Standard Bidding Document Bidding Standard PROJECTS GREENFIELD INFRASTRUCTURE AND WASTEWATER WATER FOR CONTRACTS DESIGNBUILDOPERATE USER’S GUIDE TO User’s Guide to Design–Build–Operate Contracts for Water and Wastewater Greenfi eld Infrastructure Projects Standard Bidding Document This user’s guide covers the Asian Development Bank Standard Bidding Document for the Procurement of Design–Build–Operate Contracts for Water and Wastewater Greenfi eld Infrastructure Projects using a single-stage: two-envelope or a two-stage bidding procedure. The guide provides the relevant documentation for preparing a bidding document as well as the methodological approach for the evaluation and selection of a design– build–operate contractor, considering the distinctive features of the underlying contract. About the Asian Development Bank ADB’s vision is an Asia and Pacifi c region free of poverty. Its mission is to help its developing member countries reduce poverty and improve the quality of life of their people. Despite the region’s many successes, it remains home to a large share of the world’s poor. ADB is committed to reducing poverty through inclusive economic growth, environmentally sustainable growth, and regional integration. Based in Manila, ADB is owned by members, including from the region. Its main instruments for helping its developing member countries are policy dialogue, loans, equity investments, guarantees, grants, and technical assistance. USER’S GUIDE TO DESIGN–BUILD–OPERATE CONTRACTS FOR WATER AND WASTEWATER GREENFIELD INFRASTRUCTURE PROJECTS STANDARD BIDDING DOCUMENT June ASIAN DEVELOPMENT BANK 6 ADB Avenue, Mandaluyong City 1550 Metro Manila, Philippines ASIAN DEVELOPMENT BANK www.adb.org USER’S GUIDE TO DESIGN–BUILD–OPERATE CONTRACTS FOR WATER AND WASTEWATER GREENFIELD INFRASTRUCTURE PROJECTS STANDARD BIDDING DOCUMENT June 2018 ASIAN DEVELOPMENT BANK Creative Commons Creative Commons Attribution-NonCommercial-NoDerivs 3.0 IGO license (CC BY-NC-ND 3.0 IGO) © 2018 Asian Development Bank 6 ADB Avenue, Mandaluyong City, 1550 Metro Manila, Philippines Tel +63 2 632 4444; Fax +63 2 636 2444 www.adb.org Some rights reserved. Published in 2018. ISBN 978-92-9261-270-2 (print), 978-92-9261-271-9 (electronic) Publication Stock No. TIM189443-2 DOI: http://dx.doi.org/10.22617/TIM189443-2 The views expressed in this publication are those of the authors and do not necessarily reflect the views and policies of the Asian Development Bank (ADB) or its Board of Governors or the governments they represent. ADB does not guarantee the accuracy of the data included in this publication and accepts no responsibility for any consequence of their use. The mention of specific companies or products of manufacturers does not imply that they are endorsed or recommended by ADB in preference to others of a similar nature that are not mentioned. By making any designation of or reference to a particular territory or geographic area, or by using the term “country” in this document, ADB does not intend to make any judgments as to the legal or other status of any territory or area. 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Printed on recycled paper iii Contents Abbreviations ...................................................................................................................................................................v Introduction ..................................................................................................................................................................... 1 PARt 1: DesIgn–BuILD–OPERATE CONTRacTS FOR WATER AND WASTEwaTER GREENFIELD INFRASTRUCTURE What Are the Key Features of Design–Build–Operate Contracts? ......................................................................... 4 Design–Build–Operate Project Typology and Risk Matrix for Water and Wastewater Infrastructure .............. 5 Design–Build–Operate Water and Wastewater Infrastructure Project Typology .......................................... 5 Design–Build–Operate Water and Wastewater Greenfield Infrastructure Projects—Typology of Risks .. 8 Design–Build–Operate Water and Wastewater Infrastructure Projects Risk Matrix ..................................41 The Bidding Process ......................................................................................................................................................43 How to Conduct the Bid Evaluation? .........................................................................................................................47 PARt 2: STANdaRD BIDDING DOCUMENT FOR DESIgn–BuILD–OPERATE CONTRacTS FOR WATER AND WASTEwaTER GREENFIELD INFRASTRUCTURE PROJECTS Invitation for Bids ..........................................................................................................................................................56 Standard Bidding Documents Design–Build–Operate Contracts for Water and Wastewater Greenfield Infrastructure Projects: Documents Structure Flowchart .....................................59 Section 1 Instructions to Bidders (ITB) .................................................................................................. 61 This section specifies the procedures by Bidders in the preparation and submission of their Bids following a “Single-Stage, Two-Envelope” bidding procedure. Information is also provided on the submission, opening, and evaluation of bids and on the award of contract. Section 2 Bid Data Sheet (BDS) ............................................................................................................... 89 This section consists of provisions that are specific to each procurement and supplement the information or requirements included in Section 1 (Instructions to Bidders). Section 3 Evaluation and Qualification Criteria (EQC) ........................................................................ 95 This section contains the bid evaluation criteria to determine the lowest evaluated bid and specifies the necessary qualifications of Bidders. Section 4 Bidding Forms (BDF) ............................................................................................................ 115 This section contains the forms which are to be completed by the Bidder and submitted as part of its Bid. Section 5 Eligible Countries (ELC) ....................................................................................................... 179 This section contains the list of eligible countries. Section 6 Employer’s Requirements (ERQ) ........................................................................................ 181 This section contains the parts that describe the scope of the Design–Build–Operate Contract, the purpose of the Works, the performance requirements to be reached by the Contractor under the Contract, the requirements to be observed during the Design–Build and the Operation Service Periods, the Contractor’s Personnel and Equipment Requirements, and any supplies from the Employer. iv CONTENTS Section 7 General Conditions of Contract (GCC) .............................................................................. 208 This section contains the general clauses to be applied in all Design–Build–Operate contracts. These conditions are subject to the amendments and additions set out in Section 8 (Particular Conditions of Contract). Section 8 Particular Conditions of Contract (PCC) ........................................................................... 209 This section contains provisions that are specific to each contract and that modify or supplement the GCC. Whenever there is a conflict, the provisions herein shall prevail over those in the GCC. The clause number of the PCC is the corresponding clause number of the GCC. Section 9 Contract Forms (COF) ........................................................................................................... 256 This section contains forms to be used in connection with the Contract. The forms for Performance Security, Advance Payment Security and parent company guarantee shall only be completed by the successful Bidder after contract award. STANdaRD BIDDING DOCUMENT FOR DESIgn–BuILD–OPERATE CONTRacTS FOR WATER AND WASTEwaTER GREENFIELD INFRASTRUCTURE PROJECTS: Two-STAGE BIDDING PROCEDURE Two-Stage Bidding Procedure ....................................................................................................................... 276 Section 1 Instructions to Bidders (ITB) ..............................................................................................