Bidding Document

Volume 1: Bidding Procedures, Work’s Requirements and Conditions of

Contract

Upgrading to paved standard of 9.54km of roads,

reconstruction of 6.72km of roads including
signalization of 5 Junctions and Channelization of
3.9Km of drainages in Lubaga, Kawempe Makindye
Division and Wakiso District (Lot 5)

Employer: Kampala Capital City Authority

Project: The Kampala City Roads Rehabilitation Project (KCRRP)
Contract title: Upgrading to paved standard of 9.54km of roads,
reconstruction of 6.72km of roads and Channelization of
3.9Km of Drainages including signalization of 5 Junctions in
Lubaga, Kawempe Makindye Division and Wakiso District
(Lot 5)
Country: Uganda
Project Code: P-UG-DB0-028
IFB Number: KCCA-KCRRP/WORKS/2021-2022/00005/3
Issued on: 26th July, 2021

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 The bidding document has been prepared in six volumes as follows:

Volume 1: Bidding Procedures, Work Requirements and Conditions of Contract

Volume 2: Bills of Quantities

Volume 3: Technical Specifications

Volume 4: Drawings

Volume 5: Environmental and Social Management Plan (ESMP)

Volume 6: FIDIC Conditions of Contract for Construction

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Table of Contents

Part 1: Bidding Procedures .....................................................................................................................4

SECTION 1: INSTRUCTIONS TO BIDDERS ....................................................................................................5
SECTION II: BID DATA SHEET (BDS) ....................................................................................................... 36
SECTION III: EVALUATION AND QUALIFICATION CRITERIA ................................................................... 44
SECTION IV: BIDDING FORMS.................................................................................................................. 62
SECTION V: ELIGIBLE COUNTRIES ..........................................................................................................123
SECTION VI: FRAUD AND CORRUPTION ...............................................................................................125
Part 2: Works’ Requirements .............................................................................................................127
SECTION VII: WORKS’ REQUIREMENTS.................................................................................................128
Part 3: Conditions of Contract & Contract Forms ....................................................................175
SECTION VIII: GENERAL CONDITIONS OF CONTRACT (GC) ...............................................................176
SECTION IX: PARTICULAR CONDITIONS ................................................................................................177
SECTION X: CONTRACT FORMS .............................................................................................................240

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Part 1: Bidding Procedures

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

Section I: Instructions to Bidders _____________ Page | 5

 32. Conversion to Single Currency .................................................................................................... 28
33. Margin of Preference ..................................................................................................................... 28
34. Subcontractors ................................................................................................................................ 28
35. Evaluation of Bids ........................................................................................................................... 29
36. Comparison of Bids ........................................................................................................................ 30
37. Abnormally Low Bids ..................................................................................................................... 30
38. Unbalanced or Front Loaded Bids .............................................................................................. 30
39. Qualifications of the Bidder ......................................................................................................... 31
40. Successful Bid or Bids .................................................................................................................... 31
41. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids ................................... 32
42. Standstill Period .............................................................................................................................. 32
43. Notification of Intention to Award ............................................................................................. 32
F. Award of Contract ...................................................................................................................................... 33
44. Award Criteria .................................................................................................................................. 33
45. Notification of Award .................................................................................................................... 33
46. Debriefing by the Employer ......................................................................................................... 34
47. Signing of Contract ........................................................................................................................ 34
48. Performance Security .................................................................................................................... 35
49. Procurement Related Complaint ................................................................................................ 35

Section I: Instructions to Bidders _____________ Page | 6

Section I: Instructions to Bidders
A. General
1. Scope of Bid

1.1 In connection with the Specific Procurement Notice – Invitation for Bids (IFB),
specified in the Bid Data Sheet (BDS), the Employer, as specified in the BDS,
issues this Bidding document for the provision of Works as specified in Section
VII, Works’ Requirements. The name, identification, and number of “whole of the
works”, hereafter called ‘Works’ invited under one or more lots (Contracts) or
Packages each lot containing one or more ‘Works’ or each package containing
one or more lots of this IFB are specified in the BDS.

1.2 Throughout this bidding document:

(a) the term “in writing” means communicated in written form (e.g. by mail,
e-mail, fax, including, if specified in the BDS, distributed or received
through electronic-procurement system used by the Employer) with proof
of receipt;
(b) if the context so requires, “singular” means “plural’ and vice versa;
(c) “Day” means calendar day, unless otherwise specified as a “Business Day.”
A Business Day is any day that is a working day of the Borrower. It excludes
the Borrower’s official public holidays; and
(d) “ES” means environmental and social (including Sexual Exploitation, and
Abuse (SEA) and Sexual Harassment (SH));
(e) “Sexual Exploitation and Abuse” “(SEA)” means the following:
“Sexual Exploitation” is defined as any actual or attempted abuse of
position of vulnerability, differential power or trust, for sexual purposes,
including, but not limited to, profiting monetarily, socially or politically
from the sexual exploitation of another;
“Sexual Abuse” is defined as the actual or threatened physical intrusion of
a sexual nature, whether by force or under unequal or coercive conditions;
(f) “Sexual Harassment” “(SH)” is defined as unwelcome sexual advances,
requests for sexual favours, and other verbal or physical conduct of a
sexual nature by the Contractor’s Personnel with other Contractor’s or
Employer’s Personnel;
(g) “Contractor’s Personnel” is as defined in Sub- Clause 1.1.17 of the General
Conditions of Contract; and
(h) “Employer’s personnel” is as defined in GCC Sub-Clause 1.1.31 of the
General Conditions of Contract.

Section I: Instructions to Bidders _____________ Page | 7

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

2. Source of Funds

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

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

3. Fraud and Corruption

3.1 The Bank requires compliance with its Integrity Framework comprising the
African Development Bank Group’s Sanctions Procedures, the Bank’s Whistle-
blowing and Complaints Policy, the Bank’s Procurement Policy under the
Procurement Framework and any other applicable Policies and Procedures
including their updates in regard to corrupt and fraudulent practices, 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, sub consultants, service
providers, suppliers, and their personnel, to permit the Bank to inspect all
accounts, records and other documents relating to any prequalification process,
bid submission, and contract performance (in the case of award), and to have
them audited by auditors appointed by the Bank.

4. Eligible Bidders

4.1 A Bidder may be a firm that is a private entity, a state-owned enterprise or

institution subject to ITB 4.6 or any combination of such entities in the form of a
joint venture, consortium, or association (JVCA) hereinafter called JV, under an

Section I: Instructions to Bidders _____________ Page | 8

 existing agreement or with the intent to enter into such an agreement supported
by a letter of intent. In the case of a joint venture, consortium, or association (JV):
a) Unless otherwise specified in the BDS, all members shall be jointly and
severally liable for the execution of the entire Contract in accordance with the
Contract terms; b) 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; c) The maximum number of members
proposed in a JV shall not exceed the number specified in the BDS, or the
number derived from the percentage specified under ITB 4.1 (d), whichever is
smaller unless both are equal, in which case anyone shall apply; and d)
Participation by value of the contract as share of each of the JV partner (member)
shall not be less than the percentage specified in the BDS. In case of any
inconsistency between ITB 4.1 c) and ITB 4.1 d) such that both cannot be applied
simultaneously, the latter shall prevail.

4.2 A Bidder shall not have a conflict of interest. Any Bidder found to have a conflict
of interest shall be disqualified. A Bidder may be considered to have a conflict of
interest for the purpose of this Bidding process, if the Bidder:

(a) directly or indirectly controls, is controlled by or is under common control

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

Section I: Instructions to Bidders _____________ Page | 9

 implementation or supervision of such Contract unless the conflict
stemming from such relationship has been resolved in a manner acceptable
to the Bank throughout the Bidding process and execution of the Contract.

4.3 A firm that is a Bidder (either individually or as a JV member) shall not participate
in more than one Bid, except for permitted alternative Bids. This includes
participation as a subcontractor in other Bids. Such participation shall result in
the disqualification of all Bids in which the firm is involved. A firm that is not a
Bidder or a JV member may participate as a subcontractor in more than one Bid.

4.4 A Bidder and all parties constituting the Bidder including any
subcontractors or suppliers shall have the nationality of an eligible country of
the Bank in accordance with the Bank’s Procurement Policy for the Bank Group
Funded Operations described under the Bank’s Procurement Framework, and as
listed in Section V, Eligible Countries, 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 shall also apply to the
determination of the nationality of proposed subcontractors or sub-consultants
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 Integrity
Framework, and in accordance with its prevailing sanctions policies and
procedures as set forth in the Bank’s Integrity Framework, as described in Section
VI paragraph 2.2 d. shall be ineligible to be prequalified for, bid 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.

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

Section I: Instructions to Bidders _____________ Page | 10

 relations with that country, provided that the Bank is satisfied that such exclusion
does not preclude effective competition for the supply of goods or the
contracting of works or services required; or (b) by an act of compliance with a
decision of the United Nations Security Council taken under Chapter VII of the
Charter of the United Nations, the Borrower’s country prohibits any import of
goods or contracting of works or services from that country, or any payments to
any country, person, or entity in that country. When the Works are implemented
across jurisdictional boundaries (and more than one country is a Borrower, and
is involved in the procurement), then exclusion of a firm or individual on the
basis of ITB 4.8 (a) above by any country may be applied to that procurement
across other countries involved, if the Bank and the Borrowers involved in the
procurement agree.

4.9 A Bidder shall provide such documentary evidence of eligibility satisfactory to

the Employer, as the Employer shall reasonably request.

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

5. Eligible Materials, Equipment, and Services

5.1 The materials, equipment and services to be supplied under the Contract and
financed by the Bank shall have their origin in an eligible country of the Bank in
accordance with the Bank’s Procurement Policy for Bank Group Funded
Operations described under the Bank’s Procurement Framework, and as listed in
Section V, Eligible Countries, subject to the restrictions specified therein, Eligible
Countries, and all expenditures under the Contract will not contravene such
restrictions. At the Employer’s request, Bidders may be required to provide
evidence of the origin of materials, equipment and services.

5.2 The nationality of the firm that produces, assembles, distributes, or sells the
materials and equipment shall not determine their origin.

B. Contents of Bidding Document

6. Sections of Bidding Document

6.1 The Bidding document consists of Parts 1, 2, and 3, which includes all the
sections specified below, and which should be read in conjunction with any
Addenda issued in accordance with ITB 8.

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 PART 1 Bidding Procedures

• Section I - Instructions to Bidders (ITB)

• Section II - Bid Data Sheet (BDS)

• Section III - Evaluation and Qualification Criteria

• Section IV - Bidding Forms

• Section V - Eligible Countries

• Section VI - Fraud and Corruption

PART 2 Works Requirements

• Section VII - Works’ Requirements

PART 3 Conditions of Contract and Contract Forms

• Section VIII - General Conditions (GC)

• Section IX - Particular Conditions (PC)

• Section X - Contract Forms

6.2 The Specific Procurement Notice - Invitation for Bids (IFB) issued by the
Employer is not part of the Bidding document.

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

6.4 The Bidder is expected to examine all instructions, forms, terms, and
specifications in the Bidding document and to furnish with its Bid all information
and documentation as is required by the Bidding document.

7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting

7.1 A Bidder requiring any clarification of the Bidding document shall contact the
Employer in writing at the Employer’s address specified in the BDS or raise its
enquiries during the pre-Bid meeting if provided for in accordance with ITB 7.4.
The Employer will respond in writing to any request for clarification, provided
that such request is received no later than fourteen (14) days prior to the
deadline for submission of Bids. The Employer shall forward copies of its
response to all Bidders who have acquired the Bidding document in accordance
with ITB 6.3, including a description of the inquiry but without identifying its

Section I: Instructions to Bidders _____________ Page | 12

 source. If so specified in the BDS, the Employer shall also promptly publish its
response at the web page identified in the BDS. Should the clarification result in
changes to the essential elements of the Bidding document, the Employer shall
amend the Bidding document following the procedure under ITB 8 and ITB 22.2.

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

7.3 The Bidder and any of its personnel or agents will be granted permission by the
Employer to enter upon its premises and lands for the purpose of such visit, but
only upon the express condition that the Bidder, its personnel, and agents will
release and indemnify the Employer and its personnel and agents from and
against all liability in respect thereof, and will be responsible for death or
personal injury, loss of or damage to property, and any other loss, damage, costs,
and expenses incurred as a result of the inspection.

7.4 If so specified in the BDS, the Bidder’s designated representative is invited to

attend a pre-Bid meeting and/or a Site of Works visit. The purpose of the
meeting will be to clarify issues and to answer questions on any matter that may
be raised at that stage.

7.5 The Bidder is requested to submit any questions in writing, to reach the
Employer not later than one week before the meeting.

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

8. Amendment of Bidding Document

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

Section I: Instructions to Bidders _____________ Page | 13

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

8.3 To give Bidders reasonable time in which to take an addendum into account in
preparing their Bids, the Employer should extend the deadline for the
submission of Bids, pursuant to ITB 22.2.

C. Preparation of Bids
9. Cost of Bidding

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

10. Language of Bid

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

11. Documents Comprising the Bid

11.1 The Bid shall comprise the following:

(a) Letter of Bid prepared in accordance with ITB 12;

(b) Schedules including priced Bill of Quantities, completed in accordance

with ITB 12 and ITB 14;

(c) Bid Security or Bid-Securing Declaration, in accordance with ITB 19.1;

(d) Technical Bid - of Base Bid;

(e) Commercial Terms and Conditions;

(f) Alternative Technical Bid, if permissible, in accordance with ITB 13;

(g) Authorization: written confirmation authorizing the signatory of the Bid

to commit the Bidder, in accordance with ITB 20.3;

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 (h) Eligibility and Qualifications: documentary evidence in accordance with
ITB 17 establishing the Bidder’s eligibility and qualifications to perform
the Contract if its Bid is accepted;

(i) Conformity: documentary evidence in accordance with ITB 16 and ITB

30, and in support of above sub-paragraphs (d) and (e) of ITB 11.1, as
necessary, to establish that the offered Works and Services, and Terms
and Conditions of the Bid conform to the requirements and provisions
of the bidding document; and

(j) any other document required in the BDS.

11.2 In addition to the requirements under ITB 11.1, Bids submitted by a JV shall
include a copy of the Joint Venture Agreement entered into by all members.
Alternatively, a letter of intent to execute a Joint Venture Agreement in the event
of a successful Bid shall be signed by all members and submitted with the Bid,
together with a copy of the proposed Agreement.

11.3 The Bidder shall furnish in the Letter of Bid information on commissions and
gratuities, if any, paid or to be paid to agents or any other party relating to this
Bid.

11.4 The Bidder shall furnish in the Letter of Bid the names of three potential Dispute
Avoidance/Adjudication Board (DAAB) members and attach their curriculum
vitae. The list of potential DAAB members proposed by the Employer (Contract
Data 21.1) and by the Bidder (Letter of Bid) shall be subject to the Bank’s No-
objection.

12. Letter of Bid and Schedules

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

13. Alternative Bids

13.1 Unless otherwise specified in the BDS, alternative Bids shall not be considered.
If Alternative Bids are permitted, the BDS shall specify which of the following ITB
(s) namely, ITB 13.2, ITB 13.3 and ITB 13.4 shall be considered.

13.2 When alternative times for completion are explicitly invited, a statement to that
effect will be included in the BDS, and the method of evaluating different

Section I: Instructions to Bidders _____________ Page | 15

 alternative times for completion will be described in Section III, Evaluation and
Qualification Criteria.

13.3 Except as provided under ITB 13.4 below, Bidders wishing to offer technical
alternatives to the requirements of the Bidding document must first price the
Employer’s design as described in the Bidding document and shall further
provide all information necessary for a complete evaluation of the alternative by
the Employer, including drawings, design calculations, technical specifications,
breakdown of prices, and proposed construction methodology and other
relevant details. Only the technical alternatives, if any, of the Bidder with the
Lowest Evaluated Bid conforming to the basic technical requirements shall be
considered by the Employer.

13.4 When specified in the BDS, Bidders are permitted to submit alternative technical
solutions for specified parts of the Works. Such parts will be identified in the BDS
and described in Section VII, Works’ Requirements. The method for their
evaluation will be stipulated in Section III, Evaluation and Qualification Criteria.

14. Bid Prices and Discounts

14.1 The prices and discounts (including any price reduction) quoted by the Bidder in
the Letter of Bid and in the Bill of Quantities shall conform to the requirements
specified below.

14.2 The Bidder shall fill in rates and prices for all items of the Works described in the
Bill of Quantities. Items against which no rate or price is entered by the Bidder
shall be deemed covered by the rates for other items in the Bill of Quantities and
will not be paid for separately by the Employer. An item not listed in the priced
Bill of Quantities shall be assumed to be not included in the Bid, and provided
that the Bid is determined substantially responsive notwithstanding this
omission, the average or the highest price of the item as specified in the BDS
quoted by substantially responsive Bidders will be added to the Bid price and
the equivalent total cost of the Bid so determined will be used for price
comparison.

14.3 The price to be quoted in the Letter of Bid, in accordance with ITB 12.1, shall be
the total price of the Bid, excluding any discounts offered.

14.4 The Bidder shall quote any discounts and the methodology for their application
in the Letter of Bid, in accordance with ITB 12.1, ITB 14.6 and ITB 14.7.

14.5 Unless otherwise specified in the BDS and the Conditions of Contract, the rates
and prices quoted by the Bidder are subject to adjustment during the
performance of the Contract in accordance with the provisions of the Conditions

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 of Contract. In such a case, the Bidder shall furnish the indices and weightings
for the price adjustment formulae in the Schedule of Adjustment Data and the
Employer may require the Bidder to justify its proposed indices and weightings.
A Bid submitted with a fixed price basis shall not be rejected unless otherwise
specified in the BDS and in the latter case, a Bid submitted with fixed price shall
be rejected.

14.6 As specified in the BDS, bids are being invited for “Works” as a single contract
(or as one lot); or for individual lots (contracts) each lot containing one or more
‘Works’; or for any combination of lots (packages). Bidders wishing to offer
discounts for the award of more than one Contract (lot) shall specify in their Bid
the price reductions applicable to each contract (lot) and package as the case
may be. Bidders shall fully explain the methodology and calculations for applying
such discounts, showing how the reductions are derived and the net amounts of
each contract after the application of the offered discounts to individual items.
Discounts can be offered only for those items for which the Bidder is required to
bid and not for any item where the Employer has included its estimated cost as
a fixed sum or a percentage in the Bills of Quantities. Discounts shall be
submitted in accordance with ITB 14.4, and ITB 14.6 provided that the Bids for
all lots (contracts) are opened at the same time.

14.7 Discounts offered shall be clear and without any vagueness or ambiguity to avoid
rejection of the bid as no clarification shall be requested or permitted on this
account after bid submission. The Employer’s decision on a bid’s discount will
be based on the contents of the bid itself, without recourse to any extrinsic
evidence. If in the Employer’s opinion, which will be final, a discount offered in
the bid: I) is unclear, ambiguous or vaguely presented to the extent that it cannot
be either interpreted or applied with reasonable accuracy, the Bid shall be
rejected; II) relates to any item of cost for which the Bidder is not required to
submit a bid price or the Employer may have indicated the estimated cost e.g.
for a provisional sum or contingencies as per the bidding document, then the
bid will be evaluated without the application of the discount offered for such
item of cost; and III) has minor discrepancy or unclarity which could be
interpreted reasonably, the Employer in this case may decide not to reject the
bid and apply the discount as it deems reasonable and appropriate resulting in
the lowest evaluated cost to the Employer. If the Bidder does not accept the
Employer’s decision based on any of the above, the bid shall be rejected.

14.8 All duties, taxes, and other levies payable by the Contractor under the Contract,
or for any other cause, as of the date 28 days prior to the deadline for submission
of Bids, shall be included in the rates and prices and the total Bid Price submitted
by the Bidder.

Section I: Instructions to Bidders _____________ Page | 17

15. Currencies of Bid and Payment

15.1 The currency (ies) of the Bid and the currency (ies) of payments shall be as
specified in the BDS.

15.2 Bidders may be required by the Employer to justify, to the Employer’s

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

16. Documents Comprising the Technical Bid

16.1 The Bidder shall furnish details of technical specifications proposed in the
Technical Bid including a statement of work methods, equipment, personnel,
schedule and any other information as stipulated in Section IV, Bidding Forms,
or elsewhere in the bidding document, and if applicable, a statement of
deviations and exceptions to any of the provisions of the bidding document, in
sufficient detail to demonstrate the adequacy of the Bidder’s proposal to meet
the Employer’s work’s requirements and the completion time, and to
demonstrate substantial responsiveness to the technical specifications required
as per the provisions of the Section VII, Work’s Requirements.

17. Documents Establishing the Eligibility and Qualifications of the Bidder

17.1 To establish Bidder’s eligibility in accordance with ITB 4, Bidders shall complete
the Letter of Bid, included in Section IV, Bidding Forms.

17.2 In accordance with Section III, Evaluation and Qualification Criteria, to establish
its qualifications to perform the Contract the Bidder shall provide the
information requested in the corresponding forms included in Section IV,
Bidding Forms.

17.3 If a margin of preference applies as specified in accordance with ITB 33.1,

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

18. Period of Validity of Bids

18.1. Bids shall remain valid for the Bid Validity period specified in the BDS or any
extended period if amended by the Employer in accordance with ITB 8. The Bid
Validity period starts from the date fixed for the Bid submission deadline (as

Section I: Instructions to Bidders _____________ Page | 18

 prescribed by the Employer in accordance with ITB 22). A Bid valid for a shorter
period shall be rejected by the Employer as nonresponsive.

18.2 In exceptional circumstances, prior to the expiration of the Bid validity period,
the Employer may request Bidders to extend the period of validity of their Bids.
The request and the responses shall be made in writing. If a Bid Security is
requested in accordance with ITB 19, it shall also be extended for twenty-eight
(28) days beyond the deadline of the extended validity 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 18.3.

18.3 If the award is delayed by a period exceeding fifty-six (56) days beyond the expiry
of the initial Bid validity period, 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 to reflect any increase
in the cost of inputs over the period of extension, which for the purpose
of this adjustment, shall be the period elapsed between the date arrived
immediately after expiry of the fifty-six (56) days beyond the initial Bid
validity period and the date of notification of award;

(b) in the case of adjustable price contracts, no adjustment shall be made;

and

(c) in any case, Bid evaluation shall be based on the Bid price without taking
into consideration the applicable correction from those indicated above.

19. Bid Security

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

19.2 A Bid-Securing Declaration shall use the form included in Section IV, Bidding
Forms.

19.3 If a Bid Security amount is specified pursuant to ITB 19.1, the Bid Security shall
be a demand guarantee in any of the following forms at the Bidder’s option:

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

institution (such as an insurance, bonding or surety company);

(b) an irrevocable letter of credit;

Section I: Instructions to Bidders _____________ Page | 19

 (c) a cashier’s or certified check; or

(d) another security specified in the BDS,

The Bidders shall obtain the Bid Security from a reputable source from an eligible
country. If an unconditional guarantee is issued by a non-bank financial
institution located outside the Employer’s Country, the issuing non-bank
financial institution shall have a correspondent financial institution located in the
Employer’s Country to make it enforceable unless the Employer has agreed in
writing, prior to Bid submission, that a correspondent financial institution is not
required. In the case of a bank guarantee, the Bid Security shall be submitted
either using the Bid Security Form included in Section IV, Bidding Forms, or in
another substantially similar format approved by the Employer prior to Bid
submission. The Bid Security shall be valid for twenty-eight (28) days beyond the
original validity period of the Bid, or beyond any period of extension if requested
under ITB 18.2.

19.4 If a Bid Security in amount or Bid-Securing Declaration is specified pursuant to

ITB 19.1, any Bid not accompanied by a substantially responsive Bid Security in
amount or Bid-Securing Declaration whichever is required, shall be rejected by
the Employer as non-responsive.

19.5 If a Bid Security is specified pursuant to ITB 19.1, the Bid Security of unsuccessful
Bidders shall be returned as promptly as possible upon the successful Bidder’s
signing the Contract and furnishing the Performance Security and if required in
the BDS, the Environmental and Social (ES) Performance Security pursuant to ITB
48.

19.6 The Bid Security of the successful Bidder shall be returned as promptly as
possible once the successful Bidder has signed the Contract and furnished the
required Performance Security, and if required in the BDS, the Environmental
and Social (ES) Performance Security.

19.7 The Bid Security amount may be forfeited:

(a) if a Bidder withdraws its Bid during the period of Bid validity specified by
the Bidder on the Letter of Bid, or any extension thereto provided by the
Bidder; or

(b) if the successful Bidder fails to:

(i) sign the Contract in accordance with ITB 47; or

Section I: Instructions to Bidders _____________ Page | 20

 (ii) furnish a Performance Security and if required in the BDS, the
Environmental and Social (ES) Performance Security in accordance
with ITB 48.

19.8 The Bid Security amount or the Bid-Securing Declaration of a JV shall be in the
name of the JV that submits the Bid. If the JV has not been legally constituted
into a legally enforceable JV at the time of Bidding, the Bid Security amount or
the Bid-Securing Declaration shall be in the names of all future members as
named in the letter of intent referred to in ITB 4.1 and ITB 11.2.

19.9 If a Bid Securing Declaration is required in the BDS, pursuant to ITB 19.1, and:

(a) if a Bidder withdraws its Bid during the period of Bid validity specified by
the Bidder on the Letter of Bid or any extension thereto provided by the Bidder;
or

(b) if the successful Bidder fails to:

(i) sign the Contract in accordance with ITB 47; or

(ii) furnish a Performance Security and, if required in the BDS, the

Environmental and Social (ES) Performance Security in accordance
with ITB 48,

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

20. Format and Signing of Bid

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

20.2 Bidders shall mark as “CONFIDENTIAL” all information in their Bids which is
confidential to their business. This may include proprietary information, trade
secrets, or commercial or financially sensitive information.

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

Section I: Instructions to Bidders _____________ Page | 21

 pages of the Bid where entries or amendments have been made shall be signed
or initialled by the person signing the Bid.

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

20.5 Any inter-lineation, erasures, or overwriting shall be valid only if they are signed
or initialled by the person signing the Bid.

D. Submission and Opening of Bids

21. Sealing and Marking of Bids

21.1 The Bidder shall deliver the Bid in a single, sealed envelope (one-envelope
Bidding process). Within the single envelope the Bidder shall place the following
separate, sealed envelopes:

(a) in an envelope marked “ORIGINAL”, all documents comprising the Bid,

as described in ITB 11; and

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

(c) if alternative Bids are permitted in accordance with ITB 13, and if relevant:

(i) in an envelope marked “ORIGINAL - ALTERNATIVE BID”, the

alternative Bid; and

(ii) in the envelope marked “COPIES - ALTERNATIVE BID”, all required

copies of the alternative Bid.

21.2 The inner and outer envelopes shall:

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

(b) be addressed to the Employer in accordance with ITB 22.1;

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

accordance with BDS 1.1; and

(d) bear a warning not to open before the time and date for Bid opening.

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

Section I: Instructions to Bidders _____________ Page | 22

22. Deadline for Submission of Bids

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

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

23. Late Bids

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

24. Withdrawal, Substitution, and Modification of Bids

24.1 A Bidder may withdraw, substitute, or modify its Bid after it has been submitted
by sending a written notice, duly signed by an authorized representative, and
shall include a copy of the authorization in accordance with ITB 20.3, (except that
withdrawal notices do not require copies). The corresponding substitution or
modification of the Bid must accompany the respective written notice. All
notices must be:

(a) prepared and submitted in accordance with ITB 20 and ITB 21 (except that
withdrawals notices do not require copies), and in addition, the respective
envelopes shall be clearly marked “WITHDRAWAL,” “SUBSTITUTION,”
“MODIFICATION;” and

(b) received by the Employer prior to the deadline prescribed for submission of
Bids, in accordance with ITB 22.

24.2 Bids requested to be withdrawn in accordance with ITB 24.1 shall be returned
unopened to the Bidders.

24.3 No Bid may be withdrawn, substituted, or modified in the interval between the
deadline for submission of Bids and the expiration of the period of Bid validity
specified by the Bidder on the Letter of Bid or any extension thereof.

Section I: Instructions to Bidders _____________ Page | 23

25. Bid Opening

25.1 Except in the cases specified in ITB 23 and ITB 24.2, the Employer shall publicly
open and read out in accordance with this ITB all Bids received by the deadline,
at the date, time and place specified in the BDS, in the presence of Bidders`
designated representatives and anyone who chooses to attend. Any specific
electronic Bid opening procedures required if electronic Bidding is permitted in
accordance with ITB 22.1, shall be as specified in the BDS.

25.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and the
envelope with the corresponding Bid shall not be opened but returned to the
Bidder. No Bid withdrawal shall be permitted unless the corresponding
withdrawal notice contains a valid authorization to request the withdrawal and
is read out at Bid opening.

25.3 Next, envelopes marked “SUBSTITUTION” shall be opened and read out and
exchanged with the corresponding Bid being substituted, and the substituted
Bid shall not be opened, but returned to the Bidder. No Bid substitution shall be
permitted unless the corresponding substitution notice contains a valid
authorization to request the substitution and is read out at Bid opening.

25.4 Next, envelopes marked “MODIFICATION” shall be opened and read out with
the corresponding Bid. No Bid modification shall be permitted unless the
corresponding modification notice contains a valid authorization to request the
modification and is read out at Bid opening.

25.5 Next, all remaining envelopes shall be opened one at a time, reading out: the
name of the Bidder and whether there is a modification; the total Bid Price, per
lot (contract) if applicable, including any discounts and alternative Bids; the
presence or absence of a Bid Security or Bid-Securing Declaration, if required;
and any other details as the Employer may consider appropriate.

25.6 Only Bids, alternative Bids and discounts that are opened and read out at Bid
opening shall be considered further for evaluation. The Letter of Bid and the Bill
of Quantities are to be initialled by representatives of the Employer attending
Bid opening in the manner specified in the BDS.

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

25.8 The Employer shall prepare a record of the Bid opening that shall include, as a
minimum:

Section I: Instructions to Bidders _____________ Page | 24

 (a) the name of the Bidder and whether there is a withdrawal, substitution, or
modification;

(b) the Bid Price, per lot (contract) if applicable, including any discounts;

(c) any alternative Bids;

(d) the presence or absence of a Bid Security, if one was required.

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

E. Evaluation and Comparison of Bids

26. Confidentiality

26.1 Information relating to the evaluation of Bids and recommendation of contract

award shall not be disclosed to Bidders or any other persons not officially
concerned with the Bidding process until information on Intention to Award the
Contract is transmitted to all Bidders in accordance with ITB 43.

26.2 Any effort by a Bidder to influence the Employer in the evaluation of the Bids or
Contract award decisions may result in the rejection of its Bid.

26.3 Notwithstanding ITB 26.2, from the time of Bid opening to the time of Contract
award, if a Bidder wishes to contact the Employer on any matter related to the
Bidding process, it shall do so in writing.

27. Preliminary Examination & Clarification of Bids

27.1 Prior to the detailed evaluation, pursuant to ITB 35, the Employer will conduct
preliminary examination of all bids that have been received by the deadline for
bid submission and opened at the public bid opening as the first step towards
determination of their substantial responsiveness to the bidding document. The
Employer’s determination of a bid’s responsiveness is to be based on the
contents of the bid itself, as defined in ITB 11 without recourse to extrinsic
evidence. The Employer will verify and examine bids to determine whether they
are complete, properly signed to bind the bidder, meet eligibility requirements
of bidders, materials, equipment, and services, bidders have no conflict of
interest and have provided required Bid validity, Bid Security or Bid Securing
Declaration, as required and other essential documents to complete the
evaluation, and whether the bids are generally in order. Subject to ITB 27.2 and
27.3, Bids failing to meet the above requirements shall be rejected and not
retained for further review.

Section I: Instructions to Bidders _____________ Page | 25

27.2 To assist in the examination, evaluation, and comparison of the Bids, and
qualification of the Bidders, the Employer may, at its discretion, ask any Bidder
for a clarification of its Bid, given a reasonable time for a response. Any
clarification submitted by a Bidder that is not in response to a request by the
Employer shall not be considered. The Employer’s request for clarification and
the response shall be in writing. No change, including any voluntary increase or
decrease, in the prices or substance of the Bid shall be sought, offered, or
permitted, except to confirm the correction of arithmetic errors discovered by
the Employer in the evaluation of the Bids, in accordance with ITB 31.

27.3 If a Bidder does not provide clarifications of its Bid by the date and time set in
the Employer’s request for clarification, its Bid may be rejected.

28. Deviations, Reservations, and Omissions

28.1 During the evaluation of Bids, the following definitions apply:

(a) “Deviation” is a departure from the requirements specified in the Bidding

document;

(b) “Reservation” is the setting of limiting conditions or withholding from

complete acceptance of the requirements specified in the Bidding
document; and

(c) “Omission” is the failure to submit part or all of the information or

documentation required in the Bidding document.

29. Determination of Responsiveness

29.1 Following the rejection of Bids if any, pursuant to ITB 27, as the next step, the
remaining Bids will be further reviewed to determine their substantial
responsiveness. The Employer’s determination of a Bid’s responsiveness is to be
based on the contents of the Bid itself, as defined in ITB 11.

29.2 A substantially responsive Bid is one that meets the requirements of the Bidding
document without material deviation, reservation, or omission. A material
deviation, reservation, or omission is one that,

(a) if accepted, would:

(i) affect in any substantial way the scope, quality, or performance of the
Works specified in the Contract; or

(ii) limit in any substantial way, inconsistent with the Bidding document, the
Employer’s rights or the Bidder’s obligations under the proposed
Contract; or

Section I: Instructions to Bidders _____________ Page | 26

 (b) if rectified, would unfairly affect the competitive position of other Bidders
presenting substantially responsive Bids.

29.3 The Employer shall examine the technical aspects of the Bid in accordance with
ITB 16, ITB 17, ITB 29, ITB 30, BDS if applicable, and Section III Evaluation and
Qualification Criteria in particular, to confirm that all requirements of Section VII,
Works’ Requirements have been met without any material deviation, reservation
or omission. To this end, in consideration of the materiality of any deviations,
reservations or omissions, Bids failing to meet the mandatory technical
requirements or minimum pass-fail technical criteria or failing to substantially
meet any other technical requirements of the biding document will risk their
rejection.

29.4 The Employer shall similarly examine the commercial aspects of the bids
including any deviations, other than technical specifications, submitted in
response to the provisions of the bidding document, to determine if they
conform to the terms and conditions of the draft contract and other documents
included in the bidding document without any material deviation, reservation or
omission, and establishment of materiality in such aspects will similarly risk
rejection of the Bids.

29.5 If a Bid is not substantially responsive to the requirements of the Bidding

document, it shall be rejected by the Employer and may not subsequently be
made responsive by correction of the material deviation, reservation, or
omission. All other bids determined substantially responsive will be retained for
further evaluation.

30. Nonmaterial Nonconformities

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

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

30.3 Provided that a Bid is substantially responsive, the Employer shall rectify
quantifiable nonmaterial nonconformities related to the Bid Price. To this effect,
the Bid Price shall be adjusted, for comparison purposes only, to reflect the price
of a missing or non-conforming item or component and costs associated, if any,

Section I: Instructions to Bidders _____________ Page | 27

 with non-material deviations, reservations and omissions to the requirements of
the bidding documents in the manner specified in the BDS.

31. Correction of Arithmetical Errors

31.1 Provided that the Bid is substantially responsive, the Employer shall correct
arithmetical errors on the following basis:

(a) if there is a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity, the unit price shall
prevail and the total price shall be corrected, unless in the opinion of the
Employer there is an obvious misplacement of the decimal point in the unit
price, in which case the total price as quoted shall govern and the unit price
shall be corrected;

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

subtotals, the subtotals shall prevail and the total shall be corrected; and

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

31.2 Bidders shall be requested to accept correction of arithmetical errors. Failure to

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

32. Conversion to Single Currency

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

33. Margin of Preference

33.1 Unless otherwise specified in the BDS no margin of domestic or regional

preference shall apply. If a margin of preference is applicable, the application
methodology shall be as specified in Section III, Evaluation and Qualification
Criteria, and in accordance with the provisions stipulated in the Bank’s
Procurement Framework.

34. Subcontractors

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

Section I: Instructions to Bidders _____________ Page | 28

34.2 Bidders may propose subcontracting up to the percentage of total value of
contracts or the volume of works as specified in the BDS. Subcontractors
proposed by the Bidder shall be fully qualified for their parts of the Works.

34.3 The subcontractor’s qualifications shall not be used by the Bidder to qualify for
the Works unless their specialized parts of the Works were previously designated
by the Employer in the BDS as can be met by subcontractors referred to hereafter
as ‘Specialized Subcontractors’, in which case, the qualifications with respect to
only the specific work experience of the Specialized Subcontractors proposed by
the Bidder may be added to the qualifications of the Bidder.

35. Evaluation of Bids

35.1 The Employer shall use the criteria and methodologies listed in this 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 successful Bid or Bids in accordance with ITB
40.

35.2 To evaluate Bids, the Employer shall consider the following factors, in accordance
with the evaluation and award criteria as applicable for single contract (one lot),
lots (contracts) or packages (combination of lots) and as specified under Section
III-Evaluation and Qualification Criteria:

a) the Bid price, excluding Provisional Sums and the provision, if any, for
contingencies in the Summary Bill of Quantities, but including Daywork
items, where priced competitively;

b) price adjustment for correction of arithmetic errors in accordance with ITB

31.1;

c) price adjustment due to discounts offered in accordance with ITB 12.1, ITB
14.4, ITB 14.6 and ITB 14.7;

d) converting the amount resulting from applying (a) to (c) above, if relevant,
to a single currency in accordance with ITB 32;

e) price adjustment due to quantifiable nonmaterial nonconformities in

accordance with ITB 30.3;

f) the additional evaluation factors specified in the BDS and Section III,
Evaluation and Qualification Criteria; and

g) price adjustment due to application of Margin of Preference, if applicable,

as per BDS of ITB 33.1, and Section III, Evaluation and Qualification Criteria.

Section I: Instructions to Bidders _____________ Page | 29

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 Bids

36.1 The Employer shall compare the evaluated costs of all substantially responsive
Bids established in accordance with ITB 35.2 to determine the Bid that has the
lowest evaluated cost.

37. Abnormally Low Bids

37.1 An Abnormally Low Bid is one where the Bid price, in combination with other
elements of the Bid, appears so low that it raises material concerns as to the
capability of the Bidder in regards to the Bidder’s ability to perform the Contract
for the offered Bid Price.

37.2 In the event of identification of a potentially Abnormally Low Bid, the Employer
shall seek written clarifications from the Bidder, including detailed price analyses
of its Bid price in relation to the subject matter of the contract, scope, proposed
methodology, schedule, allocation of risks and responsibilities and any other
requirements of the Bidding document.

37.3 After evaluation of the price analyses, in the event that the Employer determines that the
Bidder has failed to demonstrate its capability to perform the Contract for the offered Bid
Price, the Employer may reject the Bid.

38. Unbalanced or Front-Loaded Bids

38.1 If the Bid that is evaluated as the lowest evaluated cost is, in the Employer’s
opinion, seriously unbalanced or front loaded, the Employer may require the
Bidder to provide written clarifications. Clarifications may include detailed price
analyses to demonstrate the consistency of the Bid prices with the scope of
works, proposed methodology, schedule and any other requirements of the
Bidding document.

38.2 After the evaluation of the information and detailed price analysis presented by
the Bidder, the Employer may as appropriate:

(a) accept the Bid; or

Section I: Instructions to Bidders _____________ Page | 30

 (b) require that the total amount of the Performance Security be increased at
the expense of the Bidder to a level not exceeding 20% of the Contract Price;
or

(c) reject the Bid.

39. Qualifications of the Bidder

39.1 The Employer shall determine to its satisfaction whether the eligible Bidder or
Bidders that is/are selected as having submitted the lowest evaluated cost and
substantially responsive Bid(s), substantially meet the qualifying criteria specified
in Section III, Evaluation and Qualification Criteria. To this end, the Employer will
determine for which Lots and Packages, and/or their combinations, as the case
may be, for which Bidder submitted bid, it substantially meets the respective
minimum qualification criteria.

39.2 The determination shall be based upon an examination of the documentary

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

39.3 An affirmative determination shall be a prerequisite for award of the Contract to

the Bidder. A negative determination shall result in disqualification of the Bid, in
which event the Employer shall proceed to the Bidder or Bidders who offered
substantially responsive Bid or Bids with the next lowest evaluated cost to make
a similar determination of such Bidders’ qualifications to perform satisfactorily.

39.4 The Employer reserves the right to waive minor deviations from the qualification
criteria if they do not materially affect the technical capability and financial
resources of the Bidder to perform the Contract or combination of Contracts.

40. Successful Bid or Bids

40.1 Having compared the evaluated costs of Bids, the Employer shall determine the
successful Bid or combination of Bids as the case may be, in accordance with the
additional Bid Evaluation Criteria as further described in Section III. Such Bid or
Bids would be those which has/have been determined to:

(a) be substantially responsive to the Bidding document;

(b) offer the lowest evaluated cost to the Employer for all works to be procured
based on either a single Contract or all multiple Contracts combined, as the
case may be, in accordance with the ITB 14.6 inviting bid prices and

Section I: Instructions to Bidders _____________ Page | 31

 discounts, and provisions made in the Bidding Document for evaluation of
bids and award of contract (s); and

(c) be offered by Bidder or Bidders that substantially meet the qualification

criteria applicable for Contract or combination of Contracts for which they
are selected.

41. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids

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

42. Standstill Period

42.1 The Contract shall not be awarded earlier than the expiry of the Standstill Period.
The Standstill Period shall be ten (10) Business Days unless extended in
accordance with ITB 46. The Standstill Period commences the day after the date
the Employer has transmitted to each Bidder the Notification of Intention to
Award the Contract. Where only one Bid is submitted, or if this contract is in
response to an emergency situation recognized by the Bank, the Standstill
Period shall not apply.

43. Notification of Intention to Award

43.1 The Employer shall send to each Bidder the Notification of Intention to Award the
Contract to the successful Bidder. The Notification of Intention to Award shall
contain, at a minimum, the following information:

(a) the name and address of the Bidder submitting the successful Bid;

(b) the Contract price of the successful Bid;

(c) the names of all Bidders who submitted Bids, and their Bid prices as readout,
and as evaluated;

(d) a statement of the reason(s) the Bid (of the unsuccessful Bidder to whom
the notification is addressed) was unsuccessful, unless the price information
in c) above already reveals the reason;

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

(f) instructions on how to request a debriefing and/or submit a complaint

during the standstill period;

Section I: Instructions to Bidders _____________ Page | 32

F. Award of Contract
44. Award Criteria

44.1 Subject to ITB 41, and unless otherwise specified in the BDS, the Employer shall
award the Contract or Contracts to the Bidder or Bidders whose Bid or Bids
has/have been determined successful in accordance with ITB 40.

45. Notification of Award

45.1 Prior to the expiry of the Bid Validity Period and upon expiry of the Standstill
Period specified in ITB 42.1 or any extension thereof, and, upon satisfactorily
addressing any complaint that has been filed within the Standstill Period, the
Employer shall notify the successful Bidder, in writing, that its Bid has been
accepted. The notification of award (hereinafter and in the Conditions of
Contract and Contract Forms called the “Letter of Acceptance”) shall specify the
sum that the Employer will pay the Contractor in consideration of the execution
of the Contract (hereinafter and in the Conditions of Contract and Contract
Forms called “the Contract Price”).

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

(a) name and address of the Employer;

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

(c) names of all Bidders that submitted Bids, and their Bid prices as read out at
Bid opening, and as evaluated;

(d) names of all Bidders whose Bids were rejected either as nonresponsive or as
not meeting qualification criteria, or were not evaluated, with the reasons
therefor;

(e) the name of the successful Bidder, the final total contract price, the contract
duration and a summary of its scope; and

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

ITB 47.1

45.3 The Contract Award Notice shall be published on the Employer’s website with
free access if available, or in at least one newspaper of national circulation in the
Employer’s Country, or in the official gazette. The Employer shall also publish the
contract award notice in UNDB online.

Section I: Instructions to Bidders _____________ Page | 33

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

46. Debriefing by the Employer

46.1 On receipt of the Employer’s Notification of Intention to Award referred to in ITB

43.1, an unsuccessful Bidder has three (3) Business Days to make a written
request to the Employer for a debriefing. The Employer shall provide a debriefing
to all unsuccessful Bidders whose request is received within this deadline.

46.2 Where a request for debriefing is received within the deadline, the Employer
shall provide a debriefing within five (5) Business Days, unless the Employer
decides, for justifiable reasons, to provide the debriefing outside this timeframe.
In that case, the standstill period shall automatically be extended until five (5)
Business Days after such debriefing is provided. If more than one debriefing is
so delayed, the standstill period shall not end earlier than five (5) Business Days
after the last debriefing takes place. The Employer shall promptly inform, by the
quickest means available, all Bidders of the extended standstill period.

46.3 Where a request for debriefing is received by the Employer later than the three
(3) Business Days 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) days deadline shall not lead to extension of the
standstill period.

46.4 Debriefings of unsuccessful Bidders may be done in writing or verbally. The Bidder
shall bear its own costs of attending such a debriefing meeting.

47. Signing of Contract

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

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

Section I: Instructions to Bidders _____________ Page | 34

48. Performance Security

48.1 Within twenty-eight (28) days of the receipt of the Letter of Acceptance from the
Employer, the successful Bidder shall furnish the Performance Security and, if
required in the BDS, the Environmental and Social (ES) Performance Security in
accordance with the General Conditions of Contract, subject to ITB 38.2 (b), using
for that purpose the Performance Security and ES Performance Security Forms
included in Section X, Contract Forms, or another form acceptable to the
Employer. If the Performance Security furnished by the successful Bidder is in the
form of a bond, it shall be issued by a bonding or insurance company that has
been determined by the successful Bidder to be acceptable to the Employer. A
foreign institution providing a bond shall have a correspondent financial
institution located in the Employer’s Country, unless the Employer has agreed in
writing that a correspondent financial institution is not required.

48.2 Failure of the successful Bidder to submit the above-mentioned Performance

Security and, if required in the BDS, the Environmental and Social (ES)
Performance Security, or sign the Contract shall constitute sufficient grounds for
the annulment of the award and forfeiture of the Bid Security. In that event the
Employer may award the Contract to the Bidder or Bidders offering the next
Lowest Evaluated Cost to the Employer as per the bid evaluation and award
criteria.

49. Procurement Related Complaint

49.1 The procedures for making a Procurement-related Complaint are as specified in

the BDS.

Section I: Instructions to Bidders _____________ Page | 35

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

A. General

ITB 1.1 The reference number of the Invitation for Bids (IFB) is: KCCA-
KCRRP/WORKS/2021-2022/00005/3
The Employer is: Kampala Capital City Authority
Name of Works: Upgrading to paved standard of 9.54km of roads,
reconstruction of 6.72km of roads and Channelization of 3.9Km of
Drainages including signalization of 5 Junctions in Lubaga, Kawempe
Makindye Division and Wakiso District (Lot 5)
The name of the IFB is: Open Competitive Bidding International (OCBI)
The number and identification of works under single or multiple lots
(contracts) comprising this IFB is: Lot 5

ITB 2.1 The Borrower is: The Government of the Republic of Uganda
Loan or Financing Agreement amount: US$ 288.00 million
The Specific Bank financing institution is: The African Development
Bank
The name of the Project is: Kampala City Roads Rehabilitation Project
(KCRRP)

ITB 4.1 (a) The firms in a Joint Venture, Consortium or Association (JV) shall be
jointly and severally liable.

ITB 4.1 (c) Maximum number of members in the Joint Venture, Consortium or
Association (JV) shall be: 04

ITB 4.1 (d) Minimum share of a member of Joint Venture, Consortium or

Association (JV) in the contract shall not be less than 25% of the total
value of the contract.

ITB 4.5 A list of debarred firms and individuals is available on the Bank’s
external website: https://www.afdb.org/en/projects-operations/
debarment-and-sanctions-procedures

Section II: Bid Data Sheet _____________ Page | 36

 B. Contents of Bidding Document

ITB 7.1 For Clarification of Bid purposes only, the Employer’s address is:
Attention: The Head, Procurement and Disposal Unit
Address: Plot 1-3 Apollo Kaggwa Road
Floor/ Room number: City Hall, Block B, Floor 1, Room B114
City: Kampala
ZIP Code: + 256
Country: Uganda
Telephone: + 256 0204660015
Facsimile number: Not Available
Electronic mail address: [email protected];
Web page: www.kcca.go.ug;

ITB 7.4 A Pre-Bid meeting shall take place at the following date, time and
place:

Date: 27th August, 2021

Time: 10:00 hours
Place: Online via Microsoft Teams

A site visit conducted by the Employer shall be organized

The Site Visits will take place at the following date and time:
Date: 24th August, 2021
Time: 10:00 hours
Place: Kasubi junction

Note: Bidders are advised to send experienced and competent

personnel for the site visits, for the purposes of assessing the risks,
contingencies and other circumstances which may influence or affect
the bid or the Works including, but not limited to, methods of
construction of the various parts (components) of the Works, sources
of materials and delivery of resources to Site. Bidders will be
responsible for their transport to the respective sites.

ITB 7.6 Web page: The website for publishing Minutes of Pre-Bid Meeting shall
be: https://www.kcca.go.ug/tenders;

Section II: Bid Data Sheet _____________ Page | 37

 C. Preparation of Bids
ITB 10.1 The language of the Bid is: English.
All correspondence exchange shall be in English language.
Language for translation of supporting documents and printed literature
is English.
ITB 11.1 (j) The Bidder shall submit the following additional documents in its Bid:
i. A certificate as evidence/reference letters demonstrating good
performance from all recent Employers within the last five (5) years
to confirm satisfactory performance.

ii. List of employers in the past the (3) years;

iii. Where a Joint Venture is proposed, a copy of the Joint Venture

Agreement entered into by all partners or a letter of intent to form
a Joint Venture;

iv. For bidders registered outside Uganda or non-Ugandan

Contractors, at least one similar contract cited as previous
experience should be outside the Bidder’s country.

The list of additional documents should also include the following:

Code of Conduct for Contractor’s Personnel (ES)
The Bidder shall submit its Code of Conduct that will apply to
Contractor’s Personnel (as defined in Sub- Clause 1.1.17 of the General
Conditions of Contract), to ensure compliance with the Contractor’s
Environmental and Social (ES) obligations under the Contract. The
Bidder shall use for this purpose the Code of Conduct form provided
in Section IV. No substantial modifications shall be made to this form,
except that the Bidder may introduce additional requirements,
including as necessary to take into account specific Contract issues/
risks.

Management Strategies and Implementation Plans (MSIP) to manage

the (ES) risks
The Bidder shall submit Management Strategies and Implementation
Plans (MSIPs) to manage Environmental and Social (ES) risks indicated
in Volume 5: Environmental and Social Management Plan

Section II: Bid Data Sheet _____________ Page | 38

ITB 13.1 Alternative Bids shall not be considered.
ITB 13.2 Alternative times for completion shall not be permitted.
ITB 13.3 Technical Alternative as per ITB 13.3 shall not be permitted.
ITB 13.4 Alternative technical solutions shall not be permitted.
ITB 14.2 The adjustment shall be based on the highest price of the item as
quoted in other substantially responsive Bids.
ITB 14.5 The prices quoted by the Bidder shall be: subject to adjustment.
A bid submitted with fixed price shall not be rejected.
ITB 14.6 Bids are invited, and Bidders shall bid for ‘Works’ as a single contract.
ITB 15.1 The currency(ies) of the Bid and the payment currency(ies) shall be as
described below:
(a) The unit rates and the prices shall be quoted by the Bidder in the
Bill of Quantities, entirely in Uganda Shillings (UGX), and further
referred to as “the local currency”. A Bidder expecting to incur
expenditures in other currencies for inputs to the Works supplied
from outside the Employer’s Country (referred to as “the foreign
currency requirements”) shall indicate in the Appendix to Bid -
Table C, the percentage(s) of the Bid Price (excluding Provisional
Sums), needed by the Bidder for the payment of such foreign
currency requirements, limited to no more than three foreign
currencies.
(b) The rates of exchange to be used by the Bidder in arriving at the
local currency equivalent and the percentage(s) mentioned in (a)
above shall be specified by the Bidder in the Appendix to Bid - Table
C, and shall apply for all payments under the Contract so that no
exchange risk will be borne by the successful Bidder.
ITB 18.1 The Bid validity period shall be valid for 126 days from the date of bid
submission.
ITB 18.3 (a) The Bid price shall be adjusted by the following factor(s): N/A
ITB 19.1 A Bid Security amount shall be required.
The amount and currency of the Bid Security is: UGX. 3,700,000,000
(Uganda Shillings Three Billion, Seven Hundred Million) or USD
1,000,000.00 (United States Dollars One Million only) or its equivalent
in any other freely convertible currency.

Section II: Bid Data Sheet _____________ Page | 39

 Note: The Bid Security shall be inform of a Bank Guarantee in the
format in Section IV of this bidding document and shall remain valid
for 28 days beyond the bid validity period.
ITB 19.3 (d) Other types of acceptable securities: None
ITB 20.1 In addition to the original of the Bid, the number of copies is: Three (3)
and 1 (one) soft copy of the entire Bid.
A soft copy of the bidder’s priced BoQ (MS Excel (xlx or xls) shall also
be part of the submission.
In the event of any discrepancy between the hardcopy and the soft
copy, the hardcopy shall prevail.
ITB 20.3 The written confirmation of authorization to sign on behalf of the
Bidder shall be in form of:

(a) a Power of Attorney; and

(b) In the case of Bids submitted by an existing or intended Joint
Venture, Consortium or Association (JVCA) an undertaking
signed by all parties shall:
(i) state that all parties shall be jointly and severally liable, if so
required in accordance with ITB 4.1(a), and
(ii) nominate a Representative who shall have the authority to
conduct all business for and on behalf of any and all the
parties of the Joint Venture, Consortium or Association (JVCA)
during the bidding process and, in the event the Joint
Venture, Consortium or Association (JVCA) is awarded the
Contract, during contract execution.
D. Submission and Opening of Bids
ITB 22.1 For Bid submission purposes only, the Employer’s address is:
Attention: The Head, Procurement and Disposal Unit
Street Address: Plot 1-3 Apollo Kaggwa Road
Floor/ Room number: 1st Floor, Block B, Room B117
City: Kampala
Country: Uganda

The deadline for Bid submission is:

Date: Friday 24th September, 2021
Time: 11:00 hours (Kampala Local Time)
Bidders shall not have the option of submitting their Bids electronically.

Section II: Bid Data Sheet _____________ Page | 40

ITB 25.1 The Bid opening shall take place at:
Street Address: Plot 1-3 Apollo Kaggwa Road
Floor/ Room number: KCCA Upper Compound
City: Kampala
Country: Uganda
Date: Friday 24th September, 2021
Time: 11:30 hours (Kampala Local Time)
ITB 25.6 The Letter of Bid and priced Bill of Quantities shall be initialled by one
(1) representative of the Employer conducting Bid opening or the
Chairperson of the Bid opening session.
E. Evaluation, and Comparison of Bids
ITB 30.3 The adjustment with respect to a missing or non-conforming item or
component, and costs associated, if any, with non-material deviations,
reservations or omissions to the requirements of the bidding
document shall be based on the highest price of the item or
component and cost, if any, of non-material deviations, reservations or
omissions as quoted in or derived from other substantially responsive
Bids unless any other specific evaluation criteria has been provided
elsewhere in the bidding document for such adjustments in which case
the latter shall be applied.

If the price or cost of any of the above cannot be derived from the
price of other substantially responsive Bids, the Employer shall use its
best estimate based on its own judgment, past experience or market
search, as considered appropriate.
ITB 32.1 The currency that shall be used for Bid evaluation and comparison
purposes to convert at the selling exchange rate all Bid prices
expressed in various currencies into a single currency is: Uganda
Shillings (UGX)

The source of exchange rate shall be The Bank of Uganda

The date for the exchange rate shall be: 28 days prior to the deadline
for submission of bids.

The currency(ies) of the Bid shall be converted into a single currency in

accordance with the procedure follows:

Section II: Bid Data Sheet _____________ Page | 41

 For comparison of Bids, the Bid Price, corrected pursuant to ITB 31, shall
first be broken down into the respective amounts payable in various
currencies by using the selling exchange rates specified by the Bidder
in accordance with ITB 15.1.

In the second step, the Employer will convert the amounts in various
currencies in which the Bid Price is payable (excluding Provisional Sums
but including Daywork where priced competitively) to the single
currency identified above at the selling rates established for similar
transactions by the authority specified and on the date stipulated
above.
ITB 33.1 A margin of domestic preference shall not apply.
A margin of regional preference shall not apply.

ITB 34.1 At this time the Employer does not intend to execute certain specific
parts of the Works by subcontractors selected in advance.

ITB 34.2 Contractor’s proposed subcontracting: Maximum percentage of

subcontracting permitted is: 40% of the total contract amount.
Bidders planning to subcontract more than 10% of total volume of work
shall specify, in the Letter of Bid, the activity (ies) or parts of the Works to
be subcontracted along with complete details of the subcontractors and
their qualification and experience.

ITB 34.3 Not Applicable

ITB 35.2 (f) Other Criteria: Additional requirements apply. These are detailed in the
evaluation criteria in Section III, Evaluation and Qualification Criteria.

39.1 The Bidder shall include in its bid the current and active contact
information including Telephone No., email address and physical
location of referees and previous Employers, as well as the address of
the location of the works. Bidders are therefore advised to ensure that
the contacts provided are current since failure to reach them may
disadvantage them.

Section II: Bid Data Sheet _____________ Page | 42

 F. Award of Contract
ITB 47.1 The successful Bidder shall submit the Beneficial Ownership Disclosure
Form.
ITB 48.1 The successful Bidder shall be required to submit an Environmental
and 48.2 and Social (ES) Performance Security.

ITB 49.1 The procedures for making a Procurement-related Complaint are detailed in
the Part B of the Operations Procurement Manual under the Procurement
Framework of the African Development Bank. If a Bidder wishes to make a
Procurement-related Complaint, the Bidder shall submit its complaint
following these procedures to the employer, in writing (by the quickest
means available, such as by email in accordance with the following:
For the attention: Dorothy Kisaka
Title/position: Executive Director
Employer: Kampala Capital City Authority
Email address: [email protected];
In summary, a Procurement-related Complaint may challenge any of the
following:
1. the terms of the Bidding Documents;
2. the purchaser’s decision to exclude a bidder from the procurement
process prior to the award of contract; and
3. the Employer’s decision to award the contract.
The Bank’s Procurement Framework stipulates that bidders may send copies
of their communications with the Borrowers to the Bank or write to the Bank
directly when, Borrowers do not respond promptly, any questions on any
issues regarding the implementation of Bank funded projects, or when the
communication is a complaint against the Borrower. In this regard, if a bidder
wishes to protest against a decision made by a Borrower or the Bank with
regards to the procurement process or wishes to inform the Bank that the
Bank’s procurement rules and/or provisions of the bidding documents have
not been complied with, an email can be sent to the following address:
Email: [email protected]

Section II: Bid Data Sheet _____________ Page | 43

Section III - Evaluation and Qualification Criteria
This section contains all the criteria that the Employer shall use to evaluate Bids and qualify
Bidders. No other factors, methods or criteria shall be used other than specified in this
Bidding document. The Bidder shall provide all the information requested in the forms
included in Section IV, Bidding Forms. Wherever a Bidder is required to state a monetary
amount, Bidders should indicate the USD equivalent using the rate of exchange
determined as follows:

• For construction turnover or financial data required for each year - Exchange rate
prevailing on the last day of the respective calendar year (in which the amounts for
that year is to be converted) was originally established.
• Value of single contract - Exchange rate prevailing on the date of the contract.

Exchange rates shall be taken from the publicly available source identified in the ITB
32.1. Any error in determining the exchange rates in the Bid may be corrected by the
Employer.

Table of Criteria

1. Successful Bid or Bids & Evaluation............................................................................................ 45

2. Qualification ......................................................................................................................................... 49

3. Contractor’s Representative and Key Personnel ................................................................... 60

4. Equipment ............................................................................................................................................. 60
1. Successful Bid or Bids & Evaluation
In continuation and accordance with ITB 40, 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 Successful Bid or Bids which
has/have been determined to:

(a) be substantially responsive to the Bidding document;

(b) offer the lowest evaluated cost to the Employer for all works to be procured
based on either a single Contract or all multiple Contracts combined, as the
case may be, in accordance with the ITB 14.6 inviting bid prices and discounts,
and provisions made of the Bidding Document for evaluation of bids and award
of contract (s); and

(c) be offered by Bidder or Bidders that substantially meet the qualification criteria
applicable for Contract or combined Contracts for which they are selected.

1.1 Evaluation (ITB 35)

In addition to the criteria listed in ITB 35.2 and BDS, the following criteria shall apply:
(i) Assessment of adequacy of Technical Proposal with Requirements (Reference
ITB 16 and ITB 29.3): The Employer will determine whether the Bids are
substantially responsive to the Technical Requirements.

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, Works’ Requirements.

The Bidder will be required to submit the following to facilitate the evaluation
process:
• Site Organisation - In this section, the bidder is required to provide an
organogram of the human resource that will execute this project. This
should include both the Head Office and Site Office staff
• Method Statement - In this section, the bidder is required to give a
detailed statement of how he intends to execute the project inclusive of
but not limited to the following; acquiring the necessary permits and
permissions, relocation of utilities, erection of temporary site facilities
and permanent civil works
• Mobilisation Schedule - In this section, the bidder is required to make a
detailed schedule of the mobilization and demobilization of all the
necessary manpower and equipment. This schedule should be produced
in MS Project 2016; duration allocated to each task, indicating

Section III: Evaluation & Qualification Criteria _____________ Page | 45

 milestones, expected shipping time for oversees plant, equipment and
materials and travel in and out of the country for the expected expatriate
staff. A softcopy of this schedule should be attached in CD format to the
bids
• Construction Schedule - In this section, the bidder is required to make a
detailed schedule of the civil works construction phase. This schedule
should be produced in MS Project 2016; well-resourced with the
expected manpower and equipment expected to undertake each
particular task, duration allocated to each task and indicating milestones.
A softcopy of this schedule should be attached in CD format to the bids.
(ii) Assessment of adequacy of Commercial Terms and Conditions of the Bid
(Reference ITB 29.4): The Employer will determine whether the Bids are
substantially responsive to the Commercial and Contractual Terms and
Conditions.

The particular requirements under the Contract which Bidders shall specifically
confirm or provide information to make this assessment is, but not limited to;

• acceptance of the conditions of the proposed contract;

• acceptable completion schedule;
• acceptability of the proposed program (work method and schedule),
including relevant drawings and charts;
• acceptable payment terms

1.2 Single and Multiple Contracts

Pursuant to ITB 14.6, and ITB 35.4 and in accordance with how bids are invited
either for “Works” or Works are grouped in lots (contracts) or packages (one or
more lots) and bids are invited for mulpiple lots or packages, evaluation and
award will be as follows:

‘Works’

Evaluation and Award Criteria for ‘Works’ as One (Single) Contract: The bids will
be evaluated for ‘Works’ and the contract will be awarded to the Bidder offering
the lowest evaluated cost to the Employer for ‘Works’, subject to the selected
Bidder substantially meeting the required qualification criteria for the contract,
and determination of substantial responsiveness of the Bid.

1.3 Alternative Completion Times

Alternative time for completion is not permitted. Bids offering completion time
longer than that specified under Part A-Contract Data under Section IX-
Particular Conditions of Contract shall be rejected.

Section III: Evaluation & Qualification Criteria _____________ Page | 46

1.4 Sustainable Procurement: Based on the following main considerations:

i) Socio-economic consideration: ESHS management strategies and

implementation plans (ESHS MSIPs) including purpose, objectives/goals,
ownership of the document.
a) Management structure; including Management
framework/organization, key ESHS staffing and definition of duties and
responsibilities;
b) ESHS analysis – comprehensiveness; including the detail of ESHS
aspects, scope and internal controls
c) Supportive/incidental plans; including presentation in relative detail
of;
- Community Management/engagement plan, strategy for
acquisition of approvals (and demonstrated knowledge of these
approvals),
- Traffic Management Plan, Safety Plan, Labour Management Plan,
Anti-Sexual Harassment strategy/Policy, Grievance Redress
Mechanism, etc.

ii) Environmentally and Socially Responsible Procurement:

a) Ownership
This refers to the structure and content of the ESHS documentation i.e.
Management Strategies and Implementation Plans.

The documentation should clearly demonstrate the bidder’s ownership to

their bid. This shall be shown by integration of safeguards, aspects including
competent staffing into the bidders’ organogram at the project level,
and/or within their structure at their headquarters. Ownership shall also be
reflected in reference to the Bidder’s performance in safeguards
management on previous assignments and reflection of ESHS management
system as part of their performance culture.

b) Scope
The scope relates to the level of detail and coverage of the project
components. Bidders are required to adequately present the related
national ESHS policy and legal framework, potential impacts and risks from
the implementation of the proposed project and mitigation measures.

The scope shall also include the bidder’s coverage of support facilities
including the Workers’ camps, equipment yards, material sources (stone
quarries, borrow pits, sand quarries, material stockpiles, etc.); strategies
for acquisition of statutory approvals, balanced presentation on ESHS
and internal ESHS controls (monitoring and reporting mechanisms).

Section III: Evaluation & Qualification Criteria _____________ Page | 47

 The sustainable procurement technical requirements will be evaluated on a
pass/fail (compliance basis)

1.5 Alternative Technical Solutions for specified parts of the Works

Alternative Technical Solutions are not permitted

1.6 Specialized Subcontractors

Not Applicable

Section III: Evaluation & Qualification Criteria _____________ Page | 48

2. Qualification
Eligibility and Qualification Criteria Compliance Requirements Documentation
Joint Venture (existing or intended)
No. Submission
Subject Requirement Single Entity All Members Each
One Member Requirements
Combined Member
1. Eligibility
1.1.1 Nationality Nationality in Must meet Must meet Must meet N/A Letter of Bid &
accordance with ITB 4.4 requirement requirement requirement Forms ELI – 1.1
and 1.2, with
attachments
1.1.2 Eligibility of Country of Origin in Must meet Must meet Must meet N/A Letter of Bid &
Materials, accordance with ITB 5 requirement requirement requirement Form ELI-1.3
Equipment
and Services
1.2 Conflict of No conflicts of interest in Must meet Must meet Must meet N/A Letter of Bid
Interest accordance with ITB 4.2 requirement requirement requirement
1.3 Bank Eligibility Not having been Must meet Must meet Must meet N/A Letter of Bid
declared ineligible by the requirement requirement requirement
Bank, as described in ITB
4.5.
1.4 State- owned Meets conditions of ITB Must meet Must meet Must meet N/A Forms ELI – 1.1
Enterprise or 4.6 requirement requirement requirement and 1.2, with
Institution of attachments
the Borrower
country
 Eligibility and Qualification Criteria Compliance Requirements Documentation
Joint Venture (existing or intended)
No. Submission
Subject Requirement Single Entity All Members Each
One Member Requirements
Combined Member
1.5 United Not having been Must meet Must meet Must meet N/A Forms ELI – 1.1
Nations excluded as a result of requirement requirement requirement and 1.2, with
resolution or prohibition in the attachments
Borrower’s Borrower’s country laws
country law or official regulations
against commercial
relations with the
Bidder’s country, or by
an act of compliance
with UN Security Council
resolution, both in
accordance with ITB 4.8
and Section V.
2. Historical Contract Non-Performance
2.1 History of Non-performance of a Must meet Must meet Must meet N/A Form CON-2
Non- contract that did not requirement requirements requirement
Performing occur as a result of
Contracts contractor default since
1st January 2015.
2.2 Suspension Not under suspension Must meet Must meet Must meet N/A Letter of Bid
Based on based on-execution of a requirement requirement requirement
Execution of Bid Securing Declaration

Section III: Evaluation & Qualification Criteria _____________ Page | 50

 Eligibility and Qualification Criteria Compliance Requirements Documentation
Joint Venture (existing or intended)
No. Submission
Subject Requirement Single Entity All Members Each
One Member Requirements
Combined Member
Bid Securing or other failures
Declaration by pursuant to ITB 4.7 and
the Employer ITB 19.9
or withdrawal
of the Bid
within Bid
validity period
or other
failures
2.3 Pending Bid’s financial position Must meet N/A Must meet N/A Form CON – 2
Litigation and prospective long- requirement requirement
term profitability still
sound according to
criteria established in 3.1
below and assuming
that all pending
litigation will be
resolved against the
Bidder
2.4 Litigation No consistent history of Must meet Must meet Must meet N/A Form CON – 2
History court/arbitral award requirement requirement requirement
decisions against the

Section III: Evaluation & Qualification Criteria _____________ Page | 51

 Eligibility and Qualification Criteria Compliance Requirements Documentation
Joint Venture (existing or intended)
No. Submission
Subject Requirement Single Entity All Members Each
One Member Requirements
Combined Member
Bidder since 1st January
2015
2.5 Declaration: Declare any civil work Must make N/A Each must N/A Form CON-3 ES
Environmental contracts that have been the make the Performance
and Social (ES) suspended or declaration. declaration. Declaration
past terminated and/or Where there Where there
performance performance security are are
called by an employer Specialized Specialized
for reasons related to Sub- Sub-
the non-compliance of contractor/s, contractor/s,
any environmental, or the the
social (including sexual Specialized Specialized
exploitation and abuse Sub- Sub-
(SEA) and gender- contractor/s contractor/s
based violence (GBV)), must also must also
or health or safety make the make the
requirements or declaration. declaration.
safeguard in the past
five years.1

1 The Employer may use this information to seek further information or clarifications in carrying out its due diligence.

Section III: Evaluation & Qualification Criteria _____________ Page | 52

 Eligibility and Qualification Criteria Compliance Requirements Documentation
Joint Venture (existing or intended)
No. Submission
Subject Requirement Single Entity All Members Each
One Member Requirements
Combined Member
3. Financial Situation and Performance
3.1 Financial (i) The Bidder shall Must meet Must meet Must meet Must meet at Form FIN – 3.1,
Capabilities demonstrate that it has requirement requirement at least least forty 3.3 and 3.4 with
access to, or has twenty-five percent (40%) attachments
available, liquid assets, percent of the
unencumbered real (25%) of the requirement
assets, lines of credit, requirement
and other financial
means (independent of
any contractual advance
payment) sufficient to
meet the construction
cash flow requirements
estimated as USD $ 5
million for the subject
contract(s) net of the
Bidder’s other
commitments

Must meet Must meet

(ii) The Bidders shall also requirement requirement
demonstrate, to the
satisfaction of the

Section III: Evaluation & Qualification Criteria _____________ Page | 53

 Eligibility and Qualification Criteria Compliance Requirements Documentation
Joint Venture (existing or intended)
No. Submission
Subject Requirement Single Entity All Members Each
One Member Requirements
Combined Member
Employer, that it has
adequate sources of
finance to meet the cash
flow requirements on
works currently in
progress and for future
Must meet N/A
contract commitments.
requirement
(iii) The audited balance
sheets or, if not required
by the laws of the
Bidder’s country, other
financial statements
acceptable to the
Employer, for the last
five (5) years shall be
submitted and must
demonstrate the current
soundness of the
Bidder’s financial
position and indicate its
prospective long-term
profitability.

Section III: Evaluation & Qualification Criteria _____________ Page | 54

 Eligibility and Qualification Criteria Compliance Requirements Documentation
Joint Venture (existing or intended)
No. Submission
Subject Requirement Single Entity All Members Each
One Member Requirements
Combined Member
3.2 Average Minimum average Must meet Must meet Must meet Must meet at Form FIN – 3.2
Annual annual construction requirement requirement at least 50% least 75% of
Construction turnover of USD 33 of the the
Turnover million calculated as requirement requirement
total certified payments
received for contracts in
progress and/or
completed within the
last 5 years, divided by 2
years
4. Experience
4.1 (a) General Experience under Must meet N/A Must meet N/A Form EXP – 4.1
Construction construction contracts in requirement requirement
Experience the role of prime
contractor, JV member,
sub-contractor, or
management contractor
for at least the last ten
(10) years, starting 1st
January 2010.

Section III: Evaluation & Qualification Criteria _____________ Page | 55

4.2 (a) Specific (i) A minimum number Must meet Must meet N/A Must meet Form EXP 4.2(a)
Construction of two (2) similar requirement requirement4 requirements
& Contract contracts specified for all
Management below that have been characteristics
Experience satisfactorily and
substantially2 completed
as a prime contractor,
joint venture member3,
management contractor
or sub-contractor
between 1st January
2015 and bid
submission deadline:
(i) 2 contracts, each of
minimum value USD
19.5 million; Or
(ii) Less than or equal to
4 contracts, each of
minimum value USD
9.75 million, but with
total value of all
contracts equal or
more than USD 39
million.

The similarity of the

contracts shall be based
physical size complexity,
construction
methods/technology or
other characteristics as Section III: Evaluation & Qualification Criteria _____________ Page | 56
described in Section VII,
Scope of Works. The
 Eligibility and Qualification Criteria Compliance Requirements Documentation
Joint Venture (existing or intended)
No. Submission
Subject Requirement Single Entity All Members Each
One Member Requirements
Combined Member
4.2 Construction The contracts executed Must meet Must meet N/A Must meet Form EXP – 4.2
(b) Experience in over a period of 2 years requirements requirements requirements (b)
Key Activities with a minimum
experience in the
following key activities:

Key Activities i. Gravel fill and 63,000 m3/ 63,000 m3/ 31,500 m3/ 35,000 m3/
subgrade - 63,000 m3 annual annual annual annual
average average average average
ii. Rock fill – 28,000 m3 28,000 m3/ 28,000 m3/ 14,000 m3/ 20,000 m3/
annual annual annual annual
average average average average
iii. Stone pitching / 32,000 m2/ 32,000 m2/ 16,000 m2/ 20,000 m2/
concrete Drain – annual annual annual annual
32,000 m2 average average average average

iv. Concrete - 32,000 m3 32,000 m3/ 32,000 m3/ 16,000 m3/ 20,000 m3/
annual annual annual annual
average average average average
v. Crushed Stone 70,000 m3/ 70,000 m3/ 35,000 m3/ 45,000 m3/
Subbase or Base – annual annual annual annual
70,000 m3 average average average average

Section III: Evaluation & Qualification Criteria _____________ Page | 57

 Eligibility and Qualification Criteria Compliance Requirements Documentation
Joint Venture (existing or intended)
No. Submission
Subject Requirement Single Entity All Members Each
One Member Requirements
Combined Member
vi. Asphalt concrete 16,000 m3/ 16,000 m3/ 8,000 m3/ 12,000 m3/
Surfacing: 16,000 m3 annual annual annual annual
average average average average
vii. Culvert installation – 14,000 m/ 14,000 m/ 7,000 m/ 10,500 m/
14,000 m annual annual annual annual
average average average average

viii.Signalizing at least 4 at least 4 at least 2 at least 1 at least 2

junctions in the last 5 junctions in junctions in junction in junctions in
years the last 5 the last 5 the last 5 the last 5
years years years years

4.2 (c) Specific For the contracts in 4.2 Must meet Must meet Must meet Must meet Form EXP – 4.2
Experience in (a) above and/or any requirement requirement requirement requirement (c)
managing ES other contracts
aspects [substantially completed
and under
implementation] as
prime contractor, joint
venture member, or
Subcontractor between
1st January 2015 and
Bid submission deadline,

Section III: Evaluation & Qualification Criteria _____________ Page | 58

 Eligibility and Qualification Criteria Compliance Requirements Documentation
Joint Venture (existing or intended)
No. Submission
Subject Requirement Single Entity All Members Each
One Member Requirements
Combined Member
experience in managing
ES risks and impacts in
the following aspects:
Safety, Environmental &
Social safeguards
management is required
i.e. (presentation of
ESHS management
profile on projects for
the previous 5 years
indicating the name of
the project, year of
implementation, name
of the funder, client, and
brief description of
safeguards management
activities carried out).

Section III: Evaluation & Qualification Criteria _____________ Page | 59

3. Contractor’s Representative and Key Personnel

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

4. Equipment

The Bidder must demonstrate that it owns or has made adequate arrangements to
lease the key equipment listed below, which must not be more than 15 years old, in
good mechanical and working condition.

No Equipment Type and Characteristics Minimum

Number required
1 Hot Mix Plant (batch type only with electronic &
computer controls and vibratory screens. 60 tons/hour 1
capacity
2 Stone crusher with screening unit (Minimum capacity 1
200 tons/ hour)
3 Asphalt Paver capable of laying 7 m width fitted with 2
Electronic sensors for automatic level control
4 Crawler Dozer + Ripper D8, 250 to 350 HP 2
5 Wheel Front End Loader 170HP 3
6 Excavators 0.25 – 0.4 m3 SAE bucket 140 HP 3
7 Tipper Truck 8m3 12
8 Dump Truck (Tipper Truck) 10 – 15 m3 6
9 Water Bowser 12,000 litres 3
10 Motor Grader 140 to 185HP 3
11 Smooth Wheeled Roller 10-12 tons 2
12 Vibrating Roller 12-14 tons 4
13 Pneumatic Tyred Roller up to 16 tons 3
14 Mechanical broom 2
15 Concrete mixer 0.5 – 1.0 m3 3
16 Concrete Transit Mixer 3
17 Mobile Crane 40 tons 2
18 Bitumen Distributor 8000litres 2
19 Road Reclaimer/ Miller/ Pulvmixer 1

Section III: Evaluation & Qualification Criteria _____________ Page | 60

 No Equipment Type and Characteristics Minimum
Number required
20 Hydraulic shovel 1.0 – 1.5 m3 4
21 Grid Roller 10 – 13.5 ton 2
22 Staff Bus 40-seater 3
23 Low-bed 1

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

Section III: Evaluation & Qualification Criteria _____________ Page | 61

 Section IV - Bidding Forms
Table of Forms
Letter of Bid................................................................................................................................................ 63
Appendix to Bid: Schedule of Adjustment Data.......................................................................... 66
Bill of Quantities ....................................................................................................................................... 69
Daywork Schedule ................................................................................................................................... 69
Summary of Specified Provisional Sums ........................................................................................ 77
Technical Bid .............................................................................................................................................. 80
Technical Bid-Base Bid........................................................................................................................... 81
Site Organization ..................................................................................................................................... 82
Method Statement .................................................................................................................................. 83
Mobilization Schedule ........................................................................................................................... 84
Construction Schedule .......................................................................................................................... 85
ES Management Strategies and Implementation Plans ........................................................... 86
Form EQU: Equipment ........................................................................................................................... 91
Bidders Qualification without prequalification ............................................................................ 97
Form CON – 2 .........................................................................................................................................102
Form CON – 3 .........................................................................................................................................105
Environmental and Social (ES) Performance Declaration ......................................................105
Form FIN – 3.1: Financial Situation and Performance .............................................................107
Form FIN – 3.2: Average Annual Construction Turnover .......................................................109
Form FIN – 3.3: Financial Resources ...............................................................................................110
Form FIN – 3.4: Current Contract Commitments / Works in Progress .............................111
Form EXP - 4.1: General Construction Experience ....................................................................113
Form EXP - 4.2(a): Specific Construction and Contract Management Experience ......114
Form EXP - 4.2(b): Construction Experience in Key Activities ..............................................117
Form EXP - 4.2(c): Specific Experience in Managing ES aspects .........................................120
Form of Bid Security - Demand Guarantee .................................................................................121
Form of Bid-Securing Declaration .............................................. Error! Bookmark not defined.
 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 in is to help Bidders in preparing this form.

Date of this Bid submission: [insert date (as day, month and year) of Bid submission]
OCBI/LCB No..: [insert number of bidding process as per procurement plan]
Invitation for Bid No.: [insert same IFB number as advertised]
Alternative No.: [insert identification No if this is a Bid for an alternative]
To: [insert complete name of Employer]

We, the undersigned, declare that:

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

(b) Eligibility of Bidder: We, including any subcontractors or suppliers for any part of the
Contract, have nationalities from eligible countries and meet the eligibility requirements
and have no conflict of interest in accordance with ITB 4;

(c) Eligibility of Materials, Equipment and Services: We meet the eligibility requirements for
Materials, Equipment and Services in accordance with ITB 5;

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

(e) Conformity: We offer to execute in conformity with the bidding document and in
accordance with the construction schedule the following Works: [insert a brief
description of the Works];

(f) Bid Price: The total price of our Bid, excluding any discounts offered in item (g) below is:
[insert the total price of the Bid 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 of each item and ‘Works’,
and in case of multiple lots or multiple packages, net price of each item, each lot and

Section IV: Bidding Forms _____________ Page | 63

 each package after application of discounts is shown below: [Specify in detail the
method that shall be used to apply the discounts and ensure clarity, unambiguity, etc.
in accordance with ITB 14.7];

(h) Bid Validity Period: Our Bid shall be valid for a period specified in BDS 18.1 (or as
amended if applicable) from the date fixed for the Bid submission deadline specified in
BDS 22.1 (or as amended if applicable), 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 [and an Environmental and Social (ES) Performance Security, Delete if not
applicable] in the forms 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 13;

(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 Bank or a debarment imposed by the Bank
in accordance with the Agreement for Mutual Enforcement of Debarment Decisions
between the 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];

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

Name of Recipient Address Reason Amount

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

Section IV: Bidding Forms _____________ Page | 64

 (n) 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;

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

(p) 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.

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

Name Address
1. ……......

2. ………..

3. ………

Name of the Bidder: *[insert complete name of person signing the Bid]

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

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

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

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

Date signed ________________________________ day of _______________________, _____

* In the case of the Bid submitted by joint venture specify the name of the Joint Venture as
Bidder or names of all members (partners) of JV and sign on behalf of the JV and not on
behalf of only one member that has been given power of attorney.

** Person signing the Bid shall have the power of attorney given by the Bidder to be attached
with the Bid. If the Bidder is a JV, the power of attorney shall be given by the JV or by all
members of the JV.

Section IV: Bidding Forms _____________ Page | 65

 Appendix to Bid: Schedule of Adjustment Data
(Applicable only if Prices are subject to adjustment as per ITB 18.3 (a) and Sub-
Criteria 13.7 of Part A-Contract Data under PC)

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

Table A. Local Currency

Bidder’s Bidder’s
Index Source Base Value
Index Description Local Currency Proposed
Code of Index and Date
Amount Weighting
A Nonadjustable — — — A: 0.2
LL Labour Component I B: 0.15-0.3
B Bitumen I C: 0.05-0.2
C Cement I D: 0.05-0.15
S Steel I E: 0.1-0.3
F Fuel I F: 0.0-0.05
M Metal Products I G: 0.0-0.25
E Equipment I H: 0.2-0.25

Total 1.00

Section IV: Bidding Forms _____________ Page | 66

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

Bidder’s
Base related Bidder’s
Index Source of Equivalent
Index description value source proposed
code index in FC1
and date currency in weighting
type/amount

Nonadjustable — — — A: 0.2
Labour II B: 0.15-0.3
Component III
Bitumen III C: 0.05-0.2
Cement III
Steel III D: 0.05-0.15
Fuel III
Metal Products III E: 0.1-0.3

Equipment F: 0.0-0.05
G: 0.0-0.25

H: 0.2-0.25

Total 1.00
Note to tables A and B above:

For B, C, D, E, F, G and H the Bidder will be required to specify a value such that the
total weighting = 1.00

Sources of Indices:

I Source of Index, Uganda Bureau of Statistics (For materials to be sourced from

outside Uganda, Bidders shall consult the Uganda Bureau of Statistics for
guidance or indicate the source of their indices from a similar body.)
II Source of Index, Official Index from home country of the majority of the
bidder’s expatriate workforce
III Source of Index to be specified by the Bidder. Indices must be Official Indices
from the source country of the input. Currency conversion factor Zo/Zc shall be
applied if the currency of payment is different from the currency of the index.

Section IV: Bidding Forms _____________ Page | 67

Base value of Indices: The date 28 days prior to bid submission deadline or the latest
official indices published by the Uganda Bureau of Statistics.

Table C. Summary of Payment Currencies

Table: Alternative A

For Whole of the Works [Insert name of Section of the Works.]

A B C D

Name of payment Amount of Rate of Local currency Percentage of

currency currency exchange equivalent Total Bid Price
(TBP)
(local C=AxB
currency per 100xC
unit of
TBP
foreign)

Local currency 1.00

Foreign currency #1

Foreign currency #2

Foreign currency # 3

Total Bid Price 100.00

Provisional sums
expressed in local
currency as detailed
in the Summary of 13,846,000,000 1.00 13,846,000,000
Specified Provisional
Sums

TOTAL BID PRICE of

(i) or (ii) as applicable
(including provisional
sum)

Section IV: Bidding Forms _____________ Page | 68

 Bill of Quantities

The Bill of Quantities is separately bound as “Volume 2”

Section IV: Bidding Forms _____________ Page | 69

 Daywork Schedule

General

1. Reference should be made to Sub-Clause 13.6 of the General Conditions. Work shall not
be executed on a daywork basis except by written order of the Engineer. Bidders shall enter
basic rates for daywork items in the Schedules, which rates shall apply to any quantity of
daywork ordered by the Engineer. Nominal quantities have been indicated against each
item of daywork, and the extended total for Daywork shall be carried forward as a
Provisional Sum to the Summary Total Bid Amount. Unless otherwise adjusted, payments
for daywork shall be subject to price adjustment in accordance with the provisions in the
Conditions of Contract.

Daywork Labour

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

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

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

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

Section IV: Bidding Forms _____________ Page | 70

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

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

Daywork Materials

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

(a) the basic rates for materials shall be calculated on the basis of the invoiced price,
freight, insurance, handling expenses, damage, losses, etc., and shall provide for
delivery to store for stockpiling at the Site. The basic rates shall be stated in local
currency, but payment will be made in the currency or currencies expended upon
presentation of supporting documentation.

(b) the additional percentage payment shall be quoted by the bidder and applied to
the equivalent local currency payments made under (a) above. Payments under
this item will be made in the following currency proportions:

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

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

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

Daywork Contractor’s Equipment

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

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

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

Section IV: Bidding Forms _____________ Page | 71

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

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

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

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

3 The bidder shall state the percentage in a single foreign currency equivalent and the exchange rates and official sources
used.

Section IV: Bidding Forms _____________ Page | 72

 Schedule of Daywork Rates: 1. Labour

Item no. Description Unit Nominal Rate Extended

quantity amount

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

Total for Daywork: Labour

(carried forward to Daywork Summary, p. )

a. To be entered by the Bidder.

Section IV: Bidding Forms _____________ Page | 73

 Schedule of Daywork Rates: 2. Materials

Item no. Description Unit Nominal Rate Extended

quantity amount

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

Total for Daywork: Materials

(carried forward to Daywork Summary, p. )

a. To be entered by the Bidder.

Section IV: Bidding Forms _____________ Page | 74

 Schedule of Daywork Rates: 3. Contractor’s Equipment

Item no. Description Nominal Basic hourly Extended

quantity rental rate amount
(hours)

Allow percenta of Subtotal for

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

Total for Daywork: Contractor’s Equipment

(carried forward to Daywork Summary, p. )

a. To be entered by the Bidder.

Section IV: Bidding Forms _____________ Page | 75

 Daywork Summary

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

Section IV: Bidding Forms _____________ Page | 76

 Summary of Specified Provisional Sums
in the Bill of Quantities

Bill no. Item no. Description Amount (UGX)

1, 5 and 6 12.02 Relocation of Services 10,750,000,000
(a) Arrange and pay for removal and/or
alteration to services provided by agencies
for electricity supply, water supply or
telecommunication services

1, 5 and 6 B12.04 (a) Demolition and Reconstruction of 220,000,000

affected fence walls

1, 5 and 6 B12.05 (a) Provision for construction of public 1,700,000,000

roadside toilets, road sideway weigh bridges,
traffic police booths, traffic barricades, bus
shelters, street markets and improvements
on roadside markets. Designs to be issued by
Supervising Consultant

1, 5 and 6 71.01 Special tests requested by the engineer: 25,000,000

(a) Tests

2 25.08 - (a) Provision for construction of drainage 24,000,000

Masiro outlet channels (Details to be provided by
Road the Engineer)

3 25.08 - (a) Provision for construction of drainage 290,000,000

Mugema outlet channels (Details to be provided by
Road the Engineer)

4 25.08 – (a) Provision for construction of drainage 246,000,000

Sentema-1 outlet channels (Details to be provided by
Road the Engineer)

Section IV: Bidding Forms _____________ Page | 77

5 25.08 – (a) Provision for construction of drainage 492,000,000
Sentema-2 outlet channels (Details to be provided by
Road the Engineer)

8 25.08 - (a) Provision for construction of drainage 24,000,000

(G1j-1) outlet channels (Details to be provided by
Nsambya the Engineer)
Road /
Hanlon
Road

Provisional sums for the Employer’s portion

of DAAB costs

Total for Specified Provisional Sums 13,846,000,000

(carried forward to Grand Summary (B), p. )

Section IV: Bidding Forms _____________ Page | 78

 Grand Summary

Contract Name:

Contract No.:

General Summary Page Amount

Bill No. 1:
Bill No. 2:
Bill No. 3:
—etc.—
Subtotal of Bills (A)
Total for Daywork (Provisional Sum)* (B)
Specified Provisional Sums not included in subtotal of billsii (C) 13,846,000,000
Total of Bills Plus Provisional Sums (A + B + C) i (D)
Add Provisional Sum for Contingency Allowance (if any) ii: None (E) 0
Bid Price (D + E) (Carried forward to Letter of Bid) (F)

i) All Provisional Sums are to be expended in whole or in part at the direction and discretion of the
Engineer in accordance with +Clause 13.5 of the General Conditions.

ii) To be entered by the Employer.

* For evaluation purpose, Provisional Sums (PS) that are specified as a fixed amount or percentage
of the contract amount shall be excluded and neither be priced or changed by Bidders. However, all
costs where a bidder is required to bid e.g. Dayworks (also called PS), and Bidder’s mark-up
(overhead, profit, etc.) for specific provisional work item (s) if included in any bill (s), to be quoted as
a percentage of the fixed PS amount specified for such item (s), will be included.

Section IV: Bidding Forms _____________ Page | 79

 Technical Bid

- Technical Bid-Base Bid

- Site Organization

- Method Statement

- Mobilization Schedule

- Construction Schedule

- ES Management Strategies and Implementation Plans

- Code of Conduct (ES)

- Equipment

- Key Personnel Schedule

Section IV: Bidding Forms _____________ Page | 80

 Technical Bid-Base Bid

[Note for information of Bidder: Bidders shall demonstrate compliance with the Employer’s
requirements and Technical Specifications as described in Section VII of the Bidding
Documents. Any departures or deviations from the required Technical Specifications shall be
highlighted and if there are none, full compliance shall be confirmed.

The Bidder shall provide the Technical Bid for the Base-Bid complete in all respect including
Technical information and standards, codes, designs and specifications, of Works offered along
with all documentation mentioned in ITB 16 and Section VII of the Bidding Document. This
will include relevant literatures, data or drawings, test results and other supporting documents,
including all information requested in the Bidding Document and as may be necessary to
establish conformity with the Employer’s Specifications and requirements.

Any deviations in the technical standards, codes, designs or specifications or other

requirements from those stated in the Bidding Documents shall be explained indicating their
impact on the performance requirements, characteristics or parameters of the works. To this
end, for any such deviations to be acceptable, Bid shall establish to the satisfaction of the
Employer substantial responsiveness to the required technical specifications by explaining and
documenting for the offered works, equivalency with or improvement to the required technical
standards, codes, designs and Specifications.

Any Major deviation from the Employer’s requirements shall be the cause for rejection of the
Bid. Any deviation which in the Bidder’s opinion is considered minor, the Bidder shall provide
evidence to this effect including evidence of any monetary implications caused by such
deviation. The Employer’s evaluation shall be independent of Bidder’s opinion on such matters
and shall be final]

Section IV: Bidding Forms _____________ Page | 81

 Site Organization
[In this section, the bidder is required to provide an organogram of the human resource that
will execute this project. This should include both the Head Office and Site Office staff.]

Section IV: Bidding Forms _____________ Page | 82

 Method Statement
[In this section, the bidder is required to give a detailed statement of how he intends to
execute the project inclusive of but not limited to the following; acquiring the necessary
permits and permissions, relocation of utilities, erection of temporary site facilities and
permanent civil works]

Section IV: Bidding Forms _____________ Page | 83

 Mobilization Schedule
[In this section, the bidder is required to make a detailed schedule of the mobilization and
demobilization of all the necessary manpower and equipment. This schedule should be
produced in MS Project 2016; duration allocated to each task, indicating milestones,
expected shipping time for oversees plant, equipment and materials and travel in and out
of the country for the expected expatriate staff. A softcopy of this schedule should be
attached in CD format to the bids]

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

Section IV: Bidding Forms _____________ Page | 84

 Construction Schedule
[In this section, the bidder is required to make a detailed schedule of the civil works
construction phase. This schedule should be produced in MS Project 2016; well-
resourced with the expected manpower and equipment expected to undertake each
particular task, duration allocated to each task and indicating milestones. A softcopy
of this schedule should be attached in CD format to the bids].

The construction schedule shall include the following key milestones:

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

Section IV: Bidding Forms _____________ Page | 85

 ES Management Strategies and Implementation Plans

(ES-MSIP)

The Bidder shall submit comprehensive and concise Environmental and Social (ES)
Management Strategies and Implementation Plans (ES-MSIP) as required by ITB 11.1
(j) of the Bid Data Sheet. These strategies and plans shall describe in detail the actions,
materials, equipment, management processes etc. that will be implemented by the
Contractor, and its subcontractors.

In developing these strategies and plans, the Bidder shall have regard to the ES
provisions of the contract including those as may be more fully described in the Works
Requirements in Section VII.

Section IV: Bidding Forms _____________ Page | 86

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

Note to the Bidder:

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

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

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

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

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

Our workplace is an environment where unsafe, offensive, abusive or violent behaviour

will not be tolerated and where all persons should feel comfortable raising issues or
concerns without fear of retaliation.

REQUIRED CONDUCT
Contractor’s Personnel shall:
1. carry out his/her duties competently and diligently;
2. comply with this Code of Conduct and all applicable laws, regulations and other
requirements, including requirements to protect the health, safety and well-
being of other Contractor’s Personnel and any other person;
3. maintain a safe working environment including by:
a. ensuring that workplaces, machinery, equipment and processes under
each person’s control are safe and without risk to health;
b. wearing required personal protective equipment;

Section IV: Bidding Forms _____________ Page | 87

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

Section IV: Bidding Forms _____________ Page | 88

The person’s identity will be kept confidential, unless reporting of allegations is
mandated by the country law. Anonymous complaints or allegations may also be
submitted and will be given all due and appropriate consideration. We take seriously
all reports of possible misconduct and will investigate and take appropriate action. We
will provide warm referrals to service providers that may help support the person who
experienced the alleged incident, as appropriate.
There will be no retaliation against any person who raises a concern in good faith about
any behaviour prohibited by this Code of Conduct. Such retaliation would be a
violation of this Code of Conduct.
There will be no retaliation against any person who raises a concern in good faith about
any behaviour prohibited by this Code of Conduct. Such retaliation would be a
violation of this Code of Conduct.
CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT
Any violation of this Code of Conduct by Contractor’s Personnel may result in serious
consequences, up to and including termination and possible referral to legal
authorities.

FOR CONTRACTOR’S PERSONNEL:

I have received a copy of this Code of Conduct written in a language that I

comprehend. I understand that if I have any questions about this Code of Conduct, I
can contact [enter name of Contractor’s contact person with relevant experience]
requesting an explanation.
Name of Contractor’s Personnel: [insert name]

Signature: __________________________________________________________

Date: (day month year): _______________________________________________

Countersignature of authorized representative of the Contractor:

Signature: ________________________________________________________
Date: (day month year): ______________________________________________

ATTACHMENT 1: Behaviours constituting Sexual Exploitation and Abuse (SEA) and

behaviours constituting Sexual Harassment (SH)

Section IV: Bidding Forms _____________ Page | 89

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

(2) Examples of sexual harassment in a work context

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

Section IV: Bidding Forms _____________ Page | 90

 Form EQU: Equipment
The Bidder shall provide adequate information to demonstrate clearly that it has the
capability to meet the requirements for the key equipment listed in Section III, Evaluation
and Qualification Criteria. A separate Form shall be prepared for each item of equipment
listed, or for alternative equipment proposed by the Bidder.

Item of equipment

Equipment Name of manufacturer Model and power rating

information

Capacity Year of manufacture

Current Current location

status

Details of current commitments

Source Indicate source of the equipment

 Owned  Rented  Leased  Specially
manufactured

Omit the following information for equipment owned by the Bidder.

Owner Name of owner

Address of owner

Telephone Contact name and title

Fax Telex
Agreements Details of rental / lease / manufacture agreements specific to the
project

Section IV: Bidding Forms _____________ Page | 91

 Form PER -1

Contractor’s Representative and Key Personnel

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

Contractor’ Representative and Key Personnel

1. Title of position: Contractor’s Representative

Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position
appointment: will be engaged]

Time commitment: [insert the number of days/week/months/ that has been scheduled for
for this position: this position]

Expected time [insert the expected time schedule for this position (e.g. attach high
schedule for this level Gantt chart]
position:

2. Title of position: [Environmental Specialist]

Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position
appointment: will be engaged]

Time commitment: [insert the number of days/week/months/ that has been scheduled for
for this position: this position]

Expected time [insert the expected time schedule for this position (e.g. attach high
schedule for this level Gantt chart]
position:

3. Title of position: [Health and Safety Specialist]

Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position
appointment: will be engaged]

Section IV: Bidding Forms _____________ Page | 92

 Time commitment: [insert the number of days/week/months/ that has been scheduled for
for this position: this position]

Expected time [insert the expected time schedule for this position (e.g. attach high
schedule for this level Gantt chart]
position:

4. Title of position: [Social Specialist]

Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position
appointment: will be engaged]

Time commitment: [insert the number of days/week/months/ that has been scheduled for
for this position: this position]

Expected time [insert the expected time schedule for this position (e.g. attach high
schedule for this level Gantt chart]
position:

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

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

Name of candidate

Duration of [insert the whole period (start and end dates) for which this position
appointment: will be engaged]

Time commitment: [insert the number of days/week/months/ that has been scheduled for
for this position: this position]

Expected time [insert the expected time schedule for this position (e.g. attach high
schedule for this level Gantt chart]
position:

6. Title of position: [insert title]

Name of candidate
Duration of [insert the whole period (start and end dates) for which this position
appointment: will be engaged]

Time commitment: [insert the number of days/week/months/ that has been scheduled for
for this position: this position]

Expected time [insert the expected time schedule for this position (e.g. attach high
schedule for this level Gantt chart]
position:

Section IV: Bidding Forms _____________ Page | 93

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

Name of Bidder

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

Personnel Name: Date of birth:

information

Address: E-mail:

Professional qualifications:

Academic qualifications:

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

writing skills]

Details

Address of employer:

Telephone: Contact (manager / personnel

officer):

Fax:

Job title: Years with present employer:

Summarize professional experience in reverse chronological order. Indicate particular

technical and managerial experience relevant to the project.

Section IV: Bidding Forms _____________ Page | 94

 Duration of
Project Role Relevant experience
involvement

[main [role and

[time in [describe the experience relevant to this
project responsibilities on
role] position]
details] the project]

Declaration
I, the undersigned [insert either “Contractor’s Representative” or “Key Personnel” as
applicable], certify that to the best of my knowledge and belief, the information contained in
this Form PER-2 correctly describes myself, my qualifications and my experience.
I confirm that I am available as certified in the following table and throughout the expected
time schedule for this position as provided in the Bid:

Commitment Details

Commitment to duration of [insert period (start and end dates) for which this
contract: Contractor’s Representative or Key Personnel is
available to work on this contract]

Time commitment: [insert period (start and end dates) for which this
Contractor’s Representative or Key Personnel is
available to work on this contract]

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

(a) be taken into consideration during Bid evaluation;
(b) result in my disqualification from participating in the Bid;
(c) result in my dismissal from the contract.
Name of Contractor’s Representative or Key Personnel: [insert name]
Signature: __________________________________________________________
Date: (day month year): _______________________________________________
Countersignature of authorized representative of the Bidder:
Signature: ________________________________________________________
Date: (day month year): ______________________________________________

Section IV: Bidding Forms _____________ Page | 95

 Commercial Terms and Conditions

[Bidder shall specify any deviations to the provisions of the Bidding Document (other
than Technical Specifications) in particular those specified in Part 3 of the Bidding
document including General and Particular Conditions of Contract. If “None” it shall
be confirmed accordingly]

Section IV: Bidding Forms _____________ Page | 96

 Bidders Qualification without prequalification
To establish its qualifications to perform the contract in accordance with Section III,
Evaluation and Qualification Criteria the Bidder shall provide the information
requested in the corresponding Information Sheets included hereunder.

Section IV: Bidding Forms _____________ Page | 97

 Form ELI -1.1
Bidder Information Form
Date: _________________
OCBI/LCB No. and title: _________________
Page __________of _______________pages

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

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

Bidder's authorized representative information

Name: _____________________________________
Address: ___________________________________
Telephone/Fax numbers: _______________________
E-mail address: ______________________________
1. Attached are copies of original documents of
 Articles of Incorporation (or equivalent documents of constitution or association), and/or
documents of registration of the legal entity named above, in accordance with ITB 4.4
 In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1
 In case of state-owned enterprise or institution, in accordance with ITB 4.6, documents
establishing:
• Legal and financial autonomy
• Operation under commercial law
• Establishing that the Bidder is not under the supervision of the Employer
2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
[If required under BDS ITB 47.1, the successful Bidder shall provide additional information on
beneficial ownership, using the Beneficial Ownership Disclosure Form.]

Section IV: Bidding Forms _____________ Page | 98

 Form ELI -1.2
Bidder's JV Information Form
(to be completed for each member of Bidder’s JV)

Bidder’s Name: _____________

Date: _______________
JV Member’s Name_________________________
OCBI/LCB No. and title: __________________
Page _______________ of ____________ pages

Name of the Reporting Firm________

JV Information of the Reporting Firm

Bidder’s JV name:

JV member’s name:

JV member’s country of registration:

JV member’s year of constitution:

JV member’s legal address in country of constitution:

JV member’s authorized representative information

Name: ____________________________________
Address: __________________________________
Telephone/Fax numbers: _____________________
E-mail address: _____________________________
1. Attached are copies of original documents of
 Articles of Incorporation (or equivalent documents of constitution or association), and/or
registration documents of the legal entity named above, in accordance with ITB 4.4.
 In case of a state-owned enterprise or institution, documents establishing legal and financial
autonomy, operation in accordance with commercial law, and that they are not under the
supervision of the Employer, in accordance with ITB 4.6.
2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
[If required under BDS ITB 47.1, the successful Bidder shall provide additional information on
beneficial ownership for each JV member using the Beneficial Ownership Disclosure Form.]

Section IV: Bidding Forms _____________ Page | 99

 Form ELI -1.3

Eligible Materials, Equipment and Services Form

(to be completed by the Bidder)

Bidder’s Name: _____________

Date: _______________
OCBI/LCB No. and title: _________________
Page _______of ____________ pages

Eligible Materials, Equipment and Services: In compliance with ITB 5, provide the following
information for all Materials, Equipment and Services included under the Contract. Instead of
listing each and every item, broad categories are listed below. Include all items in these
categories unless any item to be supplied is not covered by any one of them in which case list
them separately.

1 2 3 5

S. Description of Broad Category Estimated Estimated Countries of

No. of Materials/Equipment and Quantity- Aggregate Origin
Services [Indicate: “All Value (US
quantity as Dollar
required” or Equivalent)
quantity by
subcategory of
items]

1 All Construction and Testing

Materials including raw
materials, Cement, Steel,
Timber, Lime, Sand,
Aggregates, Plastics, Bitumen,
Oils, Lubricants, etc. as per
specification

2 All types of Plants, Equipment

including Laboratory and
Testing Equipment, All types of
Vehicles, Furniture, Fittings and
Fixtures, Pipes, Tools, Steel and
Other Structures, Utensils,
Computers and Other IT

Section IV: Bidding Forms _____________ Page | 100

 Equipment, etc. as per
specification

3 All Types of Services including

Construction, Installation,
Assembly, Inspection,
Supervision, Care of Sites,
Labor (Skilled and Unskilled),
Drilling, Mapping,
Transportation and Insurance,
etc. as per specification

Section IV: Bidding Forms _____________ Page | 101

 Form CON – 2
Historical Contract Non-Performance, Pending Litigation
and Litigation History
[The form shall be filled in by the Bidder, and each member of a Joint Venture, if the Bidder is a JV]

Bidder’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
OCBI/LCB No. and title: ___________________________
Page _______________of ______________pages

Name of the Reporting Firm__________________

Historical Contract Non-Performance, Pending Litigation and Litigation History of the

Reporting Firm

Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria

 Contract non-performance did not occur since 1st January [insert year] specified in Section III,
Evaluation and Qualification Criteria, Sub-Factor 2.1.
 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and
Qualification Criteria, requirement 2.1
Year Non- Contract Identification Total Contract
performed Amount (current
portion of value, currency,
contract exchange rate
and US$
equivalent)
[insert [insert amount Contract Identification: [indicate complete contract [insert amount]
year] and name/ number, and any other identification]
percentage] Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for non-performance: [indicate main
reason(s)]

Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria

 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria,
Sub-Factor 2.3.

 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-
Factor 2.3 as indicated below.

Section IV: Bidding Forms _____________ Page | 102

 Year of Amount in Contract Identification Total Contract
dispute dispute (currency) Amount
(currency),
USD
Equivalent
(exchange
rate)

Contract Identification: _________

Name of Employer: ____________
Address of Employer: __________
Matter in dispute: ______________
Party who initiated the dispute: ____

Status of dispute: ___________

Contract Identification:
Name of Employer:
Address of Employer:
Matter in dispute:
Party who initiated the dispute:
Status of dispute:

Litigation History in accordance with Section III, Evaluation and Qualification Criteria

 No Litigation History in accordance with Section III, Evaluation and Qualification

Criteria, Sub-Factor 2.4.

 Litigation History in accordance with Section III, Evaluation and Qualification Criteria,
Sub-Factor 2.4 as indicated below.

Section IV: Bidding Forms _____________ Page | 103

 Year of Outcome as Contract Identification Total Contract
award percentage of Net Amount
Worth (currency),
USD
Equivalent
(exchange
rate)

[insert [insert Contract Identification: [indicate [insert

year] percentage] complete contract name, number, and amount]
any other identification]

Name of Employer: [insert full name]

Address of Employer: [insert

street/city/country]

Matter in dispute: [indicate main issues

in dispute]

Party who initiated the dispute:

[indicate “Employer” or “Contractor”]

Reason(s) for Litigation and award

decision [indicate main reason(s)]

Section IV: Bidding Forms _____________ Page | 104

 Form CON – 3
Environmental and Social (ES) Performance Declaration
[The following table shall be filled in by the Bidder, by each member of a Joint Venture and each
Specialized Subcontractor]

Bidder’s Name: [insert full name]

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

Name of the Reporting Firm_______________

Environmental and Social (ES) Performance Declaration of the Reporting Firm

Environmental and Social Performance Declaration

in accordance with Section III, Qualification Criteria, and Requirements

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

Year Contract Identification Total Contract

Amount (current
value, currency,
exchange rate
and US$
equivalent)
[insert Contract Identification: [indicate complete contract name/ number, [insert amount]
year] and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for calling of performance security: [indicate main
reason(s) e.g. for gender-based violence; sexual exploitation, or sexual
abuse breaches]

Section IV: Bidding Forms _____________ Page | 106

 Form FIN – 3.1: Financial Situation and Performance
[The form shall be filled in by the Bidder, and each member of a Joint Venture, if the Bidder is a JV]

Bidder’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
OCBI/LCB No. and title: ___________________________
Page _______________of ______________pages

Name of the Reporting Firm_____________

Financial Situation and Performance of the Reporting Firm

1. Financial data

Type of Financial information in Historic information for previous _________years,

(currency) ______________

(amount in currency, currency, exchange rate*, USD equivalent)

Year 1 Year 2 Year 3 Year 4 Year 5

Statement of Financial Position (Information from Balance Sheet)

Total Assets (TA)

Total Liabilities (TL)

Total Equity/Net Worth (NW)

Current Assets (CA)

Current Liabilities (CL)

Working Capital (WC)

Information from Income Statement

Total Revenue (TR)

Section IV: Bidding Forms _____________ Page | 107

Profits Before Taxes (PBT)

Cash Flow Information

Cash Flow from Operating

Activities

*Refer to ITB 15 for the exchange rate

2. Sources of Finance

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

No. Source of finance Amount (US$ equivalent)

3. Financial documents

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

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

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

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

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

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

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

Section IV: Bidding Forms _____________ Page | 108

 Form FIN – 3.2: Average Annual Construction Turnover
[The form shall be filled in by the Bidder, and each member of a Joint Venture, if the Bidder is a JV]
Bidder’s Name: ________________
Date: ______________________
JV Member’s Name_________________________
OCBI/LCB No. and title: ___________________________
Page _______________of ______________pages

Name of the Reporting Firm__________________

Average Annual Construction Turnover of the Reporting Firm

Annual turnover data (construction only)

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

Average
Annual
Construction
Turnover *

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

Section IV: Bidding Forms _____________ Page | 109

 Form FIN – 3.3: Financial Resources
[The form shall be filled in by the Bidder, and each member of a Joint Venture, if the Bidder is a JV]

Bidder’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
OCBI/LCB No. and title: ___________________________
Page _______________of ______________pages

Name of Reporting Firm: ______________

Financial Resources of the Reporting Firm

Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines
of credit, and other financial means, net of current commitments, available to meet the total
construction cash flow demands of the subject contract or contracts as specified in Section III,
Evaluation and Qualification Criteria consistent with information provided under form FIN--3.4

Financial Resources

No. Source of financing Amount (US$ equivalent)

Section IV: Bidding Forms _____________ Page | 110

 Form FIN – 3.4: Current Contract Commitments / Works
in Progress

[The form shall be filled in by the Bidder, and each member of a Joint Venture, if the Bidder is a JV]

Bidder’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
OCBI/LCB No. and title: ___________________________
Page _______________of ______________pages

Name of Reporting Firm: _________________

Current Contract Commitments / Works in Progress of the Reporting Firm

Bidders and each member to a JV should provide information on their current commitments
on all contracts that have been awarded, or for which a letter of intent or acceptance has been
received, or for contracts approaching completion, but for which an unqualified, full
completion certificate has yet to be issued.

Based on value of all outstanding works and average monthly invoicing, the Bidder and each
Member to a JV shall explain how completion by estimated time is proposed to be achieved
for each contract listed.

The Bidder and each Member of a JV shall also demonstrate based on access to, or availability
of, financial resources such as liquid assets, unencumbered real assets, lines of credit, and other
financial means, other than any contractual advance payments consistent with information
provided by the Bidder/Each JV Member under Forms FIN--3.1, FIN 3.3 and this Form FIN 3.4
how the overall cash flow requirements for this Contract and their all other current contract
commitments will be met.

Section IV: Bidding Forms _____________ Page | 111

Current Contract Commitments and Cash-Flow Requirements

1 2 3 4 5 6 7

S. No. Name Employer’s Value of Estimated Average Estimated

of Contact Outstanding Completion Monthly Cash-Flow
Contract Address, Work Date/Time Invoicing Required for
Tel, Fax [Current US$ in Months Over Last Six every 4
Equivalent] to complete Months months=
[US$/month] [Value
under
column 4
divided by
Months
under
column 5
times 4]

Explanation:

Section IV: Bidding Forms _____________ Page | 112

 Form EXP - 4.1: General Construction Experience
[The form shall be filled in by the Bidder, and each member of a Joint Venture, if the Bidder is a JV]

Bidder’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
OCBI/LCB No. and title: ___________________________
Page _______________of ______________pages

Name of the Reporting Firm_____________

General Construction Experience of the Reporting Firm

Starting Ending Role of

Contract Identification
Year Year Bidder
Contract name: ____________________
Brief Description of the Works performed by the
Bidder: _____________________________
Amount of contract: ___________________
Name of Employer: ____________________
Address: _____________________________
Contract name: _________________________
Brief Description of the Works performed by the
Bidder: _____________________________
Amount of contract: ___________________
Name of Employer: ___________________
Address: _________________________
Contract name: ________________________
Brief Description of the Works performed by the
Bidder: __________________________
Amount of contract: ___________________
Name of Employer: ___________________
Address: _________________________

Section IV: Bidding Forms _____________ Page | 113

 Form EXP - 4.2(a): Specific Construction and Contract
Management Experience
[The form shall be filled in by the Bidder, and each member of a Joint Venture, if the Bidder is a JV
and specialized Sub-Contractors, if applicable]

Bidder’s Name: ________________

Date: ______________________
JV Member’s Name if the Bidder is a JV_____________________
Specialized Subcontractor’s Name [Insert full name if permitted] ___________
OCBI/LCB No. and title: ___________________________
Page _______________of ______________pages

Name of the Reporting Firm_______________

Specific Construction and Contract Management Experience of the Reporting Firm

Similar Contract No. Information

Contract Identification [insert contract name and number, if applicable]

Name of the firm that was awarded the contract
identified above

Award date [insert day, month, year, e.g., 15 June 2016]

**
Completion date [insert day, month, year, e.g., 03 May 2018]

Role in Contract identified above

[check the appropriate box. Check box as
“Prime Contractor” if contract was awarded to
the reporting firm as a single construction
contractor. Check Box “Member in JV” if the
contract was awarded to a JV and was a
member of the JV. Check Box “Management
Contractor” if the reporting firm signed the Managemen
Prime Member in Sub-
construction contract and was responsible for Contractor t Contractor
JV contractor
its performance and completion of works as   *** 

per terms and conditions of the contract. Also
see *** below. Check Box “Sub-Contractor” if
the reporting firm was a sub-contractor
appointed by the main contractor who was
awarded the contract]

Section IV: Bidding Forms _____________ Page | 114

Total Contract Amount [insert total contract US$ [insert
amount in local currency]
Exchange rate and
total contract amount
in US$

equivalent]*
If reporting firm was a member in a “JV” or [insert the [insert [insert exchange rate
“sub-contractor”, as per box checked above, it percentage amount the and total contract
can claim experience only for its’ own share of of the total reporting firm amount in US$
works actually performed under the contract contract received or equivalent]*
and not the entire contract. As such, the amount entitled to for
reporting firm shall indicate its share as a indicated the works
percentage of the total Contract amount and above performed as
also in absolute amount which its share in
represents the total
reporting contract
firm’s share amount in
under the local
contract currency]
performed]
Roles and Responsibilities [Briefly describe roles and responsibilities of the
Reporting firm under the above contract]
Employer's Name: [Insert Full Name]
Address: [indicate street / number / town or city /
Telephone/fax number country]
[insert telephone/fax numbers, including country
and
E-mail:
city area codes]
[insert e-mail address, if available]

* Refer Section III for guidance on the date and source of exchange rate.
** If contract is not fully completed but substantially completed then indicate the absolute total value
of the completed part of the contract and also the percentage completion calculated as a
percentage of the total value of the contract upon completion.
*** In claiming experience as a Management Contractor, the Bidder shall furnish copies of the contracts
signed by the Bidder demonstrating scope of construction works performed. It should be noted
that a Construction Manager is not the same as a Management Contractor. Construction Manager
is a Consultant for or agent of the Borrower and mainly responsible for supervision of the
construction works and does not take the risks associated with the performance of the construction
contracts as the Management Contractor does. Instead of performing the works directly, a
Management Contractor contracts out and manages the work of other contractors taking on full
responsibility and risk for price, quality and timely performance as per the terms and conditions of
contracts it signs with the Employers.

Section IV: Bidding Forms _____________ Page | 115

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

Similar Contract No. Information

Description of the similarity in accordance
with Sub-Factor 4.2(a) of Section III:

1. Amount
2. Physical size of required works items
3. Complexity
4. Methods/Technology
5. Construction rate for key activities

6. Other Characteristics

Section IV: Bidding Forms _____________ Page | 116

 Form EXP - 4.2(b): Construction Experience in Key
Activities
[The form shall be filled in by the Bidder, and each member of a Joint Venture, if the
Bidder is a JV and specialized Sub-Contractors, if applicable]

Bidder's Name: ________________

Date: ___________________
Bidder's JV Member Name: __________________
Sub-contractor's Name2 (as per ITB 34): ________________
OCBI/LCB No. and title: _____________________
Page __________________of ________________pages

Name of the Reporting Firm______________

Construction Experience in Key Activities of the Reporting Firm under each contract
completed or under implementation

Bidder, Members of the JV or proposed Specialized Contractors claiming experience

for key activities must complete the information in this form as per ITB 34 and Section
III, Evaluation and Qualification Criteria, Sub-Factor 4.2. [Provide information for each
contract separately when claiming experience by aggregating quantities of the key activity
completed in more than one contract]

1. Key Activity No One: ________________________

Information
Contract Identification
Award date
Completion date as per Contract

Role in Contract Prime Member in Management Sub-

Contractor JV Contractor contractor
   
Total Contract Amount
US$

2
If applicable

Section IV: Bidding Forms _____________ Page | 117

 Information
Description of the key activities in Information
accordance with Sub-Factor 4.2(b) of
Section III:
[insert response to Employer’s inquiry indicated in left

column]

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

production, as applicable for the Key the contract participation Quantity
activity) performed under the contract (i) Performed
(ii)
per year or part of the year. For each (i) x (ii)
year indicate quantities performed
and specify both start and end
months.

[Insert extent of participation

indicating actual quantity of key
activity successfully completed in the
role performed]

Year 1 [e.g. 2016 from January to

September]
Year 2 [e.g. 2017 from January to
December]
Year 3
Year 4
In response to the criterion for rates of
production in 12 consecutive months
or less, if performance under more
than one contract spread over more
than one year are considered, the
Applicant shall provide information by
months for each such contract to
demonstrate which same 12
consecutiveName:
Employer’s months meet the
minimum rate of production.

Section IV: Bidding Forms _____________ Page | 118

 Information
Address:
Telephone/fax number
E-mail:

2. Activity No. Two

3. …………………

Section IV: Bidding Forms _____________ Page | 119

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

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

Bidder's Name: ________________

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

Page __________________ of ________________pages

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

Contract Identification
Award date
Completion date
Role in Contract Prime Member in Management
Subcontractor
Contractor JV Contractor

Total Contract Amount

US$

Details of relevant experience

(Make reference to previous projects
completed in the last 5 years reflecting
the project name, client, funder, and
summary of EHS management
activities undertaken).

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

3. Key Requirement no 3 in accordance with 4.2 (c): __________

Section IV: Bidding Forms _____________ Page | 120

 Form of Bid Security - Demand Guarantee

[Guarantor letterhead or SWIFT identifier code]

Beneficiary: _____________________________ [Insert name and address of the Employer]

Invitation for Bids No: _____ [Insert reference number for the Invitation for Bids]
OCBI/LCB No.: ________ [Employer to insert same OCBI number as in procurement plan]
Date: __________________________ [Insert date of issue]
BID GUARANTEE No.: __________________________ [Insert guarantee reference number]
Guarantor: ________________ [Insert Guarantor’s name and address of place of issue, unless
indicated in the letterhead]

We have been informed that __________________________ (hereinafter called "the

Applicant") has submitted or will submit to the Beneficiary its Bid (hereinafter called
"the Bid") for the execution of ________________ under Invitation for Bids No. ___________
(“the IFB”) and Open Competitive Bidding (International) No--------------------- (“the OCBI”).

Furthermore, we understand that, according to the Beneficiary’s conditions, Bids must

be supported by a Bid guarantee.

At the request of the Applicant to issue this guarantee, 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 during the period of Bid validity set forth in the Applicant’s
Letter of Bid (“the Bid Validity Period”), or any extension thereto provided by the
Applicant; or

(b) having been notified of the acceptance of its Bid by the Beneficiary during the
Bid Validity Period or any extension thereto provided by the Applicant, (i) has
failed to execute the contract agreement, or (ii) has failed to furnish the
Performance Security and, if required, the Environmental and Social (ES)
Performance Security, in accordance with the Instructions to Bidders (“ITB”) of the
Beneficiary’s Bidding document.

This guarantee will expire: (a) if the Applicant is the successful Bidder, upon our receipt
of copies of the contract agreement signed by the Applicant and the Performance
Security and, if required, the Environmental and Social (ES) Performance Security,
issued to the Beneficiary in relation to such contract agreement; or (b) if the Applicant
is not the successful Bidder, upon the earlier of (i) our receipt of a copy of the

Section IV: Bidding Forms _____________ Page | 121

Beneficiary’s notification to the Applicant of the results of the Bidding process; or (ii)
twenty-eight days after the end of the Bid Validity Period.

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: In case the Applicant is a Joint Venture indicate the name of the Joint Venture or
names of all members of the Joint Venture that submitted or will submit the Bid]

Section IV: Bidding Forms _____________ Page | 122

Section V - Eligible Countries
Eligibility for the Provision of Goods, Works and Non-Consulting Services in
Bank-Financed Procurement

A. Provisions under Section 5 “Eligibility” of the Procurement Policy for Bank Group Funded
Operations and Chapter A2 of the Operations Procurement Manual under Procurement
Framework of the African Development Bank

1. The African Development Fund permits firms and individuals from all countries to offer
goods, works and services for ADF funded projects. However, the proceeds of any
Financing undertaken in the operations of the African Development Bank and the Nigeria
Trust Fund shall be used for procurement of goods and works, including the related
services, provided by bidders from Eligible1 Countries.2 Any conditions for participation
shall be limited to those that are essential to ensure the firm’s capability to fulfill the
contract in question. In the case of ADB and NTF, bidders from non-Member Countries
offering goods, works and related services (including transportation and insurance) are not
eligible even if they offer these from Eligible Member Countries. Any waiver to this rule will
be in accordance with the Articles 17(1) (d) of the Agreement Establishing the African
Development Bank and 4.1 of the Agreement Establishing the Nigeria Trust Fund.

B. Rules and Procedures for Procurement of Goods and Works

Overview
1. The eligibility criteria for participation in the supply of goods, works and related services,
to be procured through the ADB and NTF Financing, derive from the requirements of the
Agreement Establishing the African Development Bank, Article 17.1.d, and the Agreement
Establishing the Nigeria Trust Fund, Article 4.1. The foregoing requirements basically
prescribe two types of eligibility criteria:

(a) The eligibility of the bidder;

(b) The eligibility of the goods, works and related services.

Eligibility of the Bidder

2. The eligibility of the bidder shall be based on nationality, in accordance with the following
rules:

(a) Natural Persons: A natural person is eligible if he or she is a national of a Member

Country of the Bank, or a State Participant of the Fund. Where a person has more than
one nationality, such a person shall be eligible if the nationality indicated in his or her
bid is that of a Member Country of the Bank, or a State Participant of the Fund.

1 Refer to Bank Procurement Framework for additional information on Eligibility.

2 “Eligible Countries" shall mean: (a) in the case of the African Development Bank and the Nigeria trust Fund, the Member
Countries of the African Development Bank; and (b) in the case of the African Development Fund, any country.
 (b) Corporations: A corporation is eligible if it satisfies the following criteria:
1. it is incorporated in a country that is a Member of the Bank, or State Participant of
the Fund;
2. it is a national of a country that is a Member of the Bank, or State Participant of the
Fund, as determined by the law of its place of incorporation;
3. it has its principal place of business in a country that is a Member of the Bank, or
State Participant of the Fund.
(c) Joint Ventures and Associations: An unincorporated joint venture, partnership,
or association, shall be eligible if more than 50% of the value of its works
and/or services is executed by its members satisfying the eligibility
requirements for individuals or corporations.
Eligibility of the Goods, Works and Related Services
3. In order to be eligible, the goods to be procured must have been mined, grown, or
produced, in the form in which they are purchased, in an Eligible Member Country.

4. For works contracts, which may include civil works, plant construction, or turnkey contracts,
the contractor must satisfy the nationality criteria of eligibility, either as a natural person,
or corporation, or joint venture and association. Labour, equipment, and materials needed
for carrying out the works contract, shall be supplied from Eligible Member Countries.

5. For contracts, which have been awarded on the basis of Cost, Insurance and Freight (CIF),
or Carriage and Insurance Paid (CIP), bidders shall be free to arrange for ocean and other
transportation, and the related insurance, from any Eligible Member Country. On the other
hand, where goods are shipped on FOB basis, and the Bank has agreed to finance
transportation and insurance separately, which are arranged by the purchaser, under a
separate contract, the Bank shall be satisfied that the services are supplied from Eligible
Member Countries.

List of Eligible Countries

6. List of Eligible countries can be found in African Development Bank’s website:

https://www.afdb.org/en/about-us/corporate-information/members/

Ineligible Countries in reference to ITB 4.8 and ITB 5.1

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

Under ITB 4.8(a) and ITB 5.1: [insert a list of the countries following approval by the Bank to
apply the restriction or state “none”].

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

Section V: Eligible Countries _____________ Page | 124

Section VI - Fraud and Corruption
1. Purpose

1.1 The Bank’s Integrity Framework 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), consultants, contractors and suppliers; any sub-contractors, sub-consultants,
service providers or suppliers; any agents (whether declared or not); and any of their
personnel, observe the highest standard of ethics during the procurement process,
selection and contract execution of Bank-financed contracts, and refrain from Fraud and
Corruption.

2.2 To this end, the Bank:

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

Section VI: Fraud & Corruption _____________ Page | 125

 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 mis-procurement, if the Bank
determines at any time that representatives of the Borrower or of a recipient of any
part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive, or
obstructive practices during the procurement process, selection and/or execution of
the contract in question, without the Borrower having taken timely and appropriate
action satisfactory to the Bank to address such practices when they occur, including by
failing to inform the Bank in a timely manner at the time they knew of the practices;
d. Pursuant to the Banks Integrity Framework 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;12 (ii) to be a nominated13 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 documents and in contracts financed by
a Bank loan, requiring (i) bidders (applicants), consultants, contractors, and suppliers:
and their sub-contractors, sub-consultants, service providers, suppliers, agents,
personnel, permit the Bank to inspect14 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.

12 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.
13 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.
14 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 VI: Fraud & Corruption _____________ Page | 126

Part 2: Works’ Requirements

Page | 127
 Section VII - Works’ Requirements

Contents

Scope of Works ......................................................................................................................................129

Specification......................................................................................... Error! Bookmark not defined.
Environmental and Social (ES) requirements.......................... Error! Bookmark not defined.
Contractor’s Representative and Key Personnel .......................................................................159
Drawings....................................................................................................................................................161
Supplementary Information ..............................................................................................................162

Section VII: Works’ Requirements ______________ Page | 128

 Scope of Works
1. Extent of the Works

1.1 Road Works & Drainage Works

1.1.1 Existing Roads & Drainages

The table below lists the roads to be upgraded under this contract, followed by a brief
description of the existing road condition:

Length
Road Name From To Improvement Region
(km)
Upgrading to
Kibuye- Sentema
Mugema Road Surfaced 3.44 Lubaga
Busega Rd Rd
Standard
Kasubi Sentema
Masiro Road Reconstruction 2.10 Lubaga
Junction Rd
Kampala
Albert
Sentema Rd 1 Northern Reconstruction 4.10 Lubaga
Cook Rd
Bypass Rd
Kampala Upgrading to
Bukasa
Sentema Rd 2 Northern Surfaced 6.10 Wakiso
Link
Bypass Rd Standard
Kiwunya Kampala
Sir Apollo Kawempe
Drainage Northern Channelization 2.50
Kaggwa Rd & Lubaga
Channel Bypass Rd
Nsooba
Drainage Kalerwe Kyebando Channelization 1.40 Kawempe
Channel
Nsambya Road / Hanlon
Junction Reconstruction 0.52 Makindye
Road

a) Mugema Road
The road starts at Kibuye-Busega Road (A109) (N0446808, E0033619) and spans a length
of 3.44Km up to Sentema Road at (N0448749, E0035906), all in Lubaga Division. The road
functions as a collector road. Various properties gain direct access from the road, and there
are several uncontrolled intersections along the road. The road is gravel, and generally in
fair to poor condition.

Section VII: Works’ Requirements ______________ Page | 129

This road is to be upgraded to a surfaced standard road and will remain a single
carriageway, with a lane in each direction. It is expected that several properties will be
impacted by the wider cross section.
The geometric design standards achieved for this road complies with a design speed
required for 30km/hr. The horizontal alignment generally follows the existing alignment
with some minor deviations off the existing centreline where space constraints where
encountered.

The road surface drainage design is accommodated via kerb inlets and conveyed via new
longitudinal pipe networks that will tie into the existing storm water network. At existing
outlets scour protection will be provided.

b) Masiro Road
The road starts at Kasubi Junction and spans a length of 2.10Km up to Sentema Road, all
in Lubaga Division. The road functions as a collector road. Various properties gain direct
access from the road, and there are several uncontrolled intersections along the road. The
road is gravel, and generally in fair to poor condition.

This road is to be upgraded to a surfaced standard road and will remain a single
carriageway, with a lane in each direction. It is expected that several properties will be
impacted by the wider cross section.

The geometric design standards achieved for this road complies with a design speed
required for 30km/hr. The horizontal alignment generally follows the existing alignment
with some minor deviations off the existing centreline where space constraints where
encountered.

The road surface drainage design is accommodated via kerb inlets and conveyed via new
longitudinal pipe networks that will tie into the existing storm water network. At existing
outlets scour protection will be provided.

c) Sentema Road-1 (Section 1)

The road starts at Wakaliga Road (N 0450802, E 0034287) and it spans a length of
4.10Km up to Kampala-Northern Bypass Road (N 0447731, E 0036690), all in Lubaga
Division. The road functions as an arterial road. Various properties gain direct access
from the road, and there are several uncontrolled intersections along the road. The
road is paved, and generally in fair to poor condition, with many potholes.

Section VII: Works’ Requirements ______________ Page | 130

This Road is to be reconstructed, and will remain a single carriageway, with a single
3.5m wide lane in each direction. Pedestrian walkways on each side will be provided
along the entire route, together with bus bays that have been provided at strategic
locations along the route, space permitting. Protected pedestrian crossings have been
provided at key controlled intersections.

The road surface drainage design is accommodated via kerb inlets and conveyed via
new longitudinal pipe networks that will tie into the existing storm water network. At
existing outlets scour protection will be provided.

d) Sentema Road-2 (Section 2)

The road starts at Masanafu roundabout on the Northern Bypass (N 0441669, E
0039003) traversing areas of Kireka T.C and end at the junction with the National Trunk
road A109 at Bukasa Police Station (N 0450802, E 0034287). It spans a length of 6.10Km
up to Bukasa Police Station (N 0450802, E 0034287), all in Wakiso District. The road
functions as an arterial road. Various properties gain direct access from the road, and
there are several uncontrolled intersections along the road. The road is unpaved, and
generally in fair to poor condition, with many potholes.

This Road is to be upgraded to bituminous standards, and will remain a single

carriageway, with a single 3.5m wide lane in each direction. Pedestrian walkways on
each side will be provided along the entire route, together with bus bays that have
been provided at strategic locations along the route, space permitting. Protected
pedestrian crossings have been provided at key controlled intersections.

It is characterized by varying existing road widths, that is; 12m to 8m from Ch. 0+000
to Ch.4+500 respectively, narrowing to 7m in swampy area at Ch.5+000 stretching for
approximately 500m and then widening to 8m from Ch.5+500 to the road end in
Bukasa. The Lubigi-Bukasa section of Sentema road has a paved stretch of
approximately 500m from the Northern Bypass to Nakuwadde after which it is a purely
gravel road to Bukasa. It has existing and functioning earth drains on the RHS and LHS
for the entire road stretch and a swampy section between Ch.4+700 and Ch5+500. It
has a number of distresses, namely; excessive dustiness, potholes and corrugations.

The road surface drainage design is accommodated via kerb inlets and conveyed via
new longitudinal pipe networks that will tie into the existing storm water network. At
existing outlets scour protection will be provided.

Section VII: Works’ Requirements ______________ Page | 131

e) Kiwunya Channel (Secondary 6)
Secondary channel 6 starts off near Sir Apollo Kaggwa road in Makerere-Kikoni area
(N 0450270, E 0036194) and terminates in Lubigi Channel along the Kampala-Northern
Bypass Road ((N 0451469, E 0038542). The channel divides Kawempe and Rubaga
divisions, traversing through Makerere A, Makerere B, Tree shadow, and Kasubi 1,
zones. The communities and types of structures through which the channel traverses
range between slums with mud houses in Makerere Kikoni to commercial storeyed
structures in Nakulabye. The hydraulic capacity of the structures falls well short of the
design flows and could well be the major cause of flooding in the areas. Advice
received from KCCA maintenance staff advised that the initial area adjacent to the
Lubigi Channel and the Northern Bypass floods badly and is a major problem area.
Due to the extremely flat nature of the low lying surround land combined with the
under capacity culverts (in term of both dimension and blockages) on the Northern
Bypass, incoming storm water runoff cannot escape and creates a backwater effect
upstream causing the effects of flooding to migrate upstream.

f) Nsooba Channel (Secondary 10+10A)

Secondary channel 10+10A starts off in Kalerwe area (N 0452053, E 0038849) and
terminates in Kyebando near Akamwesi Gardens (N 0452149, E 0040409). This channel
consists of a number of small dimension tributary channels. The area has 2 natural
wetland area which are currently being diminished in size and capacity by developers
dumping solid fill material into the wetland areas. It is only a matter of time before the
entire wetlands have been overtaken by development. In reality, much of Secondary
Channel #10 can be defined as side drain to the Northern Bypass with incoming
tributaries dumping flows into an already under capacity channel with flows further
restricted by undersized and blocked culverts. The area experiences regular flooding.

g) Nsambya Road / Hanlon Road Junction

A portion of both Nsambya Estate Road and Hanlon Road is to be reconstructed and
widened to suit the local upgrade of Nsambya Rd / Hanlon Rd Junction. The junction is to
be signalized.
Nsambya Road and Hanlon Road is to be reconstructed as shown on the drawings, with
additional lanes where applicable. Pedestrian walkways on each side will be provided along
the entire route. Protected pedestrian crossings have been provided at the key controlled
intersections.

Section VII: Works’ Requirements ______________ Page | 132

The road surface drainage design is accommodated via kerb inlets and conveyed via new
longitudinal pipe networks that will tie into the existing storm water network. At existing
outlets scour protection will be provided.

1.1.2 Road Cross-Section

Each of the roads to be upgraded have been classified in accordance with the KCCA
road classification. The table below provides the details of each of the road
components.

Surfaced Width
Design Speed
Improvement

Classification

(LHS & RHS)

Length (km)
Road Name

Sidewalks
Region

AADT

Lanes
Upgrade to
Mugema
Surfaced 3.44 Lubaga 5 127 KB 30 2 6.5 1.25
Road
standard
Upgrade to
Masiro
Surfaced 2.10 Lubaga - KB 30 2 6.5 1.25
Road
standard
Sentema 17
Reconstruction 4.10 Lubaga KA 30 2 6.5 1.25
Rd-1 194
Upgrade to
Sentema Wakiso 13
Surfaced 6.10 KA 30 2 6.5 1.25
Rd-2 District 509
standard
Nsambya
Rd / Reconstruction
Hanlon and - Makindye - - 30 - - 1.25
Rd Signalization
Junction

There are typical cross sections included with the set of drawings.

1.1.3 Batter Policy

i. Fill Slopes

Section VII: Works’ Requirements ______________ Page | 133

All fills shall be constructed to a constant batter of 1 vertical to 1,5 horizontal unless
otherwise ordered by the Engineer or as shown on the drawing.

Guardrails combined will generally be provided at all fills higher than 3.0m, at retaining
structures and at any other location as directed by the Engineer.

ii. Cut Slopes

Cut slopes will generally be constructed at the following batters:

• 1 vertical to 1.5 horizontal in soft material.

• 1 vertical to 0.5 horizontal in hard material.
• 1 vertical to 1 horizontal in moderately hard material

1.1.4 Road Geometry

The road geometry of the upgraded roads generally follows the existing road
alignment with some isolated improvements where possible. The roads to be
upgraded are classified as follows:

Mugema Rd - KB (Collector Road)

Masiro Rd - KB (Collector Road)
Sentema-1 Rd - KA (Arterial Road)
Sentema-2 Rd - KA (Arterial Road)
G1J-1 Junction - KB (Collector Road)

There is no major geometric re-alignment improvement on these three roads. This is

largely due to the adjacent built up areas next to the project roads. The table under
6.1.2 above shows the final posted speeds which is indicative of the restrictions
encountered along these roads.

1.1.5 Widening of Fills

The widening of all the existing fills as well as new fills that are constructed where the
natural cross fall of the roadbed exceeds 1:10, shall be bonded to the existing fills or
roadbed by means of benches excavated into the existing fills or roadbed as specified
and/or as indicated on the drawings.

Section VII: Works’ Requirements ______________ Page | 134

1.1.6 Intersections

a) Major Intersections
There are a number of very busy major intersections which form part of the road
upgrades and as such, vehicular and pedestrian traffic accommodation in the vicinity
of these major intersections will have to be carefully planned with minimal lane
closures. The new surfacing of the project roads will tie into the major intersections as
shown on the drawings.

b) Minor Intersections
These intersections are for existing access roads that intersect with the project roads.
These intersections shall be surfaced up to the limits of construction shown on the
plans.

c) Business / Residential Accesses

These accesses will be linked to the new project roads via a vehicular access,
constructed with concrete as detailed on the drawings.

1.2 Road Pavement

1.2.1 Traffic

The table below and on the following page provides the Average Annual Daily Traffic
on all four roads to be upgraded under this Lot.

Masiro Sentema-1 Sentema-2

Mugema Road
Road Road Road
Classification
North- South- West- East- West- East-
bound bound The road bound bound bound bound
is to be
Motorcycles 1963 2008 3668 4598 2,412 4,823
designed
Saloon cars and during the
395 642 1656 1516 613 1,227
taxis design
Light goods review
(vans, pickups 263 354 stage of 1605 1151 361 721
and 4WDs) the other
Small bus: roads in
Minibuses and 83 256 Lot 5 726 653 417 834
Matatus

Section VII: Works’ Requirements ______________ Page | 135

 Medium bus:
10 6 24 20 444 887
coaster
Buses 0 0 1 4 11 21
Light single unit
65 59 236 244 124 247
trucks, lorries
Medium trucks
9 21 56 18 86 172
(2-3 axle rigid)
Heavy goods
1 11 8 4 33 66
(3-4 axle rigid)
Articulated
truck (truck
trailer or truck 0 2 2 1 3 7
semi-trailer
combination)
Total 2790 3360 7983 8208 4,503 9,006
Bicycles 71 92 197 228 86 172
Carts 0 0 0 0 0 0
Total 71 92 197 228 86 172

1.2.2 Pavement Design

As listed in the Table under Section 6.1.1, the roads to be upgraded to surfaced
standard and reconstructed will be constructed with the following pavement designs:

Pavement Design – Mugema Road

No. Layer Description
1 Surfacing 50mm Asphalt (AE-2)
2 Base 175mm CRR Crushed Stone Base
175mm G45 (Crushed Stone / Existing Gravel
3 Subbase
Blend)
4 Selected Layer 150mm G15 Natural Gravel

Pavement Design – Sentema Road-1

No. Layer Description
1 Surfacing 40mm Asphalt (AP-1)
2 Base 200mm Bitumen Base (AP-1)
3 Subbase 200mm Crushed Stone CRR
4 Selected Layer 150mm G15 Natural Gravel

Section VII: Works’ Requirements ______________ Page | 136

 Pavement Design – Sentema Road-2
No. Layer Description
1 Surfacing 50mm Asphalt (AP-1)
2 Base 200mm CRR Crushed Stone Base
3 Subbase 200mm G30 Natural Gravel
4 Selected Layer 150mm G15 Natural Gravel

Pavement Design – Nsambya Road / Hanlon Road Junction

No. Layer Description
1 Surfacing 50mm Asphalt (AP-1)
2 Base 200mm CRR Crushed Stone Base
175mm G45 (Crushed Stone / Existing Gravel
3 Subbase
Blend)
4 Selected Layer 150mm G15 Natural Gravel

1.2.3 Pavement Materials

i. Crushed Aggregate
Crushed aggregate (CRR to be used as road base or CRS to be blended with the
existing gravel), will be sourced from commercial quarries on the outskirts of the city.

ii. Subbase
Crushed aggregate (CRS) will be blended with the existing pavement gravel materials
to produce a G45 subbase. The material will generally be blended 60/40. Allowance
for increasing or decreasing the quantities of either material was made in the Bill of
Quantities for each road, in case the required pavement strength cannot be met with
this blend.

iii. Upper and Lower selected subgrade Layers

It is possible that the existing pavement layers can be reworked to form the selected
layers for the new pavements. In addition will have to be imported from commercial
borrow pits located in and around the city.

iv. Fills and Subgrade

Fill material can be sourced from the commercial borrow pits as well as from the
existing road where possible. Fills and subgrades may need to be improved to achieve
the minimum requirements. This will generally include increased density requirements.

Section VII: Works’ Requirements ______________ Page | 137

 v. Water
Water for construction can be sourced from two landing sites adjacent to Lake Victoria.

1.2.4 Roadbed Treatment

The following roadbed treatment(s) shall apply:

i. RB1: Roadbed (fill) on S-3 Material

Roadbed treatment of fills may require additional compaction to achieve the
minimum specified requirements.
ii. RB2: In-situ Treatment of Roadbed

In situ treatment may require the removal of unsuitable material, the importation of
selected materials or rock-fill, scarifying or ripping, and compaction of the existing
materials.

1.3 Drainage Works

Drainage works will involve the following:

1.3.1 Pipe Culverts

Pipe culverts with standard headwalls, catch-pits shall be provided in accordance with
the plans.

1.3.2 Subsoil drains

Subsoil drains shall be constructed in all the cuttings as well as other areas indicated
on the drawings or where requested by the Engineer.

1.3.3 Concrete lined side drains and grid inlets

Concrete lined side drains shall be constructed where indicated on the drawings or as
otherwise requested by the Engineer.

In situ concrete terminal sections will be constructed where concrete lined side drains
terminate at the end of cuts.

Concrete lined side drains (table drains) will only be constructed in shallow cuts where
required.

Section VII: Works’ Requirements ______________ Page | 138

1.3.3 Berms and chutes in cuts
Berms shall be provided on the higher/upstream side of all cuts as indicated on the
drawing.

1.3.4 Erosion protection measures

The soils along this entire section of road are very erodible and therefore erosion
protection will be required at all locations where concentrated storm water is
dispersed. Erosion protection measures as indicated on the drawings or as otherwise
requested by the Engineer will still be required at all storm water culverts.

1.3.5 Kerbing and Channelling

Kerbing and channelling will form an integral part of the road prism and will be
constructed as shown on the drawings.

1.4 Ancillary Roadworks

1.4.1 Shelters at bus/taxi stops

Prefabricated concrete shelters will be erected at all bus/taxi stops according to the
drawings. Bus/taxi stops will be provided at locations that will be agreed with the local
communities but will in most instances be close to the accesses to the rural villages
next to the road.

1.4.2 Fencing
The road reserve will be fenced in places where required. Prefabricated concrete
straining/gate posts, stays and intermediate posts will be used in all fencing to be
erected on site in accordance with the standard drawings.

1.4.3 Provision of road markings

A minimum of three weeks shall be allowed after the completion of the final road
surfacing before road markings are applied, unless otherwise instructed by the
Engineer. Allowance has been made in the bill of quantities for the re-establishment
of the road marking team for the repainting of all road markings during the defects
liability period or as otherwise instructed by the Engineer.

1.4.3 The installation of road studs

Road Studs will be erected where indicated on the drawings

Section VII: Works’ Requirements ______________ Page | 139

1.4.4 The erection of new road signs
New Road Signs will be erected where indicated on the drawings

1.4.5 Guard rails

Guard rails will be erected where indicated on the drawings or as otherwise instructed
by the Engineer. Buried end treatments will be provided on the approach side while
end wings will be provided at the end of the different sections of guardrail.
1.4.6 Finishing off, Landscaping and Grassing
All cut and fill slopes and borrow pits shall be treated with topsoil and grass (approved
seed mix) after they have been properly shaped/finished to the satisfaction of the
Engineer

1.5 Junctions

The following junctions will require signalization under this contract.

Junction Required
Junction Name Road/Junction Division
No Intervention
Nsambya Road / Nsambya Road / Hanlon Reconstruction
G1J-1 Makindye
Hanlon Road Junction Road Junction. / Signalisation

1.6 Drainage Works

The following drainages will require channelization under this contract.

Required
Sr/No Drainage Name Start End Division
Intervention
Kampala-
Kiwunya Channel Sir Apollo Kawempe
1 Northern Channelization
(Secondary 6) Kaggwa Rd & Lubaga
Bypass Rd
Nsooba Channel
2 (Secondary Kalerwe Kyebando Kawempe Channelization
10+10A)

1.7 Structural Works

There are no major structures under this Lot.

Section VII: Works’ Requirements ______________ Page | 140

 Specification

The Technical Specifications are bound separately as “Volume 3”

Section VII: Works’ Requirements ______________ Page | 141

 Environmental and Social (ES) requirements

1.0 Introduction
Kampala Capital City Authority has focused efforts to ensure that implementation of
KCRRP is consistent with Environment and Social Safeguards requirements. Particular
attention is therefore made to Uganda’s enabling policy, legal and regulatory
frameworks, Kampala Climate Change Action Strategy, African Development Bank
Integrated Safeguards System and best industry practice. To meet development
challenges, risk identification and management of predictable project impacts will
pillar processes to streamline sustainability to benefit affected communities and
preserve the environment. KCCA has developed Environment and Social Policy and
ESHS Code of Conduct (see section 2.0 and C-2) to ensure that KCRRP operations are
environmentally and socially sustainable.
1.1 Documentation Obligations of the Contractor
The Contractor shall be obliged from the bidding stage to prepare Environmental,
Safety, Health and Social Management Strategies and Implementation Plans (ESHS-
MSIPs) and the ESHS Code of Conduct (ESHS-CoC) that guide managing
Environmental, safety, health and Social risks and impacts of the project
implementation. The ESHS-MSIPs shall entail the Contractor’s Environmental and
Social Management Plan (C-ESMP) which shall be comprised of incidental/supporting
plans such as Traffic Management Plan, Health and Safety Plan, HIV/AIDs Plan,
Community engagement Plan, Labour Management Plan, Communication Plan, and
others, prior to commencement of Works. It shall also include relevant ESHS policies
including the Anti-Sexual Harassment Policy, Grievance Redress Mechanism, Chance
Finds Procedure, Human Resource Manual, etc., The C-ESMP shall be a “living
document”, regularly updated in line with Sub-Clause 4.1 of the Contractor’s General
Obligations, to ensure that all measures appropriate to Works are integrated and
conditions in the progressively acquired statutory approvals are integrated.
1.2 Health and Safety Obligations of the Contractor
The Contractor shall prepare a Health and Safety Plan through with clearly laid out
procedures of ensuring Occupational and Public Health and Safety throughout the
implementation of the project. The plan shall indicate the formation of the Safety
Committee and spell out health and safety measures at the project sites and auxiliary
facilities including the workers’ camp/equipment yard, borrow pits and stone quarries
and temporary material storage sites among others. The Contractor shall provide a
training plan for his personnel in occupational and public health and safety and ensure
that the training records are maintained.

Section VII: Works’ Requirements ______________ Page | 142

The Contractor shall establish a site clinic to provide First Aid services and
identify/contract the services of an HIV/AIDS Service provider. The Contractor can
include provisions for expert services for staff training and capacity building in
Emergence response, Gender Based Violence, and sexual exploitation and abuse.
1.3 Cooperation in Integrated Safeguards Management
ESHS management is a shared responsibility with different stakeholders and most
particularly; the Contractor, Supervising Consultant and Client having clear-cut
responsibilities. Lack of cooperation by the Contractor potentially results in non-
responsiveness to ESHS and related requirements, concealment of information,
generates grievances and slugs progress of Civil Works. Contractor’s cooperation will
be paramount in the preparation of ESIA for ancillary facilities (Workers’ camps,
material stockpiles, borrow pits, stone quarry sites), identification and approval of
material dumping sites, and risk identification and management among others.
Mechanisms to streamline inter and intra project institutional cooperation should be
integrated in the ESHS MSIPs, specifying engagements with Lead Agencies and project
stakeholders including potentially affected communities.
1.4 Certification Requirements and Statutory Approvals
The Contractor shall acquire all the necessary statutory approvals which shall be a
critical component of the final C-ESMP. With the Certificate of ESIA Approval for the
roads from NEMA Uganda in place, the contractor shall be responsible for processing
acquisition necessary approvals for ancillary facilities, including worker’s camp,
equipment yard, borrow pits, material stockpiles and asphalt plant. In addition, the
Contractor shall obtain the Certificate Registration of Workplace by the Ministry of
Gender, Labour and Social Development, Surface or Ground Water Abstraction Permit
from the Directorate of Water Resources Management of the Ministry of Water and
Environment; Tree cutting permit, from the Physical Planning, KCCA and any other
permits required others.
1.5 Environmental protection
Environmental protection is a critical strategy towards prevention of pollution to
contain harmful risks to human health and environment, including risks and impact of
climate change such as extreme flood events. To shall set strategies to achieve high-
quality environmental performance and efficient and sustainable use of natural
resources in line with the Operational Safeguard 4 (Pollution prevention and control,
hazardous materials and resource efficiency). The Contractor shall set out measures in
the MSIPs/C-ESMP to control exhaust emissions from project equipment (e.g. through
regular servicing of construction equipment, heavy trucks, cars, power generators,
etc.), management of wastewater, management of hazardous and non-hazardous
waste (used oil, medical waste, oily rugs and sand, etc.), control against excessive

Section VII: Works’ Requirements ______________ Page | 143

vegetation clearance and strategies for compensatory tree planting (where avoidance
of tree cutting is not possible), fugitive dust emissions, among others.
The Contractor shall ensure that noise management is consistent with the Maximum
Permissible Noise Levels for the general environment as set out in National
Environment (Noise Standards and Control) Regulations, 2003
Regulations 6(1): Maximum Permissible Noise Levels for General Environment

NOISE LIMITS dB (A) (Leq)

Facility
Day Night

A. Any building used as hospital, convalescence home,

home for the aged, sanatorium and institutes of
45 35
higher learning, conference rooms, public library,
environmental or recreational sites.

B. Residential buildings 50 35

C. Mixed residential (with some commercial and

55 45
entertainment).

D. Residential + industry or small scale production +

60 50
commerce.

E. Industrial 70 60
Source: National Environment (Noise Standards and Control) Regulations, 2003, first
Schedule, Part 1, pg 300
The Contractor shall define the effluent discharge in accordance with standards for
discharge of effluent as specified in the National Environment (Standards for Discharge
of Effluent into Water or on Land) Regulations, 1999.
In addition, the Contractor shall ensure that project activities do not alter baseline air
conditions above the proposed ambient air quality emission standards for Uganda as
provided for in the Draft Air Quality Standards and Regulations.

Section VII: Works’ Requirements ______________ Page | 144

The Contractor shall monitor project equipment to ensure conformance with standards
for Uganda that drafted for heavy duty diesel powered vehicles, diesel passenger cars,
petrol passenger cars and petrol gasoline light trucks as presented in the table below

1.6 Social Safeguards and Gender Management

The Contractor shall present measures to manage social safeguards, prevent Sexual
Exploitation and Abuse, and Gender Based Violence as well as labour management in
line with national employment laws. These measures shall be integral to the ESHS
MSIPs complete with the several management plans including Anti-sexual harassment
policy, Gender Management Plan, and Labour Management Plan. Consistent with the
Operational Safeguard 5 of AfDB (Labour conditions, health and safety), the Contractor
shall set out measures to manage the workers’ conditions, rights and protection from
abuse and/or exploitation. The Contractor shall define the working hours in
accordance with the national labour laws and conditions in the Certificate of ESIA
Approval.
The Contractor shall ensure that resting time for workers, rates for overtime worked,
employment benefits including National Social Security Fund (NSSF), annual leave
requirements, resting periods, etc. are clearly defined in the employment Contracts.
The Contractor shall be required to establish a functional Human Resource Office prior
to commencement of works to ensure systems building that allows proper recruitment
of workers and prevention and management of grievances.
1.7 Training Requirements
The Contractor shall cooperate with project team from the Client and Supervising
Consultant to ensure orientation and identification of capacity building needs for
effective implementation of the project. Training requirements in focus include but not
limited to grievance redress management, emergence response planning, safety
management on construction sites, incident notification and management, sexual
harassment, and sexual exploitation and abuse.

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Target Staff Training Area Responsibility Target Period
• Contractor’s • Preparations for Contractor (in Prior to
Project Manager, safeguards coordination Commencement
management: with Client and of Works
• All Contractor’s
Acquisition of Supervision
safeguards team
statutory approvals, Engineer)
(Environment
preparation of
Officer, Safety
Contractor’s ESMP
Officer,
and incidental plans,
Sociologist,
policies, safeguards
Safeguards
management
Manager)
systems building, etc.
• Supervising
Consultant’s • Safety Management: Contractor, At
Environmental Occupational and Client Commencement
and Social Public health and of Works and
Experts safety, incident throughout
management implementation
(incident notification, period
root cause analysis,
reporting
procedures,
emergence response,
etc.)
• Archaeological and Client At
Geological Findings: commencement
The Chance finds
procedure
• Grievance Client (KCCA’s At
Management: Environmental Commencement
Structure of the Specialist,
Contractor’s Social
Grievance Redress Development
Committee, Specialist)
formation of the GRC,
Grievance redress
processes, linkages
between the
Contractor’s and

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 Target Staff Training Area Responsibility Target Period
Community GRCs,
existing grievance
handling structures,
etc.
• Contractor’s Sexual Exploitation and Contractor, At
Sociologist, Abuse, Sexual Client (KCCA’s Commencement
Environmental Harassment, Child Environmental
Officer, Labour and handling of Specialist,
Safeguards workers issues Social
Manager, Human Development
Resource Specialist)
Management
Officers.

2.0 Environment and Social Policy for KCRRP

In the absence of environmental, social, health and safety policies that would apply to
the project, Kampala Capital City Authority has developed the Environment and Social
Policy for KCRRP roads links and junctions. The policy points project operations to
environmental and social sustainability throughout the various phases of the project’s
life cycle; planning and design, construction, commissioning, operations and
decommissioning. KCCA demonstrates her commitment to align project operations
with the national legislation and standards, AfDB Operational Safeguards, applicable
international conventions, internationally recognised standards and good practice
including the EHS Guidelines and especially the World Bank Group Environmental
Health and Safety (EHS) Guidelines.
2.1 Purpose of the Environmental and Social Policy
Kampala Capital City Authority (KCCA) is committed to streamlining environmental
sustainability and competitiveness, and social acceptability by integrating
environmental, social, health and safety requirements into the infrastructural
development processes aimed at transforming Kampala City, pursuant to the relevant
national policies, laws and regulations, standards, best industry practice and the Bank
Operational Safeguards. This Environmental and Social Policy for Works on the roads
and junctions is noticeably one of the fundamental strategies towards the realisation
of KCCA’s Vision “To be a Vibrant, attractive and Sustainable City.”
This policy particularly focuses on the implementation of the Bank funded roads links
and junctions under Kampala City Roads Rehabilitation Project (KCRRP). Several road

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links and junctions identified for rehabilitation and upgrading under the project have
already been categorised into lots, that is; Lot 1, Lot 2, Lot 3, Lot 4 and Lot 5.
The policy therefore outlines the objectives and strategies through which Kampala
Capital City Authority seeks to mainstream environmental and social considerations
into the implementation of roads links and junctions through;
i. Defining the policy goals;
ii. Describing the roles and responsibilities of KCCA in the project implementation;
iii. Based on i and ii above, setting a platform for enforcing compliance with
environmental and social safeguards
2.2 Policy Goal
The goal of the Environmental and Social Policy is “to ensure efficient and effective
application of environmental, social, health and safety requirements in the
implementation of the proposed road links and junctions.”
2.3 Policy Objectives;
The objectives of this environmental and social15 policy are to;
i. stimulate and enforce the application of good international industry practice
to protect and conserve the natural environment and to minimize unavoidable
impacts;
ii. guide the provision of, and maintaining a healthy and safe work environment
and safe systems of work;
iii. ensure compliance to all environmental, social, health & safety laws and
regulations
iv. protect the health and safety of local communities and users, with particular
concern for the disabled, elderly, or otherwise vulnerable;
v. ensure that terms of employment and working conditions of all workers
engaged in the Works meet the requirements of the ILO labour conventions
to which Uganda is a signatory;
vi. ensure and intolerance of, and enforcement of disciplinary measures for illegal
activities. To be intolerant of, and enforce disciplinary measures for GBV, child
sacrifice, child defilement, and sexual harassment;

15
For the purpose of this policy, Social is comprehensively defined to include issues which pertain to project affected
people and their communities and workers and is related to socioeconomic status, vulnerability, gender identity, human
rights, cultural heritage, labour and working conditions, health and safety and participation in decision making

Section VII: Works’ Requirements ______________ Page | 148

 vii. incorporate a gender perspective and provide an enabling environment where
women and men have equal opportunity to participate in, and benefit from,
planning and development of the Works;
viii. work co-operatively, including with end users of the Works, relevant
authorities, contractors and local communities;
ix. engage with and listen to affected persons and organizations and be
responsive to their concerns, with special regard for vulnerable, disabled, and
elderly people;
x. provide an environment that fosters the exchange of information, views, and
ideas that is free of any fear of retaliation;
xi. minimize the risk of HIV transmission and to mitigate the effects of HIV/AIDS
associated with the execution of the Works;
2.4 Mainstreaming Environmental, Social, Health and Safety considerations
2.4.1 Commitments
i. KCCA shall ensure that implementation operations at all project sites and
operations at ancillary facilities shall be structured to be consistent with the
requirements of this Policy.
ii. The Client (KCCA) shall enforce compliance with all resource consent conditions
(Conditions provided to permits or licenses to exploit natural resources).
iii. KCCA strives within its mandate to ensure through its environmental and social
appraisal and monitoring processes, that the proposed roads and junctions are
implemented and operated in compliance with applicable national regulatory
requirements and international best practice. That is, the project operations
shall be aligned with applicable laws and African Development Bank safeguards
policies.
iv. Consistent with (iii) above, KCCA will observe total compliance with Ugandan
Laws relevant to environment, labour, health and safety among all the project
implementation partners, including the Consultant, the Contractor and
subcontractors.
v. As a beneficiary of the African Development Bank funding, KCCA commits to
promote the adoption of the African Development Bank environmental and
social safeguards as applicable in the implementation of KCRRP roads links and
junctions. Where the relevant national policies and regulations differ from the
African Development Bank substantive environmental standards and social
requirements, the implementation will be expected to meet whichever is more
stringent.

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 vi. KCCA firmly commits to monitor project activities and streamline practical
implementation of occupational health and safety measures that provide: (a)
preventive and protective measures, mostly involving modification,
substitution, or elimination of hazardous conditions or substances; (b)
equipment to minimize risks, and require and/or enforce its use; (c) provision of
personal protective equipment (PPE) at no cost to the workers; and (d) training
to workers through toolbox talks, to use and comply with health and safety
procedures and protective equipment.
vii. KCCA strongly promotes gender equality based on its being a core aspect of a
modern, well-functioning market economy and democratic society. Thus, KCCA
commits to ensure that all parties on the project identify any potential gender
specific and disproportionate adverse impacts and promptly employs
identifiable mitigation measures enshrined in the ESMP as well as national
regulations, best industry practice and African Development Bank safeguards.
viii. KCCA shall guide the efforts to enhance the positive gender impact of the
project through active promotion of equal access to opportunities and women’s
socio-economic empowerment, particularly with respect to access to services
and employment.
ix. KCCA identifies with efforts to address the causes and the consequences of
climate change. Therefore, the institution will ensure, whenever appropriate
application of climate-change mitigation and adaptation opportunities during
the project implementation such as managing identified environmental offsets.
By its own form, this project plays a major role in reducing carbon emissions by
reduced exhaust emissions from smooth traffic flow in Kampala City.
x. Observance of the social safeguards requires considerable investment in
stakeholder engagement where information sharing with an eye on
transparency and accountability is paramount. KCCA will therefore disclose
important information for public consumption including the Environmental and
Social Impact Assessment reports and engagement in constructive dialogue
with stakeholders to promote stakeholder buy-in and therefore social
sustainability of the project.
2.4.2 Responsibilities
To achieve the above stated objectives, the different project implementing parties,
namely; Kampala Capital City Authority (KCCA), the Supervising Consultant and the
Contractor, including their nominated sub-contractors shall carry out various
responsibilities. As the developer, KCCA will play a major role in ensuring efficient
operations during the construction, operational and decommissioning of the project.

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Working individually and in coordination with the Consultant, KCCA shall critically
monitor the project operations to ensure:
i. that minimum disruption to the activities at the project sites, including residents
along the roads, road users and project workers. Minimum disruption will be
further ensured at project supporting facilities such as campsites, borrow pits
and stone quarries;
ii. that procurement or extraction of borrow material and stone quarry products
from commercial borrow pits and stone quarries is matched with practical
efforts to address environment and social risks and impacts (controlled speed
and dust suppression). Physical due diligence shall ensure that commercial
stone quarries meet statutory requirements including possession of NEMA
approvals and requirements including environmental and social audits. Should
the Contractor seek to open up new borrow pits, they will be expected to
conduct environmental studies to meet approval requirements.
iii. that the Contractor’s Environmental and Social Management Plan (C-ESMP) is
comprehensive and covers all environmental, social, health and safety aspects
as addressed by the ESIA and/or ESMMP, ESMF, RPF, Certificates, approvals and
permits.
iv. That the Contractors capacity to manage environmental and social safeguards
is thoroughly assessed and capacity-building needs are met through, among
others training by the Employer’s personnel on environmental and social
aspects.
v. Conduct spot-checks and monitoring to observe zero tolerance to non-
compliance throughout the project implementation;
vi. That the Consultant monitors for safe and healthy conditions of project workers
and where possible the Contractors’ efforts to inform, train, supervise and
consult workers on health and safety. KCCA’s team with competences in health
and safety will coordinate with the Consultant to ensure that project workers
observe their commensurate responsibility to cooperate with the Contractor in
line with ESHS code of Conduct and take care of their own, and, public health,
and safety.
vii. The Consultant and the Contractor are adequately staffed with competent
personnel to manage the implementation of environmental, social, health and
safety requirements
viii. That the Contractor is assisted to understand their responsibility to operate
within the framework of the measures defined in the ESIA/ESMMP and ESMF as
well as the RPF guidelines on land acquisition.

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 ix. Ensure that the Contractor has adequate resources for management of
environmental and social aspects;
x. that regular monitoring and reporting activities are conducted to ensure that
all the challenges and opportunities registered during the project
implementation are recorded as learning lessons for the future projects.
xi. that findings from project monitoring are shared onsite with the Contractor
prior to the dissemination of the information on non-compliances with other
parties for immediate action.
xii. the responsible environmental and social personnel involve relevant
directorates within KCCA as well as other Lead Agencies such as the National
Environment Management Authority (NEMA), Uganda Wildlife Authority
(UWA), Ministry of Gender, Labour and Social Development (MoGLSD),
Directorate of Water Resources Management (DWRM), Department of
Wetlands Management of the Ministry of Water and Environment, and others,
during the implementation of the project.
xiii. that compliance to environmental and social requirements at all ancillary
project sites are regularly monitored and compliance of all sub-contractors and
service providers on the project is enforced;
xiv. that prior notification before to the Consultant’s approval of all the material
(cut-to-spoil) dumping sites is obtained
xv. that the Contractor has obtained all the requisite approvals, permits and
licenses prior to the commencement of works;
xvi. that a robust Grievance Redress Committee (GRC) is in place to handle the
grievances emerging from the project operation is in place. The GRC shall
institute mechanisms to gather and address the grievances from the
communities along the project sites;
xvii. that the preparation of the Decommissioning Plan four months before the
completion of the project construction activities is overseen.
3.0 Concluding Policy Statement
Kampala Capital City Authority firmly commits to an environmental and social policy
that enables all Works to be conducted in an environmentally and socially sustainable
manner. The overall goal is to remove or at least reduce risks to the health, safety and
welfare of workers, contractors, authorized visitors to the project sites, project host
communities and members of the general public.
As an implementing authority, we recognise the prominence of actively involving
multiple stakeholders for smooth project operations. The co-operation of Contractors,

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workers, road users and members of public is critical in managing the environmental
and social safeguards in such a complex urbanised environment that Kampala City is.
We firmly seek to create a safe working environment with a zero accident rate and
social stability.

Section VII: Works’ Requirements ______________ Page | 153

 Code of Conduct
1.0 Introduction

This document serves to highlight on the general code of Conduct for the
implementation of the project’s roads links and junctions. At the institutional level of
the implementing organization, Kampala Capital City Authority (KCCA) sets this
document as a commitment to ensure smooth implementation of KCRRP road links
and junctions. Consistent with the project’s Environment and Social Policy, the purpose
of the Code of conduct is to ensure that the project entirely complies with all applicable
laws and regulations. From the outset, KCCA commits not to condone the activities of
any implementing partner either as the Consultant, the Contractor, Subcontractors or
nominated sub-contractors, that may strive to achieve results through the violation of
the enabling laws or unethical business dealings including but not limited to payments
for illegal acts, concealment of noncompliance, collusion, environmental abuse, and
others.

1.1 Purpose of the Code of Conduct

The purpose of the Code of Conduct is to ensure that all project activities are above
the minimum standards required by the national laws, the Bank Safeguards and
Policies and best industry practice. It is consistent with the Project’s Environment and
Social Policy and ultimately seeks to meet the strategic Vision (To be a vibrant,
attractive and sustainable city) and Mission (To deliver quality services to the city) of
Kampala Capital City. This document generally serves to guide the project team
including the Contractors and Supervision Consultants of the expectations of the client
by highlighting a requirement for them to develop detailed Code of Conduct that align
their activities with the expectations of the Client.

Overall, KCCA expects the Consultant and the Contractor to take full accountability for
the performance of their staff in line with the General Conditions of the Contract,
national laws and regulations and the Bank Safeguards Policies. They are expected
therefore to ensure that their actions are not interpreted as being, in any way, in
contravention of the relevant laws and regulations governing the project operations.

1.2 General Conduct of all the Project Employees

Kampala Capital City Authority (KCCA) expects all the project staff at all levels to
conduct themselves in ethically acceptable standards. As such, consuming alcohol at
the project sites, disrespect and inappropriate behaviour towards project affected
persons and affected community members, gambling and similar unprofessional
activities are strictly prohibited while on the job. Besides, all the project staff include

Section VII: Works’ Requirements ______________ Page | 154

those employed under subcontractors shall not engage in sexual
harassment/exploitation or even conduct themselves in a way that can be construed
as such, including for instance, using inappropriate language, keeping or posting
inappropriate materials in their work area, or accessing inappropriate materials on their
computer or sharing pornographic content through any medium with the project staff.

Whereas all efforts should be made to ensure that harassment in all forms (be it
physical or verbal) that creates tension at work, interferes with work or makes the
working environment hostile is avoided, there is need to avoid the abuse by some
workers of the available measures through false allegations.

2.0 Avoidance of the Conflicts of Interest

The basic expectation of Kampala Capital City Authority is that all the project staff
maintain a high degree of integrity by performing their duties conscientiously,
honestly and certainly in line with the best interests of the Organization. KCCA requires
all workers to refrain from using their positions or the knowledge gained as a result of
their positions for private or personal advantage.

Regardless of the circumstances, where the project workers realize that a given course
of action they have pursued, or are pursuing, or are rather contemplating pursuing
could place them in a conflict of interest with the project, they should with immediate
effect communicate all the facts to their supervisors.

3.0 Prompt Communication

As a minimum, the Client (KCCA) expects its staff and all the implementing partners
(Contractors, Sub Contractors, Consultant) to make every effort to ensure efficient,
accurate, and timely information sharing on all issues and incidents associated with
day-to-day project activities. The Client expects and the Contractors will respond
promptly and courteously to all requests for information and to complaints from
workers and project hosting communities.

4.0 Environmental, Health and Safety Requirements

Kampala Capital City Authority is committed to the observation environmental, health,

social and safety requirements pursuant to the national laws and African Development
Bank safeguards. KCCA’s strategic effort to be a sustainable city is only possible
through the promotion of environmentally sound and socially acceptable
development processes. Implementation of the project is matched with an aggressive
strategy to manage the impact of the project activities on the environmental
conditions in the project areas, besides the active management of health, safety and

Section VII: Works’ Requirements ______________ Page | 155

social safeguards. In this regard, KCCA’s Environment and Social Safeguards
management teams shall proactively oversee the operations of the Contractors’
activities to ensure that;

i. Project activities are conducted in an environmentally responsible and socially

acceptable and culturally sensitive manner;
ii. A Contractor’s Environmental and Social Management Plan is comprehensive
and adequately integrates the voluntary commitments in the ESIA’s ESMP (See
ESMP in Volume 5), conditions provided in the different permits, licenses and
approvals issued, and the general specifications for road and bridge works.
iii. Raise a red flag in instances where on-the-ground conditions might be harmful
to the environment, human health and safety;
iv. The project implementation team is responsive to environmental concerns
raised by the partners, Lead Agencies, local communities and other
stakeholders
v. The project team respects and ultimately complies with sound environmental
standards (both international and local), principles and laws
vi. Monitoring and reporting the project’s impact (positive and adverse) of the
project activities on local environmental conservation and protection
vii. Model good environmental stewardship

5.0 General Obligation of partners

As a requirement, Kampala Capital City Authority expects the Contractor and the
Supervising Consultants to develop satisfactory codes of conduct that contain
obligations on all project staff (including sub-contractors and day workers) that are
suitable to address the following issues, as a minimum. The issues to be addressed
include:

i. Compliance with applicable international and local social and environmental

safeguards laws, rules, and regulations;
ii. Compliance with applicable health and safety requirements (including wearing
prescribed personal protective equipment, preventing avoidable accidents and
a duty to report conditions or practices that pose a safety hazard or threaten
the environment) – risk assessment and mitigation;
iii. Zero tolerance to the promotion and use of illegal substances by staff;
iv. Non-Discrimination (for example on the basis of family status, ethnicity, race,
gender, religion, language, marital status, birth, age, disability, or political
conviction or any other condition);

Section VII: Works’ Requirements ______________ Page | 156

 v. Promote community participation in project implementation, including regular
interactions with community members (for example to convey an attitude of
respect and non-discrimination);
vi. Protect against sexual harassment for staff, communities and other actors (for
example to prohibit use of language or behaviour, in particular towards women
or children, that is inappropriate, exploitative, harassing, abusive, sexually
provocative, demeaning or culturally inappropriate);
vii. Protect against any form of violence or exploitation (for example the prohibition
of the exchange of money, employment, goods, or services for sex, including
sexual favours or other forms of humiliating, degrading or exploitative
behaviour);
viii. Protection of children against any form of exploitation or maltreatment related
to the project implementation, (including prohibitions against exploitative
labour, defilement, or otherwise unacceptable behaviour with children, limiting
interactions with children, and ensuring their safety in project areas);
ix. Compliance with sanitation requirements (for example, to ensure workers use
specified sanitary facilities provided by their employer and not open areas);
x. Avoidance of conflicts of interest (such that benefits, contracts, or employment,
or any sort of preferential treatment or favours, are not provided to any person
with whom there is a financial, family, or personal connection);
xi. Respecting reasonable work instructions (including regarding environmental
and social norms);
xii. Protection and proper use of property (for example, to prohibit theft,
carelessness or waste);
xiii. Duty to report violations of this Code;
xiv. Gender consideration, sensitivity and mainstreaming in the project
implementation, including sanitation facilities, allocation of work and duties
etc.;
xv. Non retaliation against workers who report violations of the Code, if that report
is made in good faith;
xvi. The Safety Committee in place meets regularly to proactively address the
occupational health and safety gaps/ challenges facing the project
implementation activities;
xvii. A Grievance Redress Mechanism in place with a respected robust Grievance
Redress Committee (GRC) whose membership is clearly representative of the
different categories of workers on the project e.g. the workers’ union
representatives, female staff representatives, foreign staff, etc.;
xviii. Develop subsidiary plans including the traffic management plan, Safety Plan,
waste management plans and others and ensure that these plans are effectively
implemented;

Section VII: Works’ Requirements ______________ Page | 157

6.0 Conclusion

The Contractor and the Consultant are respectively expected to develop a Code of
Conduct following the above framework, which should be written in plain language
(and translated in relevant local languages) and signed by each worker to indicate that
they have:
a. received a copy of the code;
b. had the code explained to them;
acknowledged that adherence to this Code of Conduct is a condition of employment;
and understood that violations of the Code can result in serious consequences, up to
and including dismissal, or referral to legal authorities.

Section VII: Works’ Requirements ______________ Page | 158

 Contractor’s Representative and Key Personnel

The Bidder must demonstrate that it has the personnel for the key positions that meet the following requirements:

Item Minimum years of Total Work Experience in a Quantity

Relevant academic
No. Position/specialization relevant work Experience similar
qualifications
experience (years) Position (years)
1 Contractor’s Representative B.Sc. Civil Engineering or
15 20 10 1
[Project Manager] Equivalent
B.Sc. Civil Engineering or
2 Site/Earthworks Engineer 10 15 8 2
Equivalent
Plant and Equipment B.Sc. Engineering or
3 10 15 8 1
Foreman Equivalent
Drainage and Structures B.Sc. Civil Engineering or
4 10 15 8 2
Engineer Equivalent
B.Sc. Electrical Engineering
5 Electrical Engineer 10 15 8 1
or Equivalent
B.Sc. Quantity Surveying
6 Quantity Surveyor 10 15 8 1
or Equivalent
B.Sc. Surveying or
7 Senior Land Surveyor 10 15 8 1
Equivalent
Materials and Pavement B.Sc. Civil Engineering or
8 10 15 8 1
Engineer/Quality Manager Equivalent
BSc. Environmental
9 Safeguards Manager 8 10 8 1
Science or Equivalent

Section VII: Works’ Requirements ______________ Page | 159

Item Minimum years of Total Work Experience in a Quantity
Relevant academic
No. Position/specialization relevant work Experience similar
qualifications
experience (years) Position (years)
10 Environmental Officer 8 years working on
[Environmental] BSc. Environmental road contracts in
10 8 1
Science or Equivalent similar work
environments
11 Health and Safety Officer BSc. Health and Safety or 1 per active
8 10 8
[Health and Safety] equivalent site
12 Social Development Officer BA. Social Science, BA.
[Social] Social Works & Social
8 10 8 1
Administration or
Equivalent
13 Gender Based Violence Officer BA. Social Science, BA. 3 years of relevant 5 years of 3 1
Social Works & Social experience in monitoring and
Administration or addressing issues managing risks
Equivalent related to sexual related to
exploitation, sexual gender-based
abuse and sexual violence, out of
harassment] which

Section VII: Works’ Requirements ______________ Page | 160

 Drawings

The Drawings are bound separately as Volume 4. However, below is the project
location map showing all the Roads & Junctions to be upgraded;

Section VII: Works’ Requirements ______________ Page | 161

 Supplementary Information

1. Miscellaneous

The works specifications form an integral part of the contract documents and shall be
deemed to supplement, the General Specifications

In the event of any discrepancy or conflict with any part or parts of the General
Specifications, the Bill of Quantities or the Drawings, the Special Specifications shall
take precedence.

Wherever reference is made in the Contract document to specific standards and codes
to be met by the materials, plant, and other supplies to be furnished, and work
performed or tested, the provisions of the latest current edition or revision of the
relevant standards and codes in effect shall apply, unless expressly otherwise stated in
the Contract document. Where such standards and codes are national, or relate to a
particular country or region, other authoritative standards which ensure a substantially
equal or higher performance than the standards and codes specified, will be accepted
subject to the Engineer’s prior review and written approval.

Differences between the standards specified and the proposed alternative standards
must be fully described in writing by the Contractor and submitted to the Engineer at
least 28 days prior to the date when the Contractor desires the Engineer’s approval. In
the event that the Engineer determines that such proposed deviations do not ensure
substantially equal performance, the Contractor shall comply with the standards
specified in the documents.

The General Specifications which form part of this Contract have been written to cover
all phases of work normally required for road contracts and they may therefore cover
items not applicable to this particular contract.

2. Employer’s Objectives

The Government of Uganda applied for a loan for the Kampala City Roads
Rehabilitation Project from the African Development Bank (AfDB). Part of the loan will
be spent on eligible payments under a contract for the construction works to upgrade
selected roads and junctions in Kampala City. The contract is being executed by the
Government of Uganda through Kampala Capital City Authority.

Kampala Capital City Authority (KCCA) is mandated, among other things, to plan,
develop and maintain the city infrastructure. Good infrastructure plays a major role in
promoting economic growth and poverty reduction. For long, the City’s infrastructure

Section VII: Works’ Requirements ______________ Page | 162

has largely received inadequate attention and funding resulting in its dilapidation yet
the population and demand for services has been steadily growing.

The Kampala City Roads Rehabilitation Project (KCRRP) was developed to address the
institutional and infrastructure challenges of Kampala City. Phase I of the project
carried out improvements of various city infrastructure and also addressed key
institutional bottle necks including the restructuring of city administration. The overall
Project Development Objective of this phase of KCRRP is to enhance city infrastructure
to improve urban mobility and deepen the institutional reforms for economic growth.

Under the KCCA Infrastructure development component, this Phase of KCRRP will seek
to construct and upgrade identified roads and junctions that are central to enhancing
mobility thereby increasing the useful life of city infrastructure.

The Employer’s objectives are to deliver public infrastructure. The aim is to provide
temporary employment opportunities coupled to training for the communities in close
proximity of the project roads.

The description of the project contained in the Description of Work is merely an outline
of the Contract Works and shall not limit the work to be carried out by the Contractor
under this Contract. Details of some of the major items are given in this section and
approximately detailed quantities for each type of work to be carried out in accordance
with the Contract Documents are included in the Bill of Quantities.

It is a condition of this contract that the employer reserves the right to limit the
expenditure on the works due to possible budget restraints. Should the tender sum
exceed the budgeted amount, the scope of the works may be reduced, to ensure that
the final contract amount does not exceed the budgeted amount.

Should these conditions be applied, such adjustments or limitations shall be deemed

to be a variation of the form or quantity of the works or any part thereof in terms of
Clause 2.4 of the General Conditions of Contract. The validity of the tender, the
individual rates or sums tendered shall not be influenced by any such adjustments or
limitations and no claim will be considered on the basis of such adjustments or
limitations in terms of clause 14 of the General Conditions of Contract.

3. Project Locality

The roads and junctions to be upgraded as part of these projects are shown on the
Locality Plans below and are located within the City Centre and surrounds.

Section VII: Works’ Requirements ______________ Page | 163

Figure 1 – Roads and Junctions

4. Site Information

Climatic Conditions

The climate of the City of Kampala is humid tropical. It has an annual rainfall of
approximately 1300mm, mainly distributed over two periods, one being March to May
and the other September to November. The District has a mean monthly rainfall
ranging from 50 mm to 280 mm with July generally being drier than other months.
The number of rain days is highest in April. The area has reasonable temperatures with
an annual average of 21.9°C. The maximum temperatures seldom exceed 30°C and the
minimums are generally above 15°C.

Section VII: Works’ Requirements ______________ Page | 164

Figure 2 - Mean Monthly Precipitation mm

Figure 3 - Monthly Mean Minimum and Maximum Daily Temperatures

Figure 4 - Number of Days per Month of Rain

Section VII: Works’ Requirements ______________ Page | 165

5. Overview

The works to be undertaken under this contract comprises general civil engineering
works associated with a roads contract as part of project roads capacity improvements.
The type of works associated with the road upgrades are listed (but not limited) to:

5.1 General

• Establishment of the Contractor on site;

• Provision of offices, laboratory and housing for the Engineer;
• Utility identification, protection, relocation and removal;
• Accommodation of vehicular and pedestrian traffic and the construction of
deviations;
• The sourcing of road construction materials from commercial sources;
• The maintenance of the existing road and/or deviations until the contract has been
handed over to the Employer; and
• Removal of site establishment.

5.2 Drainage

• The construction of culverts and inlet and outlet structures;

• The installation of sub-soil drains in cuttings as well as other locations;
• The construction of concrete lined side drains and grid inlets in cuttings;
• The construction of curbing and channelling with storm water inlet in places;
• The adjustment of existing infrastructure to match new levels and road widths;
• The construction of berms and down chutes on high fills;
• The construction of berms and down chutes at cuts; and
• The construction of erosion protection measures where required

5.3 Roadworks

• Construction of temporary deviations;

• Clearing and grubbing;
• Removal of topsoil;
• Roadbed preparation;
• Widening of existing cuts and fills including benching into old fills and/or the
construction of new cuts and fills;
• The construction of in-situ and imported selected layers;
• The construction of an imported gravel subbase over the entire road;
• The construction of a crushed stone base on some of the project roads;

Section VII: Works’ Requirements ______________ Page | 166

• The construction of a bituminous base on some of the project roads;
• The surfacing of the project roads using asphalt concrete surfacing.

5.4 Ancillary Roadworks

• Construction of bus/taxi stops;

• Construction of concrete pedestrian footway;
• Fencing of the road reserve in places;
• The provision of road markings;
• The installation of road studs;
• The installation of new road signs;
• The erection of guardrails;
• Top soiling and grassing of cut and fill slopes; and
• Landscaping and finishing off the road reserve;

5.5 Electrical Works

• Installation of ducting for street lighting;

• Installation of street lighting
• Installation of new traffic signals and associated infrastructure.

6. Accommodation of traffic

Traffic shall be accommodated as proposed by the Contractor in consultation with the

City Authority of Kampala’s traffic and police departments and as approved by the
Engineer. The Contractor shall consult with officials of the City Council and the Police
in Kampala regarding their requirements in the control of motorised and non-
motorised traffic, and other matters and shall provide all assistance or facilities that
may be required by such officials in the execution of their duties, at no extra cost to
the Employer. The Contractor shall advertise any road closures or traffic deviations in
the local newspaper at least a week in advance of such closures or deviations.

The Contractor will be responsible for the accommodation of traffic to suit his
construction methods and programme of construction and shall submit his proposals,
for the accommodation of traffic for each different activity, to the Engineer for his
approval at least 48 hours in advance for each specific activity.

The Contractor must always be aware of the public’s right of way on public roads and
he shall make use of approved methods to control the movement of his equipment

Section VII: Works’ Requirements ______________ Page | 167

and vehicles so as not to cause a hazard on the road. The Contractor’s proposals shall
be based on the requirements of Sections 1500 and B1500 of the General
Specifications and Project Specifications.

Existing pedestrian pathways must be left in place until such time that alternative
means of access have been provided, including the construction of new footways
where shown on the drawings.

The Contractor shall ensure that access to private properties and businesses is available
at all times. Where certain properties and businesses will have their accesses
obstructed due to the construction works, the Contractor shall inform the owners at
least two weeks in advance. Closure of such accesses must only be temporary and will
be subject to the approval of the Engineer. The Contractor shall plan his works in such
a manner that interruptions to private and business accesses are kept to a minimum.

The Contractor shall not commence with any section of the Works until all traffic safety
and control measures are fully operational. The Contractor shall for the duration off
the Works ensure that the signs, barriers, cones, etc. are maintained in the correct
position and in a serviceable condition at all times.

The accommodation of traffic during the construction period will be implemented to

ensure the safe and unhindered passage of public traffic at all times.

Traffic will be accommodated as follows:

a) Through populated areas traffic will be accommodated on other streets only

when construction is in operation on the existing road/street. The contractor
shall ensure that residents along the existing road/street in these areas have
access to their properties at all times.
b) On deviations that will be constructed to accommodate two-way traffic where
practically possible. Some of the temporary deviations will remain in place after
the completion of the contract to be utilized as local distributor roads for the
rural villages/developments along the road.
c) On deviations as well as parts of existing road as one-way traffic with STOP/GO
control during daytime and temporary traffic signals during the night, where
the road is constructed in full width or in half widths.
d) Temporary closures of up to a maximum of four hours during daytime will be
allowed for construction works where the construction of temporary deviations

Section VII: Works’ Requirements ______________ Page | 168

 will not be possible. The traveling public and local residents shall be notified of
these closures well in advance.
e) The contractor shall also provide a full time traffic safety officer for the duration
of the contract.
f) The contractor will be allowed to use prefabricated pipes for the storm water
drainage in temporary deviations.

7. Maintenance of the existing roads

The Contractor shall be responsible for all routine maintenance operations along the
entire length of road reserve, from the date of handing over of the site until the date
of issue of the certificate of completion of the works.

Once the certificate of substantial completion of the works has been issued the
responsibility for normal maintenance of the road (e.g. collection of litter, clearing of
drains, repair of road signs damaged by the public, etc.) shall revert back to the
Employer. The Contractor shall, however, still be responsible for the contractual
maintenance during the Defects Liability Period.

8. Utilities

The affected utilities are indicated on the drawings. Every effort has been made to
contact the relevant utility owners to accurately determine the position of their
infrastructure. The utilities shown on the drawings are diagrammatic only, and the
contractor shall ensure that before any excavation commences, the areas have been
cleared of any utilities. An allowable amount has been allowed for in the bill of
quantities for hand excavation to determine the position of the utilities.

The following utility bodies will be consulted:

a) Water supply and sewerage: National Water and Sewerage Corporation

b) Electricity: UMEME
c) Telephone: Uganda Telecoms Limited (UTL), NITA-U, Huawei OFC, Airtel and
MTN
d) Roads, Street Lights, Refuse Collection, Recreation Parks and Road Reserves:
Kampala Capital City Authority (KCCA)
e) Railway lines: Uganda Rail (UR)
f) Environmental Issues: National Environmental Management Authority (NEMA)

Section VII: Works’ Requirements ______________ Page | 169

9. Drawings

The reduced drawings that form part of the tender document shall be used for tender
purposes only.

The Contractor will be supplied with one (1) paper copies of each of the drawings
along with the rest of the bidding document. The Contractor shall only be provided
additional copies on request and for his account.

The levels given on drainage/structural drawings are subject to confirmation on site,

and the Contractor shall submit all levels to the Engineer for confirmation before he
commences any structural construction work. The Contractor shall also check all
clearances given on the drawings and shall inform the Engineer of any discrepancies.

10. Power Supply and Other Services

The Contractor shall make his own arrangements concerning the supply of electrical
power and all other services. No payment will be made by the Employer to the
Contractor for the provision of electrical and other services. The cost thereof shall be
deemed to be included in the rates and amounts tendered for the various items of
work for which these services are required.

The Contractor must liaise with the utility bodies for both water, electrical and
telecommunications to confirm the position of all aerial and underground services,
before commencing with the works.

Note should be taken on the supply of electricity as no claims in respect of power

outages will apply.

11. Construction in restricted areas

It may be necessary for the Contractor to work within restricted areas. Except where
provided for in the Specifications, no additional payment will be made for work done
in restricted areas. In certain places the width of the fill may decrease to zero and the
working space may be confined. The method of construction in these confined areas
largely depends on the Contractor’s constructional plant.

However, the Contractor must note that measurement and payment will be in
accordance with the specified cross-sections and dimensions only, irrespective of the

Section VII: Works’ Requirements ______________ Page | 170

method used for achieving these cross-sections and dimensions and that the tendered
rates and amounts shall include full compensation for all special equipment and
construction methods and for all difficulties encountered when working in confined
areas and narrow widths, and at or around obstructions, and that no extra payment
will be made nor will any claim for additional payment be considered in such cases.

It is deemed, that due the urban nature of the project surrounds, that all work on in
this contract be deemed restricted and that the Contractor make allowance for these
restriction in his rates.

12. Contractor’s Camp Site

The Contractor will make his own arrangements regarding the location of his camp
site, housing for site staff and facilities for the Engineer. The Contractor will have to
liaise with the local council and/or the local community to find a suitable site. The
chosen site shall also be subject to the approval of the Engineer.

Prior to the establishment of the construction site, the Contractor shall produce a plan
showing the positions of all buildings, yards, vehicle wash areas, fuel storage areas and
other infrastructure. This plan shall be subject to the approval of the Engineer and the
Environmental Control Officer.

The Contractor shall make his own arrangements for the supply of potable water and
water for construction purposes and for electrical power and all other services, as well
as for all safety and security measures necessary for the duration of the Contract. The
Employer cannot guarantee uninterrupted electrical supply or telephone services in
the town where the camp is to be erected and the Contractor shall make his own
arrangements in this regard.

At the end of the contract, the site shall be restored as closely as possible to its natural
state. The camp area shall be top soiled and grassed.

13. Process and Acceptance Control

The Employer shall not pay claims for delays to the works resulting from the awaiting
of test results. Testing in the laboratory will be effected as promptly as is reasonable
but it is in the Contractor’s own interest to submit material samples, concrete cubes or
other components for testing in good time to assist avoiding or restricting delays.

Section VII: Works’ Requirements ______________ Page | 171

The procedure for requests for testing, frequency of tests, testing and reporting of
results will be finalised by the Engineer on site in collaboration with the Contractor.

14. Environmental Management

The Contractor will be responsible for managing an Environmental and Social

Management Plan (ESMP) in terms of the Tender Documents. The Contractor shall
also conduct environmental studies for the uses of material abstraction from borrow
pits and adhere to the recommendations and conditions included the NEMA approval
certificates.

The Contractor shall take the utmost care to minimise the impact of his establishment
and other construction activities on the environment and shall adhere to the
requirements as set out in the ESMP. The Contractor will therefore be required to
submit an Environmental and Social Management Plan detailing his construction
activities and what measures will be implemented to prevent the pollution of streams,
rivers and soils among others, through the spilling of fuels, bituminous binders, sewage
from the temporary toilets and other deleterious materials. Where in the opinion of
the Engineer, the Contractor has not adhered to these requirements, the Contractor
shall rectify the damage at his cost and to the satisfaction of the Engineer.

15. Areas available for temporary stockpiles

The areas within the road reserve but outside the road prism, interchanges link roads,
and intersection surfaces are available as temporary stockpile sites. The Contractor
may under his own initiative, identify additional sites, but no additional sites will be
permitted unless approved under the Environmental and Social Management Plan and
by the Engineer.

Construction plant used in the execution of the Works shall be of a design and be used
in a manner approved by the Engineer. The Engineer may at any time withdraw his
approval and the Contractor shall immediately adopt another method of working in
such a case. If such a change is required to achieve satisfactory progress or
workmanship the Contractor shall have no claim against the Employer for costs
incurred by him in changing the method of working or in the provision and use of
other plant.

Section VII: Works’ Requirements ______________ Page | 172

16. Dump Sites

The Contractor shall arrange his own dump sites and shall ensure that he conforms to
all relevant legislation and regulations which terms of compliance should be for the
Contractor’s cost. The site must be approved under the Environmental and Social
Management Plan and by the Engineer. All dumping costs will be borne by the
Contractor.

The Environmental and Social Management Plan may designate areas of erosion and
old quarries in the proximity of the works as dump sites.

17. Bituminous Products

The Engineer and the Environmental Specialist must approve storage sites for
bituminous products in the road reserve, or on private property prior to use. The
containers used for storage must be free of leaks and placed on a firm surface. No
spoiling of any bituminous products will be allowed in any area. Unused or rejected
products will be removed from site and returned to the supplier. Solvents used for
flushing spray tankers, will be treated likewise. No additional payment will be made
for the preparation of storage sites and the disposal of materials.

18. Fauna and Flora

Indigenous fauna is limited to invertebrates (insects) and avifauna (birds). Domestic

livestock that dominate the current fauna of the region includes pigs, goats, cattle,
sheep, dogs, ducks, geese and chickens.

The Contractor shall cause no damage to fauna and flora. If, in the opinion of the
Engineer, this happens, the Engineer is entitled to initiate prosecution by the relevant
authorities.

19. Water

The Contractor shall provide a sufficient and continuous supply of fresh potable water
for the construction of the Works and for all offices, laboratories and workshops. He
shall make all arrangements for the provision of service connections and meters for
connecting to local water mains and the provision of pumps, storage tanks or water
conveyance where necessary and the satisfactory removal, where necessary, of all such
arrangements and provisions on completion of the Works.

Section VII: Works’ Requirements ______________ Page | 173

The Contractor shall make adequate provision in his Bid for the above arrangements
and all related costs will be deemed to be included in his tendered rates.

20. First Aid

It is a requirement of this contract that the Contractor shall provide and maintain, as
part of his establishment on site, comprehensive first aid facilities which must include
complete first aid kits with snake-bite serum at strategic points on the operational
areas of the works. Used or outdated articles and serum must be replaced from time
to time as necessary.

The Contractor shall as part of his general obligations, provide sufficient emergency
equipment for medical emergencies, have staff available that are trained in the use of
emergency equipment and have sufficient arrangements in place to do emergency
medical evacuation by ambulance to a suitable trauma unit if and when required.

The provision of the emergency medical services will not be paid for separately, but
the cost thereof shall be deemed to be included in the Contractor’s tendered rates for
the items under Section 1300.

21. Progress Photographs

The Contractor shall maintain a formal record of digital progress photographs taken
throughout the period of implementation of the Contract at set locations and of any
construction activity of technical or contractual interest at any time. Each photograph
is to be captioned with: reference number, time, date, precise location, subject and
points of particular note. A digital version of these photos shall be stored on a CD-
ROM together with the captions and shall be made available to the Engineer
(Supervising Consultant), the Client (KCCA) and Funding Agency (African Development
Bank) on a monthly basis.

Section VII: Works’ Requirements ______________ Page | 174

Part 3: Conditions of Contract
& Contract Forms

Page | 175
Section VIII - General Conditions of Contract (GC)

Name of Employer: Kampala Capital City Authority

Name of Contract: Upgrading to paved standard of 5.40km of roads,
reconstruction of 4.62km of roads in Lubaga Division, including signalization of 3
Junctions in Makindye Division (Lot 5)

The Conditions of Contract are bound separately as “Volume 6”

Red Book

© FIDIC 2017. All rights reserved.

The Conditions of Contract are the “General Conditions” which form part of the “Conditions
of Contract for Construction for Building and Engineering Works Designed by the Employer

(“Red book”) Second edition 2017” published by the Federation Internationale Des

Ingenieurs – Conseils (FIDIC) and the following “Particular Conditions” which comprise of
the AfDB’s COPA and the amendments and additions to such General Conditions.

An original copy of the above FIDIC publication i.e. “Conditions of Contract for Building

and Engineering Works Designed by the Employer” must be obtained from FIDIC.

International Federation of Consulting Engineers (FIDIC)

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

Fax: +41 22 799 49 054

Telephone: +41 22 799 49 01

E-mail: [email protected]

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

Page | 176
 Section IX - Particular Conditions

The following Particular Conditions shall supplement the GC. Whenever there is a conflict,
the provisions herein shall prevail over those in the GC.

Section IX: Particular Conditions _______________ Page | 177

 Particular Conditions
Part A – Contract Data

Conditions Sub-Clause Data

Where the Contract allows
for Cost Plus Profit,
1.1.20 N/A
percentage profit to be
added to the Cost
Kampala Capital City Authority,
Plot 1-3 Apollo Kaggwa Road,
P.O Box 7010, Kampala
Employer’s name and
1.1.31 UGANDA
address
Tel: +256 411 231 446 / 0204 660 000
Email: [email protected];
Web: www.kcca.go.ug;
Engineer’s name and
1.1.35 To be communicated to the contractor in writing
address
Bank’s name 1.1.89 African Development Bank (ADB)

Borrower’s name 1.1.90 The Republic of Uganda

Time for Completion 1.1.84 Refer to Table: Summary of Sections below

Defects Notification Period 1.1.27 365 days (one year)

Sections 1.1.73 Refer to Table: Summary of Sections below

Site 1.1.74 Refer to sub-clause 2.1 below

Electronic transmission
1.3 (a) (ii) Not Permitted
system
The Executive Director
Kampala Capital City Authority
Plot 1-3 Apollo Kaggwa Road,
Address of Employer for P.O Box 7010, Kampala
1.3(d)
communications:
UGANDA
Tel: +256 411 231 446 / 0204 660 000
Email: [email protected];
Web: www.kcca.go.ug;

Section IX: Particular Conditions _______________ Page | 178

 Conditions Sub-Clause Data

Address of Engineer for

1.3(d) Shall be communicated in writing
communications:

Attention: __________________________
Street address: _____________________
Postal address: _____________________
Zip code: ___________________________
Address of Contractor for
1.3(d) Country: ____________________________
communications:
Tel: _________________________________
Fax: _________________________________
Email: _______________________________
Website: ____________________________

Governing Law 1.4 The Laws of the Republic of Uganda

Ruling language 1.4 English

Language for
1.4 English
communications

Time for the Parties to sign Within 28 days after receipt of the Letter of
1.6
a Contract Agreement Acceptance

Number of additional paper

copies of Contractor’s 1.8 Three (3) and 1(one) soft copy.
Documents

(d) A minor member of the JV having

Joint and Several Liability 1.14 participation in the JV of 25% of the value of
the Contract: Yes

Total liability of the

Contractor to the Employer The accepted contract amount.
1.15
under or in connection with
the Contract

Section IX: Particular Conditions _______________ Page | 179

 Conditions Sub-Clause Data

No later than the Commencement Day for

each section. Commencement dates for each
section of the Works shall be as follows
(subject to issuance of commencement orders
by the Project Manager).

Time for access to the Site Section Name of section Period after
contract
effectiveness

1.1 Mugema Road incl. 18 months

two Junctions to be
designed during the
design review period
2.1
1.2 Masiro Road to be 9 months
designed during the
design review period
1.3 Sentema Road-1 18 months

1.4 Sentema Road-2 18 months

1.5 Kiwunya Channel 18 months

1.6 Nsooba Channel 18 months

1.7 Nsambya Rd / 8 months

Hanlon Rd Junction
(J-1)

Variations resulting in an increase of the Accepted

Engineer’s Duties and
3.2 Contract Amount in excess of_0_% shall require
Authority
written consent of the Employer.

Sustainable procurement 4.1 Not Applicable

The performance security will be in the form of a

demand guarantee in the amount(s) of Nine
percent (9%) of the Accepted Contract Amount
and in the same currency(ies) as the Accepted
Performance Security 4.2
Contract Amount.

If the unconditional guarantee is issued by a

financial institution located outside the Employer’s

Section IX: Particular Conditions _______________ Page | 180

 Conditions Sub-Clause Data
Country, the issuing financial institution shall have
a correspondent financial institution located in the
Employer’s Country to make it enforceable
The ESHS Performance Security will be in the form
of a “demand guarantee” in the amount(s) of One
percent (1%) of the Accepted Contract Amount
and in the same currency (ies) as the Accepted
Contract Amount.
Environmental and Social
4.2
(ES) Performance Security
If the unconditional guarantee is issued by a
financial institution located outside the Employer’s
Country, the issuing financial institution shall have
a correspondent financial institution located in the
Employer’s Country to make it enforceable
Period for notification of
errors in the items of 4.7.2 (a) Not later than 28 days
reference

Period of payment for

4.19 N/A
temporary utilities

Number of additional paper

4.20 Three (3) and 1(one) soft copy.
copies of progress reports
Maximum allowable
The Contractor is encouraged to subcontract up
accumulated value of work
to a maximum of 40% of the value of works
subcontracted (as a
through sub-contracting of sub-works and supply
percentage of the Accepted
5.1(a) of materials, equipment and services to national
Contract Amount or volume
and resident providers.
of work-as per provision
The contractor shall commit to this subcontracting
made under BDS of ITB
by signing a declaration form.
34.2)
Parts of the Works for which
subcontracting is not 5.1(b) None
permitted
Normal working hours are: 21:00 hours to 06:00
hours (Kampala Local Time)

NOTE: The Contractor shall provide for this in their

Normal working hours 6.5 methodology, and, in their rates, accessories
relevant for night working, including but not
limited to adequate lighting and appropriate
signage for night works.

Section IX: Particular Conditions _______________ Page | 181

 Conditions Sub-Clause Data
Three (3) and 1(one) soft copy in MS project
Number of additional paper
8.3 version 2016 or other acceptable planning
copies of program
software.
0.05% of the Accepted Contract Amount, less
provisional sum, for DAAB, for each section per
day for failure to achieve 40% of the permanent
Delay damages payable for
8.8 works in 60% of the contract period.
each day of delay

Refer to Table: Summary of Sections below

Maximum amount of delay 10% of the Accepted Contract Amount less
8.8
damages provisional sum for DAAB.

Method of measurement 12.2 Admeasurement

Percentage profit 12.3 N/A

Percentage rate to be
applied to Provisional Sums
13.4 (b)(ii)
for overhead charges and 5%
profit
Adjustments for changes in
13.7 Adjustment for changes in cost shall apply
cost
20% Percentage of the Accepted Contract Amount
Total advance payment 14.2 payable in the currencies and proportions in which
the Accepted Contract Amount is payable
(a)_exceeds 25% of the portion of the Accepted
Contract Amount payable in that currency less
Repayment of Advance 14.2.3
Provisional Sums
payment
(b) deductions shall be made at the amortization
rate of 30%

Within 56 days of receipt of request for payment

Period of payment 14.3 accompanied by certified invoices and completion
certificates.
Number of additional paper
14.3(b) Three (3) and 1(one) soft copy
copies of Statements

Percentage of retention 14.3(iii) 10%

Section IX: Particular Conditions _______________ Page | 182

 Conditions Sub-Clause Data
Limit of Retention Money
(as a percentage of 14.3(iii) 10% of the Accepted Contract Amount
Accepted Contract Amount)
Plant and Materials for payment when shipped en
route to the Site. Eligible materials and plant are:
14.5(b)(i)
N/A
Plant and Materials for payment when delivered to
the Site shall include:
(a) Guard rails
(b) Aggregates
Plant and Materials (c) Culverts
(d) Paving slabs and Kerbs
14.5(c)(i)
(e) Bitumen
(f) Road lighting components
(g) Traffic Signal components
(h) Traffic control equipment
Payment will be at 70% of measured value as
approved by the Engineer
Minimum Amount of
14.6.2 1.5 % of the Accepted Contract Amount.
Interim Payment Certificates
Period of payment of
Advance Payment to the 14.7(a) 28 days
Contractor
Period for the Employer to
make interim payments to
the Contractor under Sub- 14.7b(i) 56 days
Clause 14.6 (interim
Payment)
Period for the Employer to
make interim payments to
14.7b(ii) 56 days
the Contractor under Sub-
Clause 14.13 (Final Payment)
Period for the Employer to
make final payment to the 14.7(c) 90 days
Contractor

Section IX: Particular Conditions _______________ Page | 183

 Conditions Sub-Clause Data
financing charges for
delayed payment
(percentage points above
the average bank short- 14.8 Bank of Uganda running rate.
term lending rate as
referred to under sub-
paragraph (a))
Number of additional paper
copies of draft Final 14.11.1(b) Three (3) and 1(one) soft copy
Statement

Section IX: Particular Conditions _______________ Page | 184

 insurance required for the Works:
1. The Contract Works, including temporary works
and free issue materials, plus, the attendant
liability that may result from the same;
2. The Contractor’s Plant & Machinery, Tools
tackle and equipment, including those which
the insured is responsible for under a hire
purchase or lease agreement
3. Temporary buildings, site huts and other
temporary accommodation and their contents
(other than computer or other data processing
equipment) belonging to the insured or for
which the insured is responsible under a hire
purchase or lease agreement
4. Employees Effects – tools & personal effects
belonging to Employees but not motor
vehicles, precious metals or stones, watches,
jewellery or money
5. Hired In Plant – Tools tackle and equipment,
site huts and other temporary accommodation
hired by the insured and for which they are
responsible under the terms of their hiring
Permitted deductible limits 19.1
agreement or otherwise but not plant on hire
purchase or subject to a lease agreement or on
free loan.
insurance required for Goods:
1. The In-land Marine/or Goods in transit
insurance policy
2. The Open Cover Project Marine insurance
policy
insurance required for liability for breach of
professional duty: Incidents that may give rise to
financial loss or claims.

insurance required against liability for fitness for

purpose (if any is required): Coverage for liability
arising from failure to meet or fulfil the intended
purpose of use.

insurance required for injury to persons and

damage to property:
1. 0.275% for Office and Administration
2. 0.65% for Construction drivers, security
guards and turn boys

Section IX: Particular Conditions _______________ Page | 185

 Conditions Sub-Clause Data

insurance required for injury to employees:

Workers’ compensation insurance policy before
commencing works

other insurances required by Laws and by local

practice:
1. The worker’s compensation insurance
2. Motor 3rd Party Liability
3. Marine insurance Act – requiring all
imports and exports to be insured locally

Additional amount to be
insured (as a percentage of 1. 0.3% for roads and
19.2.1(b)
the replacement value, if 2. 0.25% for buildings
less or more than 15%)

List of Exceptional Risks

The CAR Contract of insurance is an All risks policy
which shall not be excluded
19.2.1(iv) that covers all risks unless specifically excluded in
from the insurance cover for
the policy exclusions, terms and conditions.
the Works

Extent of insurance required

Full cost replacement cover on goods
for Goods
19.2.2
Amount of insurance required for goods is
Amount of insurance
dependent on the volume of goods (materials and
required for Goods
inputs, plant and equipment)

amount of insurance
1. Architects and Surveyors - 2%
required for liability for 19.2.3(a)
2. Engineers – 1.5%
breach of professional duty

Insurance required against

liability for fitness for 19.2.3(b) Yes
purpose

Period of insurance required

for liability for breach of 19.2.3 7 years
professional duty

Section IX: Particular Conditions _______________ Page | 186

 Conditions Sub-Clause Data

Amount of insurance
required for injury to
19.2.4 1%
persons and damage to
property

Other insurances required

by Laws and by local Motor Comprehensive
practice (give details)

Within 28 days after the contractor receives letter

Time for appointment of
21.1 of acceptance. Preferably before contract
DAAB
signature.

The DAAB shall be Three Members (3)

21.1
comprised of

Proposed by Employer [CVs will be provided

within 28 days after Contract effectiveness]
1._____________________
2.______________________
List of proposed members 3.______________________
21.1
of DAAB Proposed by Contractor [CVs will be provided
within 28 days after Contract effectiveness
1.________________________
2._________________________
3._________________________

Uganda Engineers’ Registration Board within

Appointment (if not agreed)
21.2 42 days after signing of the Contract
to be made by
Agreement by both parties.
Sub-Clause 21.6(a) of PART B – Specific Provisions
shall apply.

Arbitration shall be conducted in accordance with:

Rules of arbitration 21.6(a) (a) for foreign Contractors, International
Chamber of Commerce (ICC), and
(b) for Local/ Locally registered Contractors,
the Arbitration and Conciliation Act Cap 4.
Laws of Uganda

Section IX: Particular Conditions _______________ Page | 187

 Conditions Sub-Clause Data
Sub-Clause 21.6(b) of PART B – Specific Provisions
21.6 (b)
shall apply.
Place of arbitration 21.6(a) For foreign Contractors, international
Chamber of Commerce(ICC) Nairobi.

For Local/Locally registered contractors,

Centre for arbitration in Kampala (Uganda)

Section IX: Particular Conditions _______________ Page | 188

Table: Summary of Sections (if any)
Description of parts of
the Works that shall be Value: Percentage* of
Time for
designated a Section Accepted Contract Delay Damages
Completion
for the purposes of the Amount (Sub-Clause 8.8)
(Sub-Clause 1.1.84)
Contract (Sub-Clause 14.9)
(Sub-Clause 1.1.73)
Mugema Road incl. 18 months
two Junctions to be
designed during the 0.05% of the final
design review period Contract Price for each
section per day up to a
Masiro Road to be 9 months
maximum of 10% of
designed during the
the final Contract Price
design review period for each section in the
Sentema Road-1 18 months event that the
18 months contractor does not
Sentema Road-2
achieve 40% of the
Kiwunya Channel 18 months permanent works in
18 months 60% of the contract
Nsooba Channel
period.
Nsambya Rd / Hanlon 8 months
Rd Junction (J-1)

*These percentages shall also be applied to each half of the Retention Money under Sub-Clause 14.9

Section IX: Particular Conditions _______________ Page | 189

Part B - Specific Provisions

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

Contract

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

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

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

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

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

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

Tender

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

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

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

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

ES Exploitation and Assault (SEA)).

Section IX: Particular Conditions _______________ Page | 190

Sub-Clause 1.1.92 “Sexual Exploitation and Abuse” “(SEA)” and Sexual
Sexual Exploitation and Harassment (HS) mean the following:
Abuse (SEA), and Sexual
Harassment (SH) 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; and
“Sexual Harassment” “(SH)” is defined as unwelcome
sexual advances, requests for sexual favours, and other
verbal or physical conduct of a sexual nature by the
Contractor’s Personnel with other Contractor’s or
Employer’s Personnel.

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

Interpretation
(a) “Words indicating one gender include all genders;

“he/she” is replaced with:” it”;

“him/her” is replaced with “it”;

“his” and “his/her” are replaced with: “its”;

“himself/herself” are replaced with: “itself”.”

Further, “and” is deleted from the end of sub-paragraph (i) and

added at the end of sub-paragraph (j).

sub-paragraph (k) is added:

(k) “The word “tender” is synonymous with “bid” or

“proposal”, the word tenderer with “bidder” or
“proposer” and the words “tender documents” with
“request for bids documents” or “request for proposal
documents”, as applicable.”

Section IX: Particular Conditions _______________ Page | 191

Sub-Clause 1.5 The following documents are added in the list of Priority
Priority of Documents Documents after (e):

“(f) the Particular Conditions Part C- Fraud and Corruption;

(g) the Particular Conditions Part D- Environmental and Social

(ES) Metrics for Progress Reports;”

and the list renumbered accordingly.

Sub-Clause 1.6 The last paragraph is replaced with:

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

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

“or” at the end of (c) is added.

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

Bank .”

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

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

Section IX: Particular Conditions _______________ Page | 192

 termination (as well as to a determination of ineligibility
pursuant to the Bank’s prevailing sanctions procedures).”

Sub-Clause 2.4 The first paragraph is replaced with:

Employer’s Financial
Arrangements “The Employer shall submit, before the Commencement Date,
reasonable evidence that financial arrangements have been
made for financing the Employer’s obligations under the
Contract.”

The following sub-paragraph is added at the end of Sub-

Clause 2.4:
“In addition, if the Bank has notified to the Borrower that the
Bank has suspended disbursements under its loan, which
finances in whole or in part the execution of the Works, the
Employer shall give notice of such suspension to the
Contractor with detailed particulars, including the date of such
notification, with a copy to the Engineer, within 7 days of the
Borrower having received the suspension notification from the
Bank. If alternative funds will be available in appropriate
currencies to the Employer to continue making payments to
the Contractor beyond a date 60 days after the date of Bank
notification of the suspension, the Employer shall provide
reasonable evidence in its notice of the extent to which such
funds will be available.”

Sub-Clause 2.6 [If Employer- Supplied Materials are listed in the Employer’s
Employer-Supplied Requirements for the Contractor’s use in the execution of
Works, the following provisions may be added]:
Materials and Employer’s
Equipment
The following is added after the last paragraph of Sub-Clause
2.6:

“The Employer shall supply to the Contractor the Employer-

Supplied Materials listed in the Specification, at the time(s)
stated in the Specification (if not stated, within the times that
shall be required to enable the Contractor to proceed with
execution of the Works in accordance with the Programme).

When made available by the Employer, the Contractor shall

visually inspect the Employer-Supplied Materials and shall
promptly give a Notice to the Engineer of any shortage, defect
or default in them. Thereafter, the Contractor shall rectify such
shortage, defect or default to the extent instructed by the

Section IX: Particular Conditions _______________ Page | 193

Engineer. Such instruction shall be deemed to have been given
under Sub-Clause 13.3.1 [Variation by Instruction].

After this visual inspection, the Employer-Supplied Materials

shall come under the care, custody and control of the
Contractor. The Contractor’s obligations of inspection, care,
custody, and control shall not relieve the Employer of liability
of any shortage, defect or default not apparent from a visual
inspection.”

[If Employer’s Equipment are listed in the Specification for the

Contractor’s use in the execution of Works, the following
provisions may be added]:

The following is added after the last paragraph of Sub-Clause

2.6:

“The Employer shall make the Employer’s Equipment listed in

the Specification available to the Contractor at the time(s)
stated in the Specification (if not stated, within the times that
shall be required to enable the Contractor to proceed with
execution of the Works in accordance with the Programme).

Unless expressly stated otherwise in the Specification, the

Employer’s Equipment shall be provided for the exclusive use
of the Contractor.

When made available by the Employer, the Contractor shall

visually inspect the Employer’s Equipment and shall promptly
give a Notice to the Engineer of any shortage, defect or default
in them. Thereafter, the Contractor shall rectify such shortage,
defect or default to the extent instructed by the Engineer. Such
instruction shall be deemed to have been given under Sub-
Clause 13.3.1 [Variation by Instruction].

The Contractor shall be responsible for the Employer’s

Equipment while it is under the Contractor’s control and/or any
of the Contractor’s Personnel is operating it, driving it,
directing it, using it, or in control of it.

The Contractor shall not remove from the Site any items of the
Employer’s Equipment without the consent of the Employer.
However, consent shall not be required for vehicles

Section IX: Particular Conditions _______________ Page | 194

 transporting Goods or Contractor’s personnel to or from the
Site.”

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

Sub-Clause 3.2 The Engineer shall obtain the consent in writing of the
Engineer’s Duties and Employer before taking action under the following Sub-
Authority Clauses of these Conditions:

(a) Sub-Clause 13.1: Right to vary - instructing a variation,

except;

(i) in an emergency situation as determined by

the Engineer; or
(ii) (if such a Variation would increase the
Accepted Contract Amount by less than the
percentage specified in the Contract Data.
(b) Sub-Clause 13.2 (Value Engineering): stating consent or
otherwise to a value engineering proposal submitted by
the Contractor in accordance with Sub-Clause 13.2.

Notwithstanding the obligation, as set out above, to obtain

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

Section IX: Particular Conditions _______________ Page | 195

Sub-Clause 3.3 The following is added at the end of Sub-Clause 3.3:
Engineer’s Representative
“The Engineer shall obtain the consent of the Employer before
appointing or replacing an Engineer’s Representative.”

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

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

Sub-Clause 4.1 The following is inserted after the paragraph “The Contractor
Contractor’s General shall provide the Plant (and spare parts, if any) …”:
Obligations
“All equipment, material, and services to be incorporated in or
required for the Works shall have their origin in any eligible
source country as defined by the Bank.”
The following is inserted after the paragraph “The Contractor
shall, whenever required by the Engineer...”:

The Contractor shall not carry out mobilization to Site (e.g.

limited clearance for haul roads, site accesses and work site
establishment, geotechnical investigations or investigations
to select ancillary features such as quarries and borrow pits)
unless the Engineer gives consent, a consent that shall not be
unreasonably delayed, that appropriate measures are in place
to address environmental and social risks and impacts, which
at a minimum shall include applying the Management
Strategies and Implementation Plans (MSIPs) and Code of
Conduct for Contractor’s Personnel submitted as part of the
Bid and agreed as part of the Contract.

The Contractor shall submit, to the Engineer for Review any

additional MSIPs as are necessary to manage the ES risks and
impacts of ongoing Works (e.g. excavation, earth works,
bridge and structure works, stream and road diversions,

Section IX: Particular Conditions _______________ Page | 196

quarrying or extraction of materials, concrete batching and
asphalt manufacture). These MSIPs collectively comprise the
Contractor’s Environmental and Social Management Plan (C-
ESMP). The Contractor shall review the C-ESMP, periodically
(but not less than every six (6) months), and update it as
required to ensure that it contains measures appropriate to
the Works. The updated C-ESMP shall be submitted to the
Engineer for Review

The C-ESMP shall be part of the Contractor’s Documents. The

procedures for Review of the C-ESMP and its updates shall be
as described in Sub-Clause 4.4.1 [Preparation and Review].

The following is added as (g); (g) and (h) of the Sub-Clause

are then renumbered as (h) and (i) respectively.

(g) if so stated in the Specification, the Contractor shall:

(i) design structural elements of the Works taking

into account climate change considerations;

(ii) apply the concept of universal access (the concept

of universal access means unimpeded access for
people of all ages and abilities in different
situations and under various circumstances;
(iii) consider the incremental risks of the public’s
potential exposure to operational accidents or
natural hazards, including extreme weather
events; and
(iv) any other requirement stated in the
Specification.”

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

“The Contractor shall provide relevant contract- related

information, as the Employer and/or Engineer may
reasonably request to conduct Stakeholder engagements.
“Stakeholder” refers to individuals or groups who:

(i) are affected or likely to be affected by the Contract;

and
(ii) may have ab interest in the Contract.

Section IX: Particular Conditions _______________ Page | 197

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

Sub-Clause 4.2 The first paragraph is replaced with:

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

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

term “Performance Security” is replaced with: “Performance
Security and, if applicable, an Environmental and Social (ES)
Performance Security”:

2.1- Right of Access to the Site;

14.2- Advance Payment;

14.6- Issue of IPC;

14.12- Discharge;

14.13- Issue of FPC;

14.14 Cessation of Employer’s Liability;

15.2- Termination for Contractor’s Default;

15.5- Termination for Employer’s Convenience.

Sub-Clause 4.2.1 The first paragraph is replaced with:

Contractor’s
obligations “The Contractor shall deliver the Performance Security and, if
applicable, an ES Performance Security to the Employer within
28 days after receiving the Letter of Acceptance and shall send
a copy to the Engineer. The Performance Security shall be
issued by a reputable bank or financial institution selected by

Section IX: Particular Conditions _______________ Page | 198

 the Contractor and shall be in the form annexed to the
Particular Conditions, as stipulated by the Employer in the
Contract Data, or in another form approved by the Employer.
The ES Performance Security shall be issued by a reputable
bank selected by the Contractor and shall be in the form
annexed to the Particular Conditions, as stipulated by the
Employer in the Contract Data, or in another form approved
by the Employer.”

Thereafter, throughout Sub-Clause 4.2 “Performance Security”

is replaced with: “Performance Security and, if applicable, ES
Performance Security.”

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

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

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

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

Co-operation “Contractor’s”, add “of the”.

The following is added after the first paragraph:

“The Contractor shall also, as stated in the Specification or as

instructed by the Engineer, cooperate with and allow
appropriate opportunities for the Employer’s Personnel to
conduct any environmental and social assessment.

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

Setting out 4.7.3:

- before “if the items of reference”, add: “when examining

the items of reference within the period stated in sub-
paragraph (a) of Sub-Clause 4.7.2”

Section IX: Particular Conditions _______________ Page | 199

 - On the second and third lines, the following is deleted
“and the contractor’s Notice is given after the period
stated in sub-paragraph (a) of Sub-Clause 4.7.2”.

Sub-Clause 4.8 The following are included after deleting “and” at the end of
Health and Safety (f) and replacing “.” with “;” at the end of (g):
Obligations “
(h) provide health and safety training of Contractor’s
Personnel as appropriate and maintain training
records;
(i) actively engage the Contractor’s Personnel in
promoting understanding, and methods for,
implementation of health and safety requirements, as
well as in providing information to Contractor’s
Personnel, training on occupational safety and health,
and provision of personal protective equipment
without expense to the Contractor’s Personnel;
(j) put in place workplace processes for Contractor’s
Personnel to report work situations that they believe
are not safe or healthy, and to remove themselves
from a work situation which they have reasonable
justification to believe presents an imminent and
serious danger to their life or health.
(k) Contractor’s Personnel who remove themselves
from such work situations shall not be required to
return to work until necessary remedial action to
correct the situation has been taken. Contractor’s
Personnel shall not be retaliated against or otherwise
subject to reprisal or negative action for such
reporting or removal;
(l) subject to Sub-Clause 4.6, collaborate with the
entities and Personnel under paragraph (a) , (b) and
(c) of Sub-Clause 4.6, in applying the health and safety
requirements. This is without prejudice to the
responsibility of the relevant entities for the health
and safety of their own personnel; and
(m) establish and implement a system for regular (not
less than six-monthly) review of health and safety
performance and the working environment.”

The second and third paragraphs are replaced with the

following:

Section IX: Particular Conditions _______________ Page | 200

 “Subject to Sub-Clause 4.1, the Contractor shall submit to the
Engineer for Review a health and safety manual which has
been specifically prepared for the Works, the Site and other
places (if any) where the Contractor intends to execute the
Works. The procedures for Review of the health and safety
manual and its updates shall be as described in Sub-Clause
4.4.1 [Preparation and Review].
The health and safety manual shall be in addition to any other
similar document required under applicable health and safety
regulations and Laws.
The health and safety manual shall set out all the health and
safety requirements under the Contract,
(a) which shall include at a minimum:
(i) the procedures to establish and maintain a safe
working environment without risk to health at
all workplaces, machinery, equipment and
processes under the control of the Contractor,
including control measures for chemical,
physical and biological substances and agents;
(ii) details of the training to be provided, records
to be kept;
(iii) the procedures for prevention, preparedness
and response activities to be implemented in
the case of an emergency event (i.e. an
unanticipated incident, arising from both
natural and man-made hazards, typically in
the form of fire, explosions, leaks or spills,
which may occur for a variety of different
reasons including failure to implement
operating procedures that are designed to
prevent their occurrence, extreme weather or
lack of early warning);
(iv) the measures to be taken to avoid or
minimize the potential for community
exposure to water-borne, water-based, water-
related, and vector-borne diseases,
(v) the measures to be implemented to avoid or
minimize the spread of communicable
diseases (including transfer of Sexually

Section IX: Particular Conditions _______________ Page | 201

 Transmitted Diseases or Infections (STDs),
such as HIV virus) and non-communicable
diseases associated with the execution of the
Works, taking into consideration
differentiated exposure to and higher
sensitivity of vulnerable groups. This includes
taking measures to avoid or minimize the
transmission of communicable diseases that
may be associated with the influx of
temporary or permanent Contract-related
labour;
(vi) the policies and procedures on the
management and quality of accommodation
and welfare facilities if such accommodation
and welfare facilities are provided by the
Contractor in accordance with Sub-Clause 6.6;
and
(b) any other requirements stated in the Specification.
The paragraph starting with: “In addition to the reporting
requirement of…” is deleted and replaced with the addition to
GC Sub-Clause 4.20 in Sub-Clause 4.20 of the Special
Provisions.

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

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

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

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

The Contractor shall ensure that emissions, surface discharges,

effluent and any other pollutants from the Contractor’s

Section IX: Particular Conditions _______________ Page | 202

 activities shall exceed neither the values indicated in the
Specification, nor those prescribed by applicable Laws.

In the event of damage to the environment, property and/or

nuisance to people, on or off Site as a result of the Contractor’s
operations, the Contractor shall agree with the Engineer the
appropriate actions and time scale to remedy, as practicable,
the damaged environment to its former condition. The
Contractor shall implement such remedies at its cost to the
satisfaction of the Engineer.”

Sub-Clause 4.20 Replace “4.20 (g) with: “the Environmental and Social (ES)
Progress Reports metrics set out in Particular Conditions - Part D”

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

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

Section IX: Particular Conditions _______________ Page | 203

 The Contractor shall require its Subcontractors and suppliers
(other than Subcontractors) to immediately notify the
Contractor of any incidents or accidents referred to in this Sub
clause.”

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

Security of the Site “Sub-Clause 4.21 Security of the Site
The Contractor shall be responsible for the security of the Site,
and:

(a) for keeping unauthorised persons off the Site;

(b) authorised persons shall be limited to the Contractor’s

Personnel, the Employer’s Personnel, and to any other
personnel identified as authorised personnel (including
the Employer’s other contractors on the Site), by a
Notice from the Employer or the Engineer to the
Contractor.

Subject to Sub-Clause 4.1, the Contractor shall submit for the

Engineer’s No-objection a security management plan that sets
out the security arrangements for the Site.

The Contractor shall (i) conduct appropriate background

checks on any personnel retained to provide security; (ii) train
the security personnel adequately (or determine that they are
properly trained) in the use of force (and where applicable,
firearms), and appropriate conduct towards Contractor’s
Personnel, Employer’s Personnel and affected communities;
and (iii) require the security personnel to act within the
applicable Laws and any requirements set out in the
Specification.

The Contractor shall not permit any use of force by security

personnel in providing security except when used for
preventive and defensive purposes in proportion to the nature
and extent of the threat.
In making security arrangements, the Contractor shall also
comply with any additional requirements stated in the
Specification.”

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

Section IX: Particular Conditions _______________ Page | 204

Sub-Clause 4.23 The first paragraph is replaced with the following:
Archaeological and “All fossils, coins, articles of value or antiquity, structures,
Geological Findings groups of structures, and other remains or items of geological,
archaeological, paleontological, historical, architectural or
religious interest found on the Site shall be placed under the
care and custody of the Employer. The Contractor shall:

(a) take all reasonable precautions, including fencing-off

the area or site of the finding, to avoid further
disturbance and prevent Contractor’s Personnel or
other persons from removing or damaging any of
these findings;
(b) train relevant Contractor’s Personnel on appropriate
actions to be taken in the event of such findings; and
(c) implement any other action consistent with the
requirements of the Specification and relevant Laws.”

Sub-Clause 4.24 4.24.1 Forced Labour

Suppliers (other than The Contractor shall take measures to require its suppliers
Subcontractors) (other than Subcontractors) not to employ or engage forced
labour including trafficked persons as described in Sub-Clause
6.21. If forced labour/trafficking cases are identified, the
Contractor shall take measures to require the suppliers to take
appropriate steps to remedy them. Where the supplier does
not remedy the situation, the Contractor shall within a
reasonable period substitute the supplier with a supplier that
is able to manage such risks.

4.24.2 Child labour

The Contractor shall take measures to require its suppliers
(other than Subcontractors) not to employ or engage child
labour as described in Sub-Clause 6.22. If child labour cases
are identified, the Contractor shall take measures to require
the suppliers to take appropriate steps to remedy them. Where
the supplier does not remedy the situation, the Contractor
shall within a reasonable period substitute the supplier with a
supplier that is able to manage such risks.

4.24.3 Serious Safety Issues

The Contractor, including its Subcontractors, shall comply with
all applicable safety obligations, including as stated in Sub-
Clauses 4.8, 5.1 and 6.7. The Contractor shall also take
measures to require its suppliers (other than Subcontractors)
to adopt procedures and mitigation measures adequate to

Section IX: Particular Conditions _______________ Page | 205

 address safety issues related to their personnel. If serious
safety issues are identified, the Contractor shall take measures
to require the suppliers to take appropriate steps to remedy
them. Where the supplier does not remedy the situation, the
Contractor shall within a reasonable period substitute the
supplier with a supplier that is able to manage such risks.

4.24.4 Obtaining natural resource materials in relation to

supplier
The Contractor shall obtain natural resource materials from
suppliers that can demonstrate, through compliance with the
applicable verification and/ or certification requirements, that
obtaining such materials is not contributing to the risk of
significant conversion or significant degradation of natural or
critical habitats such as unsustainably harvested wood
products, gravel or sand extraction from river beds or beaches.

If a supplier cannot continue to demonstrate that obtaining

such materials is not contributing to the risk of significant
conversion or significant degradation of natural or critical
habitats, the Contractor shall within a reasonable period
substitute the supplier with a supplier that is able to
demonstrate that they are not significantly adversely
impacting the habitats.

Sub-Clause 4.25 The Contractor shall have a Code of Conduct for the
Code of Conduct Contractor’s Personnel.
The Contractor shall take all necessary measures to ensure that
each Contractor’s Personnel is made aware of the Code of
Conduct including specific behaviours that are prohibited, and
understands the consequences of engaging in such prohibited
behaviours.
These measures include providing instructions and
documentation that can be understood by the Contractor’s
Personnel and seeking to obtain that person’s signature
acknowledging receipt of such instructions and/or
documentation, as appropriate.
The Contractor shall also ensure that the Code of Conduct is
visibly displayed in multiple locations on the Site and any other
place where the Works will be carried out, as well as in areas

Section IX: Particular Conditions _______________ Page | 206

 outside the Site accessible to the local community and project
affected people. The posted Code of Conduct shall be
provided in languages comprehensible to Contractor’s
Personnel, Employer’s Personnel and the local community.

The Contractor’s Management Strategy and Implementation

Plans shall include appropriate processes for the Contractor to
verify compliance with these obligations.

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

Subcontractors paragraph.

“The Contractor shall require that its Subcontractors execute

the Works in accordance with the Contract, including
complying with the relevant ES requirements and the
obligations set out in Sub-Clause 4.25 above.”
The following is added at the end of the last paragraph of
Sub-Clause 5.1:

“All subcontracts relating to the Works shall include

provisions which entitle the Employer to require the
subcontract to be assigned to the Employer under sub-
paragraph (a) of Sub-Clause 15.2.3 [After Termination].
Where practicable, the Contractor shall give fair and
reasonable opportunity for contractors from the Country to
be appointed as Subcontractors.”

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

Objection to Nomination “nominated” is added.

In sub-paragraph (c):

“and” is deleted from the end of (i);

“.” at the end of (ii) is replaced with: “, and”.

The following is then added as (iii):

“(iii) be paid only if and when the Contractor has received

from the Employer payments for sums due under the
Subcontract referred to under Sub-Clause 5.2.3 [ Payment to
nominated Subcontractors].”

Section IX: Particular Conditions _______________ Page | 207

Sub-Clause 6.1 The following paragraphs are added at the end of the Sub-
Engagement of Staff and Clause:
Labour
The Contractor shall provide the Contractor’s Personnel
information and documentation that are clear and
understandable regarding their terms and conditions of
employment. The information and documentation shall set out
their rights under relevant labour Laws applicable to the
Contractor’s Personnel (which will include any applicable
collective agreements), including their rights related to hours
of work, wages, overtime, compensation and benefits, as well
as those arising from any requirements in the Specification.
The Contractor’s Personnel shall be informed when any
material changes to their terms or conditions of employment
occur.

“The Contractor is encouraged, to the extent practicable and

reasonable, to employ staff and labour with appropriate
qualifications and experience from sources within the
Country.”

Sub-Clause 6.2 The following paragraphs are added at the end of the Sub-
Rates of Wages and Clause:
Conditions of Labour
“The Contractor shall inform the Contractor’s Personnel about:

(a) any deduction to their payment and the conditions of

such deductions in accordance with the applicable
Laws or as stated in the Specification; and
(b) their liability to pay personal income taxes in the
Country in respect of such of their salaries, wages,
allowances and any benefits as are subject to tax under
the Laws of the Country for the time being in force.

The Contractor shall perform such duties in regard to such

deductions thereof as may be imposed on him by such Laws.

Where required by applicable Laws or as stated in the

Specification, the Contractor shall provide the Contractor’s
Personnel written notice of termination of employment and
details of severance payments in a timely manner. The
Contractor shall have paid the Contractor’s Personnel (either
directly or where appropriate for their benefit) all due wages
and entitlements including, as applicable, social security

Section IX: Particular Conditions _______________ Page | 208

 benefits and pension contributions, on or before the end of
their engagement/ employment.”

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

Sub-Clause 6.6
Facilities for Staff and The following is added as the last paragraph:
Labour
“If stated in the Specification, the Contractor shall give access
to or provide services that accommodate the physical, social
and cultural needs of the Contractor’s Personnel. The
Contractor shall also provide similar facilities for the
Employer’s Personnel as stated in the Specification.”

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

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

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

Contractor’s Personnel “The Contractor’s Personnel (including Key Personnel, if any)
shall be appropriately qualified, skilled, experienced and
competent in their respective trades or occupations.

The Engineer may require the Contractor to remove (or cause

to be removed) any person employed on the Site or Works,
including the Contractor’s Representative and Key Personnel
(if any), who:

(a) persists in any misconduct or lack of care;

(b) carries out duties incompetently or negligently;
(c) fails to comply with any provision of the Contract;
(d) persists in any conduct which is prejudicial to safety,
health, or the protection of the environment;
(e) based on reasonable evidence, is determined to have
engaged in Fraud and Corruption during the execution of
the Works;
(f) has been recruited from the Employer’s Personnel in
breach of Sub-Clause 6.3 [Recruitment of Persons];

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 (g) undertakes behaviour which breaches the Code of
Conduct for Contractor’s Personnel (ES).

If appropriate, the Contractor shall then promptly appoint (or

cause to be appointed) a suitable replacement with equivalent
skills and experience. In the case of replacement of the
Contractor’s Representative, Sub-Clause 4.3 [Contractor’s
Representative] shall apply. In the case of replacement of Key
Personnel (if any), Sub-Clause 6.12 [Key Personnel] shall apply.

Subject to the requirements in Sub-Clause 4.3 [Contractor’s

Representative] and 6.12 [Key Personnel], and notwithstanding
any requirement from the Engineer to remove or cause to
remove any person, the Contractor shall take immediate action
as appropriate in response to any violation of (a) through (g)
above. Such immediate action shall include removing (or
causing to be removed) from the Site or other places where
the Works are being carried out, any Contractor’s Personnel
who engages in (a), (b), (c), (d), (e) or (g) above or has been
recruited as stated in (f) above.”

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

The following Sub-Clauses 6.13 to 6.27 are added after sub-clause 6.12

Sub-Clause 6.13 The Contractor may bring into the Country any foreign
Foreign Personnel personnel who are necessary for the execution of the Works to
the extent allowed by the applicable Laws. The Contractor shall
ensure that these personnel are provided with the required
residence visas and work permits. The Employer will, if
requested by the Contractor, use its best endeavours in a
timely and expeditious manner to assist the Contractor in
obtaining any local, state, national, or government permission
required for bringing in the Contractor’s personnel.

The Contractor shall be responsible for the return of these

personnel to the place where they were recruited or to their
domicile. In the event of the death in the Country of any of
these personnel or members of their families, the Contractor

Section IX: Particular Conditions _______________ Page | 210

 shall similarly be responsible for making the appropriate
arrangements for their return or burial.

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

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

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

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

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

Sub-Clause 6.19 The Contractor shall respect the Country’s recognized festivals,
Festivals and Religious days of rest and religious or other customs.
Customs

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

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

Section IX: Particular Conditions _______________ Page | 211

Sub-Clause 6.21 The Contractor, including its Subcontractors, shall not employ
Forced Labour or engage forced labour. Forced labour 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 labour, such as indentured
labour, bonded labour or similar labour-contracting
arrangements.

No persons shall be employed or engaged who have been

subject to trafficking. Trafficking in persons is defined as the
recruitment, transportation, transfer, harbouring or receipt of
persons by means of the threat or use of force or other forms
of coercion, abduction, fraud, deception, abuse of power, or of
a position of vulnerability, or of the giving or receiving of
payments or benefits to achieve the consent of a person
having control over another person, for the purposes of
exploitation.

Sub-Clause 6.22 The Contractor, including its Subcontractors, shall not employ
Child Labour or engage a child under the age of 14 unless the national law
specifies a higher age (the minimum age).

The Contractor, including its Subcontractors, shall not employ

or engage a child between the minimum age and the age of
18 in a manner that is likely to be hazardous, or to interfere
with, the child’s education, or to be harmful to the child’s
health or physical, mental, spiritual, moral, or social
development.

The Contractor including its Subcontractors, shall only employ

or engage children between the minimum age and the age of
18 after an appropriate risk assessment has been conducted
by the Contractor with the Engineer’s consent. The Contractor
shall be subject to regular monitoring by the Engineer that
includes monitoring of health, working conditions and hours
of work.

Work considered hazardous for children is work that, by its

nature or the circumstances in which it is carried out, is likely
to jeopardize the health, safety, or morals of children. Such
work activities prohibited for children include work:

(a) with exposure to physical, psychological or sexual

abuse;

Section IX: Particular Conditions _______________ Page | 212

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

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

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

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

Section IX: Particular Conditions _______________ Page | 213

 Contractor’s Personnel on the principle of equal opportunity
and fair treatment, and shall not discriminate with respect to
any aspects of the employment relationship, including
recruitment and hiring, compensation (including wages and
benefits), working conditions and terms of employment,
access to training, job assignment, promotion, termination of
employment or retirement, and disciplinary practices.

Special measures of protection or assistance to remedy past

discrimination or selection for a particular job based on the
inherent requirements of the job shall not be deemed
discrimination. The Contractor shall provide protection and
assistance as necessary to ensure non-discrimination and
equal opportunity, including for specific groups such as
women, people with disabilities, migrant workers and children
(of working age in accordance with Sub-Clause 6.22).

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

Contractor’s Personnel Contractor’s Personnel, and where relevant the workers’
Grievance Mechanism organizations stated in Sub-Clause 6.24, to raise workplace
concerns. The grievance mechanism shall be proportionate to
the nature, scale, risks and impacts of the Contract. The
mechanism shall address concerns promptly, using an
understandable and transparent process that provides timely
feedback to those concerned in a language they understand,
without any retribution, and shall operate in an independent
and objective manner.

The Contractor’s Personnel shall be informed of the grievance

mechanism at the time of engagement for the Contract, and
the measures put in place to protect them against any reprisal
for its use. Measures will be put in place to make the grievance
mechanism easily accessible to all Contractor’s Personnel.

The grievance mechanism shall not impede access to other

judicial or administrative remedies that might be available, or
substitute for grievance mechanisms provided through
collective agreements.

The grievance mechanism may utilize existing grievance

mechanisms, providing that they are properly designed and
implemented, address concerns promptly, and are readily
accessible to such project workers. Existing grievance

Section IX: Particular Conditions _______________ Page | 214

 mechanisms may be supplemented as needed with Contract-
specific arrangements.

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

Training of Contractor’s Contractor’s Personnel on ES aspects of the Contract, including
Personnel appropriate sensitization on prohibition of SEA, and health and
safety training referred to in Sub-Clause 4.8

As stated in the Specification or as instructed by the Engineer,

the Contractor shall also allow appropriate opportunities for
the relevant Contractor’s Personnel to be trained on ES aspects
of the Contract by the Employer’s Personnel.
The Contractor shall provide training on SEA, including its
prevention, to any of its personnel who has a role to supervise
other Contractor’s Personnel.

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

The following is added as (b) (iv):

“(iv) carryout environmental and social audit, and”

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

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

Sub-Clause 8.1 The Sub- Clause is replaced in its entirety with the following:
Commencement of Work
“The Engineer shall give a Notice to the Contractor stating the
Commencement Date, not less than 14 days before the
Commencement Date.

The Notice shall be issued promptly after the Engineer

determines the fulfilment of the following conditions:

(a) signature of the Contract Agreement by both Parties,

and if required, approval of the Contract by relevant
authorities of the Country;

Section IX: Particular Conditions _______________ Page | 215

 (b) delivery to the Contractor of reasonable evidence of
the Employer’s financial arrangements (under Sub-
Clause 2.4 [Employer’s Financial Arrangements]);
(c) except if otherwise specified in the Contract Data,
effective access to and possession of the Site given to
the Contractor together with such permission(s) under
(a) of Sub-Clause 1.13 [Compliance with Laws] as
required for the commencement of the Works;
(d) receipt by the Contractor of the Advance Payment
under Sub-Clause 14.2 [Advance Payment] provided
that the corresponding bank guarantee has been
delivered by the Contractor;
(e) constitution of the DAAB in accordance with Sub-
Clause 21.1 and Sub-Clause 21.2 as applicable.

Subject to Sub-Clause 4.1 on the Management Strategies and

Implementation Plans and the C-ESMP and Sub-Clause 4.8 on
the health and safety manual, the Contractor, shall commence
the execution of the Works as soon as is reasonably practicable
after the Commencement Date, and shall then proceed with
the Works with due expedition and without delay.”

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

Right of Access after access any part of the Works during the relevant DNP:” is
Taking Over replaced with:

“Whenever, until the date 28 days after issue of the

Performance Certificate, the Contractor intends to access any
part of the Works:”

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

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

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

Provisional Sums
“The Provisional Sum shall be used to cover the Employer's
share of the DAAB members’ fees and expenses, in accordance
with Clause 21. No prior instruction of the Engineer shall be
required with respect to the work of the DAAB. The Contractor
shall submit the DAAB members’ invoices and satisfactory

Section IX: Particular Conditions _______________ Page | 216

 evidence of having paid 100% of such invoices as part of the
substantiation of those Statements submitted under Sub-
Clause 14.3.

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

Sub-Clause 13.7 Add the following paragraph at the end only if Contract Data
Adjustments for changes specifies adjustment shall apply. Otherwise, prices shall be
in Cost fixed during the duration of the Contract:

Schedule of Cost Indexation: Formula for Adjustment for

Change in Cost:

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

“Pn” is the adjustment multiplier to be applied to the estimated

contract value in the relevant currency of the work carried out
in period “n”, this period being a month unless otherwise
stated in the Contract Data;

“a” is a fixed coefficient, stated in the relevant table of

adjustment data, representing the non-adjustable portion in
contractual payments;

“b”, “c”, “d”, … are coefficients representing the estimated

proportion of each cost element related to the execution of
the Works, as stated in the relevant table of adjustment data;
such tabulated cost elements may be indicative of resources
such as labour, equipment and materials;

“Ln”, “En”, “Mn”, … are the current cost indices or reference

prices for period “n”, expressed in the relevant currency of
payment, each of which is applicable to the relevant tabulated
cost element on the date 49 days prior to the last day of the

Section IX: Particular Conditions _______________ Page | 217

 period (to which the particular Payment Certificate relates);
and

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

The cost indices or reference prices stated in the table of

adjustment data shall be used. If their source is in doubt, it
shall be determined by the Engineer. For this purpose,
reference shall be made to the values of the indices at stated
dates (quoted in the fourth and fifth columns respectively of
the table)
If the currency in which the Contract price is expressed is
different from the currency of the country of origin of the
indices, a correction factor will be applied to avoid incorrect
adjustments of the Contract price. The correction factor shall
be: Z0 / Z1, where,

Z0 = the number of units of currency of the origin of the

indices which equal to one unit of the currency of the
Contract Price on the Base date, and

Z1 = the number of units of currency of the origin of the

indices which equal to one unit of the currency of the Contract
Price on the Date of Adjustment.

[Note to the Employer: include one of the following two

alternative texts as applicable]

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

[Alternative 1]
“Notwithstanding the provisions of subparagraph (b),
Contractor's Equipment, including essential spare parts
therefor, imported by the Contractor for the sole purpose of
executing the Contract shall be exempt from the payment of
import duties and taxes upon importation.”
Sub-Clause 14.1
The Contract Price [Alternative 2]

Section IX: Particular Conditions _______________ Page | 218

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

Sub-Clause 14.2.1 The first paragraph is replaced with:

Advance Payment
Guarantee “The Contractor shall obtain (at the Contractor’s cost) an
Advance Payment Guarantee in amounts and currencies equal
to the advance payment, and shall submit it to the Employer
with a copy to the Engineer. This guarantee shall be issued by
reputable bank or financial institution selected by the
Contractor and shall be based on the sample form annexed to
the Particular Conditions or in another form agreed by the

Section IX: Particular Conditions _______________ Page | 219

 Employer (but such agreement shall not relieve the Contractor
from any obligation under this Sub-Clause).”

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

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

Withholding (amounts in)
an IPC The following is then added as subparagraph (c) and sub-
paragraph (c) of the Sub-Clause is renumbered as (d):

“(c) if the Contractor was, or is, failing to perform any ES

obligations or work under the Contract, the value of this
work or obligation, as determined by the Engineer, may
be withheld until the work or obligation has been
performed, and/or the cost of rectification or
replacement, as determined by the Engineer, may be
withheld until rectification or replacement has been
completed. Failure to perform includes, but is not
limited to the following:

(i) failure to comply with any ES obligations or work

described in the Works’ Requirements which may
include: working outside site boundaries, excessive
dust, damage to offsite vegetation, pollution of
water courses from oils or sedimentation,
contamination of land e.g. from oils, human waste,
damage to archaeology or cultural heritage
features, air pollution as a result of unauthorized
and/or inefficient combustion;

(ii) failure to regularly review C-ESMP and/or update

it in a timely manner to address emerging ES
issues, or anticipated risks or impacts;

(iii) failure to implement the C-ESMP e.g. failure to

provide required training or sensitization;

(iv) failing to have appropriate consents/permits prior

to undertaking Works or related activities;

Section IX: Particular Conditions _______________ Page | 220

 (v) failure to submit ES report/s (as described in
Particular Conditions - Part D), or failure to submit
such reports in a timely manner;

(vi) failure to implement remediation as instructed by

the Engineer within the specified timeframe (e.g.
remediation addressing non-compliance/s).”

Sub-Clause 14.7 At the end of sub-paragraph (b): “and” is replaced with “or”
Payment and the following inserted as (iii):

“(iii) at a time when the Bank’s loan or credit (from which part
of the payments to the Contractor is being made) is
suspended, the amount shown on any statement submitted by
the Contractor within 14 days after such statement is
submitted, any discrepancy being rectified in the next payment
to the Contractor; and”

At the end of sub-paragraph (c): “.” is replaced with “;” and the
following inserted:

“or, at a time when the Bank’s loan or credit (from which part
of the payments to the Contractor is being made) is suspended
the undisputed amount shown in the Final Statement within
56 days after the date of notification of the suspension in
accordance with Sub-Clause 16.2 [Termination by Contractor].”

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

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

Section IX: Particular Conditions _______________ Page | 221

 Employer of the required guarantee, the Engineer shall certify
and the Employer shall pay the second half of the Retention
Money. The release of the second half of the Retention Money
against a guarantee shall then be in lieu of the release after
the latest of the expiry dates of the Defects Notification
Periods. The Employer shall return the guarantee to the
Contractor within 21 days after receiving a copy of the
Performance Certificate.

If the Performance Security and, if applicable, an ES

Performance Security required under Sub-Clause 4.2 is in the
form of a demand guarantee, and the amount guaranteed
under them when the Taking-Over Certificate is issued is more
than half of the Retention Money, then the Retention Money
guarantee will not be required. If the amount guaranteed
under the Performance Security and, if applicable, an ES
Performance Security, when the Taking-Over Certificate is
issued is less than half of the Retention Money, the Retention
Money guarantee will only be required for the difference
between half of the Retention Money and the amount
guaranteed under the Performance Security and, if applicable,
an ES Performance Security.”

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

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

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

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

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

The following is then added as (d)

“(d) specify the time within which the Contractor shall respond
to the Notice to Correct.”

In the third para., “shall immediately respond” is replaced with:

“shall respond within the time specified in (d)”. Further, in the
third para., “to comply with the time specified in the Notice to
Correct.” is replaced with: “to comply with the time specified in
(c).”

Section IX: Particular Conditions _______________ Page | 222

Sub-Clause 15.2.1 Sub-paragraph (h) is replaced with: “based on reasonable
Notice evidence, has engaged in Fraud and Corruption as defined in
paragraph 2.2 of the Particular Conditions - Part C- Fraud and
Corruption, in competing for or in executing the Contract.”

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

Fraud and Corruption
“
15.8.1 The Bank requires compliance with its Integrity
Framework comprising the African Development Bank
Group’s Sanctions Procedures, the Bank’s
Whistleblowing and Complaints Policy, the Bank’s
Procurement Policy under the Procurement
Framework and any other applicable Policies and
Procedures including their updates, as set forth in
Particular Conditions - Part C- Fraud and Corruption.

15.8.2 The Employer requires the Contractor to disclose any

commissions or fees that may have been paid or are
to be paid to agents or any other party with respect to
the bidding process or execution of the Contract. The
information disclosed must include at least the name
and address of the agent or other party, the amount
and currency, and the purpose of the commission,
gratuity or fee.”

Sub-Clause 15.9 The following new Sub-Clause is added:

Eligibility
“The Contractor and its Subcontractor or Suppliers shall have
the nationality of an eligible country of the Bank in accordance
with the Bank’s Procurement Policy for the Bank Group Funded
Operation described under the Bank’s Procurement
Framework, and as listed in Section V, Eligible Countries. The
Contractor shall be deemed to have the nationality of a
country if the Contractor 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 sub-consultants for
any part of the Contract including related Services. All

Section IX: Particular Conditions _______________ Page | 223

 materials, equipment and services to be supplied under the
Contract shall have their country of origin in an eligible country
of the Bank in accordance with the Bank’s Procurement Policy
for Bank Group Funded Operations described under the Bank’s
Procurement Framework, and as set forth in Particular
Conditions -Part E- Section V, Eligible Countries.”

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

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

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

sub-paragraph (f) is replaced with:

“(f) the Contractor does not receive a Notice of the

Commencement Date under Sub-Clause 8.1
[Commencement of Works] within 180 days after receiving
the Letter of Acceptance, for reasons not attributable to the
Contractor.”

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

Termination “In the event the Bank suspends the loan or credit from
which part or whole of the payments to the Contractor
are being made, if the Contractor has not received the
sums due to him upon expiration of the 14 days referred
to in Sub-Clause 14.7 [Payment] for payments under
Interim Payment Certificates, the Contractor may, without
prejudice to the Contractor's entitlement to financing
charges under Sub-Clause 14.8 [Delayed Payment], take
one of the following actions, namely (i) suspend work or

Section IX: Particular Conditions _______________ Page | 224

 reduce the rate of work under Sub-Clause 16.1 above, or
(ii) terminate the Contract by giving notice to the
Employer, with a copy to the Engineer, such termination
to take effect 14 days after the giving of the notice.”

Sub-Clause 16.3 [If the Employer has made available any Employer- Supplied
Contractor’s Obligations Materials and/or Employer’s Equipment in accordance with
After Termination Sub-Clause 2.6, include the following:]

“and” is deleted from the end of sub-paragraph (b), sub-

paragraph (c) deleted and the following added:

(c) deliver to the Engineer all Employer- Supplied

Materials and/or Employer’s Equipment made
available to the Contractor in accordance with
Sub-Clause 2.6 [Employer-Supplied materials and
Employer’s Equipment]; and
(d) remove all other Goods from the Site, except as
necessary for safety, and leave the Site.”

Sub-Clause 17.1 On the fourth and fifth lines of the first paragraph, replace
Responsibility for Care of “Date of Completion of the Works” with “issue of the Taking-
the Works Over Certificate for the Works”.

[If Employer- Supplied Materials are listed in the Specification

for the Contractor’s use in the execution of Works, include the
following provision. See also Sub-Clause 2.6 [Employer-
Supplied Materials and Employer’s Equipment]]

After the two instances of “Goods” in the last paragraph, the

following is added: “Employer- Supplied Materials”.

[If Employer’s Equipment are listed in the Employer’s

Requirements for the Contractor’s use in the execution of
Works, include the following provision. See also Sub-Clause
2.6 [Employer-Supplied Materials and Employer’s Equipment]]

After the two instances of “Goods” in the last paragraph, the

following is added: “, Employer’s Equipment,”.

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

Section IX: Particular Conditions _______________ Page | 225

Intellectual and Industrial
Property Rights

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

Use of Employer’s
Accommodation/Facilities “The Contractor shall take full responsibility for the care of the
Employer-provided accommodation and facilities, if any, as
detailed in the Specification, from the respective dates of
hand-over to the Contractor until cessation of occupation
(where hand-over or cessation of occupation may take place
after the date stated in the Taking-Over Certificate for the
Works)

If any loss or damage happens to any of the above items while

the Contractor is responsible for their care arising from any
cause whatsoever other than those for which the Employer is
liable, the Contractor shall, at its own cost, rectify the loss or
damage to the satisfaction of the Engineer.”

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

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

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

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

Optional Termination reasonably”.

Sub-Clause 19.1 The following paragraphs are added after the first:
General Requirements
“Wherever the Employer is the insuring Party, each insurance
shall be effected with insurers and in terms acceptable to the
Contractor. These terms shall be consistent with terms (if any)

Section IX: Particular Conditions _______________ Page | 226

 agreed by both Parties before the date of the Letter of
Acceptance.

This agreement of terms shall take precedence over the

provisions of this Clause."

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

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

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

Sub-Clause 19.2.5 The second paragraph is replaced with:

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

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

Claims

Sub-Clause 20.2 The first paragraph is replaced with:

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

Sub-Clause 21.1 In the second paragraph, at the end of the first sentence after
Constitution of the deleting: “.”, the following is added: “, each of whom shall meet
DAAB the criteria set forth in Sub-Clause 3.3 of Appendix- General
Conditions of Dispute Avoidance/ Adjudication Agreement.”

After the second paragraph insert the following paragraph: “If

the Contract is with a foreign Contractor, the DAAB members

Section IX: Particular Conditions _______________ Page | 227

 shall not have the same nationality as the Employer or the
Contractor.”

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

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

Arbitration arbitration” up to the end of (c), and replace with the following:
“arbitration. Arbitration shall be conducted as follows:

(a) if the contract is with foreign contractors, unless

otherwise specified in the Contract Data; the dispute shall
be finally settled under the Rules of Arbitration of the
International Chamber of Commerce; by one or three
arbitrators appointed in accordance with these Rules. The
place of arbitration shall be the neutral location specified
in the Contract Data; and the arbitration shall be
conducted in the ruling language defined in Sub-Clause
1.4 [Law and Language].
(b) If the Contract is with domestic contractors, arbitration
with proceedings conducted in accordance with the laws
of the Employer’s country.”

Section IX: Particular Conditions _______________ Page | 228

Appendix- General Conditions of Dispute Avoidance / Adjudication
Agreement
Title “General Conditions of Dispute Avoidance/Adjudication
Agreement” is replaced with “General Conditions of DAAB
Agreement”.

1. Definitions
Sub-Clause 1.2: In both the first and third lines, “DAA
Agreement” is replaced with “DAAB Agreement”.

Sub-Clause 1.3:
- In the first line, “Dispute Avoidance/Adjudication
Agreement” or “DAA Agreement” means” is replaced
with:
- “DAAB Agreement” is as defined under the Contract and
is”.

- In the first line of sub-paragraph (c), “DAA Agreement” is

replaced with “DAAB Agreement”.

- In sub-paragraph (c)(ii), “chairman” is replaced with

“chairperson”.

Sub-Clause 1.3 “DAAB Activities” is replaced with Sub-Clause

1.4 “DAAB Activities” and the subsequent Sub- Clauses under
Clause 1 “Definitions” renumbered:

Sub-Clause 1.7 to 12: Replace all instances of “DAA

Agreement” with “DAAB Agreement”.

In Sub-Clause 1.8 a(i):” authorised representative of the

contractor or of the Employer” is replaced with: “Contractor’s
Representative or authorised representative of the Employer”.

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

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

“When appointing the DAAB Member, each Party relies on the

DAAB Member’s representations, that he/she;

Section IX: Particular Conditions _______________ Page | 229

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

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

and the following added:

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

9. Fees and Expenses In Sub-Clause 9.1 (c): “business class or equivalent” is replaced
with: “in less than first class”.

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

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

Annex- DAAB Procedural Rules

Rule 4.2 On the fourth line, “chairman” is replaced with “chairperson”.
Rule 8.3 On the sixth line, “chairman” is replaced with “chairperson”.

Form of Dispute Avoidance/Adjudication Agreement

All instances of “DAA Agreement” are replaced with: “DAAB Agreement”.
In C (b): “chairman” is replaced with “chairperson”.

Section IX: Particular Conditions _______________ Page | 230

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

1. Purpose
1.1 The Bank’s Integrity Framework 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), 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,
harass or intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the investigation or from pursuing the
investigation; or
(b) acts intended to materially impede the exercise of the Bank’s inspection
and audit rights provided for under paragraph 2.2 e. below.

Section IX: Particular Conditions _______________ Page | 231

 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 mis-procurement, 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 Integrity Framework, and in accordance with the Bank’s
prevailing sanctions policies and procedures, may sanction a firm or individual,
either indefinitely or for a stated period of time, including by publicly declaring
such firm or individual ineligible (i) to be awarded or otherwise benefit from a Bank-
financed contract, financially or in any other manner1; (ii) to be a nominated 2 sub-
contractor, consultant, manufacturer or supplier, or service provider of an
otherwise eligible firm being awarded a Bank-financed contract; and (iii) to receive
the proceeds of any loan made by the Bank or otherwise to participate further in
the preparation or implementation of any Bank-financed project;
e. Requires that a clause be included in bidding/request for proposals documents
and in contracts financed by a Bank loan, requiring (i) bidders (applicants),
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 submission of bids and
contract performance, 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 IX: Particular Conditions _______________ Page | 232

 Particular Conditions
Part D - Environmental and Social (ES)

Metrics for Progress Reports

[Note to Employer: the following metrics may be amended to reflect the specifics of the Contract.
The Employer shall ensure that the metrics provided are appropriate for the Works and
impacts/key issues identified in the environmental and social assessment.]

Metrics for regular reporting:

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

contamination, pollution or damage to ground or water supplies;

b. health and safety incidents, accidents, injuries that require treatment and all fatalities;

c. interactions with regulators: identify agency, dates, subjects, outcomes (report the negative if
none);

d. status of all permits and agreements:

i. work permits: number required, number received, actions taken for those not received;

ii. status of permits and consents:

- list areas/facilities with permits required (quarries, asphalt & batch plants), dates of
application, dates issued (actions to follow up if not issued), dates submitted to resident
engineer (or equivalent), status of area (waiting for permits, working, abandoned
without reclamation, decommissioning plan being implemented, etc.);
- list areas with landowner agreements required (borrow and spoil areas, camp sites),
dates of agreements, dates submitted to resident engineer (or equivalent);
- identify major activities undertaken in each area in the reporting period and highlights
of environmental and social protection (land clearing, boundary marking, topsoil
salvage, traffic management, decommissioning planning, decommissioning
implementation);
- for quarries: status of relocation and compensation (completed, or details of activities
and current status in the reporting period).

e. health and safety supervision:

i. safety officer: number days worked, number of full inspections & partial inspections, reports
to construction/project management;

Section IX: Particular Conditions _______________ Page | 233

 ii. number of workers, work hours, metric of PPE use (percentage of workers with full personal
protection equipment (PPE), partial, etc.), worker violations observed (by type of violation,
PPE or otherwise), warnings given, repeat warnings given, follow-up actions taken (if any);

f. worker accommodations:
i. number of expats housed in accommodations, number of locals;

ii. date of last inspection, and highlights of inspection including status of accommodations’
compliance with national and local law and good practice, including sanitation, space, etc.;

iii. actions taken to recommend/require improved conditions, or to improve conditions.

g. Health services: provider of health services, information and/or training, location of clinic,
number of non-safety disease or illness treatments and diagnoses (no names to be provided);

h. gender (for expats and locals separately): number of female workers, percentage of workforce,
gender issues raised and dealt with (cross-reference grievances or other sections as needed);

i. training:
i. number of new workers, number receiving induction training, dates of induction training;

ii. number and dates of toolbox talks, number of workers receiving Occupational Health and
Safety (OHS), environmental and social training;

iii. number and dates of communicable diseases (including STDs) sensitization and/or training,
no. workers receiving training (in the reporting period and in the past); same questions for
gender sensitization, flag person training.

iv. number and date of SEA prevention sensitization and/or training events, including number
of workers receiving training on Code of Conduct for Contractor’s Personnel (in the
reporting period and in the past), etc.

j. environmental and social supervision:

i. environmentalist: days worked, areas inspected and numbers of inspections of each (road
section, work camp, accommodations, quarries, borrow areas, spoil areas, swamps, forest
crossings, etc.), highlights of activities/findings (including violations of environmental
and/or social best practices, actions taken), reports to environmental and/or social
specialist/construction/site management;

ii. sociologist: days worked, number of partial and full site inspections (by area: road section,
work camp, accommodations, quarries, borrow areas, spoil areas, clinic, HIV/AIDS centre,
community centres, etc.), highlights of activities (including violations of environmental

Section IX: Particular Conditions _______________ Page | 234

 and/or social requirements observed, actions taken), reports to environmental and/or social
specialist/construction/site management; and

iii. community liaison person(s): days worked (hours community centre open), number of
people met, highlights of activities (issues raised, etc.), reports to environmental and/or
social specialist /construction/site management.

k. Grievances: list new grievances (e.g. number of allegations of SEA) received in the reporting
period and number of unresolved past grievances by date received, complainant’s age and
sex, how received, to whom referred to for action, resolution and date (if completed), data
resolution reported to complainant, any required follow-up (Cross-reference other sections as
needed):
i. Worker grievances;

ii. Community grievances

l. Traffic, road safety and vehicles/equipment:

i. traffic and road safety incidents and accidents involving project vehicles & equipment:
provide date, location, damage, cause, follow-up;

ii. traffic and road safety incidents and accidents involving non-project vehicles or property
(also reported under immediate metrics): provide date, location, damage, cause, follow-up;

iii. overall condition of vehicles/equipment (subjective judgment by environmentalist); non-

routine repairs and maintenance needed to improve safety and/or environmental
performance (to control smoke, etc.).

m. Environmental mitigations and issues (what has been done):

i. dust: number of working bowsers, number of waterings/day, number of complaints,
warnings given by environmentalist, actions taken to resolve; highlights of quarry dust
control (covers, sprays, operational status); % of rock/ spoil lorries with covers, actions taken
for uncovered vehicles;

ii. erosion control: controls implemented by location, status of water crossings,

environmentalist inspections and results, actions taken to resolve issues, emergency repairs
needed to control erosion/sedimentation;

iii. quarries, borrow areas, spoil areas, asphalt plants, batch plants: identify major activities
undertaken in the reporting period at each, and highlights of environmental and social
protection: land clearing, boundary marking, topsoil salvage, traffic management,
decommissioning planning, decommissioning implementation;

Section IX: Particular Conditions _______________ Page | 235

 iv. blasting: number of blasts (and locations), status of implementation of blasting plan
(including notices, evacuations, etc.), incidents of off-site damage or complaints (cross-
reference other sections as needed);

v. spill clean-ups, if any: material spilled, location, amount, actions taken, material disposal
(report all spills that result in water or soil contamination;

vi. waste management: types and quantities generated and managed, including amount taken
offsite (and by whom) or reused/recycled/disposed on-site;

vii. details of tree plantings and other mitigations required undertaken in the reporting period;

viii. details of water and swamp protection mitigations required undertaken in the reporting
period.

n. compliance:
i. compliance status for conditions of all relevant consents/permits, for the Work, including
quarries, etc.): statement of compliance or listing of issues and actions taken (or to be taken)
to reach compliance;

ii. compliance status of C-ESMP/ESIP requirements: statement of compliance or listing of

issues and actions taken (or to be taken) to reach compliance

iii. compliance status of SEA prevention and response action plan: statement of compliance or
listing of issues and actions taken (or to be taken) to reach compliance

iv. compliance status of Health and Safety Management Plan re: statement of compliance or
listing of issues and actions taken (or to be taken) to reach compliance

v. other unresolved issues from previous reporting periods related to environmental and
social: continued violations, continued failure of equipment, continued lack of vehicle
covers, spills not dealt with, continued compensation or blasting issues, etc. Cross-
reference other sections as needed.

Section IX: Particular Conditions _______________ Page | 236

 Particular Conditions

Part E - Section V - Eligible Countries

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

A. Provisions under Section 5 “Eligibility” of the Procurement Policy for Bank Group Funded
Operations and Chapter A2 of the Operations Procurement Manual under Procurement
Framework of the African Development Bank

1
. The African Development Fund permits firms and individuals from all countries to offer goods,
works and services for ADF funded projects. However, the proceeds of any Financing
undertaken in the operations of the African Development Bank and the Nigeria Trust Fund
shall be used for procurement of goods and works, including the related services, provided by
bidders from Eligible4 Countries.5 Any conditions for participation shall be limited to those that
are essential to ensure the firm’s capability to fulfil the contract in question. In the case of ADB
and NTF, bidders from non-Member Countries offering goods, works and related services
(including transportation and insurance) are not eligible even if they offer these from Eligible
Member Countries. Any waiver to this rule will be in accordance with the Articles 17(1) (d) of
the Agreement Establishing the African Development Bank and 4.1 of the Agreement
Establishing the Nigeria Trust Fund.

B. Rules and Procedures for Procurement of Goods and Works

Overview
1. The eligibility criteria for participation in the supply of goods, works and related services, to
be procured through the ADB and NTF Financing, derive from the requirements of the
Agreement Establishing the African Development Bank, Article 17.1.d, and the Agreement
Establishing the Nigeria Trust Fund, Article 4.1. The foregoing requirements basically prescribe
two types of eligibility criteria:

The eligibility of the bidder;

The eligibility of the goods, works and related services.

4 Refer to Bank Procurement Framework for additional information on Eligibility.

5 “Eligible Countries" shall mean: (a) in the case of the African Development Bank and the Nigeria trust Fund, the Member
Countries of the African Development Bank; and (b) in the case of the African Development Fund, any country.

Section IX: Particular Conditions _______________ Page | 237

Eligibility of the Bidder
2. The eligibility of the bidder shall be based on nationality, in accordance with the following
rules:

(a) Natural Persons: A natural person is eligible if he or she is a national of a Member Country
of the Bank, or a State Participant of the Fund. Where a person has more than one
nationality, such a person shall be eligible if the nationality indicated in his or her bid is
that of a Member Country of the Bank, or a State Participant of the Fund.
(b) Corporations: A corporation is eligible if it satisfies the following criteria:
4. it is incorporated in a country that is a Member of the Bank, or State Participant of the
Fund;
5. it is a national of a country that is a Member of the Bank, or State Participant of the
Fund, as determined by the law of its place of incorporation;
6. it has its principal place of business in a country that is a Member of the Bank, or State
Participant of the Fund.
(c) Joint Ventures and Associations: An unincorporated joint venture, partnership, or
association, shall be eligible if more than 50% of the value of its works and/or
services is executed by its members satisfying the eligibility requirements for
individuals or corporations.
Eligibility of the Goods, Works and Related Services
3. In order to be eligible, the goods to be procured must have been mined, grown, or produced,
in the form in which they are purchased, in an Eligible Member Country.

4. For works contracts, which may include civil works, plant construction, or turnkey contracts,
the contractor must satisfy the nationality criteria of eligibility, either as a natural person, or
corporation, or joint venture and association. Labour, equipment, and materials needed for
carrying out the works contract, shall be supplied from Eligible Member Countries.

5. For contracts, which have been awarded on the basis of Cost, Insurance and Freight (CIF), or
Carriage and Insurance Paid (CIP), bidders shall be free to arrange for ocean and other
transportation, and the related insurance, from any Eligible Member Country. On the other
hand, where goods are shipped on FOB basis, and the Bank has agreed to finance
transportation and insurance separately, which are arranged by the purchaser, under a
separate contract, the Bank shall be satisfied that the services are supplied from Eligible
Member Countries.

List of Eligible Countries

6. List of Eligible countries can be found in African Development Bank’s website:

https://www.afdb.org/en/about-us/corporate-information/members/

Section IX: Particular Conditions _______________ Page | 238

Ineligible Countries in reference to ITB 4.8 and ITB 5.1

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

Under ITB 4.8(a) and ITB 5.1: [insert a list of the countries following approval by the Bank to apply
the restriction or state “none”].

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

Section IX: Particular Conditions _______________ Page | 239

 Section X - Contract Forms

Table of Forms

Notification of Intention to Award .................................................................................................241

Beneficial Ownership Disclosure Form ..........................................................................................245
Letter of Acceptance ............................................................................................................................247
Contract Agreement .............................................................................................................................248
Performance Security: Option 1: Demand Guarantee ............................................................250
Performance Security: Option 2: Performance Bond ..............................................................251
Environmental and Social (ES) Performance Security .............................................................253
Advance Payment Security ................................................................................................................254
Retention Money Security ..................................................................................................................256

Section X: Contract Forms _______________ Page | 240

 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 _______________ Page | 241

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.

Section X: Contract Forms _______________ Page | 242

 If the deadline to request a debriefing has expired, you may still request a debriefing. In
this case, we will provide the debriefing as soon as practicable, and normally no later than
fifteen (15) Business Days from the date of publication of the Contract Award Notice.

5. How to make a complaint

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 Part B of the Operations Procurement Manual. 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 necessary information

6. Standstill Period

DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local time).
The Standstill Period lasts ten (10) Business Days after the date of transmission of this
Notification of Intention to Award.
The Standstill Period may be extended as stated in Section 4 above.

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

On behalf of the Employer:

Section X: Contract Forms _______________ Page | 243

Signature: ______________________________________________

Name: ______________________________________________

Title/position: ______________________________________________

Telephone: ______________________________________________

Email: ______________________________________________

Section X: Contract Forms _______________ Page | 244

 Beneficial Ownership Disclosure Form

INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE FORM
This Beneficial Ownership Disclosure Form (“Form”) is to be completed by the successful
Bidder. In case of joint venture, the Bidder must submit a separate Form for each member.
The beneficial ownership information to be submitted in this Form shall be current as of the
date of its submission.

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

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

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

RFB No.: [insert number of RFB process]

Request for Bid No.: [insert identification]

To: [insert complete name of Employer]

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

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

Details of beneficial ownership

Identity of Beneficial Directly or indirectly Directly or Directly or indirectly

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

(Yes / No)

[include full name

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

Section X: Contract Forms _______________ Page | 245

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.

Section X: Contract Forms _______________ Page | 246

**
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.

Letter of Acceptance
[letterhead paper of the Employer]

[date]

To: [name and address of the Contractor]

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

You are requested to furnish (i) the Performance Security and an Environmental and Social
Performance Security [Delete ES Performance Security if it is not required under the contract]
within 28 days in accordance with the Conditions of Contract, using, for that purpose, one of
the Performance Security Forms and the ES Performance Security Form, [Delete reference to the
ES Performance Security Form if it is not required under the contract] and (ii) the additional
information on beneficial ownership in accordance with BDS ITB 47.1, within eight (8) Business
days using the Beneficial Ownership Disclosure Form, included in Section X, Contract Forms,
of the bidding document.

Authorized Signature:

Name and Title of Signatory:

Name of Agency:

Attachment: Contract Agreement

Section X: Contract Forms _______________ Page | 247

 Contract Agreement

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

_____________________of ______________ (hereinafter “the Employer”), of the one part, and
_______________of ___________________ (hereinafter “the Contractor”), of the other part:

WHEREAS the Employer desires that the Works known as _______________________________ should
be executed by the Contractor, and has accepted a Bid by the Contractor for the execution
and completion of these Works and the remedying of any defects therein,

The Employer and the Contractor agree as follows:

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

2. The following documents shall be deemed to form and be read and construed as part of
this Agreement. This Agreement shall prevail over all other Contract documents.
(a) the Letter of Acceptance;
(b) the Letter of Bid;
(c) the addenda Nos ________ (if any);
(d) the Particular Conditions;
(e) the General Conditions;
(f) the Specification;
(g) the Drawings; and
(h) the completed Schedules and any other documents forming part of the
contract, including, but not limited to:
i. the ES Management Strategies and Implementation Plans; and
ii. Code of Conduct for Contractor’s Personnel (ES);

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

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

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

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

Section X: Contract Forms _______________ Page | 248

Signed by __________________________________________________ (for the Employer)

Signed by __________________________________________________ (for the Contractor)

Section X: Contract Forms _______________ Page | 249

 Performance Security: Option 1: Demand Guarantee
[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [insert name and Address of Employer]

Date: ________________ [Insert date of issue]
Performance Guarantee No.: _________________
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

We have been informed that ________________ (hereinafter called "the Applicant") has entered
into Contract No. _____________ dated ____________ with the Beneficiary, for the execution of
_____________________ (hereinafter called "the Contract"). Furthermore, we understand that,
according to the conditions of the Contract, a performance guarantee is required.

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

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

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.

1 The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount specified in the Letter
of Acceptance, less provisional sums, if any, and denominated either in the currency(cies) of the Contract or a freely
convertible currency acceptable to the Beneficiary.
2 Insert the date twenty-eight days after the expected completion date as described in GC Clause 11.9. The Employer should
note that in the event of an extension of this date for completion of the Contract, the Employer would need to request an
extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration
date established in the guarantee. In preparing this guarantee, the Employer might consider adding the following text to the
form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period
not to exceed [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 _______________ Page | 250

 Performance Security: Option 2: Performance Bond
By this Bond____________________ as Principal (hereinafter called “the Contractor”)
and______________________________________________________________] as Surety (hereinafter called
“the Surety”), are held and firmly bound unto_____________________] as Obligee (hereinafter
called “the Employer”) in the amount of __________________, for the payment of which sum well
and truly to be made in the types and proportions of currencies in which the Contract Price is
payable, the Contractor and the Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.

WHEREAS the Contractor has entered into a written Agreement with the Employer dated the
day of , 20___, for ___________________ in accordance with
the documents, plans, specifications, and amendments thereto, which to the extent herein
provided for, are by reference made part hereof and are hereinafter referred to as the Contract.
NOW, THEREFORE, the Condition of this Obligation is such that, if the Contractor shall
promptly and faithfully perform the said Contract (including any amendments thereto), then
this obligation shall be null and void; otherwise, it shall remain in full force and effect.
Whenever the Contractor shall be, and declared by the Employer to be, in default under the
Contract, the Employer having performed the Employer’s obligations thereunder, the Surety
may promptly remedy the default, or shall promptly:

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

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

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

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

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

Section X: Contract Forms _______________ Page | 251

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

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

SIGNED ON on behalf of

By in the capacity of

In the presence of

SIGNED ON on behalf of

By in the capacity of

In the presence of

Section X: Contract Forms _______________ Page | 252

 Environmental and Social (ES) Performance Security
ES Demand Guarantee
[Guarantor letterhead or SWIFT identifier code]

Beneficiary: [insert name and Address of Employer]

Date: [Insert date of issue]
ES PERFORMANCE GUARANTEE No.: [Insert guarantee reference number]
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

We have been informed that ________________ (hereinafter called "the Applicant") has entered
into Contract No. _____________ dated ____________ with the Beneficiary, for the execution of
_____________________ (hereinafter called "the Contract"). Furthermore, we understand that,
according to the conditions of the Contract, a performance guarantee is required.

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

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

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.

1 The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount specified in the Letter
of Acceptance, less provisional sums, if any, and denominated either in the currency (cies) of the Contract or a freely
convertible currency acceptable to the Beneficiary.
2 Insert the date twenty-eight days after the expected completion date as described in GC Clause 11.9. The Employer should
note that in the event of an extension of this date for completion of the Contract, the Employer would need to request an
extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration
date established in the guarantee. In preparing this guarantee, the Employer might consider adding the following text to the
form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period
not to exceed [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 _______________ Page | 253

 Advance Payment Security
Demand Guarantee
[Guarantor letterhead or SWIFT identifier code]

Beneficiary: ___________________ [Insert name and Address of Employer]

Date: ________________ [Insert date of issue]
ADVANCE PAYMENT GUARANTEE No.: [Insert guarantee reference number]
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

We have been informed that ________________ (hereinafter called “the Applicant”) has entered
into Contract No. _____________ dated ____________ with the Beneficiary, for the execution of
_____________________ (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, an advance

payment in the sum ___________ ( ) is to be made against an advance payment
guarantee.

At the request of the Applicant to issue this guarantee, we as Guarantor, hereby irrevocably
undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of
___________ ( )1 upon receipt by us of the Beneficiary’s complying demand supported
by the Beneficiary’s statement, whether in the demand itself or in a separate signed document
accompanying or identifying the demand, stating either that the Applicant:
a) has used the advance payment for purposes other than the costs of mobilization in
respect of the Works; or
b) has failed to repay the advance payment in accordance with the Contract conditions,
specifying the amount which the Applicant has failed to repay.

A demand under this guarantee may be presented as from the presentation to the Guarantor
of a certificate from the Beneficiary’s bank stating that the advance payment referred to above
has been credited to the Applicant on its account number ___________ at _________________.

The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Applicant as specified in copies of interim statements or
payment certificates which shall be presented to us. This guarantee shall expire, at the latest,
upon our receipt of a copy of the interim payment certificate indicating that ninety (90) percent
of the Accepted Contract Amount, less provisional sums, has been certified for payment, or on
the ___ day of _____, 2___,2 whichever is earlier. Consequently, any demand for payment under
this guarantee must be received by us at this office on or before that date.

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.
2 Insert the expected expiration date of the Time for Completion. The Employer should note that in the event of an extension
of the time for completion of the Contract, the Employer would need to request an extension of this guarantee from the
Guarantor. Such request must be in writing and must be made prior to the expiration date established in the guarantee.

Section X: Contract Forms _______________ Page | 254

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.

In preparing this guarantee, the Employer might consider adding the following text to the form, at the end of the penultimate
paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one
year], in response to the Beneficiary’s written request for such extension, such request to be presented to the Guarantor
before the expiry of the guarantee.”

Section X: Contract Forms _______________ Page | 255

 Retention Money Security
Demand Guarantee
[Guarantor letterhead or SWIFT identifier code]

Beneficiary: ___________________ [Insert name and Address of Employer]

Date: ________________ [Insert date of issue]
RETENTION MONEY GUARANTEE No.: [Insert guarantee reference number]
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

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

Furthermore, we understand that, according to the conditions of the Contract, the Beneficiary
retains moneys up to the limit set forth in the Contract (“the Retention Money”), and that when
the Taking-Over Certificate has been issued under the Contract and the first half of the
Retention Money has been certified for payment, payment of [insert the second half of the
Retention Money or if the amount guaranteed under the Performance Guarantee when the
Taking-Over Certificate is issued is less than half of the Retention Money, the difference
between half of the Retention Money and the amount guaranteed under the Performance
Security and, if required, the ES Performance Security] is to be made against a Retention Money
guarantee.

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

A demand under this guarantee may be presented as from the presentation to the Guarantor
of a certificate from the Beneficiary’s bank stating that the second half of the Retention Money
as referred to above has been credited to the Applicant on its account number ___________ at
_________________ [insert name and address of Applicant’s bank].

1 The Guarantor shall insert an amount representing the amount of the second half of the Retention Money or if the amount
guaranteed under the Performance Guarantee when the Taking-Over Certificate is issued is less than half of the Retention
Money, the difference between half of the Retention Money and the amount guaranteed under the Performance Security
and denominated either in the currency(ies) of the second half of the Retention Money as specified in the Contract, or in a
freely convertible currency acceptable to the Beneficiary.

Section X: Contract Forms _______________ Page | 256

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

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

____________________
[signature(s)]

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

2 Insert the same expiry date as set forth in the performance security, representing the date twenty-eight days after the
completion date described in GC Clause 11.9. The Employer should note that in the event of an extension of this date for
completion of the Contract, the Employer would need to request an extension of this guarantee from the Guarantor. Such
request must be in writing and must be made prior to the expiration date established in the guarantee. In preparing this
guarantee, the Employer might consider adding the following text to the form, at the end of the penultimate paragraph: “The
Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year], in response
to the Beneficiary’s written request for such extension, such request to be presented to the Guarantor before the expiry of
the guarantee.”

Section X: Contract Forms _______________ Page | 257