3Generic Documents

8/13/2019 3Generic Documents

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Generic Documents for theDesign, Build, Operate

Contract for aSolid Waste Facility


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Agenda

1. Overview

2. Review of Documents Pre-Qualification Documents Bidding Documents DBO Contract


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Overview

Procurement Documents

Pre-Qualification Documents

Bidding Documents

Annex A Bid Form Bidders Price Form and Price Schedules Bid Security Form Performance Security Form Bank Guarantee Form Advance Payment Format of Curriculum Vitae Form for Clarification Questions

Annex B: Draft Contract


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Overview

Contract Documents

Form of Contract General Conditions to the Contract Appendices to the General Conditions:

1. Special Conditions of Contract2. Terms and Procedures of Payment3. Technical Specifications consisting of,

Appendix 3A Design-Build ServicesAppendix 3B Operations Services

Appendix 3C Technical Standards


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Overview

Contract Documents (continued)

4. Site Appendix5. Service Area Appendix6. Liquidated Damages Appendix

7. Operators Expertise Appendix 8. Operators Bid


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Sources

SDB Works Prequalification

as amended for management contracts, leases etc.

similar changes as those made in management contracts,leases etc.

GITA and PITA approach used


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Pre-Qualification Documents Review


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Key Issues

evaluation of applications based on solid waste facilitydesign, build and operations experience, financial position,personnel capabilities and litigation history

subcontractors experience may be considered


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Pre-Qualification Criteria

Applicants must demonstrate general experiencedesigning, building, operating and maintaining a solidwaste facility

for a certain length of time with a minimum average annual turnover

Applicants must demonstrate experience in a certainnumber and type of solid waste disposal projects orassignments


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Pre-Qualification Criteria (continued)

Applicants must demonstrate financial strengthrequirements

adequate cash flow for the contract adequate cash flow for works in progress and

future contract commitments

Applicants must provide information with respect to management structure candidates for key positions


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Pre-Qualification Criteria (continued)

Applicants must provide information about legal matters,including:

litigation or arbitration in the past 5 years labour relations issues criminal or environmental prosecutions


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Bidding Documents

Bidding Documents Review


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Bidding Documents

Key Issues - Bids

Bidders submit Technical Section consisting of Design-Build Workplan Operations Workplan Staffing Plan

Bidders submit Financial Section consisting of PriceSchedules

Technical and Financial Sections submitted in sameenvelope


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Bidding Documents

Key Issues - Bid Evaluation

preliminary examination of bids

technical aspects of each Bid evaluated with respect to thefollowing factors:

the Design-Build Workplan the Operations Workplan the Staffing Plan

price evaluation to ensure substantialresponsiveness


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Bidding Documents

Key Issues - Award

award is to the Bidder whose Bid has been determined tobe substantially responsive and has the lowest evaluatedBid Price


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Design, Build, Operate Contract

Sources

FIDIC

existing standard World Bank bidding documents

existing management and operating contracts


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General Conditions Key Issues

Contract Term, Timing and Completion

Obligations of the Operator and the Owner(quality, governing law, site access etc.)

Contract Price and Payment(incentives, liquidated damages, securities,taxes and duties)

Intellectual Property(copyright in design-build)


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General Conditions - Key Issues

Contract Administration and Supervision(Design-Build supervision, Operations supervision,Engineers duties etc.)

Representatives, Staff and Subcontracting(Owners rep, Operators rep, personnel, existingstaff)

Liability and Risk Distribution(defects, limitation of liability, indemnification,insurance, force majeure etc.)


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General Conditions - Key Issues

Change in Contract Elements(change to Design-Build Services, change orderprocesses)

Suspension and Termination(rules with respect to both suspension of work andtermination of the Contract)


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Key Appendices Technical Specifications

Design-Build Appendix(setting out services to be provided in the Design-Build period)

Operations Services Appendix(outlining all operations responsibilities)

Technical Standards Appendix

(outlining all technical standards -most areproject specific)

Operation of existing facilities, if any


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Key Appendices - Contract Price Adjustment

to be drafted on a project-by-project basis

long term provisions for the adjustment of price forOperations Services over time


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Key Appendices Incentive Compensation


intended to be used to encourage operationsachievements


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Key Appendices Existing Staff


intended to be used to deal with circumstances where

there are existing staff

this will be dependent on the local law


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Key Appendices Liquidated Damages

sets out the failures of the Operator to meet theTechnical Standards that will give rise toLiquidated Damages

establishes the amounts of Liquidated Damagesthat will apply


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Key Appendices Operators Expertise

Operator must have all expertise required to carryout the Services

describes the areas of expertise the Operator musthave


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Generic Documents for theDesign, Build, Operate

Contract for aSolid Waste Facility