparation, construction of labor camps, on
stockpiles of bare soil and sand, haul road, un-surfaced traffic area and any sources of
fatigue dust, when conditions require dust suppression.
(b) Ensure that all vehicles and machineries comply with technical and environmental safety
regulations, are maintained in good operating condition and kept under regular
maintenance in accordance with manufacturer’s specifications to avoid any black smoke
emission.
(c) Schedule the operation times for vehicles and machineries working in the construction area
to reduce air emissions.
(d) Maintain adequate moisture content of sand including cover over the carrier during
transportation and stockpiles to mitigate dust generation from the loads.
(e) Stock piles of dusty construction materials will be covered by tarpaulin or similar
arrangement in order to protect them from wind and weathering action.
(f) Speed of vehicles on site and in the approach road will be limited to 15-20 km/hr to control
dust generation.
(g) No earthen roads for transporting the construction materials and vehicles must not be
overloaded to damage the road conditions and/or bridges in the countryside.
(h) An appropriate freeboard must be maintained in trucks hauling construction materials.
(i) No locations for borrow pits, rock crushing facilities, concrete batching yards near the
water bodies and community area.
(j) No storing of construction materials from nearby waterbodies and community area.
(k) No spoil storing on the river bank/slope.
(l) Place the diesel generator sets and other powered equipment away from sensitive receptors
to avoid complaints.
(m) Stocking of construction materials and machinery must be within a limited area.
(n) Use of low-sulfur diesel in all vehicles and machineries.
(o) Construction wastes must be reused or recycled as and where possible.
Section VII – Works’ Requirements 170

(p) Burning of waste material will be restricted.

(q) Limiting activities for producing fugitive dust particle e.g., excavating earth, handling of
the construction materials etc.
(r) Vegetation clearance and base stripping at riverside and country side slopes of the bank
protection work will be minimized.
(s) Avoid queuing of vehicles in areas adjacent to site, particularly near sensitive receptors
including housing.
(t) Switch off / throttle down all site vehicles, water vessels, generator and machinery when
not in use.
(u) Concreate batching and mixing plant will be located downwind of and minimum 500m
away from residential areas as well as sensitive receptors and be fitted with high stack
(30m) to allow adequate dispersion of emissions.
(v) Introducing pollution free/new technology in construction activities.
(w) Approved pollution control devices to be fitted in equipment and machinery.
(x) Establish grass carpeting in the unpaved area where possible.
(y) Regular air monitoring will be carried out near the sensitive receptors to ensure ambient
air quality remains within the limits defined by national standards.
(z) The Contractor must adopt the ESCOP 7, ESCOP 9, and ESCOP 10

Control of water pollution: The river water may be contaminated by waste generated from the
construction Site, labor sheds, equipment used for construction, and construction materials. Waste
from the construction site, which might include construction materials (cement, sand, bricks, etc.),
scrap metal, scrap wood, paper, kitchen waste from construction camp, spilled oil from equipment
or vehicles, etc. might end up into river if not properly managed. The open discharge of solid and
liquid wastes from the labor shed and houseboat can also contaminate the surface water with
nutrients, heavy metals, organic pollutants, etc. The wastewater might also include spillage of
hydraulic fluid from leaking hydraulic connections or blown hydraulic hoses on hydraulically
powered equipment. Disposal of sand-filled geo-bags, piling, preparing slope for bank protection
work might cause increased turbidity in the river-water column nearby. The construction activities
involve installation of 593 cast-in-situ piles which involve a risk of spilling raw concrete or
concrete slurry during construction. The Contractor will apply available mitigation measures to
tackle water pollution from solid and liquid waste from construction activities. The available
mitigation measures to the Contractor may be as follows:
(a) No mixing concrete onsite and use concrete premix.
(b) No dumping of any bilge water and any ship waste and wastewater into the river.
(c) Maximizing the use of materials for construction and minimizing the disposal and runoff
of construction waste.
(d) Hiring more local labor to minimize the size of construction camp.
(e) Optimize use of resources (oil, fuel, water, electricity etc.).
Section VII – Works’ Requirements 171

(f) Minimizing stationing of construction vehicles and other water boats nearby any sensitive
receptors. Maintaining a minimum setback distance from the sensitive habitats (natural
habitats like mudflats, fish spawning area, any area where a large assemble of migratory
birds is seen, area with high dolphin activity, etc.).
(g) ESCOP 1: Waste Management.
(h) ESCOP 3: Water Resources Management.
(i) ESCOP 6: Erosion and Sediment Control
(j) Adoption of GIIP for construction of bored in-situ cast piles for TBPG.
(k) The fueling equipment will be equipped with automatic shut-off nozzles.
(l) Emergency oil spill kits will be present at places of refueling.
(m) Accidental spills will be managed through the preparation and implementation of an
emergency response plan to be prepared by the contractors as part of the OHS Plan.
(n) The Contractor should develop an incident reporting and monitoring mechanism.
(o) Further mitigation measures are detailed out in ESCOP 1 and ESCOP 2.
(p) Excavated soil will not be kept for prolonged periods to avoid leaching.
(q) Waste disposal to be prohibited to waterbodies, arrange reuse/recycle.
(r) Labor camps should be constructed at a safer distance from the waterbody with septic tanks
and soak wells.
(s) Arrangement of mobile toilets may be set at work sites if necessary.
(t) Fuel, oil and used oil storage areas shall be contained on concrete floors.
(u) Drain outlet should be regularly cleaned.
(v) Proper storage area will be proposed with lining to avoid leakage.

Noise Vibration: Various construction activities, such as installation of the groin, pile driving,
and excavation work, earth work, operation of vehicles and equipment during the site preparation,
stack yards, labor shed construction, transportation of construction materials and operation of
heavy equipment will cause noise and vibration and can affect receptors near the construction sites.
Earth work requiring the movement of earth from the Site by truck/boat or any other means will
cause noise and vibration along the transportation routes. The vibration may affect the stability of
nearby structures. Operation of construction equipment causes ground vibrations which spread
through the ground and diminish in strength with the distance. Buildings founded on the dry land
in the vicinity of the construction site respond to these vibrations, with varying results ranging
from no perceptible effects at the lowest levels, low rumbling sounds and fellable vibrations at
moderate levels and slight damage at the highest levels. Ground vibrations due to piling activities
very rarely reach the levels that can damage structures but can achieve the audible and fillable
ranges in buildings and in the waterbodies close to the site, which might affect the communities
and aquatic species. The noise during the construction phase depends on the stage of construction
work and equipment used at the site. The sources of noise may be generated as follows:
Section VII – Works’ Requirements 172

(a) Site clearing and preparation.

(b) Excavation and concrete placement.
(c) Erection of structures.
(d) Concrete mixing and aggregate production systems.
(e) Construction Camps/ancillary facilities.
(f) Pile driving or drilling activities.
(g) Haulage and general vehicle movements.
(h) Engine running.
(i) Hydraulic horns.
(j) Loading and unloading activities.

The available mitigation measures to the Contractor may be as follows:

(i) Adoption of rotatory piling (also called drilling pile, Continuous Flight Auger) avoiding
hammer or vibratory pile driving
(ii) No construction activities at night.
(iii) No positioning of stationary noise sources such as generators and compressors as far
away as possible from noise sensitive areas.
(iv) Forbidding horns in populated areas.
(v) No use of impact hammer for unconsolidated substrates (e.g., sand, mud, gravel).
(vi) No operations during monsoon seasons.
(vii) No nighttime pile driving activities to eliminate vibration in nearby homes during the
nighttime hours.
(viii) Avoid prolonged exposure to noise (produced by equipment) by workers.
(ix) Avoid using the rod cutter and wielding machine at night.
(x) Avoid operation of the concrete mixer and vibrator machine at night.
(xi) Careful construction (adopting the mitigation measures mentioned here along with
frequent wildlife monitoring, ESMP monitoring) during October to December and April
to June, because this period is very sensitive for Dolphin and Gharial. November to
February is also critical for migratory birds (forging and roosting) and therefore careful
construction is needed.
(xii) Minimize the duration over which the sound-producing activity is intended to take place.
(xiii) No pile driving during high water level to avoid impact on migrating aquatic species.
(xiv) Minimize the individual and cumulative sound pressure and exposure levels delivered
into the environment by the activity. If necessary, the use of alternative, lower impact
equipment and methods could be explored (e.g., vibratory hammer, gravity base piles).
Section VII – Works’ Requirements 173

(xv) Select the least noisy machine/construciton equipment and use proper silencer and
muffler systems and padding/noise isolator to control engine noise.
(xvi) Regularly carry out maintenance and routine inspections on vehicles and construction
machineries to ensure the technical standards.
(xvii) Provide personal protective devices like ear plug, earmuffs etc. to the personnel involved
in high noise generating activities.
(xviii) Use shields that are physically attached to the piece of equipment, particularly for
stationary equipment and where considerable noise reduction is required.
(xix) Movable noise attenuation measures would be erected around pumps, trucks, and other
noisy equipment when operating near residential areas.
(xx) For minimizing vibrations, route heavily loaded trucks away from the residential streets,
if possible, select streets with fewest homes, if no alternatives are available.
(xxi) Operating of earth moving equipment on the construction lot as far away from vibration
sensitive sites as possible.
(xxii) Take action to scare off dolphins and Gharial away from the construction areas using
pingers prior to start of high noise activities.
(xxiii) Require contractors to prepare and submit to the PIU a “Pile Driving Plan” following
JNCC Guidelines to be approved before commencing any works at the pilot sites. The
PMU will scrutinize the Pile Driving Plan to ensure it is effective for reducing impacts,
with emphasis on underwater noise impacts to Dolphin, is thorough and the contractor
has the appropriate capacity available to implement it.
(xxiv) Subsequent implementation of works will be appropriately supervised to ensure they are
implemented correctly to avoid having to be redone and duplicate adverse impacts.
(xxv) Source control requirements may have the added benefits of promoting technological
advances in the development of quieter equipment.
(xxvi) Equipment modifications, such as dampening metal surfaces, are effective in reducing
noise due to vibration. Another possibility is the redesign of a particular piece of
equipment to achieve quieter noise levels.
(xxvii) Sound aprons are useful when the shielding must be frequently removed or if only partial
covering is possible.
(xxviii) Enclosures for stationary work may be constructed of wood or any other suitable material
and typically surround the specific operation area and equipment.
(xxix) The use of electric powered equipment is typically quieter than diesel, and hydraulic
powered equipment is quieter than pneumatic power.
(xxx) Using vehicles and equipment in good conditions.
(xxxi) Implement measures to attenuate the sound when sound pressure levels exceed the DoE,
WB or any other internationally recognized criteria.
(xxxii) Further mitigation measures are described in ESCOP 11.
Section VII – Works’ Requirements 174

Protection of Biodiversity: The site-specific impacts on biodiversity include disturbance on

aquatic and terrestrial ecosystem, displacement of individuals and populations of species,
alteration of habitats, alteration in population dynamics, changes in species composition and
isolation or fragmentation of habitats. Noise from pile driving and light generated during groin
construction, and vessel movement may harm individual animals consequently affecting the
feeding and breeding behaviors on long term population levels. Among the important species of
Jamuna River and its adjacent areas, Dolphin, Fishing Cat, Gharial, Narrow-headed Soft-shell
Turtle, Ganges Soft-shell Turtle, Painted Stork, Black-bellied Tern and migratory birds are worth
mentioning. The construction activities might take place around occupancy and extent of
occurrence that may have impact on these important species. The impacts on biodiversity during
construction period are summarized below:

(a) Disturbance to Brahmaputra-Jamuna River (KBA).

(b) Contraction of mudflats, river area (alluvial zone), Charlands like natural habitat at site.
(c) Loss of mixed but mostly modified habitats along the bank.
(d) Risk of increasing disturbance and reduction of suitability in the natural habitats (river area,
mudflats, Char) due to pollution (Noise, water pollution, etc.) from construction activities.
(e) Risk of physical injury to Dolphin, and Gharial through collision.
(f) Disturbance to Dolphin, fishing cat and Gharial due to noise of construction activities such as
pile driving.
(g) Temporal loss of habitat of Baghair fish (Bagariusbagarius) and Chital (Chitalachitala).

The available mitigation measures to the Contractor may be as follows:

Biodiversity:

(i) No construction activities during the wet season covering July to October to avoid impacts
on Dolphins.
(ii) No working at night to reduce disturbances to nocturnal animals.
(iii) No placement of Jetty in areas where threatened terrestrial fauna can be found.
(iv) Removing vegetation will be minimized to the full extent possible.
(v) Preparation of slope for bank protection work will be as minimum as possible.
(vi) Careful construction (ensuring mitigation measures are in place, monitoring in place) for the
rest of the time. Because August to December is Courtship and Mating season of Dolphin;
January-March is matting season of fishing cat; January-April is courtship and mating
seasons of Gharial; March to June is mating season of turtle; and migratory birds arrives and
stays in August to March.
(vii) Conduct continuous inspection for leaks prior to and during each construction activity (e.g.,
concrete pouring).
(viii) Gradually ramp up the sound levels (pile diving) to scare the dolphins, gharial and other
important reptiles away before piling commences. Use pingers upstream and downstream to
Section VII – Works’ Requirements 175

chase away dolphins and aquatic reptiles. Monitor area for these creatures to ensure they are
well away from the piling site – scare them away using pingers if they are within the high
noise emission zone prior to noisy construction activities.
(ix) Assorted concrete blocks and geo-bags will be placed below the water surface in a manner
that creates small caves and hide-away locations for catfish and other small to medium sized
aquatic fauna.
(x) Adopt ESCOP 1, 2, 7, 9, 10, 11, 12, 13 and 19

Critical Habitats:
(i) No construction activities during the wet season due to technical difficulties would benefits
Dolphin, Gharial, Baghair and other species triggering CH. Monsoon is birth period for
Dolphin, nesting & hatching period for Gharial, breeding period of resident birds, breeding
and nesting period of turtle (partial).
(ii) No placement of Jetty in areas where threatened terrestrial fauna can be found.
(iii) Halting of geo-bag dumping and pile driving when pods of Dolphin are present nearby.
(iv) Preparation of slope for bank protection work will be as minimum as possible.
(v) The length of the groin (towards river) has been reduced to avoid the deep scouring area
(potentially deep pool area which is a known habitat of Baghair) of the channel.
(vi) Implementation of works will be appropriately supervised to ensure they are implemented
correctly to avoid having to be redone and duplicate adverse impacts.
(vii) Placement of assorted CC blocks and geo-bags at the toe of the revetments and groins to
create small caves and crevasses to favor Baghair and other catfish habits.
(viii) Implement a strict prohibition of any disturbance/killing/trading of Dolphin, Fishing Cat,
Baghair, and other species triggering critical habitat criteria.
(ix) Adopt ESCOP 1, 2, 7, 9, 10, 11, 12, 13 and 19.

Protection of Fisheries: In the construction phase, impacts on fisheries are expected due to the
change in water quality due to materials wash water at the construction site, mixing of suspended
sediment and substrates in water column etc. The underwater noise might also disturb the fish. In
the post construction phase, the expected impacts are disappearance of existing habitat and
appearance of new habitat at the revetment sites, disappearance of channel and the submersible
Char including the embankments. The impacts of the construciton of groins on fisheries resources
have been assessed based on the following assumptions:
(a) Materials wash water from the construction sites as well as from ready mixed concrete
machinery may contaminate and cause the river water turbid locally.
(b) Sloping and leveling the eroded bank of the river for setting up CC blocks may disappear the
scour habitats.
(c) Bank protection work by CC blocks may alter muddy bank habitat to concrete bank habitat,
which may cause appearance of new habitats in the aftermath.
Section VII – Works’ Requirements 176

(d) Throwing of plastic bottles, plastic bags and food packaging waste by passengers to the river
at Jetty site may degrade aquatic condition of the river locally.
(e) Construction of groins may deflect the flow, which may hit the opposite bank of the channel
and erode the bank as well. In this project, the structure of the groin has been designed in
such a way that the deflected flow would not affect the opposite bank of the channel and the
submergible Char along with the embankments as well. Therefore, the groins would not
affect the bio-periods of fishes.

The available mitigation measures to the Contractor may be as follows:

(i) No Construction activities in wet season (breeding, spawning, nursing and growing season
of major fishes like carp, Air, Baghair, Hilsha and other inland fishes).
(ii) The extent of river wide construction must be minimized by giving importance to fish and
biodiversity.
(iii) Prohibit fishing by the project worker in the declared fish sanctuary area (including the
project AOI).
(iv) Placement of assorted CC blocks and geo-bags at the toe of the revetments and groins to
create small caves and crevices that favor Baghair and other fish habitats.
(v) Further measures will be detailed out in ESCOP 1, 2, 3, 9, 10, 11, 13, 15.

Socio-Economic Impacts: The project implementation requires both local and outsider labors,
who are anticipated to work until the implementation period is over. The outsider laborers (which
are relatively small) will, therefore, need to stay in the project area for a long time and to interact
with the local community. The socio-cultural life in the project area, like rural areas of
Bangladesh, is homogenous in terms of their common cultural practices, beliefs, social structures,
etc. Because of this homogeneity, any outsiders can encounter socio-cultural shock in the host
communities. Thus, the stay of outsider labors may also bring shock for both them and for the
host communities. Eventually, social tensions may arise in the project area. Below, mitigation
measures against this impact are described. However, the labor influx is expected to be low due
to the scale of the project and the expected labor requirement is around 300. A maximum of 200
non-local workers is estimated. However, the maximum possible number of non-local labor in
place at a time would not be more than 100, which might be at the time of geo-bag disposal, the
most labor-intensive activity. The Contractor will prepare a detailed Labor Management Plan and
Procedures to mitigate the labor influx in the local community.
Below describes the mitigation measures against the impacts of labor influx to complement the
LMP.
(a) Unskilled workers who comprise most of the workers may be hired locally/from the
host/local communities.
(b) If required laborers are not found in the local area, laborers from the closest villages may be
recruited.
(c) Develop a good relationship with local community or community leader by Contractor and
head of the laborers to maintain peaceful environment with the community.
Section VII – Works’ Requirements 177

(d) Inform and train up laborers on the etiquettes of intermixing with local community.
(e) Proper accommodation for laborers at the project site with civic facilities.
(f) Meeting with community leaders to discuss their issues/concerns (if any).
(g) Develop a grievance redress mechanism to register and resolve related complaints.
(h) Develop guidelines for training laborers in the Worker’s Code of Conduct of Community
Mixing.
(i) All workers must sign and abide by a code of conduct compliant with all project ES
conditions.
(j) Further measures will be implemented according to ESCOP 1, 15, 17, 18.
(k) Financial contribution to common property resources such as local mosque, temple, etc.
under CSR.
(l) Strong control of the movement of laborers and regular health checkup.
(m) Arrange medical units for emergency treatment and health guidelines and training laborers
regarding health and hygiene.
(n) Provide health-related equipment such as masks, sanitizers, etc.
(o) Follow the health-related protocol in the working sites as well as in accommodation place.
(p) Provide medicine and consultation.
(q) Health insurance for laborers.
(r) Provision of Medical or Sick leave.
(s) Provide health-related equipment to the community as well.

Protection of Community Disturbance: Pollution, especially from noise, dust, waste and
wastewater and visual obstruction due to construction activities, causes community disturbance
and nuisance. The mitigation measures for such impacts are described below:
(a) Use low sound and low polluting construction equipment.
(b) Set up workstation at a designated place.
(c) Transportation of construction materials at night to minimize pressure on roads.
(d) Setup construction site at a location away from the settlement and major road.
(e) Construction camps will be established in brownfield sites or areas of minimal impact in
consultation with local communities.
(f) Consultation with the communities to inform them of construction works before they occur.
(g) Set up a grievance redress committee involving community leaders.
(h) Spraying water around the construction site.
(i) Regular meetings with local people and community leaders.
(j) Adopt mitigation measures proposed against noise, air quality, waste, etc.
Section VII – Works’ Requirements 178

(k) Any other mitigation measures are described in ESCOP 1, 3, 9, 10, 11, 14, 18.

Control of Soil Pollution: Project site soil and sediment can be polluted due to disposal of solid
and liquid waste of construction works, operation of heavy equipment, pilling activities, oil
spillage of construction vehicles, etc. Mitigation measures may be as follows:
(a) Construction vehicles will remain on compacted gravel roads.
(b) Fuel, lubricating oil, and used oil storage areas will be in the designated area.
(c) Daily collection and disposal of construction waste, debris, oil, fuel spillage, used oil etc.
(d) Covering the road shoulders and slopes by the first growing turf.

Traffic Management: Materials carrying vehicles and construction vehicles may damage the
environment in the construction area and road and this may be a disturbance to nearby community.
Without proper traffic management accidents may also occur. Consequence management and
mitigation measures are suggested below:
(a) Defensive driving training of drivers and proper maintenance of vehicles.
(b) Establishing diversion roads during the construction.
(c) Place traffic sign/cautionary sign to avoid undue traffic congestion.
(d) At night, the passage shall be delineated with lanterns/ suitable light source.
(e) For regulation of traffic, the flagmen shall be equipped with red and green flags and
illuminating vest at night especially near at intersection.
(f) Development and implementation of site-specific traffic management plan as appropriate.

Management of Hazardous and non-hazardous waste: The Project will generate both solid
non-hazardous and hazardous wastes throughout the construction phase. The anticipated non-
hazardous waste types include excavated material, broken aggregates, Municipal Solid Waste,
concrete from broken piles, wastewater etc. While hazardous waste may include used oil, empty
drums or replaced parts of the construction machinery, used battery, road marking paint etc.
Mitigation Measures are given below:
(a) The hazardous waste/e-waste to be collected in steel drums and stored in a segregated roofed
area and periodically disposed at approved waste disposal facilitates.
(b) The camp site shall have compost pits for treating organic waste and separate bins for
collecting the inorganic waste, which shall be disposed at nearest disposal sites.
(c) Construction camps and site shall always be in clean and tidy conditions and shall be
provided with appropriate and adequate facilities for temporary dumping of all types of
wastes before their proper disposal.

De-Commissioning of Facilities after Completion of Works: The Contractor is required to

remove labor camp at the completion of contract which may pose risk of exposure to dust,
Section VII – Works’ Requirements 179

generation of liquid and solid waste, noise, vibration for which adequate mitigation measures have
to be undertaken as mentioned above. Besides, specially trained persons to be employed to remove
potentially hazardous materials from the campsite like insulations or structural elements containing
asbestos, electrical components etc. The concrete plant or heavy machineries installed during
construction should be dismantled during de-commissioning without causing any harm to the
environment and local community and the area is to be cleared off from any debris or residual
concrete or other substances.

GCC Clause 4.21 – Security of the Site: The Contractor shall provide required security to
safeguard its personnel and property, with employing enough security personnel at the Site and
Site offices. The Contractor shall:
(a) conduct appropriate background checks on any personnel retained to provide security;
(b) 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, PMU personnel, and affected communities; and
(c) require the security personnel to act within the applicable Laws.

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 as per the applicable Laws.

GCC Clause 4.23(c) – Archeological and Geological Findings: The Contractor shall protect
archeological/cultural or built heritage, whether tangible or intangible and irrespective of legally
recognized or protected, from the adverse impacts of construction activities that are linked to
excavations, pilling, vibrations from heavy machinery and equipment, or other physical changes
including air or water pollution or changes in water level, and support its preservation, primarily
through the identification of such findings in safeguard screening documents or consultation with
the people in surrounding areas and national or subnational cultural heritage authorities, assess the
risks and impacts from the construction activities, and put actions to avoid, mitigate, and/or
manage them. Such actions may include halting construction activities, protection of heritage
sites, limiting visits, or community-sanctioned movement around the place, etc. and it is important
that any protective or conservative measures must coincide with national laws and involve relevant
authorities.

‘Chance finds Procedure’ shall be adopted by the Contractor if previously unknown cultural/
archeological heritage or geological footprint is encountered during construction activities, which
may include, but not limited to, a single artifact, an artifact indicating the presence of a buried
archaeological site, human remains, fossilized plant or animal remains or animal tracks, or a
natural object or soil feature that appears to indicate the presence of archaeological materials,
rock/sediment strata containing undefined object, fissures of gases, oil, etc. The procedure will
include a requirement to:
(a) notify relevant authorities of found objects or sites;
(b) fence-off the area of finds or sites to avoid further disturbance;
Section VII – Works’ Requirements 180

(c) conduct an assessment of found objects or sites by the relevant authority;

(d) help identify and implement actions consistent with the requirements of national law; and
(e) train Contractor’s Personnel and workers on chance find procedures.

GCC Clause 6.2 – Rates of Wages and Conditions of Labor: The Contractor shall:
(a) provide written agreement of contract to workers and payment slip;
(b) ensure no discrimination on employment and payment of wages between male and female
workers;
(c) pay wages as per current Labor Law and Government regulation;
(d) keep records of hours worked, remuneration and deductions (including overtime);
(e) maintain records of incidents and corresponding Root Cause Analysis (lost time incidents,
medical treatment cases), first aid cases, high potential near misses, and remedial and
preventive activities required (for example, revised job safety analysis, new or different
equipment, skills training, and so forth)
(f) establish a GRM to raise worker grievances; and
(g) not engage any Child Labor and Forced Labor.

GCC Clause 6.5 – Working Hours: Notwithstanding anything contained anywhere, the daily
working hours for an adult worker shall be eight (8) hours, excluding breaks for meal and rest, and
a worker shall be allowed to work for daily 10 (ten) hours subject to the payment of overtime
allowance in accordance with the provision of Section 108 of Bangladesh Labor Act 2006, which
is a legal obligation for the contractor. The workers are entitled to enjoy one (1) day for weekly
holiday and 11 days of festival holidays in a year with wages.

GCC Clause 6.28 – Training of Contractor’s Personnel: The Contractor shall brief the workers
about their health, hygiene, and safety protocols, and overall ES management regularly and
conduct training program for raising awareness and knowledge on ES issues. The Contractor shall
promote the methods for implementation of health and safety requirements and provide personal
protective equipment (PPE) to the workers. The Contractor will undertake awareness building
programs for the workers to prevent sexual exploitation and abuse (SEA) and sexual harassment
(SH), regularly consult with the workers both male and female, brief them about behavioural
matter to avoid any SEA/SH and sexually transmitted diseases (STDs) and communicable
diseases.

The Contractor is to arrange training for the workers on the following issues:
(a) GBV/SEA/SH (Gender Based Violence/Sexual Exploitation and Abuse/ Sexual
Harassment, Codes of Conduct)
(b) Health and hygiene
(c) Occupational Health and Safety
(d) Community Health and Safety
Section VII – Works’ Requirements 181

(e) Awareness training about communicable diseases like STDs, HIV/AIDs etc.
(f) Efficient use of resources and prevention of pollution
(g) Standard operating procedures (SOP) for construction works
(h) Emergency Procedure and Response
(i) Waste Management
The Contractor will indicate the duration, frequency and timing of these training. The details of
the training shall be documented and made available to the PMU for monitoring.
The Contractor will need to maintain labour relations with local communities through a code of
conduct (CoC). The CoC commits all persons engaged by the Contractor, including sub-
contractors and suppliers, to acceptable standards of behaviour. The CoC must include sanctions
for non-compliance, including non-compliance with specific policies related to gender-based
violence, sexual exploitation and sexual harassment (e.g., termination). The CoC should be written
in plain language (both English and Bangla) and signed by each worker indicate that they have:
(i) received a copy of the CoC as part of their contract;
(ii) had the CoC explained to them as part of induction process;
(iii) acknowledged that adherence to this CoC is a mandatory condition of employment; and
(iv) understood that violations of the CoC can result in serious consequences, up to and
including dismissal, or referral to legal authorities.
A copy of the CoC shall be displayed in varous locations in and around the Site that is easily
accessible to the community and the Contractor’s Personnel.

The Employer will arrange a one-day training at Site for the top level of Employer’s Personnel
and senior citizens of local communities to provide knowledge and management of ES and Codes
of Conduct Practices to be followed by the Contractor’s Personnel during execution of Works.

ES Monitoring: The purpose of the compliance monitoring is to ensure that the Contractor
implements the mitigation measures mentioned in the C-ESMP effectively and timely. This
monitoring will generally be carried out by the Civil Engineer to be recruited by the Contractor,
Project Supervison Consultant of the Employer and PMU specialist with the help of checklists to
be prepared on the basis of the mitigation measures. It is to be noted that monitoring will be carried
out regularly by the Contractor and the PMU as and when necessary. A sample checklist has been
shown in Table below.
Table: Environmental Compliance Monitoring by Visual observation during construction phase
Monitored Monitoring Method/ Key Location of Frequency of
Parameter/ Issues Aspects Monitoring Monitoring Responsible
Frequency of training and • Once a month
Safety orientation and Construction
orientation of workers for • Reporting: Once a
training of workers Site and other
safety. month
places as
• Daily
Personal Protective Ensure that every single mentioned
• Reporting: Once a
Equipment person involved in the above
month
Section VII – Works’ Requirements 182

Monitored Monitoring Method/ Key Location of Frequency of

Parameter/ Issues Aspects Monitoring Monitoring Responsible
activities wears and uses
safety equipment. Contractor
• Daily
Monitoring process of Project
Worker’s health • Reporting: Once a
worker’s health Supervision
month
Consultant
Sanitation and Availability of safe drinking • Daily
drinking water water and sanitation to the • Reporting: Once a PMU
facility to the workers workers month
Documented record of all • Daily
Incident record and BWDB
incidents, accidents and • Reporting: Once a
reporting
remedial processes. month
Isolation of site from general
• Daily
Site security/ Fencing access by fencing, restriction
• Reporting: Once a
at the site of the un-authorized entry in
month
the site.
Bulletin/ • Daily
Visible in good condition or
announcement boards/ • Reporting: Once a
not
prohibition signs month
-Switched-off diesel engines
• Daily
when not in use
Equipment /vehicles • Reporting: Once a
-Search any possible leakage
month
-Fueling.
• Daily
Dust Dust is visible or not • Reporting: Once a
month
• Daily
Using a portable noise
Noise • Reporting: Once a
detector
month
• Daily
Oily waste generation Quantity of oily waste, storage
• Reporting: Once a
and disposal and disposal
week
• Daily
Solid waste Quantity of solid waste and
• Reporting: Once a
generation disposal
month
Direct survey in the field by
interviews with the women in • Daily
Gender equity order to ensure that there are • Reporting: Once a
not any gaps between male month
and female.
No child and Forced Labor • Daily
Child labor and
will be engaged in the • Reporting: Once a
Forced Labor
activities. month
• Daily
Handling of
Fueling, storage, operation • Reporting: Once a
hazardous materials
month
• Daily
Traffic movement Inspection and record keeping • Reporting: Once a
month
Section VII – Works’ Requirements 183

Payment for ES Requirements

All the ES requirement-related costs are included in the BOQ items and payment will be made
based on the progress of the activities mentioned above. Unless otherwise specifically provided
as itemized costs in the BOQ sections, the cost incurred by the Contractor for any of these ES
interventions shall be deemed to have been covered by the Contractor’s relevant main item of
Works.
Section VII – Works’ Requirements 184

Contractor’s Representative and Key Personnel

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

Contractor’s Representative and Key Personnel

Item Minimum years of
Relevant academic
No. Position/specialization relevant work
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 addressing
relevant experience in issues related to sexual
addressing sexual exploitation, sexual
exploitation, sexual abuse and abuse and sexual
sexual harassment cases] harassment]
6 [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 185

Drawings (Volume II of II)

Provided in Volume II of II.

(Separate Volume)
Section VIII – General Conditions of Contract 187

PART 3 – Conditions of Contract and

Contract Forms
 Section VIII – General Conditions of Contract 188

Section VIII - General Conditions (GC)

Red Book:

© FIDIC 2017 - 2022. All rights reserved.

The Conditions of Contract are the “General Conditions” which form part of the “Conditions of
Contract for Construction for Building and Engineering Works Designed by the Employer (“Red
book”) Second edition 2017, reprinted 2022 with amendments” published by the Federation
Internationale Des Ingenieurs – Conseils (FIDIC) and the following “Particular Conditions” which
comprise of the World Bank’s COPA and the amendments and additions to such General
Conditions.

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

International Federation of Consulting Engineers (FIDIC)

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

Fax: +41 22 799 49 054

Telephone: +41 22 799 49 01

E-mail: fidic@fidic.org

www.fidic.org

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

Section IX – Particular Conditions of Contract 189

Section IX - Particular Conditions

The following Particular Conditions shall supplement the General Conditions. Whenever there is
a conflict, the provisions herein shall prevail over those in the General Conditions.
Section IX – Particular Conditions of Contract 190

Conditions

Part A – Contract Data

Conditions Sub-Clause Data
Where the Contract allows 1.1.20 5% (five percent)
for Cost Plus Profit,
percentage profit to be added
to the Cost
Employer’s name and 1.1.31 Project Director, Jamuna River Sustainable
address Management Project-1 (BWDB Component)
Address: Pani Bhaban, Level 4, Block H, Room No.
417, BWDB, 72 Green Road, Dhaka-1205,
Bangladesh.
E-mail: pd.jrsmpwdb@gmail.com
Engineer’s name and address 1.1.35 Construction Supervision and Management
Consultant [to be appointed by the Employer].
Bank’s name 1.1.89 The World Bank
Borrower’s name 1.1.90 The People’s Republic of Bangladesh
Time for Completion 1.1.84 24 months
Defects Notification Period 1.1.27 365 days. (one year)
Sections 1.1.73 N/A
Electronic transmission 1.3 (a) (ii) E-mail designated for the purpose.
system
Address of Employer for 1.3(d) Project Director, Jamuna River Sustainable
communications: Management Project-1 (BWDB Component)
Address: Pani Bhaban, Level 4, Block H, Room No.
417, BWDB, 72 Green Road, Dhaka-1205,
Bangladesh.
E-mail: pd.jrsmpwdb@gmail.com
Address of Engineer for 1.3(d) [To be inserted before contract signing]
communications:
Address of Contractor for 1.3(d) [To be inserted before contract signing]
communications:
Governing Law 1.4 The laws of the People’s Republic of Bangladesh
Ruling language 1.4 English
Language for 1.4 English
communications
Time for the Parties to sign a 1.6 As in Sub-Clause 1.6
Contract Agreement
Number of additional paper 1.8 Three (3)
copies of Contractor’s
Documents
Section IX – Particular Conditions of Contract 191

Conditions Sub-Clause Data

Total liability of the 1.15 110% of the Accepted Contracted Amount_______
Contractor to the Employer (sum)
under or in connection with
the Contract
Site 1.1.74 Defined in Section VII (Works’ Requirements)
Time for access to the Site 2.1 No later than the Commencement Date.
Engineer’s Duties and 3.2 In addition to the duties and authority given under
Authority this Contract, the Engineer will review and update
the drawings during construction stage, make
modifications (if required), prepare the detailed
design, supervise and monitor the construction
works, and manage the Contract on behalf of the
Employer. In doing such work by the Engineer, if
there is a necessity of financial implication (like,
amendment of contract, variation of contract
amount, except the works carried out under
Provisional Sum), the Engineer will take prior
consent from the Employer before communicating
his/her decision to the Contractor.

In addition, Gaibandha SMO (Gaibandha Water

Development Division of BWDB) will also carry
out top level supervision and monitoring of the
construction works as being part of the Employer
from Operation & Maintenance (O&M) perspective
when the works will be undergone for O&M phase.
Any instructions resulting from the above shall be
communicated to the Contractor by the Engineer.
Any instructions resulting from the above shall be
communicated to the contractor by the Engineer.
Cyber security- Contractor’s 4.1 N/A
obligations
Performance Security 4.2 The Performance Security will be in the form of a
demand guarantee in the amount(s) of [9%] percent
of the Accepted Contract Amount and in the same
currency (ies) of the Accepted Contract Amount.
Environmental and Social 4.2 The ES Performance Security will be in the form of
(ES) Performance Security a “demand guarantee” in the amount(s) of [1%] of
the Accepted Contract Amount and in the same
currency (ies) of the Accepted Contract Amount.
Period for notification of 4.7.2 (a) 28 Days
errors in the items of
reference
Section IX – Particular Conditions of Contract 192

Conditions Sub-Clause Data

Period of payment for 4.19 The Employer shall not provide any temporary
temporary utilities utilities for the Contractor’s use.
Number of additional paper 4.20 Five (5) copies
copies of progress reports
Cyber security 4.20 N/A
Cyber security-immediate 4.20 N/A
reporting
Maximum allowable 5.1(a) 20% (twenty percent)
accumulated value of work
subcontracted (as a
percentage of the Accepted
Contract Amount)
Parts of the Works for which 5.1(b) Except ‘Protective Works”, all other works are not
subcontracting is not permitted to subcontract.
permitted
Normal working hours 6.5 As per the existing Labor Laws of Bangladesh
Number of additional paper 8.3 Five (5) copies
copies of program
Delay damages payable for 8.8 0.05% of the Accepted Contract Amount, less
each day of delay Provisional Sum for DAAB.
Maximum amount of delay 8.8 10% of the Accepted Contract Amount less
damages provisional sum for DAAB.
Method of measurement 12.2 As described in the Specifications, BOQ section of
the Tender Document.
Percentage profit 12.3 As stated under 1.1.20 above
Cyber security- Variation 13.3.1(a) N/A
Percentage rate to be applied 13.4 (b)(ii)
to Provisional Sums for This is not applicable for Provisional sum for cost
overhead charges and profit of service of DAAB.
Total advance payment 14.2 10% of the Accepted Contract Amount (less
Provisional Sums) payable in the currencies and
proportions in which the Accepted Contract
Amount is payable.

Repayment of Advance 14.2.3 (a) minimum amount of certified interim payments

payment to commence repayment of the Advance Payment,
as a percentage of the Accepted Contract Amount
payable in that currency less Provisional Sums is
20%
(b) percentage deductions for the repayment of the
Advance Payment shall be 25%.
Provided that the advance payment shall be
completely repaid prior to the time when 90 percent
(90%) of the Accepted Contract Amount Less
Provisional Sums has been certified for payment.
Section IX – Particular Conditions of Contract 193

Conditions Sub-Clause Data

Period of payment 14.3 Each month or 5% of the Accepted Contract
Amount less Provisional Sums which comes later
but the total number of Interim Payments (except
the final payment) shall not be more than 20.
Number of additional paper 14.3(b) Five (5) copies
copies of Statements
Percentage of retention 14.3(iii) 10%
Limit of Retention Money 14.3(iii) 5%
(as a percentage of Accepted
Contract Amount)
Plant and Materials N/A
14.5(b)(i)
14.5(c)(i) N/A
Minimum Amount of 14.6.2 5% of the Accepted Contract Amount.
Interim Payment Certificates
Cyber security- withholding 14.6.2 N/A
payments
Period of payment of 14.7(a) 28 days
Advance Payment to the
Contractor
Period for the Employer to 14.7b(i) 56 days
make interim payments to
the Contractor under Sub-
Clause 14.6 (interim
Payment)
Period for the Employer to 14.7b(ii) 28 days
make interim payments to
the Contractor under Sub-
Clause 14.13 (Final
Payment)
Period for the Employer to 14.7(c) 56 days
make final payment to the
Contractor
financing charges for 14.8 Local Currency Payment: 1% above the Bank
delayed payment Rate published by Bangladesh Bank on its website
(percentage points above the (https://www.bb.org.bd/en/index.php).
average bank short-term Foreign Currency Payment: At the prevailing
lending rate as referred to interbank offered rate of the country of the
under sub-paragraph (a)) currency.
Number of additional paper 14.11.1(b) Five (5) copies
copies of draft Final
Statement
Forces of nature, the risks of 17.2(d) Flood, cyclone, earthquake, tornado, etc.
which are allocated to the
Contractor
Section IX – Particular Conditions of Contract 194

Conditions Sub-Clause Data

Permitted deductible limits 19.1 insurance required for the Works: USD 5000.00
per occurrence.
insurance required for Goods: USD 2,000.00 per
occurrence.

insurance required for liability for breach of

professional duty: Not Applicable

insurance required against liability for fitness for

purpose: Not Applicable
insurance required for injury to persons and
damage to property: USD 500.00 for each and every
incident.
insurance required for injury to employees: USD
100.00 for each and every incident and for each
person.

Additional amount to be 19.2.1(b) 15%

insured (as a percentage of Extent of insurance for Works is 1.15 times the
the replacement value, if less Accepted Contract Amount.
or more than 15%)
Contractor’s All Risk (CAR) Policy is to be
provided.
List of risks arising from 19.2.1(iv) Flood, cyclone, earthquake, tornado, etc.
Exceptional Events which
shall not be excluded from
the insurance cover for the
Works
Extent of insurance required 19.2.2 Full replacement values including delivery to Site.
for Goods
Contractor’s All Risk (CAR) Policy is to be
provided.
Amount of insurance Full replacement values including delivery to Site.
required for Goods
Contractor’s All Risk (CAR) Policy is to be
provided.
amount of insurance 19.2.3(a) Not Applicable
required for liability for
breach of professional duty
Insurance required against 19.2.3(b) Not Applicable
liability for fitness for
purpose
Section IX – Particular Conditions of Contract 195

Conditions Sub-Clause Data

Period of insurance required 19.2.3 Not Applicable
for liability for breach of
professional duty
Amount of insurance 19.2.4 For injury to person: USD 10,000.00 for each and
required for injury to persons every occurrence and for each person without limit
and damage to property of occurrence.
For Property: USD 50,000.00 for each and every
occurrence without limit of occurrence.
Other insurances required by To be determined by the Contractor.
Laws and by local practice
(give details)
Time for appointment of 21.1 42 days after signature by both parties of the
DAAB member (s) Contract Agreement
The DAAB shall be 21.1 One sole Member
comprised of
List of proposed members of 21.1 If the Contract is with the foreign Contractor (or if
DAAB the lead partner is a foreign contractor): Proposed
by Employer

To Be Determined
1.
(CV attached in VOL-IV)
If the Contract is with domestic Contractor:
Proposed by the Employer
1. XXX

If the Contract is with the foreign Contractor (or if

the lead partner is a foreign contractor): Proposed
by Contractor
1.----------

If the Contract is with domestic Contractor:

Proposed by the Contractor
1.----------

Table: Summary of Sections (if any) [Not applied]

Description of parts of Value: Percentage* of Time for Completion Delay Damages
the Works that shall be Accepted Contract (Sub-Clause 1.1.84) (Sub-Clause 8.8)
designated a Section Amount
for the purposes of the (Sub-Clause 14.9)
Contract
(Sub-Clause 1.1.73)
Section IX – Particular Conditions of Contract 196

*These percentages shall also be applied to each half of the Retention Money under Sub-Clause 14.9
Section IX – Particular Conditions of Contract 197

Part B - Special Provisions

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

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

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

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

Sub-Clause 1.1.89 to 1.1.92 are added after Sub-Clause 1.1.88

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

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

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

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

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

following:
Sexual Exploitation and
Abuse (SEA), and Sexual Sexual Exploitation is defined as any actual or
Harassment (SH) attempted abuse of position of vulnerability,
differential power or trust, for sexual purposes,
including, but not limited to, profiting monetarily,
socially or politically from the sexual exploitation of
another;
Sexual Abuse is defined as the actual or threatened
physical intrusion of a sexual nature, whether by force
or under unequal or coercive conditions; and
“Sexual Harassment” “(SH)” is defined as unwelcome
sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature by the
Contractor’s Personnel with other Contractor’s or
Employer’s Personnel.
Section IX – Particular Conditions of Contract 198

“SEA/SH Prevention and Response Obligations”

means the Contractor’s obligations in regard to the
prevention of and response to SEA/SH as set forth in Sub-
Clauses 4.1, 4.20, 4.25, 5.1, 6.9, 6.27, and 6.28.

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

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

Sub-Clause 1.5 The following documents are added in the list of Priority
Documents after (e):
Priority of Documents
“(f) the Particular Conditions Part C- Fraud and Corruption;
(g) the Particular Conditions Part D- Environmental and Social
(ES) Metrics for Progress Reports;
(h) Particular Conditions- Part E- Sexual Exploitation and
Abuse (SEA) and/or Sexual Harassment Performance
Declaration for Subcontractors;”
and the list renumbered accordingly.

Sub-Clause 1.6 The last paragraph is replaced with:

Contract Agreement “If the Contractor comprises a JV, the authorised
representative of the JV shall sign the Contract Agreement in
accordance with Sub-Clause 1.14 [Joint and Several
Liability].”

Sub-Clause 1.12 The following is added at the end of the second paragraph:
“The Contractor shall be permitted to disclose information
Confidentiality
required to establish its qualifications to compete for other
projects.”
Section IX – Particular Conditions of Contract 199

“or” at the end of (b) is deleted.

“or” at the end of (c) is added.
The following is then added as (d): “is being provided to the
Bank.”

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

Inspections & Audit by “Pursuant to paragraph 2.2 e. of Particular Conditions - Part C-
the Bank Fraud and Corruption, the Contractor shall permit and shall
cause its agents (where declared or not), subcontractors,
subconsultants, service providers, suppliers, and personnel, to
permit, the Bank and/or persons appointed by the Bank to
inspect the site and/or the accounts, records and other
documents relating to the procurement process, selection
and/or contract execution, and to have such accounts, records
and other documents audited by auditors appointed by the
Bank. The Contractor’s and its Subcontractors’ and
subconsultants’ attention is drawn to Sub-Clause 15.8 (Fraud
and Corruption) which provides, inter alia, that acts intended
to materially impede the exercise of the Bank’s inspection and
audit rights constitute a prohibited practice subject to contract
termination (as well as to a determination of ineligibility
pursuant to the Bank’s prevailing sanctions procedures).”

Sub-Clause 2.4 The first paragraph is replaced with:

Employer’s Financial “The Employer shall submit, before the Commencement Date,
Arrangements reasonable evidence that financial arrangements have been
made for financing the Employer’s obligations under the
Contract.”
The following sub-paragraph is added at the end of Sub-Clause
2.4:
“In addition, if the Bank has notified to the Borrower that the
Bank has suspended disbursements under its loan, which
finances in whole or in part the execution of the Works, the
Employer shall give notice of such suspension to the
Contractor with detailed particulars, including the date of such
notification, with a copy to the Engineer, within 7 days of the
Borrower having received the suspension notification from the
Bank. If alternative funds will be available in appropriate
currencies to the Employer to continue making payments to the
Contractor beyond a date 60 days after the date of Bank
notification of the suspension, the Employer shall provide
reasonable evidence in its notice of the extent to which such
funds will be available.”
Section IX – Particular Conditions of Contract 200

Sub-Clause 2.6 [If Employer- Supplied Materials are listed in the Works’
Requirements for the Contractor’s use in the execution of
Employer-Supplied Works, the following provisions may be added]:
Materials and
Employer’s Equipment The following is added after the last paragraph of Sub-Clause
2.6:
“The Employer shall supply to the Contractor the Employer-
Supplied Materials listed in the Specification, at the time(s)
stated in the Specification (if not stated, within the times that
shall be required to enable the Contractor to proceed with
execution of the Works in accordance with the Programme).
When made available by the Employer, the Contractor shall
visually inspect the Employer-Supplied Materials and shall
promptly give a Notice to the Engineer of any shortage, defect
or default in them. Thereafter, the Contractor shall rectify such
shortage, defect or default to the extent instructed by the
Engineer. Such instruction shall be deemed to have been given
under Sub-Clause 13.3.1 [Variation by Instruction].
After this visual inspection, the Employer-Supplied Materials
shall come under the care, custody and control of the
Contractor. The Contractor’s obligations of inspection, care,
custody, and control shall not relieve the Employer of liability
of any shortage, defect or default not apparent from a visual
inspection.”
[If Employer’s Equipment are listed in the Specification for the
Contractor’s use in the execution of Works, the following
provisions may be added]:
The following is added after the last paragraph of Sub-Clause
2.6:
“The Employer shall make the Employer’s Equipment listed in
the Specification available to the Contractor at the time(s)
stated in the Specification (if not stated, within the times that
shall be required to enable the Contractor to proceed with
execution of the Works in accordance with the Programme).
Unless expressly stated otherwise in the Specification, the
Employer’s Equipment shall be provided for the exclusive use
of the Contractor.
When made available by the Employer, the Contractor shall
visually inspect the Employer’s Equipment and shall promptly
give a Notice to the Engineer of any shortage, defect or default
in them. Thereafter, the Contractor shall rectify such shortage,
defect or default to the extent instructed by the Engineer. Such
Section IX – Particular Conditions of Contract 201

instruction shall be deemed to have been given under Sub-

Clause 13.3.1 [Variation by Instruction].
The Contractor shall be responsible for the Employer’s
Equipment while it is under the Contractor’s control and/or any
of the Contractor’s Personnel is operating it, driving it,
directing it, using it, or in control of it.
The Contractor shall not remove from the Site any items of the
Employer’s Equipment without the consent of the Employer.
However, consent shall not be required for vehicles
transporting Goods or Contractor’s personnel to or from the
Site.”
Sub-Clause 2.7
The following new Sub-Clause is added
SEA/SH Conference “The Employer shall organize and run a SEA/SH orientation
conference as soon as possible after the constitution of the
DAAB and prior to the commencement of any physical work.
The SEA/SH orientation conference shall be attended by the
Contractor, its Subcontractors, the Engineer, the DAAB
members and all other relevant persons. The objective of the
SEA/SH orientation conference shall be to ensure a common
understanding of all SEA contractual requirements and
remedies, including those available under Sub-Clause 21.9
[SEA/SH Referrals], Sub-Clause 21.10 [Dissatisfaction with
DAAB’s decision of SEA/SH Referrals] and Sub-Clause 21.11
[Bank’s disqualification of the Contractor and its
Subcontractor/s].

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

Sub-Clause 3.2 The Engineer shall obtain the consent in writing of the
Engineer’s Duties and Employer before taking action under the following Sub-
Clauses of these Conditions:
Authority
(a) Sub-Clause 13.1: Right to vary - instructing a variation,
except;
(i) in an emergency situation as determined by the
Engineer; or
(ii) (if such a Variation would increase the
Accepted Contract Amount by less than the
percentage specified in the Contract Data.
Section IX – Particular Conditions of Contract 202

(b) Sub-Clause 13.2 (Value Engineering): stating consent or

otherwise to a value engineering proposal submitted by
the Contractor in accordance with Sub-Clause 13.2.
Notwithstanding the obligation, as set out above, to obtain
consent in writing, if, in the opinion of the Engineer, an
emergency occurs affecting the safety of life or of the Works
or of adjoining property, it may, without relieving the
Contractor of any of his duties and responsibility under the
Contract, instruct the Contractor to execute all such work or to
do all such things as may, in the opinion of the Engineer, be
necessary to abate or reduce the risk. The Contractor shall
forthwith comply, despite the absence of consent of the
Employer, with any such instruction of the Engineer. The
Engineer shall determine an addition to the Contract Price, in
respect of such instruction, and EOT if any, in accordance with
Clause 13 and shall notify the Contractor accordingly, with a
copy to the Employer.

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

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

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

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

Sub-Clause 4.1 The following is inserted after the paragraph “The Contractor
shall provide the Plant (and spare parts, if any) …”:
Contractor’s General
Obligations “All equipment, material, and services to be incorporated in or
required for the Works shall have their origin in any eligible
source country as defined by the Bank.”
The following is inserted after the paragraph “The Contractor
shall, whenever required by the Engineer...”:
“The Contractor shall not carry out mobilization to Site (e.g.
limited clearance for haul roads, site accesses and work site
establishment, geotechnical investigations or investigations to
select ancillary features such as quarries and borrow pits)
Section IX – Particular Conditions of Contract 203

unless the Engineer gives a Notice of No-objection to the

Contractor, a Notice that shall not be unreasonably delayed,
to the measures the Contractor proposes to manage the
environmental and social risks and impacts, which at a
minimum shall include applying the Management Strategies
and Implementation Plans (MSIPs) and Code of Conduct for
Contractor’s Personnel submitted as part of the Bid and agreed
as part of the Contract.
The Contractor shall submit to the Engineer for Review any
additional MSIPs as are necessary to manage the ES risks and
impacts of ongoing Works (e.g., excavation, earth works,
bridge and structure works, stream and road diversions,
quarrying or extraction of materials, concrete batching and
asphalt manufacture). These MSIPs collectively comprise the
Contractor’s Environmental and Social Management Plan (C-
ESMP). The Contractor shall review the C-ESMP,
periodically (but not less than every six (6) months), and
update it as required to ensure that it contains measures
appropriate to the Works. The updated C-ESMP shall be
submitted to the Engineer for Review.
The C-ESMP shall be part of the Contractor’s Documents. The
procedures for Review of the C-ESMP and its updates shall be
as described in Sub-Clause 4.4.1 [Preparation and Review].”
The following is added as (g); (g) and (h) of the Sub-Clause
are then renumbered as (h) and (i) respectively.
I. “if so stated in the Specification, the Contractor shall:
(i) design structural elements of the Works taking into
account climate change considerations;
(ii) apply the concept of universal access (the concept of
universal access means unimpeded access for people
of all ages and abilities in different situations and
under various circumstances;
(iii) consider the incremental risks of the public’s
potential exposure to operational accidents or natural
hazards, including extreme weather events; and
(iv) any other requirement stated in the Specification.”
The following is added at the end of the Sub-Clause:
“The Contractor shall provide relevant contract- related
information, as the Employer and/or Engineer may
reasonably request to conduct Stakeholder engagements.
“Stakeholder” refers to individuals or groups who:
(i) are affected or likely to be affected by the Contract; and
Section IX – Particular Conditions of Contract 204

(ii) may have an interest in the Contract.

The Contractor shall also directly participate in Stakeholder
engagements, as the Employer and/or Engineer may
reasonably request.
Pursuant to the Contract Data, 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.”

Sub-Clause 4.2 The first paragraph is replaced with:

Performance Security “The Contractor shall obtain (at its cost) a Performance
and ES Performance Security for proper performance and, if applicable, an
Security Environmental and Social (ES) Performance Security for
compliance with the Contractor’s ES obligations, in the
amounts stated in the Contract Data and denominated in the
currency(ies) of the Contract or in a freely convertible currency
acceptable to the Employer. If amounts are not stated in the
Contract Data, this Sub-Clause shall not apply.”
In the following Sub-Clauses of the General Conditions, the
term “Performance Security” is replaced with: “Performance
Security and, if applicable, an Environmental and Social (ES)
Performance Security”:
2.1- Right of Access to the Site;
14.2- Advance Payment;
14.6- Issue of IPC;
14.12- Discharge;
14.13- Issue of FPC;
14.14 Cessation of Employer’s Liability;
Section IX – Particular Conditions of Contract 205

15.2- Termination for Contractor’s Default;

15.5- Termination for Employer’s Convenience.

Sub-Clause 4.2.1 The first paragraph is replaced with:

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

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

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

Sub-Clause 4.3 The following is added at the end of the last paragraph: “If any
of these persons is not fluent in this language, the Contractor
Contractor’s
shall make competent interpreters available during all working
Representative
hours in a number deemed sufficient by the Engineer.”

Sub-Clause 4.6 The following is added after the first paragraph:

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

Sub-Clause 4.8 The following are included after deleting “and” at the end of
(f) and replacing “.” with “;” at the end of (g):
Health and Safety
Obligations “
(h) provide health and safety training of Contractor’s
Personnel as appropriate and maintain training
records;
Section IX – Particular Conditions of Contract 206

(i) actively engage the Contractor’s Personnel in

promoting understanding, and methods for,
implementation of health and safety requirements, as
well as in providing information to Contractor’s
Personnel, and provision of personal protective
equipment without expense to the Contractor’s
Personnel;
(j) put in place workplace processes for Contractor’s
Personnel to report work situations that they believe
are not safe or healthy, and to remove themselves from
a work situation which they have reasonable
justification to believe presents an imminent and
serious danger to their life or health;
(k) Contractor’s Personnel who remove themselves from
such work situations shall not be required to return to
work until necessary remedial action to correct the
situation has been taken. Contractor’s Personnel shall
not be retaliated against or otherwise subject to
reprisal or negative action for such reporting or
removal;
(l) subject to Sub-Clause 4.6, collaborate with the entities
and Personnel under paragraph (a), (b) and (c) of Sub-
Clause 4.6, in applying the health and safety
requirements. This is without prejudice to the
responsibility of the relevant entities for the health and
safety of their own personnel; and
(m) establish and implement a system for regular (not less
than six-monthly) review of health and safety
performance and the working environment.”
The second and third paragraphs are replaced with the
following:
“Subject to Sub-Clause 4.1, the Contractor shall submit to the
Engineer for Review a health and safety manual which has
been specifically prepared for the Works, the Site and other
places (if any) where the Contractor intends to execute the
Works. The procedures for Review of the health and safety
manual and its updates shall be as described in Sub-Clause
4.4.1 [Preparation and Review].
The health and safety manual shall be in addition to any other
similar document required under applicable health and safety
regulations and Laws.
The health and safety manual shall set out all the health and
safety requirements under the Contract,
Section IX – Particular Conditions of Contract 207

(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) the measures to be taken to avoid or minimize
the potential for community exposure to
water-borne, water-based, water-related, and
vector-borne diseases,
(v) the measures to be implemented to avoid or
minimize the spread of communicable
diseases (including transfer of Sexually
Transmitted Diseases or Infections (STDs),
such as HIV virus) and non-communicable
diseases associated with the execution of the
Works, taking into consideration
differentiated exposure to and higher
sensitivity of vulnerable groups. This includes
taking measures to avoid or minimize the
transmission of communicable diseases that
may be associated with the influx of
temporary or permanent Contract-related
labour;
(vi) the policies and procedures on the
management and quality of accommodation
and welfare facilities if such accommodation
and welfare facilities are provided by the
Section IX – Particular Conditions of Contract 208

Contractor in accordance with Sub-Clause

6.6; and
(b) any other requirements stated in the Specification.
The paragraph starting with: “In addition to the reporting
requirement of…” is deleted and replaced with the addition to
GC Sub-Clause 4.20 in Sub-Clause 4.20 of the Special
Provisions.

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

Access Route “The Contractor shall take all necessary safety measures to
avoid the occurrence of incidents and injuries to any third
party, associated with the use of, if any, Contractor’s
Equipment on public roads or other public infrastructure.
The Contractor shall monitor road safety incidents and
accidents to identify negative safety issues and establish and
implement necessary measures to resolve them.”

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

with:
Protection of the
Environment “The Contractor shall take all necessary measures to:
(a) protect the environment (both on and off the Site); and
(b) limit damage and nuisance to people and property
resulting from pollution, noise and other results of the
Contractor’s operations and/or activities.
The Contractor shall ensure that emissions, surface discharges,
effluent and any other pollutants from the Contractor’s
activities shall exceed neither the values indicated in the
Specification, nor those prescribed by applicable Laws.
In the event of damage to the environment, property and/or
nuisance to people, on or off Site as a result of the Contractor’s
operations, the Contractor shall agree with the Engineer the
appropriate actions and time scale to remedy, as practicable,
the damaged environment to its former condition. The
Contractor shall implement such remedies at its cost to the
satisfaction of the Engineer.”

Sub-Clause 4.20 Replace “4.20 (g) with: “the Environmental and Social (ES)
metrics set out in Particular Conditions - Part D.”
Progress Reports
The following paragraph is added prior to the paragraph
starting with: “However, nothing stated…”: “Unless otherwise
stated in the Contract Data, progress reports shall include status
Section IX – Particular Conditions of Contract 209

of compliance to cyber security risks management, and any

foreseeable cyber security risk and mitigation.”
The following is added at the end of the Sub-Clause:
“In addition to the reporting requirement of this sub-paragraph
(g) of Sub-Clause 4.20 [Progress Reports], and subject to the
specific requirement on handling allegations of SEA and/or SH
in accordance with Sub-Clause 6.27, the Contractor shall
inform the Engineer immediately of any allegation, incident or
accident, which has or is likely to have a significant adverse
effect on the environment, the affected communities, the
public, Employer’s Personnel or Contractor’s Personnel. This
includes, but is not limited to, any incident or accident causing
fatality or serious injury; significant adverse effects or damage
to private property; any cyber security incidents as specified in
the Contract Data; or any allegation of SEA and/or SH. In case
of SEA and/or SH, while maintaining confidentiality as
appropriate, the type of allegation (sexual exploitation, sexual
abuse or sexual harassment), gender and age of the person who
experienced the alleged incident should be included in the
information.
The Contractor, upon becoming aware of the allegation,
incident or accident, shall also immediately inform the
Engineer of any such incident or accident on the
Subcontractors’ or suppliers’ premises relating to the Works
which has or is likely to have a significant adverse effect on the
environment, the affected communities, the public, Employer’s
Personnel or Contractor’s, its Subcontractors’ and suppliers’
personnel. The notification shall provide sufficient detail
regarding such incidents or accidents. The Contractor shall
provide full details of such incidents or accidents to the
Engineer within the timeframe agreed with the Engineer.
The Contractor shall require its Subcontractors and suppliers
(other than Subcontractors) to immediately notify the
Contractor of any incidents or accidents referred to in this
Subclause.”

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

Security of the Site “Sub-Clause 4.21 Security of the Site
The Contractor shall be responsible for the security of the Site,
and:
(a) for keeping unauthorised persons off the Site;
(b) authorised persons shall be limited to the Contractor’s
Personnel, the Employer’s Personnel, and to any other
Section IX – Particular Conditions of Contract 210

personnel identified as authorised personnel (including

the Employer’s other contractors on the Site), by a
Notice from the Employer or the Engineer to the
Contractor.
Subject to Sub-Clause 4.1, the Contractor shall submit for the
Engineer’s No-objection a security management plan that sets
out the security arrangements for the Site.
The Contractor shall (i) conduct appropriate background
checks on any personnel retained to provide security; (ii) train
the security personnel adequately (or determine that they are
properly trained) in the use of force (and where applicable,
firearms), and appropriate conduct towards Contractor’s
Personnel, Employer’s Personnel and affected communities;
and (iii) require the security personnel to act within the
applicable Laws and any requirements set out in the
Specification.
The Contractor shall not permit any use of force by security
personnel in providing security except when used for
preventive and defensive purposes in proportion to the nature
and extent of the threat.
In making security arrangements, the Contractor shall also
comply with any additional requirements stated in the
Specification.”

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

Archaeological and “All fossils, coins, articles of value or antiquity, structures,
Geological Findings groups of structures, and other remains or items of geological,
archaeological, paleontological, historical, architectural or
religious interest found on the Site shall be placed under the
care and custody of the Employer. The Contractor shall:
(a) take all reasonable precautions, including fencing-off
the area or site of the finding, to avoid further
disturbance and prevent Contractor’s Personnel or
other persons from removing or damaging any of these
findings;
(b) train relevant Contractor’s Personnel on appropriate
actions to be taken in the event of such findings; and
(c) implement any other action consistent with the
requirements of the Specification and relevant Laws.”
Section IX – Particular Conditions of Contract 211

Sub-Clause 4.24 4.24.1 Forced Labour

Suppliers (other than The Contractor shall take measures to require its suppliers
Subcontractors) (other than Subcontractors) not to employ or engage forced
labour including trafficked persons as described in Sub-Clause
6.21. If forced labour/trafficking cases are identified, the
Contractor shall take measures to require the suppliers to take
appropriate steps to remedy them. Where the supplier does not
remedy the situation, the Contractor shall within a reasonable
period substitute the supplier with a supplier that is able to
manage such risks.
4.24.2 Child labour
The Contractor shall take measures to require its suppliers
(other than Subcontractors) not to employ or engage child
labour as described in Sub-Clause 6.22. If child labour cases
are identified, the Contractor shall take measures to require the
suppliers to take appropriate steps to remedy them. Where the
supplier does not remedy the situation, the Contractor shall
within a reasonable period substitute the supplier with a
supplier that is able to manage such risks.
4.24.3 Serious Safety Issues
The Contractor, including its Subcontractors, shall comply
with all applicable safety obligations, including as stated in
Sub-Clauses 4.8, 5.1 and 6.7. The Contractor shall also take
measures to require its suppliers (other than Subcontractors) to
adopt procedures and mitigation measures adequate to address
safety issues related to their personnel. If serious safety issues
are identified, the Contractor shall take measures to require the
suppliers to take appropriate steps to remedy them. Where the
supplier does not remedy the situation, the Contractor shall
within a reasonable period substitute the supplier with a
supplier that is able to manage such risks.
4.24.4 Obtaining natural resource materials in relation to
supplier
The Contractor shall obtain natural resource materials from
suppliers that can demonstrate, through compliance with the
applicable verification and/ or certification requirements, that
obtaining such materials is not contributing to the risk of
significant conversion or significant degradation of natural or
critical habitats such as unsustainably harvested wood
products, gravel or sand extraction from 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
Section IX – Particular Conditions of Contract 212

habitats, the Contractor shall within a reasonable period

substitute the supplier with a supplier that is able to
demonstrate that they are not significantly adversely impacting
the habitats.

Sub-Clause 4.25 The Contractor shall have a Code of Conduct for the
Contractor’s Personnel.
Code of Conduct
The Contractor shall take all necessary measures to ensure that
each Contractor’s Personnel is made aware of the Code of
Conduct including specific behaviors that are prohibited and
understands the consequences of engaging in such prohibited
behaviors.
These measures include providing instructions and
documentation that can be understood by the Contractor’s
Personnel and seeking to obtain that person’s signature
acknowledging receipt of such instructions and/or
documentation, as appropriate.
The Contractor shall also ensure that the Code of Conduct is
visibly displayed in multiple locations on the Site and any other
place where the Works will be carried out, as well as in areas
outside the Site accessible to the local community and project
affected people. The posted Code of Conduct shall be provided
in languages comprehensible to Contractor’s Personnel,
Employer’s Personnel and the local community.
The Contractor’s Management Strategy and Implementation
Plans shall include appropriate processes for the Contractor to
verify compliance with these obligations.

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

paragraph.
Subcontractors
“The Contractor shall require in all subcontracts relating to the
Works that Subcontractors execute the Works in accordance
with the Contract, including complying with the relevant ES
requirements and the SEA/SH Prevention and Response
Obligations.
All subcontracts relating to the Works shall include a
provision stipulating that the Subcontractor accepts that the
Bank may disqualify the Subcontractor from being awarded a
Bank financed contract for a period of two years if the
Subcontractor is determined to have failed to comply with its
SEA/SH Prevention and Response Obligations.”
The following is added after the first sentence of the fourth
paragraph: “The Contractor’s submission to the Engineer shall
also include such a Subcontractor’s declaration in accordance
Section IX – Particular Conditions of Contract 213

with the Particular Conditions- Part E- Sexual Exploitation and

Abuse (SEA) and/or Sexual Harassment Performance
Declaration for Subcontractors.”
The following is added at the end of the last paragraph of Sub-
Clause 5.1:
“All subcontracts relating to the Works shall include
provisions which entitle the Employer to require the
subcontract to be assigned to the Employer under sub-
paragraph (a) of Sub-Clause 15.2.3 [After Termination].
Where practicable, the Contractor shall give fair and
reasonable opportunity for contractors from the Country to be
appointed as Subcontractors.”

Sub-Clause 5.2.2 In sub-paragraph (c):

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

Sub-Clause 6.1 The following paragraphs are added at the end of the Sub-
Clause:
Engagement of Staff and
Labour “The Contractor shall provide the Contractor’s Personnel
information and documentation that are clear and
understandable regarding their terms and conditions of
employment. The information and documentation shall set out
their rights under relevant labour Laws applicable to the
Contractor’s Personnel (which will include any applicable
collective agreements), including their rights related to hours
of work, wages, overtime, compensation, and benefits, as well
as those arising from any requirements in the Specification.
The Contractor’s Personnel shall be informed when any
material changes to their terms or conditions of employment
occur.
The Contractor is encouraged, to the extent practicable and
reasonable, to employ staff and labour with appropriate
qualifications and experience from sources within the
Country.”
Section IX – Particular Conditions of Contract 214

Sub-Clause 6.2 The following paragraphs are added at the end of the Sub-
Clause:
Rates of Wages and
Conditions of Labour “The Contractor shall inform the Contractor’s Personnel about:
(a) any deduction to their payment and the conditions of such
deductions in accordance with the applicable Laws or as
stated in the Specification; and
(b) their liability to pay personal income taxes in the Country
in respect of such of their salaries, wages, allowances and
any benefits as are subject to tax under the Laws of the
Country for the time being in force.
The Contractor shall perform such duties in regard to such
deductions thereof as may be imposed on him by such Laws.
Where required by applicable Laws or as stated in the
Specification, the Contractor shall provide the Contractor’s
Personnel written notice of termination of employment and
details of severance payments in a timely manner. The
Contractor shall have paid the Contractor’s Personnel (either
directly or where appropriate for their benefit) all due wages
and entitlements including, as applicable, social security
benefits and pension contributions, on or before the end of their
engagement/ employment.”

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

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

Facilities for Staff and “If stated in the Specification, the Contractor shall give access
Labour to or provide services that accommodate the physical, social
and cultural needs of the Contractor’s Personnel. The
Contractor shall also provide similar facilities for the
Employer’s Personnel as stated in the Specification.”

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

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

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

Contractor’s Personnel “The Contractor’s Personnel (including Key Personnel, if any)
shall be appropriately qualified, skilled, experienced and
competent in their respective trades or occupations.
Section IX – Particular Conditions of Contract 215

The Engineer may require the Contractor to remove (or cause

to be removed) any person employed on the Site or Works,
including the Contractor’s Representative and Key Personnel
(if any), who:
(a) persists in any misconduct or lack of care;
(b) carries out duties incompetently or negligently;
(c) fails to comply with any provision of the Contract;
(d) persists in any conduct which is prejudicial to safety,
health, or the protection of the environment;
(e) based on reasonable evidence, is determined to have
engaged in Fraud and Corruption during the execution of
the Works;
(f) has been recruited from the Employer’s Personnel in
breach of Sub-Clause 6.3 [Recruitment of Persons];
(g) undertakes behaviour which breaches the Code of Conduct
for Contractor’s Personnel (ES).
If appropriate, the Contractor shall then promptly appoint (or
cause to be appointed) a suitable replacement with equivalent
skills and experience. In the case of replacement of the
Contractor’s Representative, Sub-Clause 4.3 [Contractor’s
Representative] shall apply. In the case of replacement of Key
Personnel (if any), Sub-Clause 6.12 [Key Personnel] shall
apply.
Subject to the requirements in Sub-Clause 4.3 [Contractor’s
Representative] and 6.12 [Key Personnel], and
notwithstanding any requirement from the Engineer to remove
or cause to remove any person, the Contractor shall take
immediate action as appropriate in response to any violation of
(a) through (g) above. Such immediate action shall include
removing (or causing to be removed) from the Site or other
places where the Works are being carried out, any Contractor’s
Personnel who engages in (a), (b), (c), (d), (e) or (g) above or
has been recruited as stated in (f) above.”

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

The following Sub-Clauses 6.13 to 6.28 are added after sub-clause 6.12
Section IX – Particular Conditions of Contract 216

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

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

Sub-Clause 6.15 The Contractor shall, having regard to local conditions, provide
on the Site an adequate supply of drinking and other water for
Supply of Water
the use of the Contractor’s Personnel.

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

Sub-Clause 6.17 The Contractor shall not, otherwise than in accordance with the
Laws of the Country, import, sell, give, barter or otherwise
Alcoholic Liquor or
dispose of any alcoholic liquor or drugs, or permit or allow
Drugs
importation, sale, gift, barter or disposal thereto by
Contractor’s Personnel.

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

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

festivals, days of rest and religious or other customs.
Festivals and Religious
Customs
Section IX – Particular Conditions of Contract 217

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

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

Sub-Clause 6.21 The Contractor, including its Subcontractors, shall not employ
or engage forced labour. Forced labour consists of any work or
Forced Labour
service, not voluntarily performed, that is exacted by an
individual under threat of force or penalty, and includes any
kind of involuntary or compulsory labour, such as indentured
labour, bonded labour or similar labour-contracting
arrangements.
No persons shall be employed or engaged who have been
subject to trafficking. Trafficking in persons is defined as the
recruitment, transportation, transfer, harbouring or receipt of
persons by means of the threat or use of force or other forms of
coercion, abduction, fraud, deception, abuse of power, or of a
position of vulnerability, or of the giving or receiving of
payments or benefits to achieve the consent of a person having
control over another person, for the purposes of exploitation.

Sub-Clause 6.22 The Contractor, including its Subcontractors, shall not employ
or engage a child under the age of 14 unless the national law
Child Labour
specifies a higher age (the minimum age).
The Contractor, including its Subcontractors, shall not employ
or engage a child between the minimum age and the age of 18
in a manner that is likely to be hazardous, or to interfere with,
the child’s education, or to be harmful to the child’s health or
physical, mental, spiritual, moral, or social development.
The Contractor including its Subcontractors, shall only employ
or engage children between the minimum age and the age of
18 after an appropriate risk assessment has been conducted by
the Contractor with the Engineer’s consent. The Contractor
shall be subject to regular monitoring by the Engineer that
includes monitoring of health, working conditions and hours of
work.
Work considered hazardous for children is work that, by its
nature or the circumstances in which it is carried out, is likely
to jeopardize the health, safety, or morals of children. Such
work activities prohibited for children include work:
(a) with exposure to physical, psychological or sexual
abuse;
Section IX – Particular Conditions of Contract 218

(b) underground, underwater, working at heights or in

confined spaces;
(c) with dangerous machinery, equipment or tools, or
involving handling or transport of heavy loads;
(d) in unhealthy environments exposing children to
hazardous substances, agents, or processes, or to
temperatures, noise or vibration damaging to health; or
(e) under difficult conditions such as work for long hours,
during the night or in confinement on the premises of
the employer.

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

Sub-Clause 6.24 In countries where the relevant labour laws recognise workers’
rights to form and to join workers’ organisations of their
Workers’ Organisations
choosing and to bargain collectively without interference, the
Contractor shall comply with such laws. In such circumstances,
the role of legally established workers’ organizations and
legitimate workers’ representatives will be respected, and they
will be provided with information needed for meaningful
negotiation in a timely manner. Where the relevant labour laws
substantially restrict workers’ organisations, the Contractor
shall enable alternative means for the Contractor’s Personnel
to express their grievances and protect their rights regarding
working conditions and terms of employment. The Contractor
shall not seek to influence or control these alternative means.
The Contractor shall not discriminate or retaliate against the
Contractor’s Personnel who participate, or seek to participate,
in such organisations and collective bargaining or alternative
mechanisms. Workers’ organisations are expected to fairly
represent the workers in the workforce.

Sub-Clause 6.25 The Contractor shall not make decisions relating to the
employment or treatment of Contractor’s Personnel on the
Non-Discrimination and
basis of personal characteristics unrelated to inherent job
Equal Opportunity
requirements. The Contractor shall base the employment of
Contractor’s Personnel on the principle of equal opportunity
and fair treatment and shall not discriminate with respect to any
aspects of the employment relationship, including recruitment
Section IX – Particular Conditions of Contract 219

and hiring, compensation (including wages and benefits),

working conditions and terms of employment, access to
training, job assignment, promotion, termination of
employment or retirement, and disciplinary practices.
Special measures of protection or assistance to remedy past
discrimination or selection for a particular job based on the
inherent requirements of the job shall not be deemed
discrimination. The Contractor shall provide protection and
assistance as necessary to ensure non-discrimination and equal
opportunity, including for specific groups such as women,
people with disabilities, migrant workers and children (of
working age in accordance with Sub-Clause 6.22).

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

Contractor’s Personnel, and where relevant the workers’
Contractor’s Personnel
organizations stated in Sub-Clause 6.24, to raise workplace
Grievance Mechanism
concerns (other than those relating to SEA and/or SH, which
shall be addressed under Sub-Clause 6.27 below). 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.
6.27.1 The Contractor’s SEA/SH Response Mechanism
Sub-Clause 6.27
The Contractor shall put in place an effective mechanism for
Contractor’s SEA/SH
receiving and promptly addressing allegations of SEA and/or
Response
SH from the Contractor’s or Employer’s Personnel or any
Mechanism; Receipt
Section IX – Particular Conditions of Contract 220

of SEA/SH other person including third parties (“SEA/SH Response

allegations; and Mechanism”).
Contractor’s and The Contractor’s Personnel shall be informed of the SEA/SH
non-compliance Response Mechanism at the time of engagement for the
Contract and informed of the measures put in place to protect
them against any reprisal for its use. For all other persons
(including the Employer’s Personnel and affected
communities), information about this SEA/SH Response
Mechanism, including how to submit an allegation or concern
and also measures protecting against reprisal, shall be
displayed, in languages comprehensible to the Contractor’s
Personnel, Employer’s Personnel, and the affected
communities, in locations easily accessible to them.
The SEA/SH Response Mechanism shall permit allegations or
concerns to be submitted in writing, in person or by phone,
with appropriate provision for confidential treatment, and
shall permit the submission of anonymous allegations. The
Contractor shall have in place a dedicated person with
appropriate skills, experience and training to receive and
review such allegations or concerns.
As part of the SEA/SH Response Mechanism, the Contractor
shall maintain and implement ethical and safe processes for
investigating and addressing allegations of SEA and/or SH.
These measures should identify appropriate responses to SEA
and/or SH allegations, including the actions set forth in Sub-
Clause 6.9, and other appropriate disciplinary measures in the
case of the Contractor’s Personnel.
6.27.2 Receipt of SEA/SH allegations
Any allegation of SEA and/or SH received by the Contractor
(including through its Subcontractor/s), the Employer or the
Engineer shall be documented and promptly submitted to the
other two parties. While maintaining confidentiality of the
person who experienced the alleged incident, as appropriate,
the documentation and submission should include the type of
alleged incident (sexual exploitation, sexual abuse or sexual
harassment), gender and age of the person who experienced the
alleged incident.
Upon receipt of any SEA and/or SH allegation as described
above, the Contractor shall immediately apply its the SEA/SH
Response Mechanism, as described in Sub-Clause 6.27.1, to
review and address the allegation or concern.
Section IX – Particular Conditions of Contract 221

The Employer shall promptly refer the allegation to the DAAB

pursuant to Sub-Clause 21.9 [“SEA/SH Referral”].
6.27.3 Contractor’s non-compliance with SEA/SH contractual
obligations
If the Engineer identifies that the Contractor, including its
Subcontractor/s, has not complied with the SEA/SH Prevention
and Response Obligations under the Contract, the Engineer
shall give a Notice to Correct to the Contractor in accordance
with Sub-Clause 15.1, copied to the Employer and the DAAB.
If the Contractor fails to comply with the Notice to Correct, the
Engineer shall immediately notify the Employer and the
Contractor. Upon receipt of such a notification, the Employer
shall refer the non-compliance to the DAAB for its review and
decision pursuant to Sub-Clause 21.9 [“SEA/SH Referral”].
If a DAAB report, prepared in accordance with Rule 3.10 of
the DAAB Procedural Rules, identifies potential non-
compliance of the Contractor, including its Subcontractor/s,
with the SEA/SH Prevention and Response Obligations, the
Engineer shall review the potential non-compliance and
determine whether a Notice to Correct shall be issued to the
Contractor. If the Engineer determines that a Notice to Correct
shall not be given to the Contractor, the Engineer shall inform
the Employer copying the DAAB, providing the basis for its
determination. If the Engineer, however, determines that a
Notice to Correct shall be given to the Contractor, the Engineer
shall give a Notice to Correct to the Contractor in accordance
with Sub-Clause 15.1, copied to the Employer and the DAAB.
If the Contractor fails to comply with the Notice to Correct, the
Engineer shall immediately notify the Employer and the
Contractor. Upon receipt of such a notification, the Employer
shall refer the non-compliance to the DAAB for its review and
decision pursuant to Sub-Clause 21.9 [“SEA/SH Referral”].

Sub-Clause 6.28 The Contractor shall provide appropriate training to relevant

Contractor’s Personnel on ES aspects of the Contract,
Training of Contractor’s
including appropriate sensitization on prohibition of SEA and
Personnel
SH, and health and safety training referred to in Sub-Clause 4.8
As stated in the Specification or as instructed by the Engineer,
the Contractor shall also allow appropriate opportunities for the
relevant Contractor’s Personnel to be trained on ES aspects of
the Contract by the Employer’s Personnel.
The Contractor shall provide training on SEA and SH,
including its prevention, to any of its personnel who has a role
to supervise other Contractor’s Personnel.
Section IX – Particular Conditions of Contract 222

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

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

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

Sub-Clause 8.1 The Sub- Clause is replaced in its entirety with the following:
Commencement of Work “The Engineer shall give a Notice to the Contractor stating the
Commencement Date, not less than 14 days before the
Commencement Date.
The Notice shall be issued promptly after the Engineer
determines the fulfilment of the following conditions:
(a) signature of the Contract Agreement by both Parties,
and if required, approval of the Contract by relevant
authorities of the Country;
(b) delivery to the Contractor of reasonable evidence of the
Employer’s financial arrangements (under Sub-Clause
2.4 [Employer’s Financial Arrangements]);
(c) except if otherwise specified in the Contract Data,
effective access to and possession of the Site given to
the Contractor together with such permission(s) under
(a) of Sub-Clause 1.13 [Compliance with Laws] as
required for the commencement of the Works;
(d) receipt by the Contractor of the Advance Payment
under Sub-Clause 14.2 [Advance Payment] provided
that the corresponding bank guarantee has been
delivered by the Contractor;
(e) constitution of the DAAB in accordance with Sub-
Clause 21.1 and Sub-Clause 21.2 as applicable.
Subject to Sub-Clause 4.1 on the Management Strategies and
Implementation Plans and the C-ESMP and Sub-Clause 4.8 on
the health and safety manual, the Contractor shall commence
the execution of the Works as soon as is reasonably practicable
Section IX – Particular Conditions of Contract 223

after the Commencement Date and shall then proceed with the
Works with due expedition and without delay.”

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

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

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

varied work performed or to be performed, including details of
Variation by Instruction
the resources and methods adopted or to be adopted by the
Contractor, and sufficient ES information to enable an
evaluation of ES risks and impacts; and sufficient information
to enable assessment of cyber security risks as specified in the
Contract Data.”

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

Provisional Sums “The Provisional Sum shall be used to cover the Employer's
share of the DAAB members’ fees and expenses, in accordance
with Clause 21. No prior instruction of the Engineer shall be
required with respect to the work of the DAAB. The Contractor
shall submit the DAAB members’ invoices and satisfactory
evidence of having paid 100% of such invoices as part of the
substantiation of those Statements submitted under Sub-Clause
14.3.”

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

Sub-Clause 13.7 The following conditions are applicable for adjustment of

prices (rise or fall) for each bill payable:
Adjustments for Changes
in Cost 1. No price adjustment will be allowed beyond the
original Contract expiry date unless covered by an
extension of time by the Employer.
2. No price adjustment shall be applicable for the period
of delay for which the Contractor is responsible for
Section IX – Particular Conditions of Contract 224

(even though the Contractor is liable to pay liquidated

damages).
3. The price adjustment date shall be the midpoint of the
bill period (i.e., bill covers the works execution period)
for the particular bill.

Sub-Clause 14.1 The following is added at the end of the Sub-Clause:

The Contract Price “Notwithstanding the provisions of subparagraph (b),
Contractor's Equipment, including essential spare parts
therefore, imported by the Contractor for the sole purpose of
executing the Contract shall be temporarily exempt from the
payment of import duties and taxes upon initial importation,
provided the Contractor shall post with the customs authorities
at the port of entry an approved export bond or bank guarantee,
valid until the Time for Completion plus six months, in an
amount equal to the full import duties and taxes which would
be payable on the assessed imported value of such Contractor's
Equipment and spare parts, and callable in the event the
Contractor's Equipment is not exported from the Country on
completion of the Contract. A copy of the bond or bank
guarantee endorsed by the customs authorities shall be
provided by the Contractor to the Employer upon the
importation of individual items of Contractor's Equipment and
spare parts. Upon export of individual items of Contractor's
Equipment or spare parts, or upon the completion of the
Contract, the Contractor shall prepare, for approval by the
customs authorities, an assessment of the residual value of the
Contractor's Equipment and spare part to be exported, based on
the depreciation scale (s and other criteria used by the customs
authorities for such purposes under the provisions of the
applicable Laws. Import duties and taxes shall be due and
payable to the customs authorities by the Contractor on (a) the
difference between the initial imported value and the residual
value of the Contractor's Equipment and spare parts to
exported; and (b) on the initial imported value of the
Contractor's Equipment and spare parts remaining in the
Country after completion of the Contract. Upon payment of
such dues within 28 days of being invoiced, the bond or bank
guarantee shall be reduced or released accordingly; otherwise,
the security shall be called in the full amount remaining.”

Sub-Clause 14.2.1 The first paragraph is replaced with:

Advance Payment “The Contractor shall obtain (at the Contractor’s cost) an
Guarantee Advance Payment Guarantee in amounts and currencies equal
to the advance payment and shall submit it to the Employer
Section IX – Particular Conditions of Contract 225

with a copy to the Engineer. This guarantee shall be issued by

reputable bank or financial institution selected by the
Contractor and shall be in accordance with the form included
in the request for bidding documents for the subject contract or
in another form acceptable to the Employer.”

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

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

Withholding (amounts in) The following is then added as subparagraph (c) and sub-
an IPC paragraph (c) of the Sub-Clause is renumbered as (d):
“(c) if the Contractor was, or is, failing to perform any ES
obligations or work under the Contract, the value of this
work or obligation, as determined by the Engineer, may
be withheld until the work or obligation has been
performed, and/or the cost of rectification or
replacement, as determined by the Engineer, may be
withheld until rectification or replacement has been
completed. Failure to perform includes, but is not
limited to the following:
(i) failure to comply with any ES obligations or work
described in the Works’ Requirements which may
include working outside site boundaries, excessive
dust, damage to offsite vegetation, pollution of
water courses from oils or sedimentation,
contamination of land e.g., from oils, human waste,
damage to archaeology or cultural heritage
features, air pollution as a result of unauthorized
and/or inefficient combustion;
(ii) failure to regularly review C-ESMP and/or update
it in a timely manner to address emerging ES
issues, or anticipated risks or impacts;
(iii) failure to implement the C-ESMP e.g., failure to
provide required training or sensitization;
(iv) failing to have appropriate consents/permits prior
to undertaking Works or related activities;
(v) failure to submit ES report/s (as described in
Particular Conditions - Part D), or failure to submit
such reports in a timely manner;
Section IX – Particular Conditions of Contract 226

(vi) failure to implement remediation as instructed by

the Engineer within the specified timeframe (e.g.,
remediation addressing non-compliance/s).”
The following is added as penultimate paragraph:
“As specified in the Contract Data, if the
Contractor fails to perform its cyber security
obligations under the Contract, an assessed
amount, as determined by the Engineer, may be
withheld until the obligation has been performed.”

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

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

Release of Retention “Unless otherwise stated in the Contract, when the Taking-
Money Over Certificate has been issued for the Works and the first
half of the Retention Money has been certified for payment by
the Engineer, the Contractor shall be entitled to substitute a
guarantee, in the form annexed to the Particular Conditions or
in another form approved by the Employer and issued by a
reputable bank or financial institution selected by the
Contractor, for the second half of the Retention Money. The
Contractor shall ensure that the guarantee is in the amounts
and currencies of the second half of the Retention Money and
is valid and enforceable until the Contractor has executed and
completed the Works and remedied any defects, as specified
for the Performance Security and, if applicable, an ES
Performance Security in Sub-Clause 4.2. On receipt by the
Employer of the required guarantee, the Engineer shall certify,
and the Employer shall pay the second half of the Retention
Money. The release of the second half of the Retention Money
Section IX – Particular Conditions of Contract 227

against a guarantee shall then be in lieu of the release after the

latest of the expiry dates of the Defects Notification Periods.
The Employer shall return the guarantee to the Contractor
within 21 days after receiving a copy of the Performance
Certificate.
If the Performance Security and, if applicable, an ES
Performance Security required under Sub-Clause 4.2 is in the
form of a demand guarantee, and the amount guaranteed under
them when the Taking-Over Certificate is issued is more than
half of the Retention Money, then the Retention Money
guarantee will not be required. If the amount guaranteed under
the Performance Security and, if applicable, an ES
Performance Security, when the Taking-Over Certificate is
issued is less than half of the Retention Money, the Retention
Money guarantee will only be required for the difference
between half of the Retention Money and the amount
guaranteed under the Performance Security and, if applicable,
an ES Performance Security.”

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

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

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

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

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

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

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

Fraud and Corruption “
15.8.1 The Bank requires compliance with the Bank’s Anti-
Corruption Guidelines and its prevailing sanctions
policies and procedures as set forth in the Bank’s
Section IX – Particular Conditions of Contract 228

Sanctions Framework, as set forth in Particular

Conditions - Part C- Fraud and Corruption.
15.8.2 The Employer requires the Contractor to disclose any
commissions or fees that may have been paid or are to
be paid to agents or any other party with respect to the
bidding process or execution of the Contract. The
information disclosed must include at least the name
and address of the agent or other party, the amount and
currency, and the purpose of the commission, gratuity
or fee.”

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

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

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

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

Termination “In the event the Bank suspends the loan or credit from which
part or whole of the payments to the Contractor are being made,
if the Contractor has not received the sums due to him upon
expiration of the 14 days referred to in Sub-Clause 14.7
[Payment] for payments under Interim Payment Certificates,
the Contractor may, without prejudice to the Contractor's
entitlement to financing charges under Sub-Clause 14.8
[Delayed Payment], take one of the following actions, namely
(i) suspend work or reduce the rate of work under Sub-Clause
16.1 above, or (ii) terminate the Contract by giving notice to
the Employer, with a copy to the Engineer, such termination to
take effect 14 days after the giving of the notice.”
Section IX – Particular Conditions of Contract 229

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

Sub-Clause 17.1 [If Employer- Supplied Materials are listed in the Specification
Responsibility for Care of for the Contractor’s use in the execution of Works, include the
the Works following provision. See also Sub-Clause 2.6 [Employer-
Supplied Materials and Employer’s Equipment]]
After the two instances of “Goods” in the last paragraph, the
following is added: “Employer- Supplied Materials.”
[If Employer’s Equipment are listed in the Works’
Requirements for the Contractor’s use in the execution of
Works, include the following provision. See also Sub-Clause
2.6 [Employer-Supplied Materials and Employer’s
Equipment]]
After the two instances of “Goods” in the last paragraph, the
following is added: “, Employer’s Equipment.”

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

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

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

Section IX – Particular Conditions of Contract 230

Exceptional Events “(c) riot, commotion, disorder or sabotage by persons other

than the Contractor’s Personnel and other employees of
the Contractor and Subcontractors;”

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

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

reasonably.”
Optional Termination

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

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

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

Sub-Clause 19.2.5 The second paragraph is replaced with:

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

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

Claims
Section IX – Particular Conditions of Contract 231

Sub-Clause 20.2 The first paragraph is replaced with:

Claims for Payment “If either Party considers that it is entitled to claim under 20.1
and/or EOT (a) or (b), the following claim procedure shall apply:”
The following is added at the end of the first paragraph:
Sub-Clause 21.1
“The DAAB shall also review and decide on any SEA/SH
Constitution of the DAAB
Referral submitted to the DAAB pursuant to Sub-Clause 6.27.2
[Receipt of SEA/SH allegations] and Sub-Clause 6.27.3
[Contractor’s non-compliance with SEA/SH contractual
obligations], in accordance with Sub-Clause 21.9 [SEA/SH
Referrals].
In the second paragraph, at the end of the first sentence after
deleting: “.”, the following is added: “, each of whom shall
meet the criteria set forth in Sub-Clause 3.3 of Appendix-
General Conditions of DAAB Agreement.”
After the second paragraph insert the following paragraph: “If
the Contract is with a foreign Contractor, the DAAB members
shall not have the same nationality as the Employer or the
Contractor.”

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

Sub-Clause 21.6 In the first paragraph, “unless otherwise agreed by both

Parties:” is deleted and replaced with: “ The Parties agree:”
Arbitration

The following new Sub-Clauses 21.9 to 21.11 are added

Sub-Clause 21.9 SEA/SH SEA/SH Referrals pursuant to Sub-Clause 6.27 shall be

submitted by the Employer to the DAAB in writing, copied to
Referrals
the Contractor and the Engineer. For a DAAB of three persons,
the SEA/SH Referrals shall be deemed to have been received
by the DAAB on the date it is received by the chairperson of
the DAAB.

Upon receipt of a SEA/SH Referral, the DAAB shall request

the Contractor in writing (copied to the Employer and the
Engineer) to submit a statement demonstrating its compliance,
including the compliance of any Subcontractor identified in
the SEA/SH Referral, with the SEA/SH Prevention and
Response Obligations, including the actions taken in response
to a SEA/SH allegation and/or any Engineer’s Notice to
Correct for non-compliance with the SEA/SH contractual
Section IX – Particular Conditions of Contract 232

obligations. The Contractor shall within 28 days of receipt of

this request, submit in writing such statement to the DAAB
copied to the Employer and the Engineer.
In reviewing the Referral, the DAAB shall focus exclusively
on compliance of the Contractor, including any Subcontractor
identified in the SEA/SH Referral, with the SEA/SH
Prevention and Response Obligations, including the actions
taken in response to the SEA/SH allegation and/or any
Engineer’s Notice to Correct for non-compliance with the
SEA/SH obligations. The DAAB shall not assess the merits of
an underlying allegation, including the factual aspects of the
alleged SEA and/or SH incident.

The DAAB decision, which shall state that it is issued under

this Sub-Clause 21.9, shall be provided in writing to the Parties
with a copy to the Engineer within 42 days of receiving the
SEA/SH Referral. The decision of the DAAB taken pursuant
to this Sub-Clause 21.9 shall be binding on the Parties and any
of its Subcontractor/s as applicable.
The DAAB decision arising from an allegation of SEA/SH
incident shall state whether the Contractor, including any
Subcontractor identified in the SEA/SH referral, was in
compliance with its SEA/SH obligations at the time of
occurrence of the alleged incident. The DAAB decision shall
not disclose the name of the alleged survivor nor of the alleged
perpetrator.

Sub-Clause 21.10 If either Party is dissatisfied with the DAAB’s decision issued
under Sub-Clause 21.9 [SEA/SH Referrals], such Party may
Dissatisfaction with
give a NOD to the other Party in accordance with Sub-Clause
DAAB’s decision on
21.4.4 [Dissatisfaction with DAAB’s decision]. Sub-Clause
SEA/SH Referrals
21.5 [Amicable Settlement] shall not apply.
If the DAAB’s decision has not become final and binding
pursuant to Sub-Clause 21.4.4, the matter shall be finally
settled by arbitration in accordance with Sub-Clause 21.6
[Arbitration].
Where arbitration is conducted pursuant to the ICC Arbitration
Rules, the parties agree that the time limit set in Article 1.6 of
Appendix V to the ICC Arbitration Rules shall be 10 days from
the notification of the Emergency Arbitrator Order unless the
President of the ICC International Court of Arbitration
determines that a longer period is necessary.
Sub-Clause 21.11 The Employer shall immediately notify the Bank of the
DAAB’s decision on SEA/SH Referral, any notification
Section IX – Particular Conditions of Contract 233

Bank’s disqualification of received on the commencement of Emergency Arbitration, and

the Contractor and its the Emergency Arbitrator Order if any.
Subcontractor/s If the DAAB determines that the Contractor has failed to
correct identified non-compliance with SEA/SH Prevention
and Response Obligation or it was non-compliant with such
obligations at the time of an alleged incident, the Bank may
disqualify the Contractor, as well as any Subcontractor/s
determined to be non-compliant, from being awarded a Bank-
financed contract unless the ICC Emergency Arbitrator grants
an order in favor of the Contractor. The disqualification period
shall be for two years unless the Contractors receives an
arbitration award in its favor within the two year period. The
Contractor’s disqualification under this Sub-Clause is without
prejudice to the Parties’ rights and obligations under the
Contract.

Appendix- General Conditions of DAAB Agreement

1. Definitions Sub-Clause 1.4 “DAAB Activities.” At the end, the following

is added: “This also includes handling of SEA/SH Referrals in
accordance with Sub-Clause 21.9 of the Conditions of
Contract.”
In Sub-Clause 1.8 a(i): “authorised representative of the
contractor or of the Employer” is replaced with: “Contractor’s
Representative or authorised representative of the Employer.”

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

Provisions

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

“When appointing the DAAB Member, each Party relies on the
DAAB Member’s representations, that he/she:
a) has at least a bachelor’s degree in relevant disciplines such
as law, engineering, construction management or contract
management;
b) has at least ten years of experience in contract
administration/management and dispute resolution, out of
which at least five years of experience as an arbitrator or
adjudicator in construction-related disputes;
c) has received formal training as an adjudicator from an
internationally recognized organization;
d) has experience and/or is knowledgeable in the type of
work which the Contractor is to carry out under the
Contract;
Section IX – Particular Conditions of Contract 234

e) has experience in the interpretation of construction and/or

engineering contract documents;
f) has familiarity with the forms of contract published by
FIDIC since 1999, and an understanding of the dispute
resolution procedures contained therein; and
g) is fluent in the language for communications stated in the
Contract Data (or the language as agreed between the
Parties and the DAAB).”

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

and the following added:
“or (d) is being provided to the Bank.”

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

replaced with: “in less than first class.”

In Sub-Clause 9.4: “and air fares” and “other” are deleted from
the first and second sentences, respectively.

Annex- DAAB Procedural Rules

Rule 3.3 In 3.3 (b), “140 days” is replaced with: “90 days”.

Rule 3.7 The following is added after the sentence: “The agenda shall include review of the
(i) Contractor’s compliance with the SEA/SH Prevention and Response
Obligations; and (ii) Engineer’s failure to discharge its duties under the Contract
in this regard, including as specified in Sub-Clause 6.27 of the Contract
Conditions.”

Rule 3.10 The following is added at the end of the paragraph: “The report shall identify any
issue which raises SEA and/or SH concerns, including details of any potential
noncompliance of the Contractor, including its Subcontractor/s, with the SEA/SH
Prevention and Response Obligations.”
The DAAB shall also provide a report to the Employer on any potential failure of
the Engineer to discharge its duties in regard to the SEA/SH Prevention and
Response Obligations, including on identifying the Contractor’s failure to comply
with the obligations, and the Notice to Correct and notification duties in
accordance with Sub-Clause 6.27 of the Contract Conditions.”
Section IX – Particular Conditions of Contract 235

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

1. Purpose

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

2. Requirements

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

2.2 To this end, the Bank:

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

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

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

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

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

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

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

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

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

v. “obstructive practice” is:

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

material to the investigation or making false statements to investigators
in order to materially impede a Bank investigation into allegations of a
Section IX – Particular Conditions of Contract 236

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

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

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

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

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

d. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the
Bank’s prevailing sanctions policies and procedures, may sanction a firm or
individual, either indefinitely or for a stated period of time, including by publicly
declaring such firm or individual ineligible (i) to be awarded or otherwise benefit
from a Bank-financed contract, financially or in any other manner1; (ii) to be a
nominated 2 sub-contractor, consultant, manufacturer or supplier, or service provider
of an otherwise eligible firm being awarded a Bank-financed contract; and (iii) to
receive the proceeds of any loan made by the Bank or otherwise to participate further
in the preparation or implementation of any Bank-financed project;

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

in contracts financed by a Bank loan, requiring (i) bidders, consultants, contractors,

1
For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i) applying
for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-contractor,
nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii)
entering into an addendum or amendment introducing a material modification to any existing contract.
2 A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider (different

names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in its pre-
qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet
the qualification requirements for the particular bid; or (ii) appointed by the Borrower.
Section IX – Particular Conditions of Contract 237

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

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

3
Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities undertaken by
the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating the
veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such activity includes but is
not limited to: accessing and examining a firm's or individual's financial records and information, and making copies thereof
as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic format)
deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other relevant
individuals; performing physical inspections and site visits; and obtaining third party verification of information.
Section IX – Particular Conditions of Contract 238

Particular Conditions
Part D- Environmental and Social (ES)
Metrics for Progress Reports
Metrics for regular reporting:

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

contamination, pollution or damage to ground or water supplies;
b. health and safety incidents, accidents, injuries that require treatment and all fatalities;
c. interactions with regulators: identify agency, dates, subjects, outcomes (report the
negative if none);
d. status of all permits and agreements:
(i) work permits: number required, number received, actions taken for those not
received;
(ii) status of permits and consents:
• list areas/facilities with permits required (quarries, asphalt & batch plants),
dates of application, dates issued (actions to follow up if not issued), dates
submitted to resident engineer (or equivalent), status of area (waiting for
permits, working, abandoned without reclamation, decommissioning plan
being implemented, etc.);
• list areas with landowner agreements required (borrow and spoil areas, camp
sites), dates of agreements, dates submitted to resident engineer (or
equivalent);
• identify major activities undertaken in each area in the reporting period and
highlights of environmental and social protection (land clearing, boundary
marking, topsoil salvage, traffic management, decommissioning planning,
decommissioning implementation);
• for quarries: status of relocation and compensation (completed, or details of
activities and current status in the reporting period).
e. health and safety supervision:
(i) safety officer: number days worked, number of full inspections & partial
inspections, reports to construction/project management;
(ii) number of workers, work hours, metric of PPE use (percentage of workers with
full personal protection equipment (PPE), partial, etc.), worker violations 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;
Section IX – Particular Conditions of Contract 239

(ii) date of last inspection, and highlights of inspection including status of

accommodations’ compliance with national and local law and good practice,
including sanitation, space, etc.;
(iii) actions taken to recommend/require improved conditions, or to improve
conditions.
g. Health services: provider of health services, information and/or training, location of
clinic, number of non-safety disease or illness treatments and diagnoses (no names to
be provided);
h. gender (for expats and locals separately): number of female workers, percentage of
workforce, gender issues raised and dealt with (cross-reference grievances or other
sections as needed);
i. training:
(i) number of new workers, number receiving induction training, dates of induction
training;
(ii) number and dates of toolbox talks, number of workers receiving Occupational
Health and Safety (OHS), environmental and social training;
(iii) number and dates of communicable diseases (including STDs) sensitization and/or
training, no. workers receiving training (in the reporting period and in the past);
same questions for gender sensitization, flag person training.
(iv) number and date of SEA and SH prevention sensitization and/or training events,
including number of workers receiving training on Code of Conduct for
Contractor’s Personnel (in the reporting period and in the past), etc.
j. environmental and social supervision:
(i) environmentalist: days worked, areas inspected and numbers of inspections of
each (road section, work camp, accommodations, quarries, borrow areas, spoil
areas, swamps, forest crossings, etc.), highlights of activities/findings (including
violations of environmental and/or social best practices, actions taken), reports to
environmental and/or social specialist/construction/site management;
(ii) sociologist: days worked, number of partial and full site inspections (by area: road
section, work camp, accommodations, quarries, borrow areas, spoil areas, clinic,
HIV/AIDS center, community centers, etc.), highlights of activities (including
violations of environmental and/or social requirements observed, actions taken),
reports to environmental and/or social specialist/construction/site management;
and
(iii) community liaison person(s): days worked (hours community center open),
number of people met, highlights of activities (issues raised, etc.), reports to
environmental and/or social specialist /construction/site management.
k. Grievances: list new grievances (e.g., number of allegations of labor, and 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,
Section IX – Particular Conditions of Contract 240

resolution and date (if completed), data resolution reported to complainant, any
required follow-up (Cross-reference other sections as needed):
(i) Worker grievances;
(ii) Community grievances
l. Traffic, road safety and vehicles/equipment:
(i) traffic and road safety incidents and accidents involving project vehicles &
equipment: provide date, location, damage, cause, follow-up;
(ii) traffic and road safety incidents and accidents involving non-project vehicles or
property (also reported under immediate metrics): provide date, location, damage,
cause, follow-up;
(iii) overall condition of vehicles/equipment (subjective judgment by
environmentalist); non-routine repairs and maintenance needed to improve safety
and/or environmental performance (to control smoke, etc.).
m. Environmental mitigations and issues (what has been done):
(i) dust: number of working bowsers, number of waterings/day, number of complaints,
warnings given by environmentalist, actions taken to resolve; highlights of quarry
dust control (covers, sprays, operational status); % of rock/ spoil lorries with covers,
actions taken for uncovered vehicles;
(ii) erosion control: controls implemented by location, status of water crossings,
environmentalist inspections and results, actions taken to resolve issues,
emergency repairs needed to control erosion/sedimentation;
(iii) quarries, borrow areas, spoil areas, asphalt plants, batch plants: identify major
activities undertaken in the reporting period at each, and highlights of
environmental and social protection: land clearing, boundary marking, topsoil
salvage, traffic management, decommissioning planning, decommissioning
implementation;
(iv) blasting: number of blasts (and locations), status of implementation of blasting
plan (including notices, evacuations, etc.), incidents of off-site damage or
complaints (cross-reference other sections as needed);
(v) spill clean-ups, if any: material spilled, location, amount, actions taken, material
disposal (report all spills that result in water or soil contamination;
(vi) waste management: types and quantities generated and managed, including
amount taken offsite (and by whom) or reused/recycled/disposed on-site;
(vii) details of tree plantings and other mitigations required undertaken in the reporting
period;
(viii) details of water and swamp protection mitigations required undertaken in the
reporting period.
n. compliance:
Section IX – Particular Conditions of Contract 241

(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 IX – Particular Conditions of Contract 242

Particular Conditions
Part E- Sexual Exploitation and Abuse (SEA) and/or Sexual
Harassment Performance Declaration for Subcontractors
[The following table shall be filled in by each subcontractor proposed by the Contractor, which 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: ___________________________________________
Name of Project: _____________________________________
Contract description: _____________________________________________________
Brief summary of evidence provided: ________________________________________
Section IX – Particular Conditions of Contract 243

______________________________________________________________________
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: ________________________________________________________

Date signed ________________________________ day of ___________________, _____

Section X – Contract Forms 245

Section X - Contract Forms

Table of Forms

Notification of Intention to Award .....................................................................................246

Beneficial Ownership Disclosure Form .............................................................................250
Letter of Acceptance ............................................................................................................252
Contract Agreement ............................................................................................................253
Performance Security: Demand Guarantee ......................................................................255
Environmental and Social (ES) Performance Security ....................................................257
Advance Payment Security .................................................................................................259
Retention Money Security ...................................................................................................261
Section X – Contract Forms 246

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 all participating 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.
Section X – Contract Forms 247

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]

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

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 Combined
Name of Bidder Bid price
Score Cost Score
[insert
[insert evaluated [insert
[insert name] Technical [insert Bid price]
cost] combined score]
score]
[insert
[insert evaluated [insert
[insert name] Technical [insert Bid price]
cost] combined score]
score]
[insert
[insert evaluated [insert
[insert name] Technical [insert Bid price]
cost] combined score]
score]
[insert
[insert evaluated [insert
[insert name] Technical [insert Bid price]
cost] combined score]
score]
[insert
[insert evaluated [insert
[insert name] Technical [insert Bid price]
cost] combined score]
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.]
Section X – Contract Forms 248

4. How to request a debriefing

DEADLINE: The deadline to request a debriefing expires at midnight on [insert date]

(local time).
You may request a debriefing in relation to the results of the evaluation of your Bid. If
you decide to request a debriefing your written request must be made within three (3)
Business Days of receipt of this Notification of Intention to Award.
Provide the contract name, reference number, name of the Bidder, contact details; and
address the request for debriefing as follows:
Attention: [insert full name of person, if applicable]
Title/position: [insert title/position]
Agency: [insert name of Employer]
Email address: [insert email address]
Fax number: [insert fax number] delete if not used
If your request for a debriefing is received within the 3 Business Days deadline, we will
provide the debriefing within five (5) Business Days of receipt of your request. If we are
unable to provide the debriefing within this period, the Standstill Period shall be extended
by five (5) Business Days after the date that the debriefing is provided. If this happens,
we will notify you and confirm the date that the extended Standstill Period will end.
The debriefing may be in writing, by phone, video conference call or in person. We shall
promptly advise you in writing how the debriefing will take place and confirm the date
and time.
If the deadline to request a debriefing has expired, you may still request a debriefing. In
this case, we will provide the debriefing as soon as practicable, and normally no later
than fifteen (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
Section X – Contract Forms 249

At this point in the procurement process, you may submit a Procurement-related

Complaint challenging the decision to award the contract. You do not need to have
requested, or received, a debriefing before making this complaint. Your complaint must
be submitted within the Standstill Period and received by us before the Standstill Period
ends.
Further information:
For more information, see the “Procurement Regulations for IPF Borrowers (Procurement
Regulations) (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, 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 deadline 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 250

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

[include full name (last,

middle, first), nationality, 
country of residence]
Section X – Contract Forms 251

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 252

Letter of Acceptance
[letterhead paper of the Employer]

[date]

To: [name and address of the Contractor]

This is to notify you that your Bid dated [date] for execution of the [name of the Contract and
identification number, as given in the Contract Data] for the Accepted Contract Amount [amount
in numbers and words] [name of currency], as corrected and modified in accordance with the
Instructions to Bidders, is hereby accepted by our Agency.

You are requested to furnish (i) the Performance Security and an Environmental and Social
Performance Security within 28 days in accordance with the Conditions of Contract, using, for
that purpose, one of the Performance Security Forms and the ES Performance Security Form, and
(ii) the additional information on beneficial ownership in accordance with ITB 48.1, within eight
(8) Business days using the Beneficial Ownership Disclosure Form, included in Section X,
Contract Forms, of the bidding document.

Authorized Signature:

Name and Title of Signatory:

Name of Agency:

Attachment: Contract Agreement

Section X – Contract Forms 253

Contract Agreement
THIS AGREEMENT made the ________ day of ________________________, _____, between
______________________________________of __________________________ (hereinafter
“the Employer”), of the one part, and ______________________ of _____________________
(hereinafter “the Contractor”), of the other part:

WHEREAS the Employer desires that the Works known as _______________________________

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

The Employer and the Contractor agree as follows:

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

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

(a) the Letter of Acceptance;

(b) the Letter of Bid;

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

(d) the Particular Conditions;

(e) the General Conditions;

(f) the Specification;

(g) the Drawings; and

(h) the completed Schedules and any other documents forming part of the contract,
including, but not limited to:
i. the ES Management Strategies and Implementation Plans;
ii. Code of Conduct for Contractor’s Personnel (ES); and
iii. Sexual Exploitation and Abuse (SEA), and/or Sexual Harassment (SH)
Declaration

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

specified in this Agreement, the Contractor hereby covenants with the Employer to execute
the Works and to remedy defects therein in conformity in all respects with the provisions of
the Contract.
Section X – Contract Forms 254

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

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

Signed by ________________________________________________ (for the Employer)

Signed by __________________________________________________ (for the Contractor)

Section X – Contract Forms 255

Performance Security: Demand Guarantee

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [insert name and Address of Employer]

Date: ________________[Insert date of issue]

PERFORMANCE GUARANTEE No.: _________________

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

We have been informed that ________________ (hereinafter called "the Applicant") has entered
into Contract No. _____________ dated ____________ with the Beneficiary, for the execution of
_____________________ (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, a performance

guarantee is required.

At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________ ( ),1
such sum being payable in the types and proportions of currencies in which the Contract Price is
payable, upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s
statement, whether in the demand itself or in a separate signed document accompanying or
identifying the demand, stating that the Applicant is in breach of its obligation(s) under the
Contract, without the Beneficiary needing to prove or to show grounds for your demand or the
sum specified therein.

This guarantee shall expire, no later than the …. Day of ……, 2…2, and any demand for payment
under it must be received by us at this office indicated above on or before that date. The Guarantor
agrees to a one-time extension of this guarantee for a period not to exceed (six month OR one year
– at the option of the Beneficiary), in response to the Beneficiary’s written request for such
extension, such a request to be presented to the Guarantor before the expiry of the guarantee.

1
The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount specified in
the Letter of Acceptance, less provisional sums, if any, and denominated either in the currency(cies) of the
Contract or a freely convertible currency acceptable to the Beneficiary.
2
Insert the date twenty-eight days after the expected completion date as described in GC Clause 11.9. The
Employer should note that in the event of an extension of this date for completion of the Contract, the Employer
would need to request an extension of this guarantee from the Guarantor. Such request must be in writing and
must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the Employer
might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor
agrees to a one-time extension of this guarantee for a period not to exceed 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 256

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

_____________________
[signature(s)]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.
Section X – Contract Forms 257

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. The Guarantor
agrees to a one-time extension of this guarantee for a period not to exceed (six month OR one year

1
The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount specified in
the Letter of Acceptance, less provisional sums, if any, and denominated either in the currency (cies) of the
Contract or a freely convertible currency acceptable to the Beneficiary.
2
Insert the date twenty-eight days after the expected completion date as described in GC Clause 11.9. The
Employer should note that in the event of an extension of this date for completion of the Contract, the Employer
would need to request an extension of this guarantee from the Guarantor. Such request must be in writing and
must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the Employer
might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor
agrees to a one-time extension of this guarantee for a period not to exceed 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 258

– at the option of the Beneficiary), in response to the Beneficiary’s written request for such
extension, such a request to be presented to the Guarantor before the expiry of the guarantee.

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

_____________________
[signature(s)]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.
Section X – Contract Forms 259

Advance Payment Security

Demand Guarantee
[Guarantor letterhead or SWIFT identifier code]

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: ___________________ [Insert name and Address of Employer]

Date: ________________ [Insert date of issue]

ADVANCE PAYMENT GUARANTEE No.: [Insert guarantee reference number]

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

We have been informed that ________________ (hereinafter called “the Applicant”) has entered
into Contract No. _____________ dated ____________ with the Beneficiary, for the execution of
_____________________ (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, an advance payment
in the sum ___________ ( ) is to be made against an advance payment guarantee.

At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________ ( )1
upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s
statement, whether in the demand itself or in a separate signed document accompanying or
identifying the demand, stating either that the Applicant:

(a) has used the advance payment for purposes other than the costs of mobilization in respect
of the Works; or

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

A demand under this guarantee may be presented as from the presentation to the Guarantor of a
certificate from the Beneficiary’s bank stating that the advance payment referred to above has been
credited to the Applicant on its account number ___________ at _________________..

1
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 260

The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Applicant as specified in copies of interim statements or payment
certificates which shall be presented to us. This guarantee shall expire, at the latest, upon our
receipt of a copy of the interim payment certificate indicating that ninety (90) percent of the
Accepted Contract Amount, less provisional sums, has been certified for payment, or on the ___
day of _____, 2___,2 whichever is earlier. Consequently, any demand for payment under this
guarantee must be received by us at this office on or before that date. The Guarantor agrees to a
one-time extension of this guarantee for a period not to exceed (six month OR one year – at the
option of the Beneficiary), in response to the Beneficiary’s written request for such extension, such
a request to be presented to the Guarantor before the expiry of the guarantee.

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
Insert the expected expiration date of the Time for Completion. The Employer should note that in the event of an
extension of the time for completion of the Contract, the Employer would need to request an extension of this
guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date
established in the guarantee. In preparing this guarantee, the Employer might consider adding the following text
to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this
guarantee for a period not to exceed 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 261

Retention Money Security

Demand Guarantee

________________________________ [Guarantor letterhead or SWIFT identifier code]

Beneficiary: ___________________ [Insert name and Address of Employer]

Date: ________________ [Insert date of issue]

RETENTION MONEY GUARANTEE No.: [Insert guarantee reference number]

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

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

Furthermore, we understand that, according to the conditions of the Contract, the Beneficiary
retains moneys up to the limit set forth in the Contract (“the Retention Money”), and that when the
Taking-Over Certificate has been issued under the Contract and the first half of the Retention
Money has been certified for payment, payment of [insert the second half of the Retention Money
or if the amount guaranteed under the Performance Guarantee when the Taking-Over Certificate
is issued is less than half of the Retention Money, the difference between half of the Retention
Money and the amount guaranteed under the Performance Security and, if required, the ES
Performance Security] is to be made against a Retention Money guarantee.

At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________ [insert amount in
figures] ( ) [amount in words]1 upon receipt by us of the Beneficiary’s complying demand
supported by the Beneficiary’s statement, whether in the demand itself or in a separate signed
document accompanying or identifying the demand, stating that the Applicant is in breach of its
obligation(s) under the Contract, without your needing to prove or show grounds for your demand
or the sum specified therein.

1
The Guarantor shall insert an amount representing the amount of the second half of the Retention Money or if
the amount guaranteed under the Performance Guarantee when the Taking-Over Certificate is issued is less than
half of the Retention Money, the difference between half of the Retention Money and the amount guaranteed under
the Performance Security and denominated either in the currency(ies) of the second half of the Retention Money
as specified in the Contract, or in a freely convertible currency acceptable to the Beneficiary.
Section X – Contract Forms 262

A demand under this guarantee may be presented as from the presentation to the Guarantor of a
certificate from the Beneficiary’s bank stating that the second half of the Retention Money as
referred to above has been credited to the Applicant on its account number ___________ at
_________________ [insert name and address of Applicant’s bank].

This guarantee shall expire no later than the …. Day of ……, 2…2, and any demand for payment
under it must be received by us at the office indicated above on or before that date. The Guarantor
agrees to a one-time extension of this guarantee for a period not to exceed (six month OR one year
– at the option of the Beneficiary), in response to the Beneficiary’s written request for such
extension, such a request to be presented to the Guarantor before the expiry of the guarantee.

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
Insert the same expiry date as set forth in the performance security, representing the date twenty-eight days after
the completion date described in GC Clause 11.9. The Employer should note that in the event of an extension of
this date for completion of the Contract, the Employer would need to request an extension of this guarantee from
the Guarantor. Such request must be in writing and must be made prior to the expiration date established in the
guarantee. In preparing this guarantee, the Employer might consider adding the following text to the form, at the
end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period
not to exceed [six months][one year], in response to the Beneficiary’s written request for such extension, such
request to be presented to the Guarantor before the expiry of the guarantee.”