i

BIDDING DOCUMENT

Request for Bids

Non-Consulting Services

Procurement of Digitization of Massavie Maps in Punjab –

(Multan Divisions)

Project Management Unit (PMU)

Punjab Urban Land Systems Enhancement (PULSE)
Project
Board of Revenue
Government of the Punjab

May 2024
 ii

Standard Procurement Document

Summary

Specific Procurement Notice

Specific Procurement Notice - Request for Bids (RFB)
The template attached is the Specific Procurement Notice for Request for Bids. This is the
template to be used by the Borrower.

Bidding Document: Request for Bids – Non-Consulting Services

PART 1 – BIDDING PROCEDURES

Section I - Instructions to Bidders (ITB)

This Section provides information to help Bidders prepare their Bids. Information
is also provided on the submission, opening, and evaluation of Bids and on the
award of Contracts. Section I contains provisions that are to be used without
modification.
Section II - Bid Data Sheet (BDS)
This Section includes provisions that are specific to each procurement and that
supplement Section I, Instructions to Bidders.
Section III - Evaluation and Qualification Criteria
This Section specifies the criteria to determine the Most Advantageous Bid. The Most
Advantageous Bid is the Bid of the Bidder that meets the qualification criteria and
whose Bid has been determined to be:
(a) substantially responsive to the bidding document, and
(b) the lowest evaluated cost.
Section IV - Bidding Forms
This Section includes the forms for the Bid Submission, Price Schedules, and Bid
Security to be completed and submitted by the Bidder as part of its Bid.
Section V - Eligible Countries
This Section contains information regarding eligible countries.
Section VI - Fraud and Corruption
This Section includes the Fraud and Corruption provisions which apply to this
Bidding process.
 iii

PART 2 – EMPLOYER’S REQUIREMENTS

Section VII - Activity Schedule
This Section includes the List of Non-Consulting Services and Completion
Schedules that describe the Services to be procured.

PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section VIII - General Conditions of Contract (GCC)
This Section includes the general clauses to be applied in all contracts. The text of
the clauses in this Section shall not be modified.
Section IX - Special Conditions of Contract (SCC)
This Section consists of Contract Data and Specific Provisions which contains
clauses specific to each contract. The contents of this Section modify or
supplement, but not over-write, the General Conditions and shall be prepared by
the Employer.
Section X - Contract Forms
This Section contains the Letter of Acceptance, Contract Agreement and other
relevant forms.
 i

Request for Bids

Non-Consulting Services

Procurement of:

Digitization of Massavie Maps in Punjab –

(Multan Divisions)
RFB No: PK-BOR PUNJAB-423756-NC-RFB
Project: Punjab Urban Land Systems Enhancement Project
Employer: Project Management Unit-Board of Revenue
Country: Pakistan
Issued on: May 13, 2024
Table of Contents

Part I – Bidding Procedures....................................................................................................1

Section I - Instructions to Bidders..................................................................................3
Section II - Bid Data Sheet (BDS) ...............................................................................29
Section III - Evaluation and Qualification Criteria ......................................................34
Section IV- Bidding Forms ..........................................................................................40
Section V - Eligible Countries .....................................................................................65
Section VI - Fraud and Corruption ..............................................................................66

Part II – Employer’s Requirement .......................................................................................68

Section VII - Activity Schedule ...................................................................................69

Part III – Conditions of Contract and Contract Forms .....................................................78

Section VIII - General Conditions of Contract ............................................................79
Section IX - Special Conditions of Contract..............................................................107
Section X - Contract Forms .......................................................................................115
 1

Part I – Bidding Procedures

 3

Section I - Instructions to Bidders

Contents

A. General ................................................................................................................................5
1. Scope of Bid.......................................................................................................5
2. Source of Funds .................................................................................................6
3. Fraud and Corruption .........................................................................................6
4. Eligible Bidders..................................................................................................6
5. Qualification of the Bidder ................................................................................9

B. Contents of Bidding Document ........................................................................................10

6. Sections of Bidding Document ........................................................................10
7. Site Visit...........................................................................................................11
8. Clarification of Bidding Document..................................................................11
9. Amendment of Bidding Document ..................................................................11

C. Preparation of Bids ..........................................................................................................11

10. Cost of Bidding ................................................................................................11
11. Language of Bid...............................................................................................11
12. Documents Comprising the Bid.......................................................................12
13. Letter of Bid and Activity Schedule ................................................................12
14. Alternative Bids ...............................................................................................13
15. Bid Prices and Discounts .................................................................................13
16. Currencies of Bid and Payment .......................................................................14
17. Documents Establishing Conformity of Services ............................................14
18. Documents Establishing the Eligibility and Qualifications of the Bidder .......14
19. Period of Validity of Bids ................................................................................15
20. Bid Security .....................................................................................................15
21. Format and Signing of Bid...............................................................................17

D. Submission and Opening of Bids .....................................................................................18

22. Sealing and Marking of Bids ...........................................................................18
23. Deadline for Submission of Bids .....................................................................18
Section I - Instructions to Bidders (ITB) 4

24. Late Bids ..........................................................................................................19

25. Withdrawal, Substitution and Modification of Bids ........................................19
26. Bid Opening .....................................................................................................19

E. Evaluation and Comparison of Bids ................................................................................20

27. Confidentiality .................................................................................................20
28. Clarification of Bids.........................................................................................21
29. Deviations, Reservations, and Omissions ........................................................21
30. Determination of Responsiveness ....................................................................21
31. Nonconformities, Errors and Omissions ..........................................................22
32. Correction of Arithmetical Errors ....................................................................22
33. Conversion to Single Currency ........................................................................23
34. Margin of Preference .......................................................................................23
35. Evaluation of Bids............................................................................................23
36. Comparison of Bids .........................................................................................24
37. Abnormally Low Bids......................................................................................24
38. Qualification of the Bidder ..............................................................................24
39. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids ............25
40. Standstill Period ...............................................................................................25
41. Notification of Intention to Award...................................................................25

F. Award of Contract ............................................................................................................26

42. Award Criteria..................................................................................................26
43. Notification of Award ......................................................................................26
44. Debriefing by the Employer.............................................................................27
45. Signing of Contract ..........................................................................................27
46. Performance Security.......................................................................................28
47. Adjudicator.......................................................................................................28
48. Procurement Related Complaint ......................................................................28
Section I - Instructions to Bidders (ITB) 5

Section I - Instructions to Bidders

A. General

1. Scope of Bid 1.1 In connection with the Specific Procurement Notice - Request for
Bids (RFB), specified in the Bid Data Sheet (BDS), the Employer, as
specified in the BDS, issues this bidding document for the delivery of
Non-Consulting Services, as specified in Section VII, Employer’s
Requirements. The name, identification and number of lots
(contracts) of this RFB procurement are specified in the BDS.

1.2 Throughout this bidding document:

(a) the term “in writing” means communicated in written form (e.g.
by mail, e-mail, fax, including if specified in the BDS,
distributed or received through the electronic-procurement
system used by the Employer) with proof of receipt;

(b) if the context so requires, “singular” means “plural” and vice

versa; and

(c) “Day” means calendar day, unless otherwise specified as

“Business Day”. A Business Day is any day that is an official
working day of the Borrower. It excludes the Borrower’s
official public holidays;
(d) “ES” means environmental and social, as applicable, (including
Sexual Exploitation and Abuse (SEA), and Sexual Harassment
(SH));

(e) “Sexual Exploitation and Abuse” “(SEA)” means the following:

Sexual Exploitation is defined as any actual or attempted abuse

of position of vulnerability, differential power or trust, for
sexual purposes, including, but not limited to, profiting
monetarily, socially or politically from the sexual exploitation
of another.
Sexual Abuse is defined as the actual or threatened physical
intrusion of a sexual nature, whether by force or under unequal
or coercive conditions.

(f) “Sexual Harassment” “(SH)” is defined as unwelcome sexual

advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature by the Service Provider’s Personnel
with other Service Provider’s or Employer’s Personnel;
Section I - Instructions to Bidders (ITB) 6

(g) “Service Provider’s Personnel” is as defined in GCC Sub-

Clause 1.1; and

(h) “Employer’s Personnel” is as defined in GCC Sub-Clause 1.1.

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.

1.3 The successful Bidder will be expected to complete the performance

of the Services by the Intended Completion Date provided in the
BDS.

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

Funds in the BDS has applied for or received financing (hereinafter called
“funds”) from the International Bank for Reconstruction and
Development or the International Development Association
(hereinafter called “the Bank”) in an amount specified in the BDS,
toward the project named in the BDS. The Borrower intends to apply
a portion of the funds to eligible payments under the contract for
which this bidding document is issued.
2.2 Payment by the Bank will be made only at the request of the
Borrower and upon approval by the Bank in accordance with 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 or materials if such payment or
import is prohibited by a decision of the United Nations Security
Council taken under Chapter VII of the Charter of the United
Nations. No party other than the Borrower shall derive any rights
from the Loan (or other financing) Agreement or have any claim to
the proceeds of the Loan (or other financing).
3. Fraud and 3.1 The Bank requires compliance with the Bank’s Anti-Corruption
Corruption Guidelines and its prevailing sanctions policies and procedures as set
forth in the WBG’s Sanctions Framework, as set forth in Section VI.

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

4. Eligible 4.1 A Bidder may be a firm that is a private entity, a state-owned entity
Bidders or institution subject to ITB 4.6, or any combination of such entities
Section I - Instructions to Bidders (ITB) 7

in the form of a Joint Venture (JV) under an existing agreement or

with the intent to enter into such an agreement supported by a letter
of intent. In the case of a joint venture, all members shall be jointly
and severally liable for the execution of the entire Contract in
accordance with the Contract terms. The JV shall nominate a
Representative who shall have the authority to conduct all business
for and on behalf of any and all the members of the JV during the
Bidding process and, in the event the JV is awarded the Contract,
during contract execution. Unless specified in the BDS, there is no
limit on the number of members in a JV.

4.2 A Bidder shall not have a conflict of interest. Any Bidder found to
have a conflict of interest shall be disqualified. A Bidder may be
considered to have a conflict of interest for the purpose of this
Bidding process, if the Bidder:
(a) directly or indirectly controls, is controlled by or is under
common control with another Bidder; or

(b) receives or has received any direct or indirect subsidy from

another Bidder; or
(c) has the same legal representative as another Bidder; or
(d) has a relationship with another Bidder, directly or through
common third parties, that puts it in a position to influence the
Bid of another Bidder, or influence the decisions of the
Employer regarding this Bidding process; or
Section I - Instructions to Bidders (ITB) 8

(e) or any of its affiliates participated as a consultant in the

preparation of the Employer’s Requirements (including
Activities Schedules, Performance Specifications and
Drawings) for the Non-Consulting Services 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 for the Contract
implementation; or
(g) would be providing goods, works, or non-consulting services
resulting from or directly related to consulting services for the
preparation or implementation of the project specified in the
BDS ITB 2.1 that it provided or were provided by any
affiliate that directly or indirectly controls, is controlled by, or
is under common control with that firm; or

(h) has a close business or family relationship with a professional

staff of the Borrower (or of the project implementing agency,
or of a recipient of a part of the loan) who: (i) are directly or
indirectly involved in the preparation of the bidding document
or specifications of the contract, and/or the Bid evaluation
process of such contract; or (ii) would be involved in the
implementation or supervision of such contract unless the
conflict stemming from such relationship has been resolved in
a manner acceptable to the Bank throughout the procurement
process and execution of the Contract.

4.3 A firm that is a Bidder (either individually or as a JV member) shall not

participate in more than one Bid, except for permitted alternative Bids.
This includes participation as a subcontractor. 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 sub-
contractor in more than one Bid.
4.4 A Bidder may have the nationality of any country, subject to the
restrictions pursuant to ITB 4.8. A Bidder shall be deemed to have the
nationality of a country if the Bidder is constituted, incorporated or
registered in and operates in conformity with the provisions of the laws
of that country, as evidenced by its articles of incorporation (or
equivalent documents of constitution or association) and its registration
documents, as the case may be. This criterion also shall apply to the
determination of the nationality of proposed subcontractors or
subconsultants for any part of the Contract including related Services.

4.5 A Bidder that has been sanctioned by the Bank, pursuant to the
Bank’s Anti-Corruption Guidelines, and in accordance with its
prevailing sanctions policies and procedures as set forth in the
Section I - Instructions to Bidders (ITB) 9

WBG’s Sanctions Framework as described in Section VI paragraph

2.2 d., shall be ineligible to be prequalified for, initially selected for,
bid for, propose for, or be awarded a Bank-financed contract or
benefit from a Bank-financed contract, financially or otherwise,
during such period of time as the Bank shall have determined. The
list of debarred firms and individuals is available at the electronic
address specified in the BDS.

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

Employer’s Country may be eligible to compete and be awarded a
Contract(s) only if they can establish, in a manner acceptable to the
Bank, that they: (i) are legally and financially autonomous; (ii) operate
under commercial law; and (iii) are not under supervision of the
Employer.
4.7 A Bidder shall not be under suspension from Bidding by the Employer
as the result of the operation of a Bid-Securing Declaration or Proposal-
Securing Declaration.

4.8 Firms and individuals may be ineligible if so indicated in Section V and

(a) as a matter of law or official regulations, the Borrower’s country
prohibits commercial relations with that country, provided that the Bank
is satisfied that such exclusion does not preclude effective competition
for the supply of goods or the contracting of works or services required;
or (b) by an act of compliance with a decision of the United Nations
Security Council taken under Chapter VII of the Charter of the United
Nations, the Borrower’s country prohibits any import of goods or
contracting of works or services from that country, or any payments to
any country, person, or entity in that country.

4.9 This Bidding is open for all eligible Bidders, unless otherwise specified
in ITB 18.4.
4.10 A Bidder shall provide such documentary evidence of eligibility
satisfactory to the Employer, as the Employer shall reasonably request.

4.11 A firm that is under a sanction of debarment by the Borrower from

being awarded a contract is eligible to participate in this
procurement, unless the Bank, at the Borrower’s request, is satisfied
that the debarment; (a) relates to fraud or corruption, and (b)
followed a judicial or administrative proceeding that afforded the
firm adequate due process.

5. Qualification 5.1 All Bidders shall provide in Section IV, Bidding Forms, a
of the Bidder preliminary description of the proposed work method and schedule,
including drawings and charts, as necessary.
Section I - Instructions to Bidders (ITB) 10

5.2 In the event that prequalification of Bidders has been undertaken as

stated in ITB 18.4, the provisions on qualifications of the Section III,
Evaluation and Qualification Criteria shall not apply.

B. Contents of Bidding Document

6. Sections of 6.1 The bidding document consists of Parts 1, 2, and 3, which include all
Bidding the sections indicated below, and should be read in conjunction with
Document any Addenda issued in accordance with ITB 9.

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: Employer’s Requirements

• Section VII - Employer’s Requirements

PART 3: Contract

• Section VIII - General Conditions of Contract (GCC)

• Section IX - Special Conditions of Contract (SCC)

• Section X - Contract Forms

6.2 The Specific Procurement Notice - Request for Bids (RFB) or the
notice to prequalified Bidders, as the case may be issued by the
Employer is not part of this bidding document.
6.3 Unless obtained directly from the Employer, the Employer is not
responsible for the completeness of the 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 9. In
case of any contradiction, documents obtained directly from the
Employer shall prevail.

6.4 The Bidder is expected to examine all instructions, forms, terms, and
specifications in the bidding document and to furnish with its Bid all
Section I - Instructions to Bidders (ITB) 11

information or documentation as is required by the bidding

document.

7. Site Visit 7.1 The Bidder, at the Bidder’s own responsibility and risk, is
encouraged to visit and examine the locations of required Services
and its surroundings and obtain all information that may be necessary
for preparing the Bid and entering into a contract for the Services.
The costs of visiting the locations of required Services and its
surroundings shall be at the Bidder’s own expense.
8. Clarification of 8.1 A Bidder requiring any clarification of the bidding document shall
Bidding contact the Employer in writing at the Employer’s address specified
Document in the BDS. The Employer will respond in writing to any request for
clarification, provided that such request is received prior to the
deadline for submission of Bids within a period specified in the BDS.
The Employer shall forward copies of its response to all Bidders who
have acquired the bidding document in accordance with ITB 6.3,
including a description of the inquiry but without identifying its
source. If so specified in the BDS, the Employer shall also promptly
publish its response at the web page identified in the BDS. Should
the clarification result in changes to the essential elements of the
bidding document, the Employer shall amend the bidding document
following the procedure under ITB 9 and ITB 23.2.

9. Amendment of 9.1 At any time prior to the deadline for submission of Bids, the
Bidding Employer may amend the bidding document by issuing addenda.
Document
9.2 Any addendum issued shall be part of the bidding document and shall
be communicated in writing to all who have obtained the bidding
document from the Employer in accordance with ITB 6.3. The
Employer shall also promptly publish the addendum on the
Employer’s web page in accordance with ITB 8.1.
9.3 To give prospective Bidders reasonable time in which to take an
addendum into account in preparing their Bids, the Employer shall
extend, as necessary, the deadline for submission of Bids, in
accordance with ITB 23.2 below.

C. Preparation of Bids

10. Cost of 10.1 The Bidder shall bear all costs associated with the preparation and
Bidding 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.
11. Language of 11.1 The Bid as well as all correspondence and documents relating to the
Bid Bid exchanged by the Bidder and the Employer shall be written in the
language specified in the BDS. Supporting documents and printed
Section I - Instructions to Bidders (ITB) 12

literature that are part of the Bid may be in another language provided
they are accompanied by an accurate translation of the relevant
passages into the language specified in the BDS, in which case, for
purposes of interpretation of the Bid, such translation shall govern.

12. Documents 12.1 The Bid shall comprise the following:

Comprising
the Bid (a) Letter of Bid prepared in accordance with ITB 13;

(b) Schedules: priced Activity Schedule completed in accordance

with ITB 13 and ITB 15;

(c) Bid Security or Bid-Securing Declaration in accordance with

ITB 20.1;
(d) Alternative Bid: if permissible in accordance with ITB 14;

(e) Authorization: written confirmation authorizing the signatory of

the Bid to commit the Bidder, in accordance with ITB 21.3;

(f) Qualifications: documentary evidence in accordance with ITB

18 establishing the Bidder’s qualifications to perform the
Contract if its Bid is accepted;
(g) Bidder’s Eligibility: documentary evidence in accordance with
ITB 18 establishing the Bidder’s eligibility to Bid;

(h) Conformity: documentary evidence in accordance with ITB 17,

that the Services conform to the bidding document; and

(i) any other document required in the BDS.

12.2 In addition to the requirements under ITB 12.1, Bids submitted by a
JV shall include a copy of the Joint Venture Agreement entered into
by all members. Alternatively, a letter of intent to execute a Joint
Venture Agreement in the event of a successful Bid shall be signed by
all members and submitted with the Bid, together with a copy of the
proposed Agreement.

12.3 The Bidder shall furnish in the Letter of Bid information on

commissions and gratuities, if any, paid or to be paid to agents or any
other party relating to this Bid.

13. Letter of Bid 13.1 The Letter of Bid and priced Activity Schedule shall be prepared using
and Activity the relevant forms furnished in Section IV, Bidding Forms. The forms
Schedule must be completed without any alterations to the text, and no
substitutes shall be accepted except as provided under ITB 21.3. All
blank spaces shall be filled in with the information requested.
Section I - Instructions to Bidders (ITB) 13

14. Alternative 14.1 Unless otherwise indicated in the BDS, alternative Bids shall not be
Bids considered. If alternatives are permitted, only the technical
alternatives, if any, of the Most Advantageous Bidder shall be
considered by the Employer.

14.2 When alternative times for completion are explicitly invited, a

statement to that effect will be included in the BDS and the method of
evaluating different time schedules will be described in Section III,
Evaluation and Qualification Criteria.

14.3 When specified in the BDS, Bidders are permitted to submit alternative
technical solutions for specified parts of the Services, and such parts
will be identified in the BDS, as will the method for their evaluating,
and described in Section VII, Employer’s Requirements.

15. Bid Prices and 15.1 The prices and discounts (including any price reduction) quoted by the
Discounts Bidder in the Letter of Bid and in the Activity Schedule(s) shall
conform to the requirements specified below.

15.2 All lots (contracts) and items must be listed and priced separately in
the Activity Schedule(s).

15.3 The Contract shall be for the Services, as described in Appendix A to

the Contract and in the Specifications, based on the priced Activity
Schedule, submitted by the Bidder.
15.4 The Bidder shall quote any discounts and indicate the methodology
for their application in the Letter of Bid in accordance with ITB 13.1.

15.5 The Bidder shall fill in rates and prices for all items of the Services
described in the in Specifications, and listed in the Activity Schedule
in Section VII, Employer’s Requirements. Items for which no rate or
price is entered by the Bidder will not be paid for by the Employer
when executed and shall be deemed covered by the other rates and
prices in the Activity Schedule.

15.6 All duties, taxes, and other levies payable by the Service Provider
under the Contract, or for any other cause, as of the date 28 days prior
to the deadline for submission of Bids, shall be included in the total
Bid price submitted by the Bidder.
15.7 If provided for in the BDS, the rates and prices quoted by the Bidder
shall be subject to adjustment during the performance of the Contract
in accordance with and the provisions of Clause 6.6 of the General
Conditions of Contract and/or Special Conditions of Contract. The
Bidder shall submit with the Bid all the information required under the
Special Conditions of Contract and of the General Conditions of
Contract.
Section I - Instructions to Bidders (ITB) 14

15.8 For the purpose of determining the remuneration due for additional
Services, a breakdown of the lump-sum price shall be provided by the
Bidder in the form of Appendices D and E to the Contract.

16. Currencies of 16.1 The currency(ies) of the Bid and the currency(ies) of payments shall
Bid and be the same. The Bidder shall quote in the currency of the Employer’s
Payment Country the portion of the Bid price that corresponds to expenditures
incurred in the currency of the Employer’s Country, unless otherwise
specified in the BDS.
16.2 The Bidder may express the Bid price in any currency. If the Bidder
wishes to be paid in a combination of amounts in different currencies,
it may quote its price accordingly but shall use no more than three
foreign currencies in addition to the currency of the Employer’s
Country.
16.3 Bidders may be required by the Employer to justify their foreign
currency requirements and to substantiate that the amounts included
in the Lump-sum are reasonable and responsive to ITB 16.1 and 16.2.
17. Documents 17.1 To establish the conformity of the Non-Consulting Services to the
Establishing bidding document, the Bidder shall furnish as part of its Bid the
Conformity of documentary evidence that Services provided conform to the technical
Services specifications and standards specified in Section VII, Employer’s
Requirements.
17.2 Standards for provision of the Non-Consulting Services are intended
to be descriptive only and not restrictive. The Bidder may offer other
standards of quality provided that it demonstrates, to the Employer’s
satisfaction, that the substitutions ensure substantial equivalence or are
superior to those specified in the Section VII, Employer’s
Requirements.

18. Documents 18.1 To establish Bidder’s their eligibility in accordance with ITB 4,
Establishing Bidders shall complete the Letter of Bid, included in Section IV,
the Eligibility Bidding Forms.
and 18.2 The documentary evidence of the Bidder’s qualifications to perform
Qualifications the Contract if its Bid is accepted shall establish to the Employer’s
of the Bidder satisfaction that the Bidder meets each of the qualification criterion
specified in Section III, Evaluation and Qualification Criteria.
18.3 All Bidders shall provide in Section IV, Bidding Forms, a preliminary
description of the proposed methodology, work plan and schedule.
18.4 In the event that prequalification of Bidders has been undertaken as
stated in the BDS, only Bids from prequalified Bidders shall be
considered for award of Contract. These qualified Bidders should
submit with their Bids any information updating their original
prequalification applications or, alternatively, confirm in their Bids
that the originally submitted prequalification information remains
essentially correct as of the date of Bid submission.
Section I - Instructions to Bidders (ITB) 15

18.5 If prequalification has not taken place before Bidding, the

qualification criteria for the Bidders are specified in Section III,
Evaluation and Qualification Criteria.

19. Period of 19.1 Bids shall remain valid until the date specified in the BDS or any
Validity of extended date if amended by the Employer in accordance with ITB 9.
Bids 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 9,
shall be rejected by the Employer as nonresponsive.
19.2 In exceptional circumstances, prior to the date of expiration of the Bid
validity, the Employer may request Bidders to extend the period of
validity of their Bids. The request and the responses shall be made in
writing. If a Bid Security is requested in accordance with ITB 20, it shall
also be extended for a corresponding period. 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 19.3.

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

beyond the expiry of the initial bid validity specified in accordance
with ITB 19.1, 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.

20. Bid Security 20.1 The Bidder shall furnish as part of its Bid, either a Bid-Securing
Declaration or a Bid security, as specified in the BDS, in original form
and, in the case of a Bid Security, in the amount and currency specified
in the BDS.
20.2 A Bid Securing Declaration shall use the form included in Section IV,
Bidding Forms.

20.3 If a Bid Security is specified pursuant to ITB 20.1, the Bid Security
shall be a demand guarantee, and in any of the following forms at the
Bidder’s option:

(a) an unconditional guarantee issued by a bank or non-bank

financial institution (such as an insurance, bonding or surety
company);
Section I - Instructions to Bidders (ITB) 16

(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 and an eligible country. If the unconditional

guarantee is issued by a non-bank financial institution located outside the
Employer’s Country, the issuing non-bank financial institution shall have
a correspondent financial institution located in the Employer’s Country to
make it enforceable, unless the Employer has agreed in writing, prior to
Bid submission, that a correspondent financial institution is not required.
In the case of a bank guarantee, the Bid security shall be submitted either
using the Bid Security Form included in Section IV, Bidding Forms, or in
another substantially similar format approved by the Employer prior to
Bid submission. The Bid Security shall be valid for twenty-eight (28)
days beyond the original date of expiry of the Bid validity, or beyond any
extended date if requested under ITB 19.2.

20.4 If a Bid Security is specified pursuant to ITB 20.1, any Bid not
accompanied by a substantially responsive Bid Security shall be
rejected by the Employer as non-responsive.
20.5 If a Bid Security is specified pursuant to ITB 20.1, 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 pursuant to ITB 46.

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

promptly as possible once the successful Bidder has signed the
Contract and furnished the required Performance Security.
20.7 The Bid Security may be forfeited:
(a) if a Bidder withdraws its Bid prior to the expiry date of the Bid
validity specified by the Bidder on the Letter of Bid or any
extended date provided by the Bidder; or

(b) if the successful Bidder fails to:

(i) sign the Contract in accordance with ITB 45; or

(ii) furnish a performance security in accordance with ITB
46.

20.8 The Bid Security or Bid-Securing Declaration of a JV must 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 Bid-Securing Declaration shall be in the names of all
Section I - Instructions to Bidders (ITB) 17

future members as named in the letter of intent referred to in ITB 4.1

and ITB 12.2.

20.9 If a Bid Security is not required in the BDS, pursuant to ITB 20.1, 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 45; or

(ii) furnish a performance security in accordance with ITB 46;

the Borrower may, if provided for in the BDS, declare the Bidder
ineligible to be awarded a contract by the Employer for a period of
time as stated in the BDS.

21. Format and 21.1 The Bidder shall prepare one original of the documents comprising the
Signing of Bid Bid as described in ITB 12, bound with the volume containing the
Form of Bid, and clearly marked “Original.” In addition, the Bidder
shall submit copies of the Bid, in the number specified in the BDS,
and clearly marked as “Copies.” In the event of discrepancy between
them, the original shall prevail.
21.2 Bidders shall mark as “CONFIDENTIAL” information in their Bids
which is confidential to their business. This may include proprietary
information, trade secrets, or commercial or financially sensitive
information.

21.3 The original and all copies of the Bid shall be typed or written in
indelible ink and shall be signed by a person or persons 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.

21.4 In case the Bidder is a JV, the Bid shall be signed by an authorized
representative of the JV on behalf of the JV, and so as to be legally
binding on all the members as evidenced by a power of attorney signed
by their legally authorized representatives.
21.5 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) 18

D. Submission and Opening of Bids

22. Sealing and 22.1 The Bidder shall deliver the Bid in a single, sealed envelope. Within
Marking of the single envelope the Bidder shall place the following separate,
Bids sealed envelopes:
(a) in an envelope marked “ORIGINAL”, all documents comprising
the Bid, as described in ITB 12; and

(b) in an envelope marked “COPIES”, all required copies of the Bid;

and

(c) if alternative Bids are permitted in accordance with ITB 14, and
if relevant:
(i) in an envelope marked “ ORIGINAL - ALTERNATIVE
BID”, the alternative Bid; and

(ii) in the envelope marked “COPIES – ALTERNATIVE BID” all

required copies of the alternative Bid.

22.2 The inner and outer envelopes shall:

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

(b) be addressed to the Employer in accordance with ITB 23.1;

(c) bear the specific identification of this Bidding process specified

in accordance with BDS 1.1; and
(d) bear a warning not to open before the time and date for Bid
opening.

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

23. Deadline for 23.1 Bids must be received by the Employer at the address and no later than
Submission of the date and time specified in the BDS. When so specified in the BDS,
Bids 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.
23.2 The Employer may, at its discretion, extend the deadline for the
submission of Bids by amending the bidding document in accordance
with ITB 9, 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.
Section I - Instructions to Bidders (ITB) 19

24. Late Bids 24.1 The Employer shall not consider any Bid that arrives after the deadline
for submission of Bids, in accordance with ITB 23. Any Bid received
by the Employer after the deadline for submission of Bids shall be
declared late, rejected, and returned unopened to the Bidder.

25. Withdrawal, 25.1 A Bidder may withdraw, substitute, or modify its Bid after it has been
Substitution submitted by sending a written notice, duly signed by an authorized
and representative, and shall include a copy of the authorization (the power
Modification of of attorney) in accordance with ITB 21.3, (except that withdrawal
Bids 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 21 and ITB 22
(except that withdrawal notices do not require copies), and in
addition, the respective envelopes shall be clearly marked
“WITHDRAWAL,” “SUBSTITUTION,” or
“MODIFICATION;” and

(b) received by the Employer prior to the deadline prescribed for

submission of Bids, in accordance with ITB 23.
25.2 Bids requested to be withdrawn in accordance with ITB 25.1 shall be
returned unopened to the Bidders.
25.3 No Bid may be withdrawn, substituted, or modified in the interval
between the deadline for submission of Bids and the date of expiry of
the Bid validity specified by the Bidder on the Letter of Bid or any
extended date thereof.

26. Bid Opening 26.1 Except as in the cases specified in ITB 23 and ITB 25.2, the Employer
shall, at the Bid opening, publicly open and read out all Bids received
by the deadline at the date, time and place specified in the BDS in the
presence of Bidders’ designated representatives and anyone who
choose to attend. Any specific electronic Bid opening procedures
required if electronic bidding is permitted in accordance with ITB
23.1, shall be as specified in the BDS.

26.2 First, envelopes marked “WITHDRAWAL” shall be opened and read

out and the envelope with the corresponding Bid shall not be opened,
but returned to the Bidder. If the withdrawal envelope does not contain
a copy of the “power of attorney” confirming the signature as a person
duly authorized to sign on behalf of the Bidder, the corresponding Bid
will be opened. 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.
26.3 Next, envelopes marked “SUBSTITUTION” shall be opened and read
out and exchanged with the corresponding Bid being substituted, and
Section I - Instructions to Bidders (ITB) 20

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.

26.4 Next, envelopes marked “MODIFICATION” shall be opened and read

out with the corresponding Bid. No Bid modification shall be
permitted unless the corresponding modification notice contains a
valid authorization to request the modification and is read out at Bid
opening.
26.5 Next, all remaining envelopes shall be opened one at a time, reading
out: the name of the Bidder and whether there is a modification; the
total Bid Prices, per lot (contract) if applicable, including any
discounts and alternative Bids; the presence or absence of a Bid
Security or Bid-Securing Declaration, if required; and any other
details as the Employer may consider appropriate.

26.6 Only Bids, alternative Bids and discounts that are opened and read out
at Bid opening shall be considered further. The Letter of Bid and the
priced Activity Schedule are to be initialed by representatives of the
Employer attending Bid opening in the manner specified in the BDS.

26.7 The Employer shall neither discuss the merits of any Bid nor reject
any Bid (except for late Bids, in accordance with ITB 24.1).
26.8 The Employer shall prepare a record of the Bid opening that shall
include, as a minimum:

(a) the name of the Bidder and whether there is a withdrawal,

substitution, or modification;
(b) the Bid Price, per lot (contract) if applicable, including any
discounts; and
(c) any alternative Bids;

(d) the presence or absence of a Bid Security or Bid-Securing

Declaration, if one was required.

26.9 The Bidders’ representatives who are present shall be requested to sign
the record. The omission of a Bidder’s signature on the record shall
not invalidate the contents and effect of the record. A copy of the
record shall be distributed to all Bidders.

E. Evaluation and Comparison of Bids

27. Confidentiality 27.1 Information relating to the evaluation of Bids and recommendation of
contract award, shall not be disclosed to Bidders or any other persons
not officially concerned with the Bidding process until information on
Section I - Instructions to Bidders (ITB) 21

the Intention to Award the Contract is transmitted to all Bidders in

accordance with ITB 41.

27.2 Any effort by a Bidder to influence the Employer in the evaluation or

contract award decisions may result in the rejection of its Bid.
27.3 Notwithstanding ITB 27.2, from the time of Bid opening to the time
of Contract Award, if any Bidder wishes to contact the Employer on
any matter related to the Bidding process, it should do so in writing.

28. Clarification of 28.1 To assist in the examination, evaluation, and comparison of Bids, and
Bids qualification of the Bidders, the Employer may, at the Employer’s
discretion, ask any Bidder for clarification of its Bid including
breakdowns of the prices in the Activity Schedule, and other information
that the Employer may require. Any clarification submitted by a Bidder
in respect to its Bid and 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 32.

28.2 If a Bidder does not provide clarifications of its Bid by the date and
time set in the Employer’s request for clarification, its Bid may be
rejected.
29. Deviations, 29.1 During the evaluation of Bids, the following definitions apply:
Reservations,
and Omissions (a) “Deviation” is a departure from the requirements specified in the
bidding document;
(b) “Reservation” is the setting of limiting conditions or withholding
from complete acceptance of the requirements specified in the
bidding document; and
(c) “Omission” is the failure to submit part or all of the information or
documentation required in the bidding document.

30. Determination 30.1 The Employer’s determination of a Bid’s responsiveness is to be based

of on the contents of the Bid itself, as defined in ITB 12.
Responsiveness
30.2 A substantially responsive Bid is one that meets the requirements of
the bidding document without material deviation, reservation, or
omission. A material deviation, reservation, or omission is one that:
(a) if accepted, would:
Section I - Instructions to Bidders (ITB) 22

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

performance of the Non-Consulting Services 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 Contract; or
(b) if rectified, would unfairly affect the competitive position of
other Bidders presenting substantially responsive Bids.

30.3 The Employer shall examine the technical aspects of the Bid submitted
in accordance with ITB 17 and ITB 18, in particular, to confirm that
all requirements of Section VII, Employer’s Requirements have been
met without any material deviation or reservation, or omission.

30.4 If a Bid is not substantially responsive to the requirements of 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. Nonconformitie 31.1 Provided that a Bid is substantially responsive, the Employer may
s, Errors and waive any nonconformities in the Bid.
Omissions
31.2 Provided that a Bid is substantially responsive, the Employer may
request that the Bidder submit the necessary information or
documentation, within a reasonable period of time, to rectify
nonmaterial nonconformities or omissions 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.

31.3 Provided that a Bid is substantially responsive, the Employer shall

rectify quantifiable nonmaterial nonconformities related to the Bid
Price. To this effect, the Bid Price shall be adjusted, for comparison
purposes only, to reflect the price of a missing or non-conforming item
or component by adding the average price of the item or component
quoted by substantially responsive Bidders. If the price of the item or
component cannot be derived from the price of other substantially
responsive Bids, the Employer shall use its best estimate.
32. Correction of 32.1 Provided that the Bid is substantially responsive, the Employer shall
Arithmetical correct arithmetical errors on the following basis:
Errors
(a) if there is a discrepancy between the unit price and the line item
total that is obtained by multiplying the unit price by the
quantity, the unit price shall prevail and the line item total shall
Section I - Instructions to Bidders (ITB) 23

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 line item total as quoted shall govern and the unit
price shall be corrected;

(b) if there is an error in a total corresponding to the addition or

subtraction of subtotals, the subtotals shall prevail and the total
shall be corrected; and
(c) if there is a discrepancy between words and figures, the amount
in words shall prevail, unless the amount expressed in words is
related to an arithmetic error, in which case the amount in
figures shall prevail subject to (a) and (b) above.

32.2 Bidders shall be requested to accept correction of arithmetical errors.

Failure to accept the correction in accordance with ITB 32.1, shall
result in the rejection of the Bid.

33. Conversion to 33.1 For evaluation and comparison purposes, the currency(ies) of the Bid
Single shall be converted in a single currency as specified in the BDS.
Currency

34. Margin of 34.1 A margin of preference shall not apply.

Preference

35. Evaluation of 35.1 The Employer shall use the criteria and methodologies listed in this
Bids ITB and Section III, Evaluation and Qualification Criteria. No other
evaluation criteria or methodologies shall be permitted. By applying
the criteria and methodologies, the Employer shall determine the Most
Advantageous Bid. This is the Bid of the Bidder that meets the
qualification criteria and whose Bid has been determined to be:
(a) substantially responsive to the bidding document; and
(b) the lowest evaluated cost.

35.2 In evaluating the Bids, the Employer will determine for each Bid the
evaluated Bid cost by adjusting the Bid price as follows:
(a) price adjustment for correction of arithmetic errors in accordance
with ITB 32.1;

(b) price adjustment due to discounts offered in accordance with ITB

15.4;

(c) converting the amount resulting from applying (a) and (b) above,
if relevant, to a single currency in accordance with ITB 33;
Section I - Instructions to Bidders (ITB) 24

(d) price adjustment due to quantifiable nonmaterial

nonconformities in accordance with ITB 31.3;

(e) excluding provisional sums and the provision, if any, for

contingencies in the Activity Schedule but including Daywork,
when requested in the Specifications; and
(f) the additional evaluation factors are specified in Section III,
Evaluation and Qualification Criteria.

35.3 The estimated effect of the price adjustment provisions of the

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

35.4 If this bidding document allows Bidders to quote separate prices for
different lots (contracts), the methodology to determine the lowest
evaluated cost of the lot (contract) combinations, including any
discounts offered in the Letter of Bid, is specified in Section III,
Evaluation and Qualification Criteria.
36. Comparison of 36.1 The Employer shall compare the evaluated costs of all substantially
Bids responsive Bids established in accordance with ITB 35.2 to determine
the Bid that has the lowest evaluated cost.

37. Abnormally 37.1 An Abnormally Low Bid is one where the Bid price, in combination
Low Bids with other constituent elements of the Bid, appears unreasonably low
to the extent that the Bid price raises material concerns as to the
capability of the Bidder to perform the Contract for the offered Bid
price.

37.2 In the event of identification of a potentially Abnormally Low Bid, the

Employer shall seek written clarifications from the Bidder, including
detailed price analyses of its Bid price in relation to the subject matter
of the contract, scope, proposed methodology, schedule, allocation of
risks and responsibilities and any other requirements of the bidding
document.
37.3 After evaluation of the price analyses, in the event that the Employer
determines that the Bidder has failed to demonstrate its capability to
perform the Contract for the offered Bid Price, the Employer shall
reject the Bid.
38. Qualification 38.1 The Employer shall determine to its satisfaction whether the Bidder
of the Bidder that is selected as having submitted the lowest evaluated cost and
substantially responsive Bid is eligible and meets the qualifying
criteria specified in Section III, Evaluation and Qualification Criteria.
38.2 The determination shall be based upon an examination of the
documentary evidence of the Bidder’s qualifications submitted by the
Section I - Instructions to Bidders (ITB) 25

Bidder, pursuant to ITB 18. The determination shall not take into
consideration the qualifications of other firms such as the Bidder’s
subsidiaries, parent entities, affiliates, subcontractors or any other
firm(s) different from the Bidder that submitted the Bid.

38.3 Prior to Contract award, the Employer will verify that the successful
Bidder (including each member of a JV) is not disqualified by the
Bank due to noncompliance with contractual SEA/SH prevention and
response obligations. The Employer will conduct the same verification
for each subcontractor proposed by the successful Bidder. If any
proposed subcontractor does not meet the requirement, the Employer
will require the Bidder to propose a replacement subcontractor.
38.4 An affirmative determination shall be a prerequisite for award of the
Contract to the Bidder. A negative determination shall result in
disqualification of the Bid, in which event the Employer shall proceed
to the Bidder who offers a substantially responsive Bid with the next
lowest evaluated cost to make a similar determination of that Bidder’s
qualifications to perform satisfactorily.

39. Employer’s 39.1 The Employer reserves the right to accept or reject any Bid, and to
Right to annul the Bidding process and reject all Bids at any time prior to
Accept Any Contract Award, without thereby incurring any liability to Bidders. In
Bid, and to case of annulment, all Bids submitted and specifically, Bid securities,
Reject Any or shall be promptly returned to the Bidders.
All Bids
40. Standstill 40.1 The Contract shall not be awarded earlier than the expiry of the
Period Standstill Period. The Standstill Period shall be ten (10) Business Days
unless extended in accordance with ITB 44. 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

41. Notification of 41.1 The Employer shall send to each Bidder, the Notification of Intention
Intention to to Award the Contract to the successful Bidder. The Notification of
Award Intention to Award shall contain, at a minimum, the following
information:
(a) the name and address of the Bidder submitting the successful
Bid;

(b) the Contract price of the successful Bid;

(c) the names of all Bidders who submitted Bids, and their Bid
prices as readout and as evaluated;
Section I - Instructions to Bidders (ITB) 26

(d) a statement of the reason(s) the Bid (of the unsuccessful Bidder
to whom the notification is addressed) was unsuccessful;

(e) the expiry date of the Standstill Period; and

(f) instructions on how to request a debriefing or submit a
complaint during the standstill period.

F. Award of Contract
42. Award 42.1 Subject to ITB 39, the Employer shall award the Contract to the
Criteria successful Bidder. This is the Bidder whose Bid has been determined
to be the Most Advantageous Bid. This is the Bid of the Bidder that
meets the qualification criteria and whose Bid has been determined to
be:

(a) substantially responsive to the bidding document; and

(b) the lowest evaluated cost.

43. Notification of 43.1 Prior to the date of expiry of the Bid validity and upon expiry of the
Award Standstill Period, specified in ITB 40.1, 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 Service Provider in consideration of the
execution of the Contract (hereinafter and in the Conditions of Contract
and Contract Forms called “the Contract Price”).

43.2 Within ten (10) Business Days after the date of transmission of the
Letter of Acceptance, the Employer shall publish the Contract Award
Notice which shall contain, at a minimum, the following information:

(a) name and address of the Employer;

(b) name and reference number of the contract being awarded, and the
selection method used;

(c) names of all Bidders that submitted Bids, and their Bid prices as
read out at Bid opening, and as evaluated;
(d) name of Bidders whose Bids were rejected and the reasons for
their rejection;
(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) 27

(f) successful Bidder’s Beneficial Ownership Disclosure Form, if

specified in BDS ITB 45.1.

43.3 The Contract Award Notice shall be published on the Employer’s

website with free access if available, or in at least one newspaper of
national circulation in the Employer’s Country, or in the official
gazette. The Employer shall also publish the contract award notice in
UNDB online.
43.4 Until a formal Contract is prepared and executed, the Letter of
Acceptance shall constitute a binding Contract.

44. Debriefing by 44.1 On receipt of the Borrower’s Notification of Intention to Award

the Employer referred to in ITB 41, 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.

44.2 Where a request for debriefing is received within the deadline, the
Employer shall provide a debriefing within five (5) Business Days,
unless the Employer decides, for justifiable reasons, to provide the
debriefing outside this timeframe. In that case, the standstill period
shall automatically be extended until five (5) Business Days after such
debriefing is provided. If more than one debriefing is so delayed, the
standstill period shall not end earlier than five (5) Business Days after
the last debriefing takes place. The Employer shall promptly inform, by
the quickest means available, all Bidders of the extended standstill
period.
44.3 Where a request for debriefing is received by the Employer later than
the three (3)-Business Day deadline, the Employer should provide the
debriefing as soon as practicable, and normally no later than fifteen (15)
Business Days from the date of publication of Public Notice of Award
of contract. Requests for debriefing received outside the three (3)-day
deadline shall not lead to extension of the standstill period.

44.4 Debriefings of unsuccessful Bidders may be done in writing or

verbally. The Bidder shall bear their own costs of attending such a
debriefing meeting.

45. Signing of 45.1 The Employer shall send to the successful Bidder the Letter of
Contract Acceptance including the Contract Agreement, and, if specified in the
BDS, a request to submit the Beneficial Ownership Disclosure Form
providing additional information on its beneficial ownership. The
Beneficial Ownership Disclosure Form, if so requested, shall be
submitted within eight (8) Business Days of receiving this request.
Section I - Instructions to Bidders (ITB) 28

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

46. Performance 46.1 Within twenty-eight (28) days of the receipt of the Letter of Acceptance
Security from the Employer, the successful Bidder, if required, shall furnish the
Performance Security in accordance with the GCC 3.9, using for that
purpose the Performance Security Form 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.
46.2 Failure of the successful Bidder to submit the above-mentioned
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.

47. Adjudicator 47.1 The Employer proposes the person named in the BDS to be appointed
as Adjudicator under the Contract, at an hourly fee specified in the
BDS, plus reimbursable expenses. If the Bidder disagrees with this
Bid, the Bidder should so state in the Bid. If, in the Letter of
Acceptance, the Employer has not agreed on the appointment of the
Adjudicator, the Adjudicator shall be appointed by the Appointing
Authority designated in the Special Conditions of Contract at the
request of either party.

48. Procurement 48.1 The procedures for making a Procurement-related Complaint are as
Related specified in the BDS.
Complaint
Section IV – Bidding Forms 29

Section II - Bid Data Sheet (BDS)

The following specific data for the Non-Consulting Services 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.

ITB Reference A. General

ITB 1.1 The reference number of the Request for Bids (RFB) is
PK-BOR PUNJAB-423756-NC-RFB
The Employer is: Project Management Unit-Board of Revenue
The name of the RFB is:
Digitization of Massavie Maps in Punjab –(Multan Divisions)
The number and identification of this RFB is:
PMU BOR/PULSE/MM/2023-24/001 - Digitization of Massavie Maps
in Punjab – Multan Division (District/s Khanewal, Multan, Vehari).

ITB 1.3 The Intended Completion Date Eight (08) months After Date of Signing of
Contract.

ITB 2.1 The Borrower is Islamic Republic of Pakistan.

Financing Agreement amount: $150 million
The name of the Project is: Punjab Urban Land Systems Enhancement
(PULSE) Project

ITB 4.1 Maximum number of members in the Joint Venture (JV) shall be:
Two (02)

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

B. Contents of Bidding Document

ITB 8.1 For Clarification of Bid purposes only, the Employer’s address is:
Procurement Specialist
Project Management Unit-Board of Revenue
158-A, Abu Bakar Block, New Garden Town, Lahore, Pakistan.
042-37882061
[email protected]
https://pulse.gop.pk/
Section IV – Bidding Forms 30

Requests for clarification should be received by the Employer no later

than: 7 days (after the issuance of bids).

C. Preparation of Bids

ITB 11.1 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 12.1 (i) The Bidder shall submit the following additional documents in its Bid:
Code of Conduct for Service Provider’s Personnel

The Bidder shall submit its Code of Conduct that will apply to the Service
Provider’s Personnel (as defined in GCC Sub- Clause 1.1) employed for the
execution of Services (defined in GCC Sub- Clause 1.1) at the locations in
the Employer’s country where the Services are required, to ensure
compliance with the Service Provider’s Environmental and/or Social, as
applicable, obligations under the Contract. The Bidder shall use for this
purpose the Code of Conduct form provided in Section IV. No substantial
modifications shall be made to this form, except that the Bidder may
introduce additional requirements, including as necessary to take into
account specific Contract issues/risks.

ITB 14.1 Alternative Bids shall not be considered.

ITB 14.2 Alternative times for completion shall not be permitted.

ITB 14.3 Alternative technical solutions shall be permitted for the following parts of
the Services: N/A

ITB 15.7 The prices quoted by the Bidder shall not be subject to adjustment during
the performance of the Contract.

ITB 16.1 The Bidder is required to quote in the currency of the Employer’s Country
the portion of the Bid price that corresponds to expenditures incurred in that
currency.

ITB 18.4 Prequalification has not been undertaken.

ITB 19.1 The Bid validity period shall be 5th September 2024.

ITB 19.3 (a) The Bid price shall be adjusted by the following factor(s):
Section IV – Bidding Forms 31

"The Bid price shall be adjusted by the following factor(s):

Local Currency:
𝑅𝑙=𝑅𝑙𝑜[0.1+0.9(𝐼𝑙/𝐼𝑙𝑜)]
where
Rl is the adjusted bid price in local currency;
Rlo is the original bid price payable in local currency;
Il is the official index for salaries in the Employer’s country for the month
for which the adjustment is to have effect; and
Ilo is the official index for salaries in the Employer’s country for the month
of the date of the Contract.
Official index for salaries corresponding to Il and Ilo in the adjustment
formula: Monthly Consumer Price Index (CPI) published by Pakistan
Bureau of Statistics
Foreign Currency: The bidder shall quote the official index for inflation
along with the price bid from the country of the foreign currency such as
CPI mentioned above for the local currency. The formula for adjustment
shall be as indicated above for local currency. If the bidder fails to mention
the official index, the Purchaser shall adopt the relevant index by it's own
discretion."

ITB 20.1 A Bid Security shall be required.

A Bid-Securing Declaration shall not be required.
The amount and currency of the Bid Security shall be as mentioned below:

Multan Division 2,000,000 /- (Pakistan Rupees)

ITB 20.3 (d) Other types of acceptable securities: None

ITB 21.1 In addition to the original of the Bid, the number of copies is: One
The Bidders shall also submit the PDF copy of the entire Bid and
word/excel copy of the technical and financial parts of Bid on a USB
device.

ITB 21.3 The written confirmation of authorization to sign on behalf of the Bidder
shall consist of:
i. Power of Attorney to sign the bid.
ii. Bid submitted by an existing or intended JV shall include an
undertaking signed by all parties:
a. stating that all parties shall be jointly and severally liable and;
b. nominating an authorized representative who shall have the
authority to conduct all business for and on behalf of any and
Section IV – Bidding Forms 32

all the parties of JV during the bidding process and in the

event the JV is awarded the contract during contract
execution.

D. Submission and Opening of Bids

ITB 23.1 For Bid submission purposes only, the Employer’s address is:
Procurement Specialist
Project Management Unit-Board of Revenue
158-A, Abu Bakar Block, New Garden Town, Lahore, Pakistan.
042-37882061
[email protected]
https://pulse.gop.pk/
For identification of the bid the envelopes should indicate the name of RFB
as mentioned in ITB 1.1.

ITB 23.1 The deadline for Bid submission is:

Date: 5th June 2024.
Time: 11:00 a.m.
Bidders shall not have the option of submitting their Bids electronically.
The Bid opening shall take place at:
ITB 26.1
Street Address: 158-A, Abu Bakar Block, New Garden Town, Lahore.
Floor/ Room number: Conference Room
City: Lahore
Country: Pakistan
Date: 5th June 2024
Time: Immediately after bid submission deadline

ITB 26.6 The Letter of Bid and priced Activity Schedule shall be signed by all the
Committee members/ representatives of the Employer conducting Bid
opening.
Each Bid shall be initialed by all representatives and shall be numbered,
any modification to the unit or total price shall be initialed by the
Representative of the Employer.

E. Evaluation and Comparison of Bids

ITB 33.1 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: Pakistan Rupee
The source of exchange rate shall be: The State Bank of Pakistan
Section IV – Bidding Forms 33

The date for the exchange rate shall be: 14 days before bid opening date.

F. Award of Contract

ITB 45.1 The successful Bidder shall submit the Beneficial Ownership Disclosure
Form.

ITB 47 The Adjudicator proposed by the Employer is Mr. Mubeen ud Din Qazi,
Senior Advocate Supreme Court of Pakistan. The hourly fee for this
proposed Adjudicator shall be PKR 15,000/-.

ITB 48.1 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 should submit
its complaint following these procedures, in writing (by the quickest means
available, that is either by email or fax), to:
Procurement Specialist
Project Management Unit-Board of Revenue
158-A, Abu Bakar Block, New Garden Town, Lahore, Pakistan.
042-37882061
[email protected]
https://pulse.gop.pk/
In summary, a Procurement-related Complaint may challenge any of the
following:
1. the terms of the Bidding Documents;
2. Exclusion of a bidder from the procurement process; and
3. the Employer’s decision to award the contract.
Section IV – Bidding Forms 34

Section III - Evaluation and Qualification Criteria

Contents

1. Evaluation (ITB 35.2(f)) ............................................................................................35

1.1 Adequacy of Technical Proposal .....................................................................35
1.2 Multiple Contracts............................................................................................35
1.3 Alternative Times for Completion ...................................................................35
1.4 Alternative Technical Solutions for specified parts of the Services ................35
1.5 Sustainable procurement ..................................................................................35

2. Qualification ...............................................................................................................36
Section IV – Bidding Forms 35

The Employer shall use the criteria and methodologies listed in this Section to evaluate Bids.
By applying these criteria and methodologies, the Employer shall determine the Most
Advantageous Bid. This is the Bid that has been determined to be:

(a) substantially responsive to the bidding document, and

(b) the lowest evaluated cost.

1. Evaluation (ITB 35.2(f))

In addition to the criteria listed in ITB 35.2 (a) to (e) the following criteria shall apply:
1.1 Adequacy of Technical Proposal

Evaluation of the Bidder's Technical Proposal will include an assessment of the Bidder's
technical capacity to mobilize key equipment and personnel for the contract consistent with
its proposal regarding work methods, scheduling, and material sourcing in sufficient detail
and fully in accordance with the requirements stipulated in Section VII, Employer’s
Requirements. The Bidders shall submit their proposed methodologies for the assessment of
Employer’s Requirements. This would be evaluated for determination of responsiveness in
accordance with ITB 30.2.

1.2 Multiple Contracts

Pursuant to ITB 35.4 of the Instructions to Bidders, if Services are grouped in multiple
contracts, evaluation will be as follows:

(a) Award Criteria for Multiple Contracts [ITB 35.4]: NA

(b) Qualification Criteria for Multiple Contracts: NA

1.3 Alternative Times for Completion

An alternative Completion Time, if permitted under ITB 14.2, will be evaluated as follows:

Not applicable.
1.4 Alternative Technical Solutions for specified parts of the Services

If permitted under ITB 14.3, will be evaluated as follows:

Not applicable.
1.5 Sustainable procurement

Not applicable.
Section IV – Bidding Forms 36

2. Qualification

All Bidders shall include the following information and documents with their Bids:

(a) copies of original documents defining the constitution or legal status, place of
registration, and principal place of business; written power of attorney of the signatory of the
Bid to commit the Bidder;

(b) total monetary value of Services performed for any of the last three (03) years;

Letters from Clients or Copies of Contracts describing the total monetary value of services
performed for each of the last three (03) years in business. Alternatively, any supporting
document such as income statements from audited financial statements describing the total
monetary value of services performed for each of the last three (03) years in business may be
provided.

(c) experience in Services of a similar nature and size for the last ten (10) years, and
details of Services under way or contractually committed; and names and address of clients
who may be contacted for further information on those contracts;
Documented verifiable experience of ten (10) years in the field of GIS data
development preferably in land records management and parcel mapping in the
private/public sector, registered firms with relevant regulatory authorities.

Firm must demonstrate a proven track record of working on at least One (01)
contract in the last ten (10) years related to services of a similar nature such as
GIS-related interventions, geo-spatial mapping of parcels, georeferencing, and
digitization.

(d) qualifications and experience of key management and technical personnel proposed
for Contract;

16 years of 16 years of Matric. 16 years of 16 years of 16 years of

education in education in 05 years’ education in education in education in
Cartography, Cartography, experience Cartography, Cartography, Cartography,
Geography, Geography, as Land Geography, Geography, Geography,
GIS, Space GIS, Space Revenue GIS, Space GIS, Space GIS, Space
Science or Science or Officer Science or Science or Science or
related field related field with related field related field related field
with ten (10) with seven Governme with five (05) with two (02) with three (03)
years of (07) years of nt of years of years of years of
relevant relevant Punjab/ relevant relevant relevant
experience. experience. Pakistan experience experience experience
GIS Specialist Revenue
Team Lead GIS Manager GIS Analyst QC Analyst
Expert
01 3 6 6 30 12
Section IV – Bidding Forms 37

(e) reports on the financial standing of the Bidder, such as profit and loss statements
and auditor’s reports for the past three (03) years;

(f) evidence of adequacy of financial resources for this Contract (working capital,
access to line(s) of credit and availability of other financial resources);
(g) authority to the Employer to seek references from the Bidder’s bankers;

(h) information regarding any litigation, current or during the last five (05) years, in
which the Bidder is involved, the parties concerned, and disputed amount; and

(i) proposals for subcontracting components of the Services amounting to more than
10 percent of the Contract Price.
(j) Environmental and Social (ES) past performance declaration (see below at the end of this
section).

(k) In addition to above, following must also be submitted by the bidders:

(l) Active National Tax Number. (Not required for foreign bidders)
(2) Active PST /General Sales Tax Number (Not required for foreign bidders)
2.1 Bidders shall include with their bids the Sexual Exploitation and Abuse (SEA)
and/or Sexual Harassment Performance Declaration, using the form in Section IV.

Bids submitted by a joint venture of two firms as members shall comply with the following
requirements, unless otherwise stated below:
(a) the Bid shall include all the information listed above for each joint venture member;

(b) the Bid shall be signed so as to be legally binding on all members;

(c) the Bid shall include a copy of the agreement entered into by the joint venture
members defining the division of assignments to each member and establishing that all
members shall be jointly and severally liable for the execution of the Contract in accordance
with the Contract terms; 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;
(d) one of the members shall be nominated as being in charge, authorized to incur
liabilities, and receive instructions for and on behalf of any and all members of the joint
venture; and

(e) the execution of the entire Contract, including payment, shall be done exclusively
with the member in charge.

2.2 Qualification of Award:

To qualify for award of the Contract, Bidders shall meet the following minimum qualifying
criteria:
Section IV – Bidding Forms 38

(a) annual volume of Services of at least the amount specified below;

(b) experience as service provider in the provision of at least one (01) service contract
of a nature and complexity equivalent to the Services over the last ten (10) years
as specified below;
(c) Suitably qualified key personnel specified below and other key personnel that the
Bidder considers appropriate to perform the Services; and

(d) liquid assets of no less than the amount specified below.

A consistent history of litigation or arbitration awards against the Applicant or any member
of a Joint Venture may result in disqualification.
At the time of Contract award, successful Bidder (including each member of a JV) shall not
be subject to disqualification by the Bank due to noncompliance with contractual SEA/SH
prevention and response obligations. If any proposed subcontractor does not meet the
requirement, the Employer will require the Bidder to propose a replacement subcontractor .

Qualification Requirements
Joint The information needed for Bids submitted by Joint Venture/Association is as
Venture/ follows: as required above from (a), (b) , (c) and (d).
Association.

Annual The minimum required average annual volume of services for the successful
Volume of Bidder in last three (03) years shall be:
Services
Minimum Required Annual
Volume (Pakistan Rupee)

75 Million

Experience Documented verifiable experience of ten (10) years in the field of GIS data
development preferably in land records management and parcel mapping in the
private/public sector, registered firms with relevant regulatory authorities.

Firm must demonstrate a proven track record of working on at least one (01)
contract in the last ten (10) years related to services of a similar nature such
as GIS-related interventions, geo-spatial mapping of parcels, georeferencing,
and digitization.

Minimum Required Value of

Contract (Pakistan Rupee)

60 Million

Key The Bidders must be required to maintain separate qualified teams to ensure
Personnel focused and efficient project implementation;
Section IV – Bidding Forms 39

Team GIS Revenue GIS GIS QC

Lead Specialist Expert Manager Analyst Analyst

1 3 6 6 30 12

The CVs of Team Lead, GIS Specialist, Revenue Expert, GIS Manager will be
shared with the Employer.

Liquid The minimum quantifiable amount of liquid assets of the successful Bidder for
Assets shall be:

Minimum Liquid Assets

(Pakistan Rupee)

20 Million

Subcontract Subcontractors’ experience shall not be taken into account.

ors

The figures for each of the members of a joint venture shall be added together to determine
the Bidder’s compliance with the minimum qualifying criteria of (a), (b) and (d); however,
for a joint venture to qualify the member in charge must meet at least 40 percent of those
minimum criteria for an individual Bidder and other members at least 25% of the criteria. The
criteria under para (c) above shall be met by all partners combined in the JV. Failure to comply
with this requirement will result in rejection of the joint venture’s Bid.

At the time of Contract award, successful Bidder shall not be subject to disqualification by
the Bank due to noncompliance with contractual SEA/SH prevention and response
obligations. If any proposed subcontractor does not meet the requirement, the Employer will
require the Bidder to propose a replacement subcontractor.

Subcontractors’ experience and resources will not be taken into account in determining the
Bidder’s compliance with the qualifying criteria, unless otherwise stated in the Qualification
Requirements above.
Declaration: Environmental and Social (ES) past performance

The Bidder (if joint venture, each member of a joint venture) shall declare, using the form in
Section IV, any contract that has been suspended or terminated and/or performance security
called by an employer, in the past five years, for reasons of breach of environmental or social
(including Sexual Exploitation and Abuse) contractual obligations. The Employer may use
this information to seek further information or clarifications in carrying out its due diligence.
Section IV – Bidding Forms 40

Section IV- Bidding Forms

Table of Forms

Letter of Bid............................................................................................................................41

Bidder Information Form .....................................................................................................44

Bidder’s JV Members Information Form ...........................................................................45

Qualification Information .....................................................................................................46

Environmental and Social Performance Declaration .........................................................49

Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment Performance

Declaration..................................................................................................................51

Schedule Forms ......................................................................................................................52

Activity Schedule....................................................................................................................53

Method Statement ..................................................................................................................54

Code of Conduct for Service Provider’s Personnel Form (ES) .........................................55

Work Plan ...............................................................................................................................59

Others - Time Schedule .........................................................................................................60

Form of Bid Security..............................................................................................................61

Form of Bid Security (Bid Bond) ..........................................................................................63

Form of Bid-Securing Declaration .......................................................................................64

Section IV – Bidding Forms 41

Letter of Bid

INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED

THE DOCUMENT

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

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

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

We, the undersigned, declare that:

To: [insert complete name of Employer]

(a) No reservations: We have examined and have no reservations to the bidding

document, including Addenda issued in accordance with ITB 9;
(b) Eligibility: We meet the eligibility requirements and have no conflict of interest in
accordance with ITB 4;

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

(d) Exploitation and Abuse (SEA) and/or Sexual Harassment (SH): [select the
appropriate option from (i) to (iii) 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 42

(e) Conformity: We offer to provide the Non-Consulting Services in conformity with the
bidding document of the following: [insert a brief description of the Non-Consulting
Services];

(f) Bid Price: The total price of our Bid, excluding any discounts offered in item (f)
below is: [Insert one of the options below as appropriate]
Option 1, in case of one lot: Total price is: [insert the total price of the Bid in words and
figures, indicating the various amounts and the respective currencies];
Or

Option 2, in case of multiple lots: (a) Total price of each lot [insert the total price of each
lot in words and figures, indicating the various amounts and the respective currencies];
and (b) Total price of all lots (sum of all lots) [insert the total price of all lots in words
and figures, indicating the various amounts and the respective currencies];

(g) 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];

(h) Bid Validity Period: Our Bid shall be valid until [insert day, month and year in
accordance with ITB 19.1], and it shall remain binding upon us and may be accepted
at any time before the expiration of that period;
(i) Performance Security: If our Bid is accepted, we commit to obtain a Performance
Security in accordance with the bidding document;

(j) One Bid Per Bidder: We are not submitting any other Bid(s) as an individual Bidder,
and we are not participating in any other Bid(s) as a Joint Venture member or as a
subcontractor, and meet the requirements of ITB 4.3, other than alternative Bids
submitted in accordance with ITB 14;

(k) Suspension and Debarment: We, along with any of our subcontractors, suppliers,
consultants, manufacturers, or service providers for any part of the contract, are not
subject to, and not controlled by any entity or individual that is subject to, a temporary
suspension or a debarment imposed by the World Bank Group or a debarment imposed
by the World Bank Group in accordance with the Agreement for Mutual Enforcement
of Debarment Decisions between the World Bank and other development banks.
Further, we are not ineligible under the Employer’s Country laws or official regulations
or pursuant to a decision of the United Nations Security Council;
(l) 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];
Section IV – Bidding Forms 43

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

Name of Recipient Address Reason Amount

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

(n) [Delete if not appropriate, or amend to suit] We confirm that we understand the
provisions relating to Standstill Period as described in this bidding document and the
Procurement Regulations.
(o) 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;

(p) 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

(q) 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.

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]

*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 44

Bidder Information Form

[The Bidder shall fill in this Form in accordance with the instructions indicated below. No
alterations to its format shall be permitted and no substitutions shall be accepted.]

Date: [insert date (as day, month and year) of Bid submission]
RFB No.: [insert number of Bidding process]
Alternative No.: [insert identification No if this is a Bid for an alternative]
Page ________ of_ ______ pages

1. Bidder’s Name [insert Bidder’s legal name]

2. In case of JV, legal name of each member : [insert legal name of each member in JV]

3. Bidder’s actual or intended country of registration: [insert actual or intended country of

registration]

4. Bidder’s year of registration: [insert Bidder’s year of registration]

5. Bidder’s Address in country of registration: [insert Bidder’s legal address in country of

registration]

6. Bidder’s Authorized Representative Information

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]

7. Attached are copies of original documents of [check the box(es) of the attached
original documents]
 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 agency of the Employer
8. Included are the organizational chart, a list of Board of Directors, and the beneficial
ownership. [If required under BDS ITB 45.1, the successful Bidder shall provide additional
information on beneficial ownership, using the Beneficial Ownership Disclosure Form.]
Section IV – Bidding Forms 45

Bidder’s JV Members Information Form

[The Bidder shall fill in this Form in accordance with the instructions indicated below. The
following table shall be filled in for the Bidder and for each member of a Joint Venture]].

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

Page ________ of_ ______ pages

1. Bidder’s Name: [insert Bidder’s legal name]

2. Bidder’s JV Member’s name: [insert JV’s Member legal name]

3. Bidder’s JV Member’s country of registration: [insert JV’s Member country of

registration]

4. Bidder’s JV Member’s year of registration: [insert JV’s Member year of registration]

5. Bidder’s JV Member’s legal address in country of registration: [insert JV’s Member

legal address in country of registration]

6. Bidder’s JV Member’s authorized representative information

Name: [insert name of JV’s Member authorized representative]
Address: [insert address of JV’s Member authorized representative]
Telephone/Fax numbers: [insert telephone/fax numbers of JV’s Member authorized
representative]
Email Address: [insert email address of JV’s Member authorized representative]

7. Attached are copies of original documents of [check the box(es) of the attached original
documents]
 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.
8. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
[If required under BDS ITB 45.1, the successful Bidder shall provide additional information on
beneficial ownership for each JV member using the Beneficial Ownership Disclosure Form.]
Section IV – Bidding Forms 46

Qualification Information
1. Individual 1.1 Constitution or legal status of Bidder: [attach copy]
Bidders or
Individual Place of registration: [insert]
Members of Principal place of business: [insert]
Joint Ventures Power of attorney of signatory of Bid: [attach]

1.2 Total annual volume of Services performed in five years, in the

internationally traded currency specified in the BDS: [insert]

1.3 Services performed as prime Service Provider on the provision of

Services of a similar nature and volume over the last five years.
The values should be indicated in the same currency used for Item
1.2 above. Also list details of Services under way or committed,
including expected completion date.

Project name and Name of employer Type of Services Value of contract

country and contact person provided and year of
completion
(a)

(b)

1.4 Major items of Service Provider's Equipment proposed for

carrying out the Services. List all information requested below.

Item of Description, Condition (new, good, Owned, leased (from whom?),

equipment make, and age poor) and number or to be purchased (from
(years) available whom?)
(a)

(b)

1.5 Qualifications and experience of key personnel proposed for

administration and execution of the Contract. Attach biographical
data. Refer to GCC Clause 4.1.

Position Name Years of experience Years of experience

(general) in proposed
position
(a)
Section IV – Bidding Forms 47

(b)
1.6 Proposed subcontracts and firms involved. Refer to GCC Clause
3.5.

Sections of the Value of Subcontractor Experience in providing

Services subcontract (name and address) similar Services
(a)

(b)

1.7 Financial reports for the last five years: balance sheets, profit and
loss statements, auditors’ reports, etc. List below and attach
copies.
1.8 Evidence of access to financial resources to meet the qualification
requirements: cash in hand, lines of credit, etc. List below and
attach copies of support documents. We certify/confirm that we
comply with eligibility requirements as per ITB 4.

1.9 Name, address, and telephone, telex, and facsimile numbers of

banks that may provide references if contacted by the Employer.

1.10 Information regarding any litigation, current or within the last

five years, in which the Bidder is or has been involved.

Other party(ies) Cause of dispute Details of litigation Amount

award involved
(a)

(b)

1.11 Statement of compliance with the requirements of ITB 4.2.

1.12 Environmental and Social (ES) performance declaration, if

required, and Sexual Exploitation and Abuse (SEA) and/or
Sexual Harassment Performance Declaration, using the forms
included in this Section IV.
1.13 Proposed Program (service work method and schedule).
Descriptions, drawings, and charts, as necessary, to comply with
the requirements of the bidding document.

2. Joint Ventures 2.1 The information listed in 1.1 - 1.12 above shall be provided for
each member of the joint venture (and each subcontractor for the
SEA/SH declaration).

2.2 The information in 1.13 above shall be provided for the joint
venture.
Section IV – Bidding Forms 48

2.3 Attach the power of attorney of the signatory(ies) of the Bid

authorizing signature of the Bid on behalf of the joint venture.

2.4 Attach the Agreement among all members of the joint venture
(and which is legally binding on all members), which shows that
(a) all members shall be jointly and severally liable for the
execution of the Contract in accordance with the Contract
terms;

(b) one of the members will be nominated as being in charge,

authorized to incur liabilities, and receive instructions for
and on behalf of any and all members of the joint venture;
and

(c) the execution of the entire Contract, including payment,

shall be done exclusively with the member in charge.
3. Additional 3.1 Bidders should provide any additional information required in
Requirements the BDS.
Section IV – Bidding Forms 49

Environmental and Social Performance Declaration

[Note to the Employer: Include this form if applicable in accordance with Section III]

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

Bidder’s Name: [insert full name]

Date: [insert day, month, year]
Joint Venture Member’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

 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, in the past five years.
 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, in the past five years. 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 50

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. gender-based violence; sexual exploitation, or sexual abuse breaches]
Section IV – Bidding Forms 51

Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment

Performance Declaration

[The following table shall be filled in for 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

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.

[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the issues
underlying the disqualification.]
Section IV – Bidding Forms 52

Schedule Forms

[The Bidder shall fill in these Forms in accordance with the instructions indicated. The list of line
items in column 1 of the Activity Schedules shall coincide with the List of Non-Consulting Services
specified in the Employer’s Requirements.]
 Section IV - Bidding Forms 53

Activity Schedule
Date: _________________________
Currencies in accordance with ITB 16 RFB No: _____________________
Alternative No: ________________
Page N ______ of ______
1 2 3 4 5 6 7
Service Description of Services Unit Delivery Date Quantity and Unit price Total Price per Service
N physical unit (Col. 5*6)

[insert [insert name of Services] [insert delivery date [insert number of [insert unit price per [insert total price per
number of at place of final units] unit] unit]
the destination per
Service ] Service]

Total Bid Price

Name of Bidder [insert complete name of Bidder] Signature of Bidder [signature of person signing the Bid] Date [insert date]
Section IV - Bidding Forms 54

Method Statement

[Not Applicable]
Section IV - Bidding Forms 55

Code of Conduct for Service Provider’s Personnel Form (ES)

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 SERVICE PROVIDER’s PERSONNEL

We are the Service Provider, [enter name of Service Provider]. We have signed a contract with
[enter name of Employer] for [enter description of the Services]. The Services will be carried out
at [enter the locations in the Employer’s country where the Services are required, as applicable].
Our contract requires us to implement measures to address environmental and social risks, related
to the Services.

This Code of Conduct is part of our measures to deal with environmental and social risks, related
to the Services.

All personnel that we utilize in the execution of the Services, including the staff, labor and other
employees of us and each Subcontractor, and any other personnel assisting us in the execution of
the Services, are referred to as Service Provider’s Personnel.

This Code of Conduct identifies the behavior that we require from the Service Provider’s Personnel
employed for the execution of the Services at the locations in the Employer’s country where the
Services are provided.

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
Service Provider’s Personnel employed for the execution of the Services at the locations in the
Employer’s country where the Services are provided 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
Service Provider’s Personnel and any other person;
3. maintain a safe working environment including by:
Section IV - Bidding Forms 56

a. ensuring that workplaces, machinery, equipment and processes under each person’s
control are safe and without risk to health;
b. wearing required personal protective equipment;
c. using appropriate measures relating to chemical, physical and biological substances
and agents; and
d. following applicable emergency operating procedures.
4. report work situations that he/she believes are not safe or healthy and remove
himself/herself from a work situation which he/she reasonably believes presents an
imminent and serious danger to his/her life or health;
5. treat other people with respect, and not discriminate against specific groups such as women,
people with disabilities, migrant workers or children;
6. not engage in any form of sexual harassment including unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct of a sexual nature with
other Service Provider’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 in Sexual Abuse, which means the actual or threatened physical intrusion of
a sexual nature, whether by force or under unequal or coercive conditions;
9. not engage in any form of sexual activity with individuals under the age of 18, except in
case of pre-existing marriage;
10. complete relevant training courses that will be provided related to the environmental and
social aspects of the Contract, including on health and safety matters, and Sexual
Exploitation and Abuse, 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 applicable grievance mechanism for Service
Provider’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 individual, with relevant experience, designated by the Service
provider to handle these matters] in writing at this address [ ] or by telephone at [ ] or in
person at [ ]; or
2. Call [ ] to reach the Service Provider’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
Section IV - Bidding Forms 57

due and appropriate consideration. We take seriously all reports of possible misconduct and will
investigate and take appropriate action. We will provide warm referrals to service providers that
may help support the person who experienced the alleged incident, as appropriate.
There will be no retaliation against any person who raises a concern in good faith about any
behavior prohibited by this Code of Conduct. Such retaliation would be a violation of this Code
of Conduct.
CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT
Any violation of this Code of Conduct by the Service Provider’s Personnel may result in serious
consequences, up to and including termination and possible referral to legal authorities.

FOR SERVICE PROVIDER’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
Service Provider’s contact person(s) with relevant experience] requesting an explanation.
Name of Service Provider’s Personnel: [insert name] Signature:
__________________________________________________________
Date: (day month year): _______________________________________________
Countersignature of authorized representative of the Service Provider:
Signature: ________________________________________________________
Date: (day month year): ______________________________________________
ATTACHMENT 1: Behaviors constituting SEA and behaviors constituting SH
Section IV - Bidding Forms 58

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 Service Provider’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 Service Provider’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 Service Provider’s Personnel rapes, or otherwise sexually assaults a member of the community.
• A Service Provider’s Personnel denies a person access to the locations where the Services are
executed unless he/she performs a sexual favor.
• A Service Provider’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

• A Service Provider’s Personnel comment on the appearance of another Service Provider’s
Personnel (either positive or negative) and sexual desirability.
• When a Service Provider’s Personnel complains about comments made by another Service
Provider’s Personnel on his/her appearance, the other Service Provider’s Personnel comment
that he/she is “asking for it” because of how he/she dresses.
• Unwelcome touching of a Service Provider’s Personnel or Employer’s Personnel by another
Service Provider’s Personnel.
• A Service Provider’s Personnel tells another Service Provider’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 59

Work Plan
Section IV – Bidding Forms 60

Others - Time Schedule

Not Applicable
Section IV – Bidding Forms 61

Form of Bid Security

(Bank Guarantee)

[The bank shall fill in this Bank Guarantee Form in accordance with the instructions indicated.]

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [Employer to insert its name and address]

RFB No.: [Employer to insert reference number for the Request for Bids]

Alternative No.: [Insert identification No if this is a Bid for an alternative]

Date: [Insert date of issue]

BID 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 the Bidder, which in the case of a joint venture
shall be the name of the joint venture (whether legally constituted or prospective) or the names of
all members thereof] (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 Bidder’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 sign
the contract agreement, or (ii) has failed to furnish the 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 issued to the
Beneficiary in relation to such Contract agreement; or (b) if the Applicant is not the successful
Section IV – Bidding Forms 62

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)]

Note: All italicized text is for use in preparing this form and shall be deleted from the final
product.
Section IV – Bidding Forms 63

Form of Bid Security (Bid Bond)

Not Used.
Section IV – Bidding Forms 64

Form of Bid-Securing Declaration

Not Used.
Section V - Eligible Countries 65

Section V - Eligible Countries

Eligibility for the Provision of Goods, Works and Services in Bank-Financed Procurement

In reference to ITB 4.8, 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) “none”
Under ITB 4.8 (b) “none”
Section VI – Fraud and Corruption 66

Section VI - Fraud and Corruption

(Section VI shall not be modified)

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

2.2 To this end, the Bank:

a. Defines, for the purposes of this provision, the terms set forth below as follows:
i. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of another party;
ii. “fraudulent practice” is any act or omission, including misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial
or other benefit or to avoid an obligation;
iii. “collusive practice” is an arrangement between two or more parties designed to
achieve an improper purpose, including to influence improperly the actions of
another party;
iv. “coercive practice” is impairing or harming, or threatening to impair or harm,
directly or indirectly, any party or the property of the party to influence improperly
the actions of a party;
v. “obstructive practice” is:
(a) deliberately destroying, falsifying, altering, or concealing of evidence
material to the investigation or making false statements to investigators in
order to materially impede a Bank investigation into allegations of a corrupt,
fraudulent, coercive, or collusive practice; and/or threatening, harassing, or
intimidating any party to prevent it from disclosing its knowledge of matters
relevant to the investigation or from pursuing the investigation; or
(b) acts intended to materially impede the exercise of the Bank’s inspection and
audit rights provided for under paragraph 2.2 e. below.
b. Rejects a proposal for award if the Bank determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-
Section VI – Fraud and Corruption 67

contractors, service providers, suppliers and/ or their employees, has, directly or

indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in
competing for the contract in question;
c. In addition to the legal remedies set out in the relevant Legal Agreement, may take other
appropriate actions, including declaring misprocurement, if the Bank determines at any
time that representatives of the Borrower or of a recipient of any part of the proceeds of
the loan engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during
the procurement process, selection and/or execution of the contract in question, without
the Borrower having taken timely and appropriate action satisfactory to the Bank to
address such practices when they occur, including by failing to inform the Bank in a timely
manner at the time they knew of the practices;
d. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the Bank’s
prevailing sanctions policies and procedures, may sanction a firm or individual, either
indefinitely or for a stated period of time, including by publicly declaring such firm or
individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract,
financially or in any other manner; 1 (ii) to be a 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 inspect 3 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 II – Employer’s Requirements 68

Part II – Employer’s Requirement

Part III – Conditions of Contract and Contract Forms 69

Section VII - Activity Schedule

The assignment must be completed within eight (08) months from the date of accepting the
notification of the award. Timely completion is crucial to ensure the smooth and efficient execution
of the assignment, delivering the desired outcomes as per the agreed timeline.

1. The vendor(s) shall submit its complete work implementation plan in 15 days after the
signing of the Contract.
2. The number of Tentative Parcels for each district is given below:

Division District Area *Tentative Total

(sq.km) Parcels Parcels Per
Package
Khanewal 4,289.38 1,318,676
Multan Multan 3,685.74 1,230,642 3,679,311
Vehari 4,378.99 1,129,993

* The bidders shall quote the unit price for parcels in Section IV (Bidding Forms)-
Activity Schedule Table. The actual number of parcels to be digitized will be determined
during the work.

** The bidders shall quote the unit price (per page) for scanning the missing and
substandard mussavi maps in Section IV (Bidding Forms)-Activity Schedule Table. The
actual number of mussavi maps to be scanned will be determined during the work. The
required work shall be carried out if so desired by PULSE.

3. Following is the list of milestones, the required deliverables, tentative submission dates
of deliverables and the percentage of amount payable for Multan Division:

Milestone Deliverable Deliverable Percentage of Payment

Submission Payment Date
(days/months of Total (Weeks)
after Date of Contract
Signing Price
of Contract)
Work The implementation 2% Within fifteen
Implementa 15 days plan will consist of (15) days.
tion timelines for geo-
Plan referencing of mussavi
maps, development of
vector datasets (based
on mussavi maps),
development of web
application / dashboard
Section VII – Activity Schedule 70

for monitoring
progress, human
resource engagement
plan, risk management
plan and resource
utilization against each
activity.
Preparation Deliverables =
of 100 %
completed Submission of 100 % completed data sets as per
data sets as specification mentioned in Section VII - Activity Schedule.
per 7.5 months (= % age of parcel in total parcel maps of each district.)
specificatio
n mentioned Percentage of Payment of Total Contract Price=
in Section
VII - Invoices can be generated after completion of 20% of work
Activity for each tehsil.
Schedule
(100 % of After completion of 80% of the work of concerned district,
Total the invoices can be generated for the work done.
Contract)
Payments =

Within 04 Weeks after date of receiving of each invoice

subject to the certification by the employer that the
deliverable is satisfactory and within six (06) weeks in the
case of the final payment.
Section VII – Activity Schedule 71

Performance Specifications and Drawings

(Describe Outputs and Performances, rather than Inputs, wherever possible)

Specifications

Mouza Parcel Mapping

Area of Interest (AoI)
The assignment will cover the one (01) Divisions of Punjab (, Multan) having three (03) districts.

Specifications
I. Massavi (Raster)
a. Precisely geo-referenced by using the Universal Transverse Mercator projection
system, should be aligned with satellite/drone image (to be provided by the
PULSE) and vector dataset at 1:1000 scale.
b. Individually updated geo-referenced massavi maps will be saved:
i. As collar clipped
ii. In JP2000 format, 200DPI
iii. By maintaining below folder levels:
“District ID_District Name>Tehsil ID_Tehsil Name>QH ID_QH
Name>PC ID_PC Name>Mouza ID_Mouza Name>Raster>[Individual
Massavi Maps]”
iv. Naming convention for individual Massavi map:
“Mouza ID_Mouza Name_Massavi Name”
v. Index map (if available) will be placed as it is and follow the following
naming convention to rename it:
“Mouza ID_Mouza Name_Index”
c. Cropped mosaic massavi map datasets of each mouza will be saved as per actual
mouza boundary:
i. Mouza level (Null background values (RGB-000)
• In JP2000 format
• Following folder hierarchy will be used for saving the information:
“District ID_District Name>Tehsil ID_Tehsil Name>QH ID_QH
Name>PC ID_PC Name>Mouza ID_Mouza
Name>Raster>[Mosaic Mouza Map]”
• Use the below naming convention:
“MOUZA ID_MOUZA NAME_MOSAIC”
ii. District/Tehsil level (Null background values (RGB-000)
Section VII – Activity Schedule 72

•Following folder hierarchy will be used for saving the information:

“District ID_District Name” (For District Level Data)
• “Tehsil ID_Tehsil Name” (For Tehsil Level Data)
• JP2000 format
• Raster catalog (managed)
II. Vector Datasets (based on Massavi maps)
a. Map scale 1:1000 will be followed for digitization of all features.
b. Projected at UTM, corresponding to respective Zone. Customized projection
system will be provided by the service provider for the development of vector data.
c. Must be digitized at actual scale, verifiable by "Measure” tool in ArcGIS software.
d. Free from unnecessary duplication of vector records at any level.
e. Devoid of extraneous fields within the schema at any hierarchical level.
f. The language used for schema data entry will be English.
g. Ensure consistent and standardized spelling across all datasets within the schema
for uniformity.
h. All datasets must be synchronized with one another, as well as with satellite/drone
image features and georeferenced Massavi maps, at the specified scale mentioned
earlier.
i. Geodatabase, maintaining:
i. Individual files at Mouza level with following folder hierarchy:
“District ID_District Name >Tehsil ID_Tehsil Name >QH ID_QH Name
>PC ID_PC Name > Mouza ID_Mouza Name>Vector>[Individual Vector
Files]”
ii. Consolidated at the District level
• With following folder hierarchy:
“District ID_District Name>Consolidated>[Files]”
• File Name:
District ID_District Name>[File Name]
j. The vendor will be responsible for the delivery of up-to-date datasets, integrated
with “Arazi” records managed by Punjab Land Record Authority (PLRA).
k. Layers to digitize:
i. Murabba grid (polygon), if Murabba-bandi
• File Name:
o Mouza ID_Mouza Name_Murabba
• With following attributes:
o District
[Type: Text, Length = 50]
o Dist_ID
[Type: Long Integer]
o Tehsil
[Type: Text, Length = 50]
o Tehsil_ID
[Type: Long Integer]
Section VII – Activity Schedule 73

o Mouza
[Type: Text, Length = 50]
o Mouza_ID
[Type: Long Integer]
o M (Hint: Murabba)
[Type: Short Integer]
ii. Acre grid (polygon), if Murabba-bandi
• File Name:
o Mouza ID_Mouza Name_Acre
• With following attributes:
o District
[Type: Text, Length = 50]
o Dist_ID
[Type: Long Integer]
o Tehsil
[Type: Text, Length = 50]
o Tehsil_ID
[Type: Long Integer]
o Mouza
[Type: Text, Length = 50]
o Mouza_ID
[Type: Long Integer]
o M (Hint: Murabba)
[Type: Short Integer]
o A (Hint: Acre)
[Type: Short Integer]
iii. Khasra (polygon)
• File Name:
o Mouza ID_Mouza Name_Khasra
• With following attributes:
o District
[Type: Text, Length = 50]
o Dist_ID
[Type: Long Integer]
o Tehsil
[Type: Text, Length = 50]
o Tehsil_ID
[Type: Long Integer]
o QH
[Type: Text, Length = 50]
o QH_ID
[Type: Long Integer]
o PC [Type: Text, Length = 50]
Section VII – Activity Schedule 74

o PC_ID
[Type: Long Integer]
o Mouza
[Type: Text, Length = 50]
o Mouza_ID
[Type: Long Integer]
o Type (Hint: As mentioned on Massavi/Index map or
through understanding (if legend not available), use
standard spellings in whole datasets)
[Type: Text, Length = 50]
o M (Hint: Murabba)
[Type: Short Integer]
o A (Hint: Acre)
[Type: Short Integer]
o K (Hint: Khasra)
[Type: Short Integer]
o SK (Hint: Sub-Khasra)
[Type: Text, Length = 20]
o Label (Hint: Murabba+Acre+khasra+Sub-Khasra)
[Type: Text, Length = 25]
o Karam (Hint: 5ft/5.5ft) [Type: Double]
o MK (Hint: Murabba-bandi/Kishtwari)
[Type: Text, Length = 25]
iv. Khasra Dimensions in Karam (line),
• File Name:
o Mouza ID_Mouza Name_Khasra Dimensions
• Individual dimension is to be demarcated by using 2 vertices only,
avoiding unnecessary vertices/clicks.
• With following attributes:
o Label (Hint: Length in Karam, system generated)
[Type: Double]
o Label_1 (Hint: Length in Karam, as per Massavi map/Field
Book, In-case: system generated measurement is not same
as mentioned on massavi).
[Type: Double]
v. Tri-junctions and Burji (point)
• File Name:
o Mouza ID_Mouza Name_TJ
• With following attributes:
o M1 (Hint: Mouza Name 1, enter clockwise)
[Type: Text, Length = 50]
o M1_ID
[Type: Long Integer]
Section VII – Activity Schedule 75

o M2 (Hint: Mouza Name 2, enter clockwise)

[Type: Text, Length = 50]
o M2_ID
[Type: Long Integer]
o M3 (Hint: Mouza Name 3, enter clockwise)
[Type: Text, Length = 50]
o M3_ID [Type: Long Integer]
o Type (Hint: “TJ” for Tri-Junction and “B” for Burji Point)
[Type: Text, Length = 50]
vi. Corners (point)
• File Name:
o Mouza ID_Mouza Name_Corners
• With the following attributes:
o Lat (Hint: Geographic Coordinates, DD)
[Type: Double]
o Long (Hint: Geographic Coordinates, DD)
[Type: Double]
o Type (Hint: “M” for Murabba and “A” for Acre)
[Type: Text, Length = 10]
vii. Mouza Boundary (polygon)
• File Name:
o Mouza ID_Mouza Name_Mouza
• With the following attributes:
o District
[Type: Text, Length = 50]
o Dist_ID
[Type: Long Integer]
o Tehsil
[Type: Text, Length = 50]
o Tehsil_ID
[Type: Long Integer]
o QH
[Type: Text, Length = 50]
o QH_ID
[Type: Long Integer]
o PC
[Type: Text, Length = 50]
o PC_ID
[Type: Long Integer]
o Mouza
[Type: Text, Length = 50]
o Mouza_ID
[Type: Long Integer]
Section VII – Activity Schedule 76

l. All parcels/boundaries at District/Tehsil/QH/PC/Mouza level should be

cleaned/adjusted with adjacent District/Tehsil/QH/PC/Mouza.
III. Scanning of missing massavi maps
a. The vendor will perform scanning for massavi maps (later-found) that are either
missing or below the specified standards, as needed.
b. Highlighted missing massavi maps will be provided to the vendor by the
Employer.
c. Unit rate per massavi map will be quoted by the vendor during the bid as well.
IV. Web application/dashboard for monitoring progress review (To be developed by the
Service Provider)
a. Integration with tabular information with GIS datasets, providing a holistic view of
the project's status.
b. Capable of:
i. User management.
ii. Datasets management.
iii. The web application/dashboard will incorporate advanced filtering
capabilities, allowing users to efficiently access and analyze information
from different tiers based on specific criteria.

Submission
I. The service provider(s) will submit its complete work plan in 15 days after the issuance
the of work order.
II. Online dashboard provision for live monitoring of data being developed within 4 weeks
right after the issuance the of work order.
III. The service provider(s) will submit all datasets as per above defined standards:
a. Geo-referenced raster Massavi maps
i. Collar clipped individual (JP2000)
ii. Cropped mosaic
• Mouza level (JP2000)
• District level (raster catalog, managed)
iii. Geo-referenced field updated maps/sheets/layout
b. Mouza and District level updated vector datasets:
i. Murabba Grid
ii. Acre Grid
iii. Khasra
iv. Khasra Dimensions
v. TJ Points
vi. Corner/Burji Points
vii. Mouza Boundary
c. District level updated vector datasets:
i. Murabba Grid
ii. Acre Grid
iii. Khasra
Section VII – Activity Schedule 77

iv. Khasra Dimensions

v. TJ
vi. Corners
vii. Mouza Boundary
viii. PC Boundary
ix. QH Boundary
x. Tehsil Boundary
xi. District Boundary
Note:
I. The service provider(s) will be
a. Required to submit an initial Patwar Circle (PC) as evidence of meeting the
standards and to proceed further along with survey record integration.
b. Responsible for submission of all final outputs/datasets/deliverables on SSD (not
less than 1TB volume) portable hard drive(s).
II. The firm will conduct a thorough analysis to identify any instances of uncovered or excess
land by meticulously superimposing the massavi maps or layouts onto the satellite/drone
images provided by the Employer.
III. The provided datasets should be seamlessly integrated with adjacent datasets from
neighboring districts to ensure a consistent and coherent geospatial representation.
IV. The outputs/datasets/deliverables will be reviewed by the project technical experts prior to
their acceptance at any stage.
V. Comprehensive training session will be provided by the service provider to the Employer
regarding data development and surveying after the contract signing.
VI. The sample PC should be completed by all means. It should include survey data integration.
Section VII – Activity Schedule 78

Part III – Conditions of Contract and

Contract Forms
Section VIII – General Conditions of Contract 79

Section VIII - General Conditions of Contract

Table of Clauses

A. General Provisions ...........................................................................................................81

1.1 Definitions........................................................................................................81
1.2 Applicable Law ................................................................................................83
1.3 Language ..........................................................................................................83
1.4 Notices .............................................................................................................83
1.5 Location ...........................................................................................................83
1.6 Authorized Representatives .............................................................................83
1.7 Inspection and Audit by the Bank....................................................................84
1.8 Taxes and Duties..............................................................................................84

2. Commencement, Completion, Modification, and Termination of Contract ...............84

2.1 Effectiveness of Contract .................................................................................84
2.3 Intended Completion Date ...............................................................................84
2.4 Modification.....................................................................................................85
2.5 Force Majeure ..................................................................................................86
2.6 Termination......................................................................................................87

3. Obligations of the Service Provider.................................................................................88

3.1 General .............................................................................................................88
3.2 Conflict of Interests..........................................................................................89
3.3 Confidentiality .................................................................................................90
3.4 Insurance to be Taken Out by the Service Provider.........................................90
3.5 Service Provider’s Actions Requiring Employer’s Prior Approval .................90
3.6 Reporting Obligations ......................................................................................91
3.7 Documents Prepared by the Service Provider to Be the Property of the
Employer..........................................................................................................91
3.8 Liquidated Damages ........................................................................................92
3.9 Performance Security.......................................................................................92
3.10 Fraud and Corruption .......................................................................................92
Section VIII – General Conditions of Contract 80

3.11 Sustainable Procurement ..................................................................................93

3.12 Code of Conduct ..............................................................................................93
3.13 Training of Service Provider’s Personnel ........................................................93
3.14 Security of the Site...........................................................................................94
3.15 Protection of the Environment .........................................................................94
3.16 Cultural Heritage Findings ...............................................................................95

4. Service Provider’s Personnel ...........................................................................................95

4.1 Description of Personnel ..................................................................................95
4.2 Removal and/or Replacement of Personnel .....................................................95
4.3 Service Provider’s Personnel ...........................................................................96

5. Obligations of the Employer ..........................................................................................100

5.1 Assistance and Exemptions............................................................................100
5.2 Change in the Applicable Law.......................................................................100
5.3 Services and Facilities....................................................................................100

6. Payments to the Service Provider ..................................................................................100

6.1 Lump-Sum Remuneration..............................................................................100
6.2 Contract Price.................................................................................................100
6.3 Payment for Additional Services, and Performance Incentive
Compensation ................................................................................................100
6.4 Terms and Conditions of Payment .................................................................101
6.5 Interest on Delayed Payments ........................................................................101
6.6 Price Adjustment ............................................................................................101
6.7 Dayworks .......................................................................................................102

7. Quality Control ...............................................................................................................102

7.1 Identifying Defects.........................................................................................102
7.2 Correction of Defects, and .............................................................................102

8. Settlement of Disputes ....................................................................................................103

8.1 Amicable Settlement ......................................................................................103
8.2 Dispute Settlement .........................................................................................103
Section VIII – General Conditions of Contract 81

Section VIII - General Conditions of Contract

A. General Provisions

1.1 Definitions Unless the context otherwise requires, the following terms whenever
used in this Contract have the following meanings:

(a) The Adjudicator is the person appointed jointly by the Employer

and the Service Provider to resolve disputes in the first instance,
as provided for in Sub-Clause 8.2 hereunder;

(b) “Activity Schedule” is the priced and completed list of items of

Services to be performed by the Service Provider forming part
of his Bid;
(c) “Bank” means the International Bank for Reconstruction and
Development, Washington, D.C., U.S.A.;

(c) “Association” means the International Development

Association, Washington, D.C., U.S.A.;

(d) “Completion Date” means the date of completion of the Services

by the Service Provider as certified by the Employer;
(e) “Contract” means the Contract signed by the Parties, to which
these General Conditions of Contract (GCC) are attached,
together with all the documents listed in Clause 1 of the Contract
Agreement;

(f) “Contract Price” means the price to be paid for the performance
of the Services, in accordance with Clause 6;

(g) “Dayworks” means varied work inputs subject to payment on a

time basis for the Service Provider’s employees and equipment,
in addition to payments for associated materials and
administration;
(h) “Employer” means the party who employs the Service Provider;

(i) “Employer’s Personnel” means all staff, labor and other

employees of the Employer engaged in fulfilling the Employer’s
obligations under the Contract; and any other personnel
identified as Employer’s Personnel, by a notice from the
Employer to the Service provider;

(j) “ES” means Environmental and Social, as applicable, (including

Sexual Exploitation and Abuse (SEA), and Sexual Harassment
(SH));
Section VIII – General Conditions of Contract 82

(k) “Foreign Currency” means any currency other than the currency
of the country of the Employer;
(l) “GCC” means these General Conditions of Contract;

(m) “Government” means the Government of the Employer’s

Country;

(n) “Local Currency” means the currency of the country of the

Employer;
(o) “Member,” in case the Service Provider consist of a joint venture
of more than one entity, means any of these entities; “Members”
means all these entities, and “Member in Charge” means the
entity specified in the SC to act on their behalf in exercising all
the Service Provider’ rights and obligations towards the
Employer under this Contract;

(p) “Party” means the Employer or the Service Provider, as the case
may be, and “Parties” means both of them;
(q) “Service Provider” is a person or corporate body whose Bid to
provide the Services has been accepted by the Employer;
(r) “Service Provider’s Personnel” means all personnel whom the
Service Provider utilizes in the execution of the Services,
including the staff, labor and other employees of the Service
Provider and each Subcontractor; and any other personnel
assisting the Service Provider in the execution of the Services;

(s) “SCC” means the Special Conditions of Contract by which the

GCC may be amended or supplemented;

(t) “Specifications” means the specifications of the Services

included in the Contract, and any additions and modifications to
the specifications in accordance with the Contract;
(u) “Services” means the work to be performed by the Service
Provider pursuant to the Contract;

(v) “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;
Section VIII – General Conditions of Contract 83

Sexual Abuse is defined as the actual or threatened physical

intrusion of a sexual nature, whether by force or under unequal
or coercive conditions;
(w) “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 Service Provider’s
Personnel with other Service Provider’s Personnel or
Employer’s Personnel;
(x) “Subcontractor” means any entity to which the Service
Provider subcontracts any part of the Services in accordance
with the provisions of Sub-Clauses 3.5 and 4.

1.2 Applicable Law The Contract shall be interpreted in accordance with the laws of the
Employer’s Country, unless otherwise specified in the Special
Conditions of Contract (SCC).
1.3 Language This Contract has been executed in the language specified in the
SCC, which shall be the binding and controlling language for all
matters relating to the meaning or interpretation of this Contract.

1.4 Notices Any notice, request, or consent made pursuant to this Contract shall
be in writing and shall be deemed to have been made when delivered
in person to an authorized representative of the Party to whom the
communication is addressed, or when sent by registered mail, telex,
telegram, or facsimile to such Party at the address specified in the
SCC.

1.5 Location The Services shall be performed at such locations as are specified in
Appendix A, in the Specifications and, where the location of a
particular task is not so specified, at such locations, whether in the
Government’s country or elsewhere, as the Employer may approve.
1.6 Authorized Any action required or permitted to be taken, and any document
Representatives required or permitted to be executed, under this Contract by the
Employer or the Service Provider may be taken or executed by the
officials specified in the SCC.
Section VIII – General Conditions of Contract 84

1.7 Inspection and Pursuant to paragraph 2.2 e. of Attachment 1 to the General

Audit by the Conditions, the Service Provider shall permit and shall cause its agents
Bank (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
Service Provider’s and its Subcontractors’ and subconsultants’
attention is drawn to Sub-Clause 3.10 (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).

1.8 Taxes and The Service Provider, Subcontractors, and their Personnel shall pay
Duties such taxes, duties, fees, and other impositions as may be levied under
the Applicable Law, the amount of which is deemed to have been
included in the Contract Price.

2. Commencement, Completion, Modification, and Termination of Contract

2.1 Effectiveness of This Contract shall come into effect on the date the Contract is
Contract signed by both parties or such other later date as may be stated in
the SCC.

2.2 Commencement
of Services
2.2.1 Program Before commencement of the Services, the Service Provider shall
submit to the Employer for approval a Program showing the general
methods, arrangements, order and timing for all activities. Such
submission to the Employer shall include any applicable
environmental and social management plan to manage
environmental and social risks and impacts.

The Services shall be carried out in accordance with the approved

Program as updated.
2.2.2 Starting The Service Provider shall start carrying out the Services thirty (30)
Date days after the date the Contract becomes effective, or at such other
date as may be specified in the SCC.

2.3 Intended Unless terminated earlier pursuant to Sub-Clause 2.6, the Service
Completion Date Provider shall complete the activities by the Intended Completion
Date, as is specified in the SCC. If the Service Provider does not
Section VIII – General Conditions of Contract 85

complete the activities by the Intended Completion Date, it shall be

liable to pay liquidated damage as per Sub-Clause 3.8. In this case,
the Completion Date will be the date of completion of all activities.

2.4 Modification Modification of the terms and conditions of this Contract, including
any modification of the scope of the Services or of the Contract
Price, may only be made by written agreement between the Parties
and shall not be effective until the consent of the Bank or of the
Association, as the case may be, has been obtained.
2.4.1 Value The Service Provider may prepare, at its own cost, a value
Engineering engineering proposal at any time during the performance of the
contract. The value engineering proposal shall, at a minimum,
include the following;

(a) the proposed change(s), and a description of the difference

to the existing contract requirements;

(b) a full cost/benefit analysis of the proposed change(s)

including a description and estimate of costs (including life
cycle costs, if applicable) the Employer may incur in
implementing the value engineering proposal; and

(c) a description of any effect(s) of the change on

performance/functionality.

The Employer may accept the value engineering proposal if the

proposal demonstrates benefits that:

(a) accelerates the delivery period; or

(b) reduces the Contract Price or the life cycle costs to the
Employer; or

(c) improves the quality, efficiency, safety or sustainability of

the services; or

(d) yields any other benefits to the Employer,

without compromising the necessary functions of the Services.

If the value engineering proposal is approved by the Employer and

results in:
Section VIII – General Conditions of Contract 86

(a) a reduction of the Contract Price; the amount to be paid to

the Service Provider shall be the percentage specified in the
SCC of the reduction in the Contract Price; or

(b) an increase in the Contract Price; but results in a reduction

in life cycle costs due to any benefit described in (a) to (d)
above, the amount to be paid to the Service Provider shall
be the full increase in the Contract Price.
2.5 Force Majeure

2.5.1 Definition For the purposes of this Contract, “Force Majeure” means an event
which is beyond the reasonable control of a Party and which makes
a Party’s performance of its obligations under the Contract
impossible or so impractical as to be considered impossible under
the circumstances.

2.5.2 No Breach The failure of a Party to fulfill any of its obligations under the
of Contract contract shall not be considered to be a breach of, or default under,
this Contract insofar as such inability arises from an event of Force
Majeure, provided that the Party affected by such an event (a) has
taken all reasonable precautions, due care and reasonable alternative
measures in order to carry out the terms and conditions of this
Contract, and (b) has informed the other Party as soon as possible
about the occurrence of such an event.

2.5.3 Extension of Any period within which a Party shall, pursuant to this Contract,
Time complete any action or task, shall be extended for a period equal to
the time during which such Party was unable to perform such action
as a result of Force Majeure.
2.5.4 Payments During the period of their inability to perform the Services as a result
of an event of Force Majeure, the Service Provider shall be entitled
to continue to be paid under the terms of this Contract, as well as to
be reimbursed for additional costs reasonably and necessarily
incurred by them during such period for the purposes of the Services
and in reactivating the Service after the end of such period.
Section VIII – General Conditions of Contract 87

2.6 Termination

2.6.1 By the The Employer may terminate this Contract, by not less than thirty
Employer (30) days’ written notice of termination to the Service Provider, to
be given after the occurrence of any of the events specified in
paragraphs (a) through (d) of this Sub-Clause 2.6.1:

(a) if the Service Provider does not remedy a failure in the

performance of its obligations under the Contract, within thirty
(30) days after being notified or within any further period as
the Employer may have subsequently approved in writing;
(b) if the Service Provider become insolvent or bankrupt;

(c) if, as the result of Force Majeure, the Service Provider is

unable to perform a material portion of the Services for a
period of not less than sixty (60) days; or

(d) if the Service Provider, in the judgment of the Employer has

engaged in Fraud and Corruption, as defined in paragraph 2.2
a. of Attachment 1 to the GCC, in competing for or in
executing the Contract
2.6.2 By the The Service Provider may terminate this Contract, by not less than
Service thirty (30) days’ written notice to the Employer, such notice to be
Provider given after the occurrence of any of the events specified in
paragraphs (a) and (b) of this Sub-Clause 2.6.2:

(a) if the Employer fails to pay any monies due to the Service
Provider pursuant to this Contract and not subject to dispute
pursuant to Clause 7 within forty-five (45) days after receiving
written notice from the Service Provider that such payment is
overdue; or

(b) if, as the result of Force Majeure, the Service Provider is

unable to perform a material portion of the Services for a
period of not less than sixty (60) days.
2.6.3 Suspension In the event that the World Bank suspends the loan or Credit to the
of Loan or Employer, from which part of the payments to the Service Provider
Credit are being made:

(a) The Employer is obligated to notify the Service Provider of

such suspension within 7 days of having received the World
Bank’s suspension notice.

(b) If the Service Provider has not received sums due to by the due
date stated in the SCC in accordance with Sub-Clause 6.5 the
Section VIII – General Conditions of Contract 88

Service Provider may immediately issue a 14 day termination

notice.

2.6.4 Payment Upon termination of this Contract pursuant to Sub-Clauses 2.6.1 or

upon 2.6.2, the Employer shall make the following payments to the
Termination Service Provider:
(a) remuneration pursuant to Clause 6 for Services satisfactorily
performed prior to the effective date of termination;

(b) except in the case of termination pursuant to paragraphs (a),

(b), (d) of Sub-Clause 2.6.1, reimbursement of any reasonable
cost incident to the prompt and orderly termination of the
Contract, including the cost of the return travel of the Service
Provider’s Personnel.

3. Obligations of the Service Provider

3.1 General The Service Provider shall perform the Services in accordance
with the Specifications and the Activity Schedule, and carry out
its obligations with all due diligence, efficiency, and economy, in
accordance with generally accepted professional techniques and
practices, and shall observe sound management practices, and
employ appropriate advanced technology and safe methods.

The Service Provider shall at all times take all reasonable

precautions to maintain the health and safety of the Service
Provider’s Personnel employed for the execution of Services at
the locations in the Employer’s country where the Services are
executed.
If required in the SCC, the Service Provider shall submit to the
Employer for its approval a health and safety manual which has
been specifically prepared for the Contract.
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 any applicable health
and safety requirement under the Contract,
(a) which may include:
(i) the procedures to establish and maintain a safe
working environment;
(ii) the procedures for prevention, preparedness and
response activities to be implemented in the case
of an emergency event (i.e. an unanticipated
Section VIII – General Conditions of Contract 89

incident, arising from natural or man-made

hazards);
(iii) 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,
(iv) the measures to be implemented to avoid or
minimize the spread of communicable diseases;
and
(b) any other requirements stated in the Employer’s
Requirements.
The Service Provider shall always act, in respect of any matter
relating to this Contract or to the Services, as faithful adviser to
the Employer, and shall at all times support and safeguard the
Employer’s legitimate interests in any dealings with
Subcontractors or third parties.

The Service Provider shall require that its Subcontractors execute

the Services in accordance with the Contract, including
complying with applicable ES requirements and the obligations
set out in GCC Sub-Clause 3.12.
3.2 Conflict of
Interests
3.2.1 Service The remuneration of the Service Provider pursuant to Clause 6
Provider Not shall constitute the Service Provider’s sole remuneration in
to Benefit connection with this Contract or the Services, and the Service
from Provider shall not accept for their own benefit any trade
Commissions commission, discount, or similar payment in connection with
and Discounts. activities pursuant to this Contract or to the Services or in the
discharge of their obligations under the Contract, and the Service
Provider shall use their best efforts to ensure that the Service
Provider’s Personnel, any Subcontractors, and agents of either of
them similarly shall not receive any such additional
remuneration.

3.2.2 Service The Service Provider agree that, during the term of this Contract
Provider and and after its termination, the Service Provider and its affiliates,
Affiliates Not as well as any Subcontractor and any of its affiliates, shall be
to be disqualified from providing goods, works, or Services (other than
Otherwise the Services and any continuation thereof) for any project
Interested in resulting from or closely related to the Services.
Project
Section VIII – General Conditions of Contract 90

3.2.3 Prohibition of Neither the Service Provider nor its Subcontractors nor the
Conflicting Personnel shall engage, either directly or indirectly, in any
Activities business or professional activity that would conflict with the
activities assigned to them under this Contract. The Service
provider has an obligation and shall ensure that its Service
Provider’s Personnel and Sub-consultants shall have an
obligation to disclose any situation of actual or potential conflict
that impacts their capacity to serve the best interest of the
Employer, or that may reasonably be perceived as having this
effect. Failure to disclose said situations may lead to the
disqualification of the Consultant or the termination of its
Contract.

3.3 Confidentiality The Service Provider, its Subcontractors, and the Personnel of
either of them shall not, either during the term or within two (2)
years after the expiration of this Contract, disclose any
proprietary or confidential information relating to the Project, the
Services, this Contract, or the Employer’s business or operations
without the prior written consent of the Employer.
3.4 Insurance to be The Service Provider (a) shall take out and maintain, and shall
Taken Out by the cause any Subcontractors to take out and maintain, at its (or the
Service Provider Subcontractors’, as the case may be) own cost but on terms and
conditions approved by the Employer, insurance against the
risks, and for the coverage, as shall be specified in the SCC; and
(b) at the Employer’s request, shall provide evidence to the
Employer showing that such insurance has been taken out and
maintained and that the current premiums have been paid.

3.5 Service Provider’s The Service Provider shall obtain the Employer’s prior approval
Actions Requiring in writing before taking any of the following actions:
Employer’s Prior
Approval (a) entering into a subcontract for the performance of any part
of the Services,
(b) appointing such members of the Personnel not listed by
name in Appendix C (“Key Personnel and
Subcontractors”),

(c) changing the Program of activities; and

(d) any other action that may be specified in the SCC.

Submission by the Contractor for the Employer’s approval, for
addition of any Subcontractor not named in the Contract, shall
also include the Subcontractor’s declaration in accordance with
Appendix I- Sexual exploitation and Abuse (SEA) and/or Sexual
Harassment (SH) Performance Declaration.
Section VIII – General Conditions of Contract 91

3.6 Reporting The Service Provider shall submit to the Employer the reports
Obligations and documents specified in Appendix B in the form, in the
numbers, and within the periods set forth in the said Appendix.

If specified in Appendix B, the reporting requirements shall

include applicable environmental and social aspects.
The Service Provider shall inform the Employer immediately of
any allegation, incident or accident in the locations in the
Employer’s country where the Services are executed, which has
or is likely to have a significant adverse effect on the
environment, the affected communities, the public, Employer’s
Personnel or Service Provider’s Personnel. This includes, but is
not limited to, any incident or accident causing fatality or serious
injury; significant adverse effects or damage to private property;
or any allegation of SEA and/or SH. In case of SEA and/or SH,
while maintaining confidentiality as appropriate, the type of
allegation (sexual exploitation, sexual abuse or sexual
harassment), gender and age of the person who experienced the
alleged incident should be included in the information.
The Service Provider, upon becoming aware of the allegation,
incident or accident, shall also immediately inform the Employer
of any such incident or accident on the Subcontractors’ or
suppliers’ premises relating to the Services which has or is likely
to have a significant adverse effect on the environment, the
affected communities, the public, Employer’s Personnel or
Service Provider’s, its Subcontractors’ and suppliers’ Personnel.
The notification shall provide sufficient detail regarding such
incidents or accidents. The Service provider shall provide full
details of such incidents or accidents to the Employer within the
timeframe agreed with the Employer.
The Service Provider shall require its Subcontractors and
suppliers to immediately notify the Service Provider of any
incidents or accidents referred to in this Sub- Clause.
3.7 Documents All plans, drawings, specifications, designs, reports, and other
Prepared by the documents and software submitted by the Service Provider in
Service Provider to accordance with Sub-Clause 3.6 shall become and remain the
Be the Property of property of the Employer, and the Service Provider shall, not
the Employer later than upon termination or expiration of this Contract, deliver
all such documents and software to the Employer, together with
a detailed inventory thereof. The Service Provider may retain a
copy of such documents and software. Restrictions about the
future use of these documents, if any, shall be specified in the
SCC.
Section VIII – General Conditions of Contract 92

3.8 Liquidated
Damages

3.8.1 Payments of The Service Provider shall pay liquidated damages to the
Liquidated Employer at the rate per day stated in the SCC for each day that
Damages the Completion Date is later than the Intended Completion Date.
The total amount of liquidated damages shall not exceed the
amount defined in the SCC. The Employer may deduct
liquidated damages from payments due to the Service Provider.
Payment of liquidated damages shall not affect the Service
Provider’s liabilities.

3.8.2 Correction If the Intended Completion Date is extended after liquidated

for Over- damages have been paid, the Employer shall correct any
payment overpayment of liquidated damages by the Service Provider by
adjusting the next payment certificate. The Service Provider
shall be paid interest on the overpayment, calculated from the
date of payment to the date of repayment, at the rates specified in
Sub-Clause 6.5.
3.8.3 Lack of If the Service Provider has not corrected a Defect within the time
performance specified in the Employer’s notice, a penalty for Lack of
penalty performance will be paid by the Service Provider. The amount to
be paid will be calculated as a percentage of the cost of having
the Defect corrected, assessed as described in Sub-Clause 7.2 and
specified in the SCC.

3.9 Performance If required as specified in the SCC, the Service Provider shall
Security provide to the Employer a Performance Security for the
performance of the Contract, in the amount specified in the SCC
and no later than the date specified in the Letter of acceptance.

As specified in the SCC, the Performance Security, if required,

shall be denominated in the currency(ies) of the Contract, or in a
freely convertible currency acceptable to the Employer; and shall
be in one of the format stipulated by the Employer in the SCC,
or in another format acceptable to the Employer.
The performance Security shall be valid until a date 28 days from
the Completion Date of the Contract in case of a bank guarantee,
and until one year from the Completion Date of the Contract in
the case of a Performance Bond.

3.10 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
the Attachment 1 to the GCC.
Section VIII – General Conditions of Contract 93

The Employer requires the Service Provider 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.

3.11 Sustainable The Service Provider shall conform to the sustainable

Procurement procurement contractual provisions, if and as specified in the
SCC.
3.12 Code of
The Service Provider shall have a Code of Conduct for the
Conduct Service Provider’s Personnel employed for the execution of the
Services at the locations in the Employer’s country where the
Services are provided.
The Service Provider shall take all necessary measures to ensure
that each Service Provider’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 Service Provider’s
Personnel and seeking to obtain that person’s signature
acknowledging receipt of such instructions and/or
documentation, as appropriate.
The Service Provider shall also ensure, as applicable, that the
Code of Conduct is visibly displayed in locations in the
Employer’s country where the Services are executed as well as
in areas outside the locations accessible to the local community
and any project affected people. The posted Code of Conduct
shall be provided in languages comprehensible to Service
Provider’s Personnel, Employer’s Personnel and the local
community.
The Service Provider’s Management Strategy and
Implementation Plans, as applicable, shall include appropriate
processes for the Service Provider to verify compliance with
these obligations.
3.13 Training of
The Service Provider shall provide appropriate training to its
Service Provider’s relevant personnel on any applicable ES aspects of the Contract,
Personnel
including appropriate sensitization on prohibition of SEA/SH.
As stated in the Employer’s Requirements or as instructed by the
Employer, the Service Provider shall also allow appropriate
opportunities for the relevant Service Provider’s Personnel to be
Section VIII – General Conditions of Contract 94

trainedon applicable ES aspects of the Contract by the

Employer’s Personnel and/or other personnel assigned by the
Employer.
The Service Provider shall provide training on SEA and SH,
including its prevention, to any of its personnel who has a role to
supervise other Service Provider’s Personnel.

3.14 Security of the Unless stated otherwise in the SCC, the Service Provider shall
Site be responsible for the security at the locations in the Employer’s
country where the services are carried out including providing
and maintaining at its own expense all lighting, fencing, and
watching when and where necessary for the proper execution and
the protection of the locations, or for the safety of the owners and
occupiers of adjacent property and for the safety of the public.
If required in the SCC, prior to the Starting Date for the
commencement of Services, the Service Provider shall submit for
the Employer’s No-objection a security management plan that
sets the security arrangements for the locations in the Employer’s
country where the Services are executed.
In making security arrangements, the Service Provider shall be
guided by applicable laws and any other requirements that may
be stated in the Employer’s Requirements.
The Service Provider 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 the Service
Provider’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
Employer’s Reqquirements.
The Service Provider 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.
3.15 Protection of As applicable, the Service Provider shall take all necessary
the Environment measures to:
i. protect the environment (both on and off the locations
where the Services are executed) from damages
resulting from its operations/and or activities; and
Section VIII – General Conditions of Contract 95

ii. limit damage and nuisance to people and property

resulting from pollution, noise and other results of the
Service Provider’s operations and/ or activities.
The Service Provider shall ensure that any emissions, surface
discharges, effluent and any other pollutants from the its
activities shall exceed neither the values that may be indicated in
the Employer’s Requirements, nor those prescribed by applicable
laws.
In the event of damage to the environment, property and/or
nuisance to people, on or off the locations where the Services are
carried out, as a result of the Service Provider’s operations and/or
activities, the Service Provider shall agree with the Employer the
appropriate actions and time scale to remedy, as practicable, the
damaged environment to its former condition. The Service
Provider shall implement such remedies at its cost to the
satisfaction of the Employer.
3.16 Cultural All fossils, coins, articles of value or antiquity, structures, groups
Heritage Findings of structures, and other remains or items of geological,
archaeological, paleontological, historical, architectural,
religious interest found on the locations in the Employer’s
country where the Services are carried out shall be placed under
the care and custody of the Employer.
As soon as practicable after discovery of any such finding, the
Service Provider shall give a notice to the Employer, to give the
Employer the opportunity to promptly inspect and/or investigate
the finding before it is disturbed and to issue instructions for
dealing with it.

4. Service Provider’s Personnel

4.1 Description of The titles, agreed job descriptions, minimum qualifications, and
Personnel estimated periods of engagement in the carrying out of the Services
of the Service Provider’s Key Personnel are described in Appendix
C. The Key Personnel and Subcontractors listed by title as well as
by name in Appendix C are hereby approved by the Employer.
4.2 Removal and/or (a) Except as the Employer may otherwise agree, no changes shall
Replacement of be made in the Key Personnel. If, for any reason beyond the
Personnel reasonable control of the Service Provider, it becomes
necessary to replace any of the Key Personnel, the Service
Provider shall provide as a replacement a person of equivalent
or better qualifications.
Section VIII – General Conditions of Contract 96

(b) The Employer may require the Service Provider to remove

(or cause to be removed) a Service Provider’s Personnel,
who:
(i) persists in any misconduct or lack of care;
(ii) carries out duties incompetently or negligently;
(iii) fails to comply with any provision of the Contract;
(iv) persists in any conduct which is prejudicial to
safety, health, or the protection of the
environment;
(v) based on reasonable evidence, is determined to
have engaged in Fraud and Corruption during the
execution of the Contract;
(vi) has been recruited from the Employer’s Personnel;
(vii) undertakes behavior which breaches the Code of
Conduct (ES), as applicable.
As appropriate, the Service provider shall then promptly
appoint (or cause to be appointed) a suitable replacement with
equivalent skills and experience.
Notwithstanding any requirement from the Employer to
remove or cause to remove any person, the Service provider
shall take immediate action as appropriate in response to any
violation of (i) through (vii) above. Such immediate action
shall include removing (or causing to be removed) from the
locations where the Services are carried out , any Service
Provider’s Personnel who engages in (i), (ii), (iii), (iv), (v) or
(vii) above or has been recruited as stated in (vi) above.

(c) The Service Provider shall have no claim for additional costs
arising out of or incidental to any removal and/or replacement
of Personnel.
4.3 Service Engagement of Service Provider’s Personnel
Provider’s
Personnel The Service Provider shall make arrangements for the engagement of
the Service Provider’s Personnel.
The Service Provider is encouraged, to the extent practicable and
reasonable, to use local labor that has the necessary skills.
Subject to GCC 5.1, the Service Provider shall be responsible for
obtaining all necessary permit(s) and/or visa(s) from the appropriate
authorities for the entry of all personnel to be employed for the
Services into the Employer’s country.
Section VIII – General Conditions of Contract 97

The Service Provider shall at its own expense provide the means of
repatriation to all of its personnel employed for the execution of the
Services to the place where they were recruited or to their domicile.
It shall also provide suitable temporary maintenance of all such
persons from the cessation of their employment on the Contract to
the date programmed for their departure.
Persons in the Service of Employer
The Service Provider shall not recruit, or attempt to recruit, staff and
labor from amongst the Employer’s Personnel.
Labor Laws
The Service provider shall comply with all the relevant labor laws
applicable to the Service Provider’s Personnel, including laws
relating to their employment, health, safety, welfare, immigration and
emigration, and shall allow them all their legal rights.
The Service Provider shall at all times during the progress of the
Contract use its best endeavors to prevent any unlawful, riotous or
disorderly conduct or behavior by or amongst its employees and the
labor of its Subcontractors.
The Service Provider shall, in all dealings with its personnel currently
employed on or connected with the Contract, pay due regard to all
recognized festivals, official holidays, religious or other customs and
all local laws and regulations pertaining to the employment of labor.
Rates of Wages and Conditions of Labor
The Service Provider shall pay rates of wages, and observe conditions
of labor, which are not lower than those established for the trade or
industry where the Service is carried out. If no established rates or
conditions are applicable, the Service Provider shall pay rates of
wages and observe conditions which are not lower than the general
level of wages and conditions observed locally by employers whose
trade or industry is similar to that of the Service Provider.
The Service Provider shall inform the Service Provider’s Personnel
about their liability to pay personal income taxes in the Employer’s
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, and the Service provider shall perform such
duties in regard to such deductions thereof as may be imposed on him
by such laws.
Facilities for Service Provider’s Personnel
If stated in the SCC and subject to GCC Sub-Clause 5.3, the
Service Provider shall provide and maintain all necessary
accommodation and welfare facilities for the Service Provider’s
Section VIII – General Conditions of Contract 98

Personnel employed for the execution of the Contract at the locations

in the Employer’s country where the Services are provided.
In the event of the death of any of the Service Provider’s Personnel
or accompanying members of their families, the Service Provider
shall be responsible for making the appropriate arrangements for their
return or burial, unless otherwise specified in the SCC.
Workers’ Organizations
In countries where the relevant labor laws recognize workers’ rights
to form and to join workers’ organizations of their choosing and to
bargain collectively without interference, the Service Provider shall
comply with such laws. In such circumstances, the role of legally
established workers’ organizations and legitimate workers’
representatives will be respected, and they will be provided with
information needed for meaningful negotiation in a timely manner.
Where the relevant labor laws substantially restrict workers’
organizations, the Service Provider shall enable alternative means for
the service provider’s Personnel to express their grievances and
protect their rights regarding working conditions and terms of
employment. The Service Provider shall not seek to influence or
control these alternative means. The Service Provider shall not
discriminate or retaliate against the Service Provider’s Personnel who
participate, or seek to participate, in such organizations and collective
bargaining or alternative mechanisms. Workers’ organizations are
expected to fairly represent the workers in the workforce.
Non-Discrimination and Equal Opportunity
The Service Provider shall not make decisions relating to the
employment or treatment of Service Provider’s Personnel on the
basis of personal characteristics unrelated to inherent job
requirements. The Service Provider shall base the employment of
Service Provider’s Personnel on the principle of equal opportunity
and fair treatment, and shall not discriminate with respect to any
aspects of the employment relationship, including recruitment and
hiring, compensation (including wages and benefits), working
conditions and terms of employment, access to training, job
assignment, promotion, termination of employment or retirement,
and disciplinary practices.
Special measures of protection or assistance to remedy past
discrimination or selection for a particular job based on the inherent
requirements of the job shall not be deemed discrimination. The
Service Provider 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
Section VIII – General Conditions of Contract 99

workers and children (of working age in accordance with this Sub-
Clause).
Forced Labor
The Service Provider, including its Subcontractors, shall not employ
or engage forced labor. Forced labor consists of any work or service,
not voluntarily performed, that is exacted from an individual under
threat of force or penalty, and includes any kind of involuntary or
compulsory labor, such as indentured labor, bonded labor or similar
labor-contracting arrangements.
No persons shall be employed or engaged who have been subject to
trafficking. Trafficking in persons is defined as the recruitment,
transportation, transfer, 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.
Child Labor
The Service Provider, including its Subcontractors, shall not employ
or engage a child under the age of 14 unless the national law specifies
a higher age (the minimum age).
The Service Provider, 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 Service Provider 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 Service
Provider with the Employer’s consent. The Service Provider shall be
subject to regular monitoring by the Employer that includes
monitoring of health, working conditions and hours of work.
Work considered hazardous for children is work that, by its nature or
the circumstances in which it is carried out, is likely to jeopardize the
health, safety, or morals of children. Such work activities prohibited
for children include work:
(a) with exposure to physical, psychological or sexual
abuse;
(b) underground, underwater, working at heights or in
confined spaces;
Section VIII – General Conditions of Contract 100

(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.

5. Obligations of the Employer

5.1 Assistance and The Employer shall use its best efforts to ensure that the Government
Exemptions shall provide the Service Provider such assistance and exemptions as
specified in the SCC.
5.2 Change in the If, after the date of this Contract, there is any change in the Applicable
Applicable Law with respect to taxes and duties which increases or decreases the
Law cost of the Services rendered by the Service Provider, then the
remuneration and reimbursable expenses otherwise payable to the
Service Provider under this Contract shall be increased or decreased
accordingly by agreement between the Parties, and corresponding
adjustments shall be made to the amounts referred to in Sub-Clauses
6.2 (a) or (b), as the case may be.

5.3 Services and The Employer shall make available to the Service Provider the Services
Facilities and Facilities listed under Appendix F.

6. Payments to the Service Provider

6.1 Lump-Sum The Service Provider’s remuneration shall not exceed the Contract
Remuneration Price and shall be a fixed lump-sum including all Subcontractors’ costs,
and all other costs incurred by the Service Provider in carrying out the
Services described in Appendix A. Except as provided in Sub-Clause
5.2, the Contract Price may only be increased above the amounts stated
in Sub-Clause 6.2 if the Parties have agreed to additional payments in
accordance with Sub-Clauses 2.4 and 6.3.
6.2 Contract Price (a) The price payable in local currency is set forth in the SCC.

(b) The price payable in foreign currency is set forth in the SCC.
6.3 Payment for 6.3.1 For the purpose of determining the remuneration due for
Additional additional Services as may be agreed under Sub-Clause 2.4, a
Services, and
Section VIII – General Conditions of Contract 101

Performance breakdown of the lump-sum price is provided in Appendices D

Incentive and E.
Compensation
6.3.2 If the SCC so specify, the service provider shall be paid
performance incentive compensation as set out in the
Performance Incentive Compensation appendix.
6.4 Terms and Payments will be made to the Service Provider according to the
Conditions of payment schedule stated in the SCC. Unless otherwise stated in the
Payment SCC, the advance payment (Advance for Mobilization, Materials and
Supplies) shall be made against the provision by the Service Provider
of a bank guarantee for the same amount, and shall be valid for the
period stated in the SCC. Any other payment shall be made after the
conditions listed in the SCC for such payment have been met, and the
Service Provider have submitted an invoice to the Employer specifying
the amount due.

6.5 Interest on If the Employer has delayed payments beyond fifteen (15) days after
Delayed the due date stated in the SCC, interest shall be paid to the Service
Payments Provider for each day of delay at the rate stated in the SCC.

6.6 Price 6.6.1 Prices shall be adjusted for fluctuations in the cost of inputs only
Adjustment if provided for in the SCC. If so provided, the amounts certified
in each payment certificate, after deducting for Advance
Payment, shall be adjusted by applying the respective price
adjustment factor to the payment amounts due in each currency.
A separate formula of the type indicated below applies to each
Contract currency:
Pc = Ac + Bc Lmc/Loc + Cc Imc/Ioc

Where:

Pc is the adjustment factor for the portion of the Contract Price

payable in a specific currency “c”.
Ac , Bc and Cc are coefficients specified in the SCC, representing:
Ac the nonadjustable portion; Bc the adjustable portion relative to
labor costs and Cc the adjustable portion for other inputs, of the
Contract Price payable in that specific currency “c”; and

Lmc is the index prevailing at the first day of the month of the
corresponding invoice date and Loc is the index prevailing 28
days before Bid opening for labor; both in the specific currency
“c”.

Imc is the index prevailing at the first day of the month of the
corresponding invoice date and Ioc is the index prevailing 28 days
Section VIII – General Conditions of Contract 102

before Bid opening for other inputs payable; both in the specific
currency “c”.

If a price adjustment factor is applied to payments made in a

currency other than the currency of the source of the index for a
particular indexed input, a correction factor Zo/Zn will be applied
to the respective component factor of pn for the formula of the
relevant currency. Zo is the number of units of currency of the
country of the index, equivalent to one unit of the currency
payment on the date of the base index, and Zn is the
corresponding number of such currency units on the date of the
current index.
6.6.2 If the value of the index is changed after it has been used in a
calculation, the calculation shall be corrected and an adjustment
made in the next payment certificate. The index value shall be
deemed to take account of all changes in cost due to fluctuations
in costs.

6.7 Dayworks 6.7.1 If applicable, the Daywork rates in the Service Provider’s Bid
shall be used for small additional amounts of Services only when
the Employer has given written instructions in advance for
additional services to be paid in that way.

6.7.2 All work to be paid for as Dayworks shall be recorded by the

Service Provider on forms approved by the Employer. Each
completed form shall be verified and signed by the Employer
representative as indicated in Sub-Clause 1.6 within two days of
the Services being performed.
6.7.3 The Service Provider shall be paid for Dayworks subject to
obtaining signed Dayworks forms as indicated in Sub-Clause
6.7.2

7. Quality Control

7.1 Identifying The principle and modalities of Inspection of the Services by the
Defects Employer shall be as indicated in the SCC. The Employer shall
check the Service Provider’s performance and notify him of any
Defects that are found. Such checking shall not affect the Service
Provider’s responsibilities. The Employer may instruct the Service
Provider to search for a Defect and to uncover and test any service
that the Employer considers may have a Defect. Defect Liability
Period is as defined in the SCC.
7.2 Correction of (a) The Employer shall give notice to the Service Provider of any
Defects, and Defects before the end of the Contract. The Defects liability
Section VIII – General Conditions of Contract 103

Lack of period shall be extended for as long as Defects remain to be

Performance corrected.
Penalty
(b) Every time notice a Defect is given, the Service Provider shall
correct the notified Defect within the length of time specified
by the Employer’s notice.
(c) If the Service Provider has not corrected a Defect within the
time specified in the Employer’s notice, the Employer will
assess the cost of having the Defect corrected, the Service
Provider will pay this amount, and a Penalty for Lack of
Performance calculated as described in Sub-Clause 3.8.

8. Settlement of Disputes

8.1 Amicable The Parties shall use their best efforts to settle amicably all disputes
Settlement arising out of or in connection with this Contract or its interpretation.

8.2 Dispute 8.2.1 If any dispute arises between the Employer and the Service
Settlement Provider in connection with, or arising out of, the Contract or the
provision of the Services, whether during carrying out the
Services or after their completion, the matter shall be referred to
the Adjudicator within 14 days of the notification of disagreement
of one party to the other.

8.2.2 The Adjudicator shall give a decision in writing within 28 days

of receipt of a notification of a dispute.

8.2.3 The Adjudicator shall be paid by the hour at the rate specified in
the BDS and SCC, together with reimbursable expenses of the
types specified in the SCC, and the cost shall be divided equally
between the Employer and the Service Provider, whatever
decision is reached by the Adjudicator. Either party may refer a
decision of the Adjudicator to an Arbitrator within 28 days of the
Adjudicator’s written decision. If neither party refers the dispute
to arbitration within the above 28 days, the Adjudicator’s decision
will be final and binding.
8.2.4 Unless otherwise agreed by both the Employer and the Service
Provider, arbitration shall be conducted as follows:
(a) For contracts with foreign Service Providers:
unless otherwise specified in the SCC; the dispute shall
be finally settled under the Rules of Arbitration of the
International Chamber of Commerce; by one or three
arbitrators appointed in accordance with these Rules. The
Section VIII – General Conditions of Contract 104

place of arbitration shall be the neutral location stated in

the SCC; and the arbitration shall be conducted in the
ruling language stated in the SCC;
and
(b) For contracts with national Service Providers, arbitration
with proceedings conducted in accordance with the laws
of the Employer’s country.

8.2.5 Should the Adjudicator resign or die, or should the Employer and
the Service Provider agree that the Adjudicator is not functioning
in accordance with the provisions of the Contract, a new
Adjudicator will be jointly appointed by the Employer and the
Service Provider. In case of disagreement between the Employer
and the Service Provider, within 30 days, the Adjudicator shall be
designated by the Appointing Authority designated in the SCC
at the request of either party, within 14 days of receipt of such
request.
Section VIII – General Conditions of Contract 105

ATTACHMENT 1

Fraud and Corruption

(Text in this Attachment shall not be modified)

1. Purpose
1.1 The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement
under Bank Investment Project Financing operations.
2. Requirements
2.1 The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders
(applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-
consultants, service providers or suppliers; any agents (whether declared or not); and any of
their personnel, observe the highest standard of ethics during the procurement process,
selection and contract execution of Bank-financed contracts, and refrain from Fraud and
Corruption.
2.2 To this end, the Bank:
a. Defines, for the purposes of this provision, the terms set forth below as follows:
i. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of another
party;
ii. “fraudulent practice” is any act or omission, including misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain
financial or other benefit or to avoid an obligation;
iii. “collusive practice” is an arrangement between two or more parties designed
to achieve an improper purpose, including to influence improperly the actions
of another party;
iv. “coercive practice” is impairing or harming, or threatening to impair or harm,
directly or indirectly, any party or the property of the party to influence
improperly the actions of a party;
v. “obstructive practice” is:
(a) deliberately destroying, falsifying, altering, or concealing of
evidence material to the investigation or making false statements to
investigators in order to materially impede a Bank investigation into
allegations of a corrupt, fraudulent, coercive, or collusive practice;
and/or threatening, harassing, or intimidating any party to prevent it
from disclosing its knowledge of matters relevant to the
investigation or from pursuing the investigation; or
(b) acts intended to materially impede the exercise of the Bank’s
inspection and audit rights provided for under paragraph 2.2 e.
below.
Section VIII – General Conditions of Contract 106

b. Rejects a proposal for award if the Bank determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants,
sub-contractors, service providers, suppliers and/ or their employees, has, directly
or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices in competing for the contract in question;
c. In addition to the legal remedies set out in the relevant Legal Agreement, may take
other appropriate actions, including declaring misprocurement, if the Bank
determines at any time that representatives of the Borrower or of a recipient of any
part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive,
or obstructive practices during the procurement process, selection and/or execution
of the contract in question, without the Borrower having taken timely and
appropriate action satisfactory to the Bank to address such practices when they
occur, including by failing to inform the Bank in a timely manner at the time they
knew of the practices;
d. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the
Bank’s prevailing sanctions policies and procedures, may sanction a firm or
individual, either indefinitely or for a stated period of time, including by publicly
declaring such firm or individual ineligible (i) to be awarded or otherwise benefit
from a Bank-financed contract, financially or in any other manner; 1 (ii) to be a
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 inspect 3 all
accounts, records and other documents relating to 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.
Section VIII – General Conditions of Contract 107

Section IX - Special Conditions of Contract

Number of Amendments of, and Supplements to, Clauses in the General Conditions
GC Clause of Contract
1.1 The words “in the Government’s country” are amended to read “Islamic
Republic of Pakistan”.
1.1(a) The Adjudicator is Mr. Mubeen ud Din Qazi, Senior Advocate Supreme Court.
1.1(e) The contract name is Digitization of Massavie Maps in Punjab –
(Multan Divisions)
PMU BOR/PULSE/MM/2023-24/001 - Digitization of Massavie Maps in
Punjab – Multan Division (District/s Khanewal, Multan, Vehari).

1.1(h) The Employer is Project Management Unit-Board of Revenue-PULSE.

1.1(o) The Member in Charge is
1.1(q) The Service Provider is (Name of Successful Bidder)
1.2 The Applicable Law is: Law of Islamic Republic of Pakistan.
1.3 The language is English
1.4 The addresses are:
Employer: Project Management Unit-Board of Revenue
Attention: Project Director
Telex: 042-37882061

Service Provider: (Name of Successful Bidder)

Attention:
Telex:
Facsimile:
1.6 The Authorized Representatives are:
For the Employer: Project Director, Project Management Unit-Board of
Revenue-PULSE.
For the Service Provider:
Section VIII – General Conditions of Contract 108

Number of Amendments of, and Supplements to, Clauses in the General Conditions
GC Clause of Contract
2.1 The Contract shall come into effect one day after contract signing.
2.2.2 The Starting Date for the commencement of Services is seven days after
signing of Contract Agreement.
2.3 The Intended Completion Date is: 8 months After Date of Signing of Contract.
2.4.1 If the value engineering proposal is approved by the Employer the amount to
be paid to the Service Provider shall be: Not Applicable
3.2.3 Activities prohibited after termination of this Contract are: As per SCC 3.7
3.4 The risks and coverage by insurance shall be:
(i) Professional liability insurance, with a minimum coverage of 1.5 times the
value of the contract and claimable in Employer’s country (it will especially cover
any potential damage to land records; any damage to physical registers of land
records maintained in respective record rooms);
(ii) Third Party liability: PKR 30,000,000.
Third Party liability insurance, with a minimum coverage of PKR
30,000,000;
(iii). Employer’s liability and workers’ compensation insurance in respect of
the experts and Sub-contractors in accordance with the relevant provisions of
the applicable law in the Employer’s country, as well as, with respect to such
Experts, any such life, health, accident, travel or other insurance as may be
appropriated.
(iv) Loss or damage to equipment and property;
Insurance against loss of or damage to (i) equipment purchased in
whole or in part with funds provided under this Contract, (ii) the Service
Provider’s property used in the performance of the Services, and (iii) any
documents and data prepared by the Service Provider in the performance of the
Services.
Copy of the insurance policy (that such insurance has been taken out and
maintained and that the current premiums have been paid) shall be
presented to the Employer within 15 days after the effective date of this
contract.
3.5(d) The other actions are None
3.7 Restrictions on the use of documents prepared by the Service Provider are:
All deliverables submitted by the Service Provider in accordance with Sub-
Clause 3.6 shall become and remain the property of the Project Management
Unit, BOR-PULSE, Government of Punjab and the Service Provider shall, not
later than upon termination or expiration of this Contract, deliver all such
Section VIII – General Conditions of Contract 109

Number of Amendments of, and Supplements to, Clauses in the General Conditions
GC Clause of Contract
deliverables to the Employer, together with a detailed inventory thereof. The
Service Provider will not use or cause to be used the copies of the deliverables
for any purpose unrelated to this contract. The Service Provider is allowed to
retain a copy of the deliverables only for the purpose of backup on the backup
server. These backup copies will be returned to the Project Management Unit,
BOR- PULSE, Government of Punjab upon contract termination/expiry or
whenever required by the Project Management Unit, BOR- PULSE,
Government of Punjab.
Each hard drives/disks used for providing the data to Project Management Unit
(PMU), shall become property of Project Management Unit (PMU).
3.8.1 The liquidated damages rate is 0.5 percent per week.
The maximum amount of liquidated damages for the whole contract is 10
percent of the final Contract Price.
The liquidated damages will also be paid by the Service Provider for the interim
deliverables 0.5 percent per week of the payment for the deliverable as specified
in the contract if the submission date of the actual deliverables of the milestones
is beyond the intended submission date as mentioned in Appendix B. However,
in cases where Service Provider makes up for the time lost in the delivery of
subsequent deliverables such that the Intended Completion Date of the Services
is not affected, the liquidated damages for interim period will be returned back
to the Service Provider at the end of contract.
3.8.3 The percentage to be used for the calculation of Lack of performance
Penalty(ies) is 25% of the cost of having the defect corrected.
3.9 A Performance Security shall be required.
The Performance Security shall be in the form of: Bank Guarantee
The amount of the Performance Security shall be 10% of the Contract Price.

The Performance security shall be denominated in the currency of the Contract.

Performance security will be released on successful completion of services.

The performance Security shall be valid until a date 28 days after the
Completion Date of the Contract.

5.1 The assistance and exemptions provided to the Service Provider are:
Nil
6.2(a) The amount in local currency is ____________________.
6.2(b) The amount in foreign currencies is ________________.
Section VIII – General Conditions of Contract 110

Number of Amendments of, and Supplements to, Clauses in the General Conditions
GC Clause of Contract
6.3.2 The performance incentive paid to the Service Provider shall be 0.25 percent per
week for early completion of final deliverable when the deliverable is without
any defect or the service provider corrects the defect within the time frame as
set by the employer.

6.4 Payments shall be made according to the following schedule:

• Advance for Mobilization, Materials and Supplies: Ten (10) percent of the
Contract Price shall be paid on the commencement date against the
submission of a bank guarantee for the same in the currency of contract and
shall be valid for the period of twenty (20) weeks from the date of issue.
• Progress payments in accordance with the milestones established as
follows,
Multan Division
Milestone Deliverable Deliverable Percentag Payment
Submission e of Date
(days/mont Payment (Weeks)
hs after of Total
Date of Contract
Signing Price
of
Contract)
Work The
Implementa 15 days implementation 2% Within fifteen (15)
tion plan will consist days
Plan of timelines for
geo-referencing
of mussavi maps,
development of
vector datasets
(based on
mussavi maps),
development of
web application /
dashboard for
monitoring
progress, human
resource
engagement plan,
risk management
plan and resource
utilization against
each activity.
Section VIII – General Conditions of Contract 111

Number of Amendments of, and Supplements to, Clauses in the General Conditions
GC Clause of Contract
Preparation Deliverables =
of 100 %
completed Submission of 100 % completed data sets as per
data sets as specification mentioned in Section VII - Activity
per 7.5 Schedule.
specificatio mont (= % age of parcel in total parcel maps of each district.)
n hs
mentioned Percentage of Payment of Total Contract Price=
in Section
VII - Invoices can be generated after completion of 20% of
Activity work for each tehsil.
Schedule
(100 % of After completion of 80% of the work of concerned
Total district, the invoices can be generated for the work done.
Contract)

Payments =

Within 04 Weeks after date of receiving of each invoice

subject to the certification by the employer that
the deliverable is satisfactory and within six (06)
weeks in the case of the final payment.

• subject to certification by the Employer, that the Services have been

rendered satisfactorily, pursuant to the performance indicators:
Should the certification not be provided, or refused in writing by the
employer within one month of the date of the milestone, or of the date of
receipt of the corresponding invoice, the certification will be deemed to
have been provided, and the progress payment will be released at such date.
• The amortization of the Advance mentioned above shall commence when
the progress payments have reached 25% of the contract price and be
completed when the progress payments have reached 75%.
The bank guarantee for the advance payment shall be released when the advance
payment has been fully amortized.
6.5 Payment shall be made within four (04) weeks of receipt of the invoice and the
relevant documents specified in Sub-Clause 6.4, and within six (06) weeks in
the case of the final payment.
The interest rate is 1%+KIBOR.
6.6.1 Price adjustment is not to be applied in accordance with Sub-Clause 6.6.
Section VIII – General Conditions of Contract 112

Number of Amendments of, and Supplements to, Clauses in the General Conditions
GC Clause of Contract
7.1 The principle and modalities of inspection of the Services by the Employer are
as follows:
1. The employer will carry out inspections by electronic monitoring.
2. The employer will carry out the inspection against the submission of
complete datasets in all respect as per Section VII- Activity Schedule. The
results of inspections will be communicated to the service provider. The service
provider will correct the defects if found during the inspections.
The Defects Liability Period is 01 year.
8.2.3 The Adjudicator is M. Mubeen ud din Qazi, Senior Advocate Supreme Court
of Pakistan, who will be paid a rate of PKR 15,000 per hour of work. The
following reimbursable expenses are recognized:
a. Phone on actual
b. Printed Materials on actual
c. Travel by Air or Road on actual
8.2.4 Rules of arbitration
GCC 8.2.4 (a) shall apply.

GCC Sub-Clause 8.2.4 (b): shall apply.

[GCC 8.2.4 (a) shall be retained in the case of a Contract with a foreign
Service Provider. GCC 8.2.4 (b) shall be retained in the case of a Contract with
a domestic Service Provider.]
A neutral location will be the place of arbitration if GCC 8.2.4 (a) applies.

8.2.5 The designated Appointing Authority for a new Adjudicator is the Member IT
& Governance, Planning & Development Department, Government of the
Punjab.
Section VIII – General Conditions of Contract 113

Appendices

Appendix A—Description of the Services

PLEASE REFER TO SECTION VII – ACTIVITY SCHEDULE

Appendix B - Schedule of Payments and Reporting Requirements

PLEASE REFER TO SECTION VII – ACTIVITY SCHEDULE

Appendix C - Key Personnel and Subcontractors

Appendix D—Breakdown of Contract Price in Foreign

Currency(ies)
[Not used]

Appendix E - Breakdown of Contract Price in Local Currency

--- To be filled at the Time of Contract Signing ---

Appendix F - Services and Facilities Provided by the Employer

NIL
Appendix G - Performance Incentive Compensation Appendix

Appendix H- CODE OF CONDUCT FOR SERVICE PROVIDER’s PERSONNEL

Section VIII – General Conditions of Contract 114

Appendix I- Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH)
Performance Declaration for Subcontractors

[The following table shall be filled in by each subcontractor proposed by the Contractor, that was not named in
the Contract]
Subcontractor’s Name: [insert full name]
Date: [insert day, month, year]
Contract reference [insert contract reference]
Page [insert page number] of [insert total number] pages

SEA and/or SH Declaration

We:
 (a) have not been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations.
 (b) are subject to disqualification by the Bank for non-compliance with SEA/ SH obligations.
 (c) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations. An
arbitral award on the disqualification case has been made in our favor.

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

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 115

Section X - Contract Forms

Table of Forms

Notification of Intention to Award .....................................................................................117

Beneficial Ownership Disclosure Form..............................................................................121

Letter of Acceptance ............................................................................................................123

Contract Agreement ............................................................................................................124

Performance Security ..........................................................................................................126

Advance Payment Security .................................................................................................129

Section X – Contract Forms 117

Notification of Intention to Award

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

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

[IMPORTANT: insert the date that this Notification is transmitted to Bidders. The
Notification must be sent to all Bidders simultaneously. This means on the same date and as
close to the same time as possible.]
DATE OF TRANSMISSION: This Notification is sent by: [email/fax] on [date] (local time)

Notification of Intention to Award

Employer: [insert the name of the Employer]
Project: [insert name of project]
Contract title: [insert the name of the contract]
Country: [insert country where RFB is issued]
Loan No. /Credit No. / Grant No.: [insert reference number for loan/credit/grant]
RFB No: [insert RFB reference number from Procurement Plan]

This Notification of Intention to Award (Notification) notifies you of our decision to award the above
contract. The transmission of this Notification begins the Standstill Period. During the Standstill
Period you may:

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

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

1. The successful Bidder

Name: [insert name of successful Bidder]

Address: [insert address of the successful Bidder]

Contract price: [insert contract price of the successful Bid]

Section X – Contract Forms 118

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

[insert name] [insert Bid price] [insert evaluated price]

[insert name] [insert Bid price] [insert evaluated price]

[insert name] [insert Bid price] [insert evaluated price]

[insert name] [insert Bid price] [insert evaluated price]

3. Reason/s why your Bid was unsuccessful

[INSTRUCTIONS: State the reason/s why this Bidder’s Bid was unsuccessful. Do NOT
include: (a) a point by point comparison with another Bidder’s Bid or (b) information that is
marked confidential by the Bidder in its Bid.]

4. How to request a debriefing

DEADLINE: The deadline to request a debriefing expires at midnight on [insert date] (local
time).
You may request a debriefing in relation to the results of the evaluation of your Bid. If you decide
to request a debriefing your written request must be made within three (3) Business Days of receipt
of this Notification of Intention to Award.
Provide the contract name, reference number, name of the Bidder, contact details; and address
the request for debriefing as follows:
Attention: [insert full name of person, if applicable]
Title/position: [insert title/position]
Agency: [insert name of Employer]
Email address: [insert email address]
Fax number: [insert fax number] delete if not used
If your request for a debriefing is received within the 3 Business Days deadline, we will provide the
debriefing within five (5) Business Days of receipt of your request. If we are unable to provide the
debriefing within this period, the Standstill Period shall be extended by five (5) Business Days after
the date that the debriefing is provided. If this happens, we will notify you and confirm the date that
the extended Standstill Period will end.
The debriefing may be in writing, by phone, video conference call or in person. We shall promptly
advise you in writing how the debriefing will take place and confirm the date and time.
If the deadline to request a debriefing has expired, you may still request a debriefing. In this case,
we will provide the debriefing as soon as practicable, and normally no later than fifteen (15)
Section X – Contract Forms 119

Business Days from the date of publication of the Contract Award Notice.

5. How to make a complaint

Period: Procurement-related Complaint challenging the decision to award shall be submitted

by midnight, [insert date] (local time).
Provide the contract name, reference number, name of the Bidder, contact details; and address
the Procurement-related Complaint as follows:
Attention: [insert full name of person, if applicable]
Title/position: [insert title/position]
Agency: [insert name of Employer]
Email address: [insert email address]
Fax number: [insert fax number] delete if not used
At this point in the procurement process, you may submit a Procurement-related Complaint
challenging the decision to award the contract. You do not need to have requested, or
received, a debriefing before making this complaint. Your complaint must be submitted
within the Standstill Period and received by us before the Standstill Period ends.
Further information:
For more information see the Procurement Regulations for IPF Borrowers (Procurement
Regulations)[https://policies.worldbank.org/sites/ppf3/PPFDocuments/Forms/DispPage.asp
x?docid=4005] (Annex III). You should read these provisions before preparing and
submitting your complaint. In addition, the World Bank’s Guidance “How to make a
Procurement-related Complaint” [http://www.worldbank.org/en/projects-
operations/products-and-services/brief/procurement-new-framework#framework] provides
a useful explanation of the process, as well as a sample letter of complaint.
In summary, there are four essential requirements:
1. You must be an ‘interested party’. In this case, that means a Bidder who submitted a
Bid in this bidding process, and is the recipient of a Notification of Intention to
Award.
2. The complaint can only challenge the decision to award the contract.
3. You must submit the complaint within the period stated above.
4. You must include, in your complaint, all of the information required by the
Procurement Regulations (as described in Annex III).

6. Standstill Period

DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local
time).
The Standstill Period lasts ten (10) Business Days after the date of transmission of this
Notification of Intention to Award.
 Section X – Contract Forms 120

The Standstill Period may be extended as stated in Section 4 above.

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 121

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

Bidder1. In case of joint venture, the Bidder must submit a separate Form for each
member. The beneficial ownership information to be submitted in this Form shall be
current as of the date of its submission.

For the purposes of this Form, a Beneficial Owner of a Bidder is any natural person who
ultimately owns or controls the Bidder by meeting one or more of the following conditions:

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

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

RFB No.: [insert number of RFB process]

Request for Bid No.: [insert identification]

To: [insert complete name of Employer]

In response to your request in the Letter of Acceptance dated [insert date of letter of Acceptance]
to furnish additional information on beneficial ownership: [select one option as applicable and
delete the options that are not applicable]

(i) we hereby provide the following beneficial ownership information.

Details of beneficial ownership

Identity of Directly or indirectly Directly or Directly or indirectly
Beneficial Owner holding 25% or more indirectly holding having the right to
of the shares 25 % or more of appoint a majority of
the Voting Rights the board of the
(Yes / No) directors or an
(Yes / No) equivalent governing
body of the Bidder
(Yes / No)
Section X – Contract Forms 122

[include full name

(last, middle, first), 
nationality, country
of residence]

OR

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

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

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

OR

(iii) We declare that we are unable to identify any Beneficial Owner meeting one or more of the
following conditions. [If this option is selected, the Bidder shall provide explanation on why it is
unable to identify any Beneficial Owner]
• directly or indirectly holding 25% or more of the shares
• directly or indirectly holding 25% or more of the voting rights
• directly or indirectly having the right to appoint a majority of the board of directors or
equivalent governing body of the Bidder]”

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

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

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

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

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

* In the case of the Bid submitted by a Joint Venture specify the name of the Joint Venture as Bidder. In the event
that the Bidder is a joint venture, each reference to “Bidder” in the Beneficial Ownership Disclosure Form
(including this Introduction thereto) shall be read to refer to the joint venture member.
** Person signing the Bid shall have the power of attorney given by the Bidder. The power of attorney shall be

attached with the Bid Schedules.

Section X – Contract Forms 123

Letter of Acceptance
[letterhead paper of the Employer]

[date]

To: [name and address of the Service Provider]

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 Special Conditions of Contract] for the Contract Price of the
equivalent of [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 within 28 days in accordance with the
Conditions of Contract, using for that purpose one of the Performance Security Forms and (ii)
the additional information on beneficial ownership in accordance with BDS ITB 45.1, within
eight (8) Business days using the Beneficial Ownership Disclosure Form, included in Section X,
- Contract Forms, of the bidding document.

Note: Insert one of the 3 options for the second paragraph. The first option should be used if
the Bidder has not objected the name proposed for Adjudicator. The second option if the
Bidder has objected the proposed Adjudicator and proposed a mane for a substitute, who was
accepted by the Employer. And the third option if the Bidder has objected the proposed
Adjudicator and proposed a mane for a substitute, who was not accepted by the Employer.

We confirm that [insert name proposed by Employer in the Bid Data Sheet],

or

We accept that [name proposed by Bidder] be appointed as the Adjudicator

or

We do not accept that [name proposed by Bidder] be appointed as Adjudicator, and by sending a
copy of this letter of acceptance to [insert the name of the Appointing Authority], we are hereby
requesting [name], the Appointing Authority, to appoint the Adjudicator in accordance with ITB
47.1

Authorized Signature:
Name and Title of Signatory:
Name of Agency:

Attachment: Contract
Section X – Contract Forms 124

Contract Agreement

This AGREEMENT is made the [day] day of the month of [month], [year], between, on the one
hand, [name of Employer] (hereinafter called the “Employer”) and, on the other hand, [name of
Service Provider] (hereinafter called the “Service Provider”).
[Note: In the text below text in brackets is optional; all notes should be deleted in final text . If the
Service Provider consist of more than one entity, the above should be partially amended to read
as follows: “…(hereinafter called the “Employer”) and, on the other hand, a joint venture
consisting of the following entities, each of which will be jointly and severally liable to the
Employer for all the Service Provider’s obligations under this Contract, namely, [name of Service
Provider] and [name of Service Provider] (hereinafter called the “Service Provider”).]
WHEREAS
(a) the Employer has requested the Service Provider to provide certain Services as
defined in the General Conditions of Contract attached to this Contract (hereinafter
called the “Services”);
(b) the Service Provider, having represented to the Employer that they have the
required professional skills, and personnel and technical resources, have agreed to
provide the Services on the terms and conditions set forth in this Contract at a
contract price of……………………;
(c) the Employer has received [or has applied for] a loan from the International Bank
for Reconstruction and Development (hereinafter called the “Bank”) [or a credit
from the International Development Association (hereinafter called the
“Association”)] towards the cost of the Services and intends to apply a portion of
the proceeds of this loan [or credit] to eligible payments under this Contract, it
being understood (i) that payments by the Bank [or Association] will be made only
at the request of the Employer and upon approval by the Bank [or Association], (ii)
that such payments will be subject, in all respects, to the terms and conditions of
the agreement providing for the loan [or credit], and (iii) that no party other than
the Employer shall derive any rights from the agreement providing for the loan [or
credit] or have any claim to the loan [or credit] proceeds;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents shall be deemed to form and be read and construed as part of this
Agreement, and the priority of the documents shall be as follows:
(a) the Letter of Acceptance;
(b) the Letter of Bid;
(c) the Special Conditions of Contract;
(d) the General Conditions of Contract;
(e) the Specifications;
Section X – Contract Forms 125

(f) the Priced Activity Schedule; and

(g) The following Appendices: [Note: If any of these Appendices are not used, the words
“Not Used” should be inserted below next to the title of the Appendix and on the sheet
attached hereto carrying the title of that Appendix.]
Appendix A: Description of the Services
Appendix B: Schedule of Payments
Appendix C: Key Personnel and Subcontractors
Appendix D: Breakdown of Contract Price in Foreign Currency
Appendix E: Breakdown of Contract Price in Local Currency
Appendix F: Services and Facilities Provided by the Employer
Appendix G: Performance Incentive Compensation
Appendix H: Code of Conduct for Service Provider’s Personnel
2. The mutual rights and obligations of the Employer and the Service Provider shall be as set
forth in the Contract, in particular:
(a) the Service Provider shall carry out the Services in accordance with the provisions
of the Contract; and
(b) the Employer shall make payments to the Service Provider in accordance with the
provisions of 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 indicated above.

For and on behalf of the Employer:

Signed: [insert signature]

in the capacity of [insert title or other appropriate designation]

in the presence of [insert identification of official witness]

For and on behalf of the Service Provider:

Signed: [insert signature of authorized representative(s) of the Service Provider]

in the capacity of [insert title or other appropriate designation]

in the presence of [insert identification of official witness]

Section X – Contract Forms 126

Performance Security

Option 1: (Bank Guarantee)

[The bank, as requested by the successful Bidder, shall fill in this form in accordance with the
instructions indicated]

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [insert name and Address of Employer]

Date: _ [Insert date of issue]

PERFORMANCE GUARANTEE No.: [Insert guarantee reference number]

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

We have been informed that _ [insert name of Service Provider which in the case of a joint venture shall be the
name of the joint venture] (hereinafter called "the Applicant") has entered into Contract No. [insert
reference number of the contract] dated [insert date] with the Beneficiary, for the Non-Consulting
Services of _ [insert name of contract and brief description of the Non-Consulting Services] (hereinafter called
"the Contract").

Furthermore, we understand that, according to the conditions of the Contract, a performance

guarantee is required.

At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of [insert amount in figures]
( ) [insert amount in words],1 such sum being payable in the types and proportions of
currencies in which the Contract Price is payable, upon receipt by us of the Beneficiary’s
complying demand supported by the Beneficiary’s statement, whether in the demand itself or in a
separate signed document accompanying or identifying the demand, stating that the Applicant is
in breach of its obligation(s) under the Contract, without the Beneficiary needing to prove or to
show grounds for your demand or the sum specified therein.

1 The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount specified
in the Letter of Acceptance, and denominated either in the currency (ies) of the Contract or a freely convertible
currency acceptable to the Beneficiary.
Section X – Contract Forms 127

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.

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 date twenty-eight days after the expected completion date as described in GCC. The Service Provider
should note that in the event of an extension of this date for completion of the Contract, the Service Provider
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 Service
Provider might consider adding the following text to the form, at the end of the penultimate paragraph: “The
Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months] [one year],
in response to the Beneficiary’s written request for such extension, such request to be presented to the
Guarantor before the expiry of the guarantee.”
Section X – Contract Forms 128

Option 2: Performance Bond

Not used.
Section X – Contract Forms 129

Advance Payment Security

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [Insert name and Address of Employer]

Date: [Insert date of issue]

ADVANCE PAYMENT GUARANTEE No.: [Insert guarantee reference number]

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

We have been informed that [insert name of Service Provider, which in the case of a joint venture
shall be the name of the joint venture] (hereinafter called “the Applicant”) has entered into
Contract No. [insert reference number of the contract] dated [insert date] with the Beneficiary,
for the execution of [insert name of contract and brief description of Non-Consulting Services]
(hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, an advance payment
in the sum [insert amount in figures] () [insert amount in words] is to be made against an advance
payment guarantee.

At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of [insert amount in figures]
( ) [insert amount in words] 1 upon receipt by us of the Beneficiary’s complying demand
supported by the Beneficiary’s statement, whether in the demand itself or in a separate signed
document accompanying or identifying the demand, stating either that the Applicant:

(a) has used the advance payment for purposes other than toward delivery of Services; 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

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 130

credited to the Applicant on its account number [insert number] at [insert name and address of
Applicant’s bank].

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, has been certified for payment, or on the [insert day] day of [insert
month], 2 [insert year], whichever is earlier. Consequently, any demand for payment under this
guarantee must be received by us at this office on or before that date.

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

____________________
[signature(s)]

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