EIB 2010-0479 TD TG30 Procurement of Construction of Flood Protection Measures - Rehabilitation of Storm Water Pumping Stations in Republika Srpska

BIDDING DOCUMENTS
for
Procurement of
Construction of Flood Protection
Measures – Rehabilitation of
Storm Water Pumping Stations in
Republika Srpska
Bid No: EIB 2010 – 0479 / TG30

Project: Emergency Flood Relief and Prevention – A
(EIB No: 2010 – 0479)
Employer: Public Institution “Vode Srpske”
Country: Bosnia and Herzegovina / Republika Srpska
Issued on: July 2020
Bidding Documents for Procurement of Construction of Flood Protection Measures - Rehabilitation of Storm
Water Pumping Stations in Republika Srpska
Table of Contents
PART 1 – Bidding Procedures 1

Section I. Instructions to Bidders 2
Section II. Bid Data Sheet 30
Section III. Evaluation and Qualification Criteria (Without Prequalification) 39
Section IV. Bidding Forms 52
Section V. Eligible Countries 105
Section VI. Bank Policy - Corrupt and Fraudulent Practices 107
PART 2 –Works Requirements 110

Section VII. Works Requirements 112
PART 3 – Conditions of Contract and Contract Forms 120

Section VIII. General Conditions (GC) 121
Section IX. Particular Conditions (PC) 122
Section X. Contract Forms 182
Part 1 – Bidding Procedures
PART 1 – Bidding Procedures

Section I. Instruction to Bidders 2
Section I. Instructions to Bidders
Table of Clauses
A. General 4
1. Scope of Bid 4
2. Source of Funds 5
3. Corrupt and Fraudulent Practices 6
4. Eligible Bidders 6
5. Eligible Materials, Equipment, and Services9
B. Contents of Bidding Documents 9

6. Sections of Bidding Documents 9
7. Clarification of Bidding Documents, Site Visit, Pre-Bid Meeting 10
8. Amendment of Bidding Documents 11
C. Preparation of Bids 12
9. Cost of Bidding 12
10. Language of Bid 12
11. Documents Comprising the Bid 12
12. Letter of Bid and Schedules 13
13. Alternative Bids 13
14. Bid Prices and Discounts 14
15. Currencies of Bid and Payment 15
16. Documents Comprising the Technical Proposal 15
17. Documents Establishing the Qualifications of the Bidder 15
18. Period of Validity of Bids 16
19. Bid Security 17
20. Format and Signing of Bid 18
D. Submission and Opening of Bids 19

21. Sealing and Marking of Bids 19
22. Deadline for Submission of Bids 20
23. Late Bids 20
24. Withdrawal, Substitution, and Modification of Bids 20
25. Bid Opening 21
E. Evaluation and Comparison of Bids 22

26. Confidentiality 22
27. Clarification of Bids 22
28. Deviations, Reservations, and Omissions 23
29. Determination of Responsiveness 23
30. Nonmaterial Nonconformities 23

31. Correction of Arithmetical Errors 24
32. Conversion to Single Currency 25
33. Margin of Preference 25
34. Subcontractors 25
35. Evaluation of Bids 25
36. Comparison of Bids 26
37. Qualification of the Bidder 26
38. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids 27
F. Award of Contract 27
39. Award Criteria 27
40. Notification of Award 27
41. Signing of Contract 28
42. Performance Security 28
Section I. Instructions to Bidders

A. General
1. Scope of Bid 1.1. In connection with the Invitation for Bids specified in the Bid
Data Sheet (BDS), the Employer, as specified in the BDS,
issues these Bidding Documents for the procurement of
Works as specified in Section VII, Works Requirements. The
name, identification, and number of lots (contracts) of this
International Competitive Bidding (ICB) process are specified
in the BDS.
1.2. Throughout these Bidding Documents:

(a) the term “in writing” means communicated in written
form and delivered against receipt;
(b) except where the context requires otherwise, words
indicating the singular also include the plural and words
indicating the plural also include the singular;
(c) “day” means calendar day;
(d) “ES” means environmental and social (including Sexual
Exploitation and Abuse (SEA), and Sexual Harassment
(SH));
(e) “Sexual Exploitation and Abuse” “(SEA)” stands for 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; and
(h) “Employer’s Personnel” is as defined in Sub-Clause

1.1.33 of the General Conditions.
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 International Bank for
Reconstruction and Development or the International
Development Association (hereinafter called “the Bank”) in
an amount specified in the BDS, toward the project named in
the BDS. The Borrower intends to apply a portion of the
funds to eligible payments under the contract(s) for which
these Bidding Documents are 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 (or other
financing) account for the purpose of any payment to persons
or entities, or for any import of goods, if such payment or
import, to the knowledge of the Bank, 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. Corrupt and 3.1. The Bank requires compliance with its policy in regard to
Fraudulent corrupt and fraudulent practices as set forth in Section VI.
Practices 3.2. In further pursuance of this policy, Bidders shall permit and
shall cause its agents (where declared or not), sub-contractors,
sub-consultants, service providers, suppliers, and 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 government-
owned entity—subject to ITB 4.5—or any combination of
such entities in the form of a joint venture (JV) under an
existing agreement or with the intent to enter into such an
agreement supported by a letter of intent. In the case of a joint

venture, all members shall be jointly and severally liable for
the execution of the Contract in accordance with the Contract
terms. The JV shall nominate a Representative who shall have
the authority to conduct all business for and on behalf of any
and all the members of the JV during the bidding process and,
in the event the JV is awarded the Contract, during contract
execution. Unless specified in the BDS, there is no limit on
the number of members in a JV.
4.2. A Bidder shall not have a conflict of interest. Any Bidder

found to have a conflict of interest shall be disqualified. A
Bidder may be considered to have a conflict of interest for the
purpose of this bidding process, if the Bidder:
(a) directly or indirectly controls, is controlled by or is
under common control with another Bidder; or
(b) receives or has received any direct or indirect subsidy
from another Bidder; or
(c) has the same legal representative as another Bidder; or
(d) has a relationship with another Bidder, directly or
through common third parties, that puts it in a position
to influence the bid of another Bidder, or influence the
decisions of the Employer regarding this bidding
process; or
(e) participates in more than one bid in this bidding process.
Participation by a Bidder in more than one Bid will
result in the disqualification of all Bids in which such
Bidder is involved. However, this does not limit the
inclusion of the same subcontractor in more than one
bid; or
(f) 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
(g) 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
(h) 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
(i) 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 documents or specifications
of the contract, and/or the bid evaluation process of such
contract; or (ii) would be involved in the implementation
or supervision of such contract unless the conflict
stemming from such relationship has been resolved in a
manner acceptable to the Bank throughout the
procurement process and execution of the contract.
4.3. A Bidder may have the nationality of any country, subject to

the restrictions pursuant to ITB 4.7. A Bidder shall be deemed
to have the nationality of a country if the Bidder is constituted,
incorporated or registered in and operates in conformity with
the provisions of the laws of that country, as evidenced by its
articles of incorporation (or equivalent documents of
constitution or association) and its registration documents, as
the case may be. This criterion also shall apply to the
determination of the nationality of proposed sub-contractors or
sub-consultants for any part of the Contract including related
Services.
4.4. A Bidder that has been sanctioned by the Bank in accordance

with the above ITB 3.1, including in accordance with the
Bank’s Policy Guide on Preventing and Deterring Prohibited
Conduct in European Investment Bank Activities (EIB Anti-
Fraud Policy), 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 as specified in the
BDS.
4.5. Bidders that are Government-owned enterprises or institutions

in the Employer’s Country may participate only if they can
establish that they (i) are legally and financially autonomous (ii)
operate under commercial law, and (iii) are not dependent
agencies of the Employer. To be eligible, a government-owned
enterprise or institution shall establish to the Bank’s satisfaction,
through all relevant documents, including its Charter and other
information the Bank may request, that it: (i) is a legal entity
separate from the government (ii) does not currently receive
substantial subsidies or budget support; (iii) operates like any
commercial enterprise, and, inter alia, is not obliged to pass on its
surplus to the government, can acquire rights and liabilities,
borrow funds and be liable for repayment of its debts, and can be
declared bankrupt; and (iv) is not bidding for a contract to be
awarded by the department or agency of the government which
under their applicable laws or regulations is the reporting or
supervisory authority of the enterprise or has the ability to
exercise influence or control over the enterprise or institution.
4.6. A Bidder shall not be under suspension from bidding by the
Employer as the result of the operation of a Bid–Securing
Declaration.
4.7. Firms and individuals may be ineligible if so indicated in
Section V and (a) as a matter of law or official regulations, the
Borrower’s country prohibits commercial relations with that
country, provided that the Bank is satisfied that such exclusion
does not preclude effective competition for the supply of
goods or the contracting of works or services required; or (b)
by an act of compliance with a decision of the United Nations
Security Council taken under Chapter VII of the Charter of the
United Nations, the Borrower’s country prohibits any import
of goods or contracting of works or services from that country,
or any payments to any country, person, or entity in that
country.
4.8. This bidding is open only to prequalified Bidders unless
specified in the BDS.
4.9. A Bidder shall provide such evidence of eligibility satisfactory
to the Employer, as the Employer shall reasonably request.
5. Eligible 5.1. The materials, equipment and services to be supplied under

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

6. Sections of 6.1. The Bidding Documents consist of Parts 1, 2, and 3, which
Bidding Documents include all the Sections specified below, and which should be
read in conjunction with any Addenda issued in accordance with
ITB 8.
PART 1 Bidding Procedures
 Section I. Instructions to Bidders (ITB)
 Section II. Bid Data Sheet (BDS)
 Section III. Evaluation and Qualification Criteria
 Section IV. Bidding Forms
 Section V. Eligible Countries
 Section VI. Bank Policy-Corrupt and Fraudulent
Practices
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 Invitation for Bids issued by the Employer is not part of
the Bidding Documents.
6.3. Unless obtained directly from the Employer, the Employer is

not responsible for the completeness of the Bidding
Documents, responses to requests for clarification, the minutes
of the pre-Bid meeting (if any), or Addenda to the Bidding
Documents 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 Documents and to
furnish with its bid all information and documentation as is
required by the Bidding Documents.
7. Clarification of 7.1. A Bidder requiring any clarification of the Bidding

Bidding Documents shall contact the Employer in writing at the
Documents, Site Employer’s address specified in the BDS or raise its enquiries
Visit, Pre-Bid during the pre-bid meeting if provided for in accordance with
Meeting 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 Documents in
accordance with ITB 6.3, including a description of the
inquiry but without identifying its source. If so specified in
the BDS, the Employer shall also promptly publish its
response at the web page identified in the BDS. Should the
clarification result in changes to the essential elements of the
Bidding Documents, the Employer shall amend the Bidding
Documents 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. 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 Documents in
accordance with ITB 6.3. Any modification to the Bidding
Documents 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 8.1. At any time prior to the deadline for submission of bids, the
Bidding Documents Employer may amend the Bidding Documents by issuing
addenda.
8.2. Any addendum issued shall be part of the Bidding Documents

and shall be communicated in writing to all who have
obtained the Bidding Documents 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 10.1. The Bid, as well as all correspondence and documents
Bid 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 11.1. The Bid shall comprise the following:

Comprising the Bid (a) Letter of Bid and Appendix to Bid, in accordance with
ITB 12;
(b) completed schedules as required, including priced Bill
of Quantities, in accordance with ITB 12 and 14;
(c) Bid Security or Bid-Securing Declaration, in
accordance with ITB 19.1;
(d) alternative bids, if permissible, in accordance with ITB
13;
(e) written confirmation authorizing the signatory of the
Bid to commit the Bidder, in accordance with ITB
20.2;
(f) documentary evidence in accordance with ITB 17
establishing the Bidder’s continued qualified status or,
if post-qualification applies, as specified in accordance
with ITB 4.8, the Bidder’s qualifications to perform
the contract if its Bid is accepted;
(g) Technical Proposal in accordance with ITB 16;
(h) 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
not more than three potential DAB members and attach their
curriculum vitae. The list of potential DAB members proposed
by the Employer (Part 3 – Condition of Contract and Contract
forms, Part A - Contract Data, Sub Clause 20.2) and by the
Bidder (Letter of Bid) shall be subject to Promoter’s No-
objection - The Ministry of Agriculture, Forestry, and
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12. Letter of Bid 12.1. The Letter of Bid and Schedules, including the Bill of
and Schedules 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

20.2. 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.
13.2. When alternative times for completion are explicitly

invited, a statement to that effect will be included in the BDS,
as will the method of evaluating different times for
completion.
13.3. Except as provided under ITB 13.4 below, Bidders wishing

to offer technical alternatives to the requirements of the
Bidding Documents must first price the Employer’s design as
described in the Bidding Documents 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 lowest
evaluated Bidder 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, and such parts will be identified in the BDS, as will
the method for their evaluating, and described in Section VII,
Works Requirements.
14. Bid Prices and 14.1. The prices and discounts (including any price reduction)
Discounts 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 price of the item quoted by substantially
responsive bidders will be added to the bid price and the
equivalent total cost of the bid so determined will be used for
price comparison.
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.
14.5. Unless otherwise specified in the BDS and the Contract,

the rates and prices quoted by the Bidder are subject to
adjustment during the performance of the Contract in
accordance with the provisions of the Conditions of Contract.
In such a case, the Bidder shall furnish the indices and
weightings for the price adjustment formulae in the Schedule
of Adjustment Data and the Employer may require the Bidder
to justify its proposed indices and weightings.
14.6. If so specified in ITB 1.1, bids are being invited for

individual lots (contracts) or for any combination of lots
(packages). Bidders wishing to offer discounts for the award
of more than one Contract shall specify in their bid the price
reductions applicable to each package, or alternatively, to
individual Contracts within the package. Discounts shall be
submitted in accordance with ITB 14.4, provided the bids for
all lots (contracts) are opened at the same time.
14.7. 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.
15. Currencies of 15.1. The currency(ies) of the bid and the currency(ies) of
Bid and Payment 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 16.1. The Bidder shall furnish a Technical Proposal including a
Comprising the statement of work methods, equipment, personnel, schedule
Technical Proposal and any other information as stipulated in Section IV –
Bidding Forms, in sufficient detail to demonstrate the
adequacy of the Bidder’s proposal to meet the work
requirements and the completion time.
17. Documents 17.1. In accordance with Section III, Evaluation and

Establishing the Qualification Criteria, to establish that the Bidder continues to
Qualifications of meet the criteria used at the time of prequalification, the
the Bidder Bidder shall provide in the corresponding information sheets
included in Section IV, Bidding Forms, updated information
on any assessed aspect that changed from that time, or if post-
qualification applies as specified in ITB 4.8, the Bidder shall
provide the information requested in the corresponding
information sheets included in Section IV, Bidding Forms.
17.2. 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 shall
supply all information required to satisfy the criteria for
eligibility specified in accordance with ITB 33.1.
17.3. Any change in the structure or formation of a Bidder after
being prequalified and invited to Bid (including, in the case of a
JV, any change in the structure or formation of any member
thereto) shall be subject to the written approval of the Employer
prior to the deadline for submission of Bids. Such approval

shall be denied if (i) a Bidder proposes to associate with a
disqualified Bidder or in case of a disqualified joint venture,
any of its members; (ii) as a consequence of the change, the
Bidder no longer substantially meets the qualification criteria
set forth in Section III, Qualification Criteria and
Requirements; or (iii) in the opinion of the Employer, the
change may result in a substantial reduction in competition.
Any such change should be submitted to the Employer not later
than fourteen (14) days after the date of the Invitation for Bids.
18. Period of 18.1. Bids shall remain valid until the date specified in the BDS or
Validity of Bids any extended date if amended by the Employer in accordance
with ITB 8. A bid that is not valid until the date specified in the
BDS, or any extended date if amended by the Employer in
accordance with ITB 8, shall be rejected by the Employer as
nonresponsive.
18.2. In exceptional circumstances, prior to the date of

expiration of the bid validity, the Employer may request
Bidders to extend the period of validity of their bids. The
request and the responses shall be made in writing. If a bid
Security is requested in accordance with ITB 19, it shall also
be extended for twenty-eight (28) days beyond the extended
date for bid validity. A Bidder may refuse the request without
forfeiting its bid security. A Bidder granting the request shall
not be required or permitted to modify its bid, except as
provided in ITB 18.3.
18.3. If the award is delayed by a period exceeding fifty-six (56)

days beyond the date of expiry of the bid validity specified in
accordance with ITB 18.1, the Contract price shall be
determined as follows:
(a) In the case of fixed price contracts, the Contract price
shall be the bid price adjusted by the factor specified in
the BDS.
(b) In the case of adjustable price contracts, no adjustment
shall be made.
(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 as specified in the BDS,
in original form and, in the case of a bid security, in the
amount and currency specified in the BDS.
19.2. A Bid-Securing Declaration shall use the form included in

Section IV, Bidding Forms.
19.3. If a bid security is specified pursuant to ITB 19.1, the bid

security shall be a demand guarantee in any of the following
forms at the Bidder’s option:
(a) an unconditional guarantee issued by a bank or financial
institution (such as an insurance, bonding or surety
company);
(b) an irrevocable letter of credit;
(c) a cashier’s or certified check; or
(d) another security specified in the BDS,
from a reputable source from an eligible country. If 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. 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 or Bid Securing Declaration is specified

pursuant to ITB 19.1, any bid not accompanied by a

substantially responsive bid security or Bid-Securing
Declaration shall be rejected by the Employer as non-
responsive.
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 42.
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 may be forfeited:

(a) if a Bidder withdraws its bid prior to the expiry date of
the bid validity specified by the Bidder on the Letter of
Bid, or any extended date provided by the Bidder; or
(b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 41; or
(ii) furnish a performance security and if required in
the BDS, the Environmental and Social(ES)
Performance Security in accordance with ITB
42.
19.8. The bid security or the Bid-Securing Declaration of a JV shall

be in the name of the JV that submits the bid. If the JV has not
been legally constituted into a legally enforceable JV at the time
of bidding, the bid security or the Bid-Securing Declaration shall
be in the names of all future members as named in the letter of
intent referred to in ITB 4.1 and ITB 11.2.
19.9. If a bid security is not required in the BDS pursuant to
ITB 19.1, and

(a) if a Bidder withdraws its bid prior to the expiry date of
the bid validity specified by the Bidder on the Letter of
Bid or any extended date provided by the Bidder, or
(b) if the successful Bidder fails to sign the Contract in
accordance with ITB 41; or furnish a performance
security and if required in the BDS, the Environmental
and Social (ES) Performance Security in accordance
with ITB 42;
the Borrower may, if provided for in the BDS, declare the
Bidder ineligible to be awarded a contract by the Employer
for a period of time as stated in the BDS.
20. Format and 20.1. The Bidder shall prepare one original of the documents
Signing of Bid 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. The original and all copies of the bid shall be typed or written
in indelible ink and shall be signed by a person duly authorized
to sign on behalf of the Bidder. This authorization shall consist
of a written confirmation as specified in the BDS and shall be
attached to the bid. The name and position held by each person
signing the authorization must be typed or printed below the
signature. All pages of the bid where entries or amendments
have been made shall be signed or initialled by the person
signing the bid.
20.3. 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.
20.4. 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 21.1. The Bidder shall enclose the original and all copies of the
Marking of Bids bid, including alternative bids, if permitted in accordance with
ITB 13, in separate sealed envelopes, duly marking the
envelopes as “ORIGINAL”, “ALTERNATIVE” and “COPY.”
These envelopes containing the original and the copies shall
then be enclosed in one single envelope.
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 the 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.
22. Deadline for 22.1. Bids must be received by the Employer at the address and
Submission of Bids 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
Documents 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, 24.1. A Bidder may withdraw, substitute, or modify its bid after it
Substitution, and has been submitted by sending a written notice, duly signed by
Modification of an authorized representative, and shall include a copy of the
Bids authorization in accordance with ITB 20.2, (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.
25. Bid Opening 25.1. Except in the cases specified in ITB 23 and 24, the
Employer shall publicly open and read out in accordance with
ITB 25.3 all bids received by the deadline, at the date, time
and place specified in the BDS, in the presence of Bidders`
designated representatives and anyone who choose to attend.
Any specific electronic bid opening procedures required if
electronic bidding is permitted in accordance with ITB 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. 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. 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. Only bids that are
opened and read out at bid opening shall be considered
further.
25.3. All other 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, if required; and any
other details as the Employer may consider appropriate. Only
discounts and alternative bids read out at bid opening shall be
considered 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. The Employer shall neither discuss the merits of any bid
nor reject any bid (except for late bids, in accordance with
ITB 23.1).
25.4. The Employer shall prepare a record of the bid opening

that shall include, as a minimum: the name of the Bidder and
whether there is a withdrawal, substitution, or modification;

the Bid Price, per lot (contract) if applicable, including any
discounts and alternative bids; and the presence or absence of
a bid security, if one was required. The Bidders’
representatives who are present shall be requested to sign the
record. The omission of a Bidder’s signature on the record
shall not invalidate the contents and effect of the record. A
copy of the record shall be distributed to all Bidders.
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 Contract award is
communicated to all Bidders in accordance with ITB 40.
26.2. Any attempt 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. Clarification of 27.1. To assist in the examination, evaluation, and comparison of

Bids 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.
27.2. If a Bidder does not provide clarifications of its bid by the

date and time set in the Employer’s request for clarification,
its bid may be rejected.
28. Deviations, 28.1. During the evaluation of bids, the following definitions
Reservations, and apply:
Omissions (a) “Deviation” is a departure from the requirements
specified in the Bidding Documents;
(b) “Reservation” is the setting of limiting conditions or
withholding from complete acceptance of the
requirements specified in the Bidding Documents; and
(c) “Omission” is the failure to submit part or all of the
information or documentation required in the Bidding
Documents.
29. Determination 29.1. The Employer’s determination of a bid’s responsiveness is

of Responsiveness to be based on the contents of the bid itself, as defined in
ITB11.
29.2. A substantially responsive bid is one that meets the

requirements of the Bidding Documents 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 Documents, the Employer’s rights or the
Bidder’s obligations under the proposed Contract; or
(b) if rectified, would unfairly affect the competitive
position of other Bidders presenting substantially
responsive bids.
29.3. The Employer shall examine the technical aspects of the

bid submitted in accordance with ITB 16, Technical Proposal,
in particular, to confirm that all requirements of Section VI,

Works Requirements have been met without any material
deviation, reservation or omission.
29.4. If a bid is not substantially responsive to the requirements

of the Bidding Documents, it shall be rejected by the
Employer and may not subsequently be made responsive by
correction of the material deviation, reservation, or omission.
30. Nonmaterial 30.1. Provided that a bid is substantially responsive, the

Nonconformities 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, by adding the average price of the item or
component quoted by substantially responsive Bidders. If the
price of the item or component cannot be derived from the
price of other substantially responsive Bids, the Employer
shall use its best estimate.
31. Correction of 31.1. Provided that the bid is substantially responsive, the
Arithmetical Employer shall correct arithmetical errors on the following
Errors 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 32.1. For evaluation and comparison purposes, the currency(ies)
Single Currency of the Bid shall be converted into a single currency as
specified in the BDS.
33. Margin of 33.1. Unless otherwise specified in the BDS, a margin of

Preference preference for domestic bidders1 shall not apply.
34. Subcontractors 34.1. Unless otherwise stated in the BDS, the Employer does not
intend to execute any specific elements of the Works by sub-
contractors selected in advance by the Employer.
34.2. In case of Prequalification, the Bidder’s Bid shall name the
same specialized subcontractor as submitted in the
prequalification application and approved by the Employer.
34.3. In case of Post qualification, the Employer may permit
subcontracting for certain specialized works as indicated in
Section III 4.2. When subcontracting is permitted by the
Employer, the specialized sub-contractor’s experience shall be
considered for evaluation. Section III describes the
1
An individual firm is considered a domestic bidder for purposes of the margin of preference if it is registered in the
country of the Employer, has more than 50 percent ownership by nationals of the country of the Employer, and if it
does not subcontract more than 10 percent of the contract price, excluding provisional sums, to foreign contractors. JVs
are considered as domestic bidders and eligible for domestic preference only if the individual member firms are
registered in the country of the Employer or have more than 50 percent ownership by nationals of the country of the
Employer, and the JV shall be registered in the country of the Borrower. The JV shall not subcontract more than 10
percent of the contract price, excluding provisional sums, to foreign firms. JVs between foreign and national firms will
not be eligible for domestic preference.
qualification criteria for sub-contractors.

34.4. Bidders may propose subcontracting up to the percentage
of total value of contracts or the volume of works as specified
in the BDS.
35. Evaluation of 35.1. The Employer shall use the criteria and methodologies
Bids listed in this Clause. No other evaluation criteria or
methodologies shall be permitted.
35.2. To evaluate a bid, the Employer shall consider the
following:
(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 14.4;
(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 are specified in Section
III, Evaluation and Qualification Criteria;
35.3. The estimated effect of the price adjustment provisions of

the Conditions of Contract, applied over the period of
execution of the Contract, shall not be taken into account in
bid evaluation.
35.4. If these Bidding Documents allows Bidders to quote

separate prices for different lots (contracts), the methodology
to determine the lowest evaluated price of the lot (contract)
combinations, including any discounts offered in the Letter of
Bid Form, is specified in Section III, Evaluation and
Qualification Criteria.
35.5. If the bid, which results in the lowest Evaluated Bid Price,
is seriously unbalanced or front loaded in the opinion of the
Employer, the Employer may require the Bidder to produce

detailed price analyses for any or all items of the Bill of
Quantities, to demonstrate the internal consistency of those
prices with the construction methods and schedule proposed.
After evaluation of the price analyses, taking into
consideration the schedule of estimated Contract payments,
the Employer may require that the amount of the performance
security be increased at the expense of the Bidder to a level
sufficient to protect the Employer against financial loss in the
event of default of the successful Bidder under the Contract.
36. Comparison of 36.1. The Employer shall compare the evaluated prices of all
Bids substantially responsive bids established in accordance with
ITB 35.2 to determine the lowest evaluated bid.
37. Qualification of 37.1. The Employer shall determine to its satisfaction whether
the Bidder the Bidder that is selected as having submitted the lowest
evaluated and substantially responsive bid either continues to
meet (if prequalification applies) or meets (if post
qualification applies) the qualifying criteria specified in
Section III, Evaluation and Qualification Criteria.
37.2. The determination shall be based upon an examination of

the documentary evidence of the Bidder’s qualifications
submitted by the Bidder, pursuant to ITB 17.1.
37.3. 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 next lowest evaluated bid to
make a similar determination of that Bidder’s qualifications to
perform satisfactorily.
38. Employer’s 38.1. The Employer reserves the right to accept or reject any bid,
Right to Accept and to annul the bidding process and reject all bids at any time
Any Bid, and to prior to contract award, without thereby incurring any liability
Reject Any or All to Bidders. In case of annulment, all bids submitted and
Bids specifically, bid securities, shall be promptly returned to the
Bidders.
F. Award of Contract
39. Award Criteria 39.1. Subject to ITB 38.1, the Employer shall award the Contract
to the Bidder who has been determined to be the lowest
evaluated bid and is substantially responsive to the Bidding
Documents, provided further that the Bidder is determined to
be qualified to perform the Contract satisfactorily.
40. Notification of 40.1. Prior to the expiration of the period of bid validity, the
Award Employer shall notify the successful Bidder, in writing, that its
bid has been accepted. The notification letter (hereinafter and
in the Conditions of Contract and Contract Forms called the
“Letter of Acceptance” or “Notification of Award”) shall
specify the sum that the Employer will pay the Contractor in
consideration of the execution and completion of the Works
(hereinafter and in the Conditions of Contract and Contract
Forms called “the Contract Price”). At the same time, the
Employer shall also notify all other Bidders of the results of
the bidding identifying the bid and lot (contract) numbers and
the following information:
(i) name of each Bidder who submitted a Bid;
(ii) bid prices as read out at Bid Opening;
(iii) name and evaluated prices of each Bid that was evaluated;
(iv) name of bidders whose bids were rejected and the reasons
for their rejection; and
(v) name of the successful Bidder, and the Price it offered, as
well as the duration and summary scope of the contract
awarded.
40.2. Until a formal contract is prepared and executed, the

notification of award shall constitute a binding Contract.
40.3. The Employer shall promptly respond in writing to any

unsuccessful Bidder who, after notification of award in
accordance with ITB 40.1, requests in writing the grounds on
which its bid was not selected.
41. Signing of 41.1. Promptly upon notification, the Employer shall send the
Contract successful Bidder the Contract Agreement.
41.2. Within twenty-eight (28) days of receipt of the Contract

Agreement, the successful Bidder shall sign, date, and return it
to the Employer.
42. Performance 42.1. Within twenty-eight (28) days of the receipt of notification
Security of award 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 35.5, 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.
42.2. 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 next
lowest evaluated Bidder whose offer is substantially
responsive and is determined by the Employer to be qualified
to perform the Contract satisfactorily.
Bidding Documents for Procurement of Construction of Flood Protection Measures – Rehabilitation of Storm
Part 1 - Bidding Procedures
Section II. Bid Data Sheet

A. Introduction
ITB 1.1 The number of the Invitation for Bids is: EIB 2010 – 0479 / TG30
ITB 1.1 The Employer is: Public Institution “Vode Srpske”, Bijeljina
ITB 1.1 This is National Competitive Bidding (NCB).
The name of the Bid is: Construction of Flood Protection Measures –
Rehabilitation of Storm Water Pumping Stations in Republika Srpska
The identification number of the Bid is: EIB 2010-0479 / TG30
The number and identification of lots (contracts) comprising this NCB is:
none
The contract shall include rehabilitation works on 8 Work Sections as
follows:
1.Rehabilitation works on Glavinac 1 Pumping Station, City of Kozarska
Dubica (civil, mechanical and electrical works),
2.Rehabilitation works on Glavinac 2 Pumping Station, City of Kozarska
3.Rehabilitation works on Bajinci Pumping Station, City of Srbac (civil,
mechanical and electrical works),
4.Rehabilitation works on Matura Pumping Station, City of Gradiška
(civil, mechanical and electrical works),
5.Rehabilitation works on Orahova Pumping Station, City of Kozarska
6.Rehabilitation works on Kej Pumping Station, City of Gradiška
(changing pump aggregate),
7.Rehabilitation works on Guard house ‘Subotiste’, City of Bijeljina (civil
and electrical works),
8.Rehabilitation works on Pumping Stations: Ivanjsko polje 1 and 2 - City
of Brod (civil works), Topolovac 1 and 2 - City of Bijeljina (civil works),
Domuz skela - City of Bijeljina (civil works), Begov put - City of Bijeljina
(civil works), Liman - City of Gradiška (civil works) and Ina - City of
Srbac (civil works).
ITB 2.1 The Borrower is: Bosnia and Herzegovina represented by the Ministry of
Finance and Treasury and Republika Srpska, the Entity, represented by the
Ministry of Finance of Republika Srpska
ITB 2.1 The Bank: European Investment Bank (EIB)
ITB 2.1 Loan or Financing Agreement amount: EUR 55,000,000
Part 1 - Bidding Procedures
ITB 2.1 The name of the Project is: Emergency Flood Relief and Prevention – A
Project (EIB No 2010 – 0479)/TG 30
ITB 2.1 Eligible payments under this contract will be in accordance with the terms
and conditions of the Finance Contract signed between the Borrower and
the Bank
ITB 3.1 The Bank requires compliance with its policies in regard to corrupt and
fraudulent practices as set forth in its Guide to Procurement and the
Bidders should submit the Covenant of Integrity given in the Section VI
together with their Bid.
ITB 4.1 Maximum number of members in the JV shall be: 3
ITB 4.4 The Bank shall not provide finance, directly or indirectly, to or for the
benefit of, award a contract under any EIB Project to, or enter into any
relationship with, an individual or entity who is subject to financial
sanctions imposed by the European Union pursuant to Chapter 2 of Title
V of the Treaty on European Union or article 215 of the Treaty on the
Functioning of the European Union, either autonomously or pursuant to
the financial sanctions decided by the United Nations Security Council on
the basis of article 41 of the UN Charter. This applies without the need for
the Exclusion Proceedings.
A Bidder that has been sanctioned by an International Financial Institution
other than the Bank, shall submit with its Bid relevant decision on
sanctions together with the information on activities conducted in the
meantime to eliminate identified irregularities and the latest report of the
relevant bank on inspection of such irregularities.
ITB 4.8 This Bidding Process is not subject to prequalification.
B. Bidding Documents
ITB 6.1 The Bidding Documents consist of Parts 1, 2 and 3, which include all the
Sections specified below, and which should be read in conjunction with
any Addenda issued in accordance with ITB 8.
PART 1 Bidding Procedures
 Section I. Instructions to Bidders (ITB)
 Section II. Bid Data Sheet (BDS)
 Section III. Evaluation and Qualification Criteria
 Section IV. Bidding Forms
 Section V. Eligible Countries
 Section VI. Covenant of Integrity
PART 2 Work Requirements
 Section I. Employer's Requirements
 Section II. Technical Specifications
 Section III. Drawings and Design Details
PART 3 Conditions of Contract and Contract Forms
 Section I. General Conditions of Contract (FIDIC 1999 Yellow
Book 1st Edition) (GC)
 Section II. Particular Conditions of Contract (PC)
 Section III. Contract Forms
ITB 7.1 For clarification purposes only, the Employer’s address is:
Attention: Public Institution “Vode Srpske”
Street Address: Milosa Obilica 51
Floor/Room number: 1
City: Bijeljina / Republika Srpska
ZIP Code: 76300
Country: Bosnia and Herzegovina
Telephone: +387 55 201 784
Facsimile number: + 387 55 211 517
Electronic mail address: bijeljina@voders.org
ITB 7.1 Not applicable
ITB 7.2 The Employer shall organize site visit to all sites over a period of 3 days.
Since site visit is condition that have to be met along with other
qualification criteria, the Bidders are strongly recommended to attend this
visit and examine the sites of the 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 Bidders' expense.
Date: July 31, 2020, Time: 8:00 AM CET - onwards
Place: Starting from Glavinac 1 & 2 Pumping Station
In case a Bidder(s) would like to visit any other of the sites, the Employer
shall facilitate such access. The requests of the Bidder(s) for visiting any
additional site should arrive at least one week before the date set in ITB
22.1 as deadline for Bid Submission
Since site visit is a compulsory for the Bidders, a complete set of bidding
documents in English may be purchased until July 30, 2020 by interested
eligible bidders upon the submission of a written application to the address
below and upon payment of a non-refundable fee of BAM 500.00 to:
Sberbank a.d. Banja Luka

Branch Office Bijeljina, Majora Dragutina Gavrilovica 12 G,
76300 Bijeljina, Bosnia and Hercegovina
Number of bank account: 567-343-83000002-67
bearing the name of the contract.
ITB 7.4 A Pre-Bid meeting will take place at the following date, time and place:
Date: August 07, 2020, Time: 10:00 CET, duration up to 180 min
Place: PI Vode Srpske, Bijeljina, Milosa Obilica 51, 76300 Bijeljina,

Bosnia and Herzegovina
C. Preparation of Bids
ITB 10.1 The language of the bid is: English
All correspondence exchange shall be in English language and translated in
one of the official language of BiH.
Supporting documents and printed literature that are part of the Bid may be
submitted in one of the official language of BiH, but for evaluation purpose
only. Translation of these documents shall be ensured before contract
signature. Language for translation of supporting documents and printed
literature is English.
ITB 11.1 (h) The Bidder shall submit the following additional documents in its Bid
- A copy of the licence, indicating his eligibility to act as a
Contractor in the Republika Srpska, or a declaration stating that
the Bidder shall obtain, and deliver to the Employer, the said
licences not later than twenty-eight (28) days after the
announcement of the award.
- The access to such licence shall be under the responsibility and
risk of the awarded Bidder. The Employer shall (where he is in a
position to do so) provide reasonable assistance to the Contractor
at the request of the Contractor for the Contractor’s application for
the said licenses.
- Environmental and Social Management Strategies and
Implementation Plans (ES-MSIP)
ITB 13.1 Alternative bids are not permitted.
ITB 13.2 Alternative times for completion are not permitted.
ITB 13.4 Not applicable.
ITB 14.2 Replace the entire Sub-Clause ITB14.2 with the following:
The Bidder shall calculate his lump sum bid price by any means he
requires. The Bidder may use the quantities given in the Part 2 herein as a
basis for his bid, but the Employer holds no liability for the quantities
given therein because the Employer holds no detailed drawings on the
Works Sections described upon which to base quantity estimates.
Financial bidding shall be by:
a) Filling in a single bid price in the worksheet in BAM in
accordance with instructions: Part 1 – Bidding Procedures, Section
IV. Bidding Forms
b) Filling in rates in the schedule of Dayworks.
ITB 14.4 Not Applicable.
ITB 14.7 All duties, taxes other than VAT, 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.
The VAT will not be included in the Price Schedule and will be shown
separately in the Letter of Bid. If no information or conflicted information
is available in the bid on the VAT, the Price Schedule will be accepted as
excluding VAT during the evaluation.
ITB 15.1 The currency(ies) of the bid and the payment currency(ies) shall be in as
described below:
(a) The prices shall be quoted by the Bidder in the Price Schedule,
entirely in BAM (Convertible Mark of B-H).
(b) Unspecified currencies in the Bid will be accepted as BAM
(c) The currencies proposed other than BAM shall not be accepted and
such bids will be rejected
(d) The currency of payment for foreign bidders will be European
EURO (EUR), further referred to as “the foreign currency” and for
the local bidders will be Convertible Mark (BAM) further referred to
as “the local” currency.

ITB 18.1 The bid validity period shall be 180 days.
ITB 18.3 (a) There will be no price adjustment.
ITB 19.1 A Bid Security is required. It shall be in form of a demand guarantee
issued by a bank.
The amount of the bid security shall be: 137,500 BAM (or equivalent in
EUR).
ITB 19.3 (b) Not applicable
ITB 19.3 (c) Not applicable
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: 3 (three)
ITB 20.2 The written confirmation of authorization to sign on behalf of the Bidder
shall consist of letter of authorization verified by the state authorities,
public notary or any other means of verification acceptable to the
Employer.
The Bidder shall submit relevant form containing the certified signature of
authorized person.
D. Submission and Opening of Bids
ITB 21.1 The Bidder shall enclose the original and all required copies of the bid in
separate and sealed envelopes (four in total), duly marking the envelopes
as “ORIGINAL” and “COPY.”
These envelopes containing the original and the copies shall then be
enclosed in one single envelope and sealed.
ITB 22.1 For bid submission purposes only, the Employer’s address is
Attention: Public Institution “Vode Srpske”
ZIP Code: 76300
The deadline for bid submission is:
Date: August 28, 2020
Time: 12:00 CET
Bidders shall not have the option of submitting their bids electronically.
ITB 25.1 The bid opening shall take place at:

Public Institution “Vode Srpske”
Date: August 28, 2020
Time: 12:00 CET
ITB 25.3 The Letter of Bid and Price Schedule shall be initialled by all members of
the Evaluation Committee as the representatives of the Employer
conducting Bid opening.
E. Evaluation, and Comparison of Bids
ITB 32.1 The currency that shall be used for bid evaluation is: BAM
In Bosnia and Herzegovina, the currency board arrangement is in force.
The exchange rate for BAM is fixed to EUR and is 1 EUR = 1.95583
BAM.
Exchange rate source is Currency Exchange List published by the Central
Bank of Bosnia and Herzegovina available at the: https://www.cbbh.ba/
ITB 33.1 A margin of preference shall not apply.
ITB 34.4 Contractor’s proposed subcontracting:
a) Maximum percentage of subcontracting permitted is: 30% of the total
contract amount, as defined in the Contract Data.
b) 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 sub-contractors and their
qualification and experience. The qualification and experience of the sub-
contractors must meet the minimum criteria for the relevant work to be sub-
contracted failing which such sub-contractors will not be permitted to
participate.
c) Sub-contractors’ qualification and experience will not be considered for
evaluation of the Bidder. The Bidder on its own (without taking into account
the qualification and experience of the sub-contractor) should meet the
qualification criteria.
F. Award of Contract
ITB 40.1 Prior to the expiration of the period of bid validity, the Employer shall notify
the successful Bidder, in writing, on his intent to award him the contract.
However, this letter shall not substitute the ‘Notification of Award’ or
‘Letter of Acceptance’ and shall not be interpreted as the commencement
of the Contract. At the same time the Employer shall also notify all other
Bidders on his intent.
Following expiration of reasonable time period, and prior to the expiration
of the period of bid validity, the Employer shall notify the successful
Bidder, in writing, that its bid has been accepted. The notification letter
shall specify the sum that the Employer will pay the Contractor in
consideration of the execution and completion of the Works (hereinafter
and in the Conditions of Contract and Contract Forms called “the Contract
Price”). At the same time, the Employer shall also notify all other Bidders
of the results of the bidding.
After the signature of the Contract the Employer will publish, in the same
media as the Procurement Notice, the results identifying the bid and the
following information:
a) Project title and number;
b) Publication reference;
c) Publication date of the Procurement Notice;
d) Promoter’s name;
e) Reference of the Bank’s financing;
f) Contract value (only when price is the evaluation criterion);
g) Date of award of contract;
h) Number of bids received;
i) Name and address of successful bidder.
ITB 40.3 Any appeals and complaints after notification in accordance with ITB 40.1
should be made to the Employer in writing, within seven (7) days.
The Employer shall promptly respond, within fourteen (14) days, in
writing to any unsuccessful Bidder who, after notification, requests in
writing the grounds on which its bid was not selected as well as answers to
the complaints.
In case the dispute is not being solved after the response of the Employer, the
Bidder may file his complaint with the Promoter (Ministry of Agriculture,
Forestry and Water Management of Republika Srpska) in writing together
with the result of the complaint filed with the Employer.
The EIB’s Guide to Procurement applies. The Bidder may file his
complaint with the EIB complaint mechanism.
ITB 41.2 Within twenty-eight (28) days of receipt of notification of award

supported with the Contract Agreement, the successful Bidder shall sign,
date, and return it to the Employer, unless the Employer informs the
successful Bidder through the Letter of Intention, that he wants to prolong
signing of the Contract.
ITB 42.1 The performance security shall be in accordance with the General
Conditions of Contract, subject to ITB 35.5, using for that purpose the
Performance Security Form included in Section X. Contract Forms, or
another form acceptable to the Employer.
Performance Security shall be issued in a form of a performance guarantee
in the amount of 10% of the accepted contract price.
42.2 Environmental and Social (ES) Performance Security not required

Section III. Evaluation and Qualification Criteria (without prequalification) 41
Section III. Evaluation and Qualification

Criteria
(Without Prequalification)
This Section contains all the criteria that the Employer shall use to evaluate bids and qualify
Bidders. In accordance with ITB 35 and ITB 37, no other factors, methods or criteria shall be
used. 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 BAM
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.
1. Domestic Preference
Not applicable.
2. Evaluation
In addition to the criteria listed in ITB 35.2 (a) – (e) the following criteria shall apply:
2.1 Assessment of adequacy of Technical Proposal with 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 Part 2 - Works Requirements
2.2 Multiple Contracts, if permitted under ITB 35.4, will be evaluated as

follows:
Not applicable
2.3 Alternative Completion Times, if permitted under ITB 13.2, will be

evaluated as follows:
Not applicable
2.4 Technical alternatives, if permitted under ITB 13.4, will be evaluated as

follows:
Not applicable.
2.5 Specialized Subcontractors
Only the specific experience of sub-contractors for specialized works

permitted by the Employer will be considered. The general experience and
financial resources of the specialized sub-contractors shall not be added to
those of the Bidder for purposes of qualification of the Bidder.
The specialized sub-contractors proposed shall be fully qualified for their

work proposed, and meet the following criteria:
Bidding Documents for Procurement of Construction of Flood Protection Measures – Rehabilitation of Storm Water Pumping Stations in Republika Srpska
3. Qualification Criteria
Bidding Documents – Procurement of Construction of Flood Protection Measures – Rehabilitation of Storm Water Pumping Stations in Republika Srpska
Section III. Evaluation and Qualification Criteria (without prequalification) 44 44
Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture (existing or intended)
No. Subject Requirement Single Entity All Parties Each Member One Member Submission
Combined Requirements
1. Eligibility
1.1 Nationality Nationality in accordance Must meet Must meet Must meet N/A Forms ELI – 1.1
with ITB 4.3 requirement requirement requirement and 1.2, with
attachments
1.2 Conflict of Interest No conflicts of interest in Must meet Must meet Must meet N/A Letter of Bid
accordance with ITB 4.2 requirement requirement requirement
1.3 Bank Eligibility Not having been declared Must meet Must meet Must meet N/A Letter of Bid
ineligible by the Bank, as requirement requirement requirement
described in ITB 4.4, 4.5,
4.6 and 4.7.
1.4 Government Owned Meets conditions of ITB Must meet Must meet Must meet N/A Forms ELI – 1.1
Entity of the 4.5 requirement requirement requirement and 1.2, with
Borrower country attachments
1.5 United Nations Not having been Must meet Must meet Must meet N/A Forms ELI – 1.1
resolution or excluded as a result of requirement requirement requirement and 1.2, with
Borrower’s country prohibition in the attachments
law Borrower’s country laws
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
4.7 and Section V.
2. Historical Contract Non-Performance
2.1 History of Non- Non-performance of a Must meet Must meet Must meet N/A Form CON-2
Performing contract2 did not occur as requirement2 requirements requirement3
2
Non-performance, as decided by the Employer, shall include all contracts where (a) non-performance was not challenged by the contractor, including through
referral to the dispute resolution mechanism under the respective contract, and (b) contracts that were so challenged but fully settled against the contractor.
Non-performance shall not include contracts where Employers decision was overruled by the dispute resolution mechanism. Non-performance must be based
Eligibility and Qualification Criteria Compliance Requirements Documentation

Joint Venture (existing or intended)
No. Subject Requirement Single Entity All Parties Each Member One Member Submission
Combined Requirements
Contracts a result of contractor
default since 1st January
2017.
2.2 Suspension based on Not under suspension Must meet Must meet Must meet N/A Bid Submission
Execution of Bid based on execution of a requirement requirement requirement Form
Securing Bid Securing Declaration
Declaration by the pursuant to ITB 4.6 or
Employer or withdrawal of the Bid
withdrawal of the pursuant ITB 19.9.
Bid within Bid
validity
2.3 Pending Litigation Bidder’s financial Must meet N/A Must meet N/A Form CON – 2
position and prospective requirement requirement
long term profitability
sound according to
criteria established in 3.1
below and assuming that
all pending litigation will
be resolved against the
Bidder
on all information on fully settled disputes or litigation, i.e. dispute or litigation that has been resolved in accordance with the dispute resolution mechanism
under the respective contract and where all appeal instances available to the Bidder have been exhausted.
3
This requirement also applies to contracts executed by the Bidder as JV member.
2.4 Litigation History No consistent history of Must meet Must meet Must meet N/A Form CON – 2
court/arbitral award requirement4 requirement requirement
decisions against the
Bidder4 since 1st January
2017.
3. Financial Situation and Performance
3.1 Financial (i) The Bidder shall (i)Must meet (i) Must meet (i) N/A (i) N/A Form FIN – 3.1,
Capabilities demonstrate that it has requirement requirement with attachments
access to, or has
available, liquid assets,
unencumbered real
assets, lines of credit, and
other financial means
(independent of any
contractual advance
payment) sufficient to
meet the construction
cash flow requirements
estimated as BAM
1,800,000 (or equivalent
in EUR) for the subject
contract(s) net of the
Bidders other
commitments
(ii) The Bidders shall
also demonstrate, to the
satisfaction of the
Employer, that it has (ii) Must meet (ii) Must meet (ii) N/A (ii) N/A
adequate sources of requirement requirement
finance to meet the cash
flow requirements on
works currently in
progress and for future
contract commitments.
(iii) The audited balance
4
The Bidder shall provide accurate information on the letter of Bid about any litigation or arbitration resulting from contracts completed or ongoing under its
execution over the last five years. A consistent history of court/arbitral awards against the Bidder or any member of a joint venture may result in disqualifying
the Bidder.
sheets or, if not required

by the laws of the
Bidder’s country, other (iii) Must meet
financial statements (iii)Must meet (iii) N/A requirement (iii) N/A
acceptable to the requirement
Employer5, for the last
three (3) years shall be
submitted and must
demonstrate the current
soundness of the
Bidder’s financial
position and indicate its
prospective long-term
profitability.
3.2 Average Annual Minimum average annual Must meet Must meet Must meet 30 %, Must meet 70%, Form FIN – 3.2
Turnover turnover of BAM requirement requirement of the of the
18,000,000 (or requirement requirement
equivalent in EUR),
calculated as total
certified payments
received for contracts in
progress and/or
completed within the last
three (3) years, divided
by years.
5
Balance sheets, Income statements and Cash-flow statements
4. Experience
4.1 (a) General Experience Experience in similar Must meet Must meet N/A N/A Form EXP – 4.1
contracts6 (completed requirement requirement
and/or in progress)
contracts in the role of
general contractor, JV
member or sub-
contractor6, with a
cumulative value7 of at
least 9.000.000,00 BAM
(or equivalent in EUR)
without VAT between
1st January 2015 and
application submission
deadline.
6
The similarity shall be based on the physical size, complexity, methods/technology and/or other characteristics described in Part 2 - Work’s Requirements.
Similar contracts to be accepted are such as construction or renovation/rehabilitation of pumping stations, for at least 2 pumping stations for drainage, rain
water and slurry management. Experience can be partially based on the Contracts or subcontracts for any civil works (means not only related to the pumping
stations projects), any electrical substation or transformer (as not being state of art or special pumping station equipment, means not only related to the
pumping stations projects) or SCADA services, but limited to 33,33% (1/3) of cumulative value stated in the ‘General experience - Experience in similar
contracts’. Supplier of works and/or pumps in such contracts is considered as subcontractor. Any of the presented General Experience shell not take into
consideration summation of smaller value contracts less than the value specified under requirement (e.g. 1 MBAM or equivalent in EUR) to meet the overall
requirement and will not be evaluated and accepted.
7
Cumulative value is the sum of single contracts where each contract meet minimum value requirement of 1.000.000,00 BAM (or equivalent in EUR) without
VAT. In the case of JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the minimum value
of a single contract has been met. Instead, each contract performed by each member shall satisfy the minimum value of a single contract as required for single
entity. In determining whether the JV meets the requirement of cumulative value only the contracts completed by all members each of value equal or more than
the minimum value required shall be aggregated.
4.2 (a) Specific Experience A minimum number Form EXP 4.2(a)

of similar equipment
specified below that
has been
satisfactorily
delivered and
installed as a prime
contractor, joint
venture member, or
sub-contractor
with a cumulative
value of at least
3.000.000,00 BAM
(or equivalent in
EUR) without VAT
between 1st January
2015 and application
submission deadline
as follows:
- 3 submersible
propeller drainage
pump aggregates with
Capacity not less than
3,0 m3/s per pump at “Must meet
guaranteed duty point “Must meet Must meet N/A requirement for
and motor power of requirement for requirement one contract
at least 300kW and one contract (Requirement
- 3 submersible (Requirement can be met
propeller drainage can be met through a JV
pump aggregates with through a JV member or sub-
Capacity not less than member or sub- contractor6)””
1,5 m3/s per pump at contractor6)”
guaranteed duty point
and motor power of
at least 200kW and
- 3 long shaft tubular
casing drainage pump
aggregates with dry
motor and capacity of
at least 1,5 m3/sec
per pump at pump
guaranteed duty point
and motor power of
at least 150 kW .
3.5 Contractor’s Representative and Key Personnel

The Bidder must demonstrate that it will have a suitably qualified (and in adequate
number) personnel for key positions that meet following requirements:
Total Work Total Experience in

Experience in their works of similar
No Position expert field nature and complexity
(years) (years)
Contractor’s Representative
1 10 5
Required: Management experience
Site Engineer1 (Civil engineer)
2 8 5
Required: local professional license
Site Engineer 2 (Mechanical engineer)
3 8 5
Site Engineer 3 (Electrical engineer)
4 8 5
5 Civil Engineering Design Expert 5 3
6 Mechanical Engineering Design Expert 5 3
7 Electrical Engineering Design Expert 5 3
8 SCADA Specialist 5 3
Sexual Exploitation, Abuse and Harassment
9 Any Any
Expert
Management and control engineer
Required: certificate - Information
10 Technology Infrastructure Library (ITIL) or 8 -
similar certification issued by
internationally recognized institution
Security team:
Required: certificate - Comptia Pentest+ or
11 equivalent (Certified Ethical Hacker) or 8 -
similar certification issued by
internationally recognized institution
Project manager - Planner
Required: At least one of the following
Certificates: PMP, CBAP-Certified
Business Analysis Professional,
12 International Institute for Business Analysis 8 -
or PMI-PBA—Certified Proffesional
Business Analysis, PMI
or an equivalent to internationally
recognized standard
Bidding Documents – Procurement of Construction of Flood Protection Measures – Rehabilitation of Storm
The Bidder shall provide details of the listed personnel 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.
3.6 Equipment
The Bidder must demonstrate that it has access to the key equipment listed hereafter:
Minimum
No. Equipment Type and Characteristics Number
required
1 Auto-Cranes, cranes, telescopic hander and other lifting equipment 3
2 Trucks of 10 tons capacity 3
The Bidder shall provide further details of proposed items of equipment using Form EQU
in Section IV, Bidding Forms.
Section IV. Bidding Forms
Table of Forms
Letter of Bid 54
Bill of Quantities 57
Bill No. 1:
Bill No. 2:
Bill No. 3:
Daywork Schedule
Schedule of Daywork Rates: 1. Labour
Schedule of Daywork Rates: 2. Materials
Schedule of Daywork Rates: 3. Contractor’s Equipment
Daywork Summary
Summary of Specified Provisional Sums
Grand Summary
Technical Proposal 68
Site Organization
Method Statement
Mobilization and Construction Schedule
Construction Schedule
ES Management Strategies and Implementation Plans
Quality Assurance Plan
Code of Conduct for Contractor’s Personnel (ES) Form
Form EQU: Equipment
Personnel 84
Form PER -1
Form PER-2:
Bidders Qualification without prequalification 90

Form ELI -1.1
Form ELI -1.2
Form CON – 2
Form FIN – 3.1:
Form FIN – 3.2:
Form FIN – 3.3:
Form FIN – 3.4:
Form EXP - 4.1
Form EXP - 4.2(a)
Form of Bid Security 103

Letter of Bid
Date:
Bid No.:
Invitation for Bid No.:
To: _______________________________________________________________________
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Documents, including
Addenda issued in accordance with Instructions to Bidders (ITB 8) ;
(b) We meet the eligibility requirements and have no conflict of interest in accordance with
ITB 4;
(c) 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 4.6.
(d) We offer to execute in conformity with the Bidding Documents the following Works:
(e) The total price of our Bid, excluding any discounts offered in item (f) below is:
 BAM (total price excluding VAT in BAM in words and figures)
 VAT (BAM) (VAT amount in BAM in words and figures)
(f) The discounts offered for our Bid is:

(the percent (%) offered, if any, to the price per item of works (excluding the provisional
sums (, in words and figures) % (percent).
(g) Our Bid shall be valid for a period of 180 days from the date fixed for the bid submission
deadline in accordance with the Bidding Documents and it shall remain binding upon us
and may be accepted at any time before the expiration of that period;
(h) If our bid is accepted, we commit to obtain a performance security in accordance with
the Bidding Documents;
(i) We are not participating, as a Bidder or as a subcontractor, in more than one bid in this
bidding process in accordance with ITB 4.2(e);
(j) 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 Bank, nor been declared ineligible by the Bank. 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;
(k) We are not a government owned entity/ We are a government owned entity but meet the
requirements of ITB 4.5;7
(l) We have paid, or will pay the following commissions, gratuities, or fees with respect to
the bidding process or execution of the Contract:
Name of Recipient Address Reason Amount
(If none has been paid or is to be paid, indicate “none.”)
(m) We understand that this bid, together with your written acceptance thereof included in
your notification of award, shall constitute a binding contract between us, until a formal
contract is prepared and executed; and
(n) We understand that you are not bound to accept the lowest evaluated bid or any other
bid that you may receive.
(o) We hereby certify that we have taken steps to ensure that no person acting for us or on
our behalf will engage in any type of fraud and corruption.
(k) Potential DAB Members: We hereby propose the following person, whose curriculum
vitae is attached, as potential DAB member:
7
Bidder to use as appropriate.
Name Address
1. ….
2. ….
3. ….
Name of the Bidder*

Name of the person duly authorized to sign the Bid on behalf of the Bidder**
Title of the person signing the Bid
Signature of the person named above
Date signed ________________________________ day of _______________________,

_____
*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as
Bidder
**: Person signing the Bid shall have the power of attorney given by the Bidder to be
attached with the Bid
Bill of Quantities
A. Preamble
1. The Bill of Quantities shall be read in conjunction with the Instructions to Bidders,
General and Particular Conditions of Contract, Employer Requirements, Technical
Specifications, Drawings and other instructions from Bidding Documents.
2. The quantities given in the Bill of Quantities are estimated and provisional, and are given
to provide a common basis for bidding. The basis of payment will be the actual
quantities of work ordered and carried out, as measured by the Contractor and verified by
the Engineer and valued at the rates and prices bid in the priced Bill of Quantities, where
applicable, and otherwise at such rates and prices as the Engineer may fix within the
terms of the Contract.
3. The rates and prices bid in the priced Bill of Quantities shall, except insofar as it is
otherwise provided under the Contract, include all Constructional Plant, labour,
supervision, materials, erection, temporary works, site and Works maintenance,
insurance, profit, taxes, and duties, together with all general risks, liabilities, and
obligations set out or implied in the Contract.
4. A rate or price shall be entered against each item in the priced Bill of Quantities, whether
quantities are stated or not. The cost of Items against which the Contractor has failed to
enter a rate or price shall be deemed to be covered by other rates and prices entered in the
Bill of Quantities.
5. The whole cost of complying with the provisions of the Contract shall be included in the
Items provided in the priced Bill of Quantities, and where no Items are provided, the cost
shall be deemed to be distributed among the rates and prices entered for the related Items
of Work.
6. General directions and descriptions of work and materials are not necessarily repeated
nor summarized in the Bill of Quantities. References to the relevant sections of the
Contract documentation shall be made before entering prices against each item in the
priced Bill of Quantities.
7. Provisional Sums included and so designated in the Bill of Quantities shall be expended
in whole or in part at the direction and discretion of the Engineer in accordance with Sub-
Clauses 13.4 and 13.5 of the General Conditions except with respect to DAB Fees and
Expenses for which no instruction will be required from the Engineer.
8. The method of measurement of completed work for payment shall be in accordance with
the Contract Agreement, PART 3 – Conditions of Contract.
B. Work Items
1. The Bill of Quantities usually contains the following part Bills, which have been
grouped according to the nature or timing of the work:
 Grand Total
 Daywork Schedule; and
 Summary Bill of Quantities
 Bill No. 1—General provisions;
 Bill No. 2—Design and Technical Documentation;
 Bill No. 3—Provisional Sums
 Bill No 4 – Glavinac 1, Civil Works
 Bill No 5 – Glavinac 1, Mechanical works
 Bill No 6 – Glavinac 1, Electrical Works
 Bill No 7 – Glavinac 2, Civil Works
 Bill No 8 – Glavinac 2, Mechanical works
 Bill No 9 – Glavinac 2, Electrical Works
 Bill No 10 – Bajinci, Civil Works
 Bill No 11 – Bajinci, Mechanical works
 Bill No 12 – Bajinci, Electrical Works
 Bill No 13 – Matura, Civil Works
 Bill No 14– Matura, Mechanical works
 Bill No 15 – Matura, Electrical Works
 Bill No 16 – Orahova, Civil Works
 Bill No 17 – Orahova, Mechanical works
 Bill No 18 – Orahova, Electrical Works
 Bill No 19 – Kej, Civil Works
 Bill No 20 – Kej, Mechanical Works
 Bill No 21 – Subotiste, Civil Works
 Bill No 22 – Suboitiste, Electrical Works
 Bill No 23 – Ivanjsko polje 1, Civil Works
 Bill No 24 – Ivanjsko polje 2, Civil Works
 Bill No 25 – Domuz sklela, Civil Works
 Bill No 26 – Begov put, Civil Works
 Bill No 27 – Topolovac 1, Civil Works
 Bill No 28 – Topolovac 2, Civil Works
 Bill No 29 – Liman, Civil Works
 Bill No 30 – Ina, Civil Works
Please refer to the document, attached:

Appendix: PART 1 – Bidding forms Bill of Quantities
* Electronic form of this document is available on a Bidders demand in a form of RfI.
Bill of Quantities
Appendix:
PART 1 – Bidding forms
Bill of Quantities
Bill No.: ___

Item no. Description Unit Quantity Rate Amount
Total for Bill No. __

(carried forward to Summary, p. )
Daywork Schedule
General
1. Reference should be made to Sub-Clause 13.5 of the General Conditions. Work shall not
be executed on a daywork basis except by written order of the Engineer. Bidders shall
enter basic rates for daywork items in the Schedules, which rates shall apply to any
quantity of daywork ordered by the Engineer. Nominal quantities have been indicated
against each item of daywork, and the extended total for Daywork shall be carried
forward as a Provisional Sum to the Summary Total Bid Amount.
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 Bosnia-Herzegovina or Republic of Srpska
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 staging, scaffolding, workshops, and
stores, portable power tools, manual plant, temporary works and tools;
supervision by the Contractor’s staff, foremen, and other supervisory personnel;

and charges incidental to the foregoing.
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 defined in the ITB15.1 (d).
(b) 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.
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.
Schedule of Daywork Rates: 1. Labour
Item no. Description Unit Nominal Rate Extended

quantity amount
Subtotal
Allow percenta 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.

Schedule of Daywork Rates: 2. Materials
Item no. Description Unit Nominal Rate Extended

quantity amount
Subtotal
a
Allow percent of Subtotal for Contractor’s overhead,
profit, etc., in accordance with paragraph 4 (b) above.
Total for Daywork: Materials


Schedule of Daywork Rates: 3. Contractor’s Equipment
Item no. Description Nominal Basic Extended

quantity hourly amount
(hours) rental rate
Allow percenta of Subtotal for

Contractor’s overhead, profit, etc., in
accordance with paragraph 7 above.
Total for Daywork: Contractor’s Equipment

Daywork Summary
Amount %
(BAM ) 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. )
Summary of Specified Provisional Sums
Bill no. Item no. Description Amount

BAM
1 Provisional sums for the Employer’s and 50.000,00
Contractor’s portion of DAB costs
Total Fee for the Member services for Dispute
resolutions
2 Provisional sums for the Employer’s and 50.000,00

Contractor’s portion of DAB costs
Total Fee for the Member services for Informal
Assistance, over the period of 16 months
Provisional sums for additional ES outcomes. N/A
Total for Specified Provisional Sums 100.000,00

(Carried forward to Grand Summary (B), p. )
The provisional sums include an estimated amount to cover the Employer’s portion (50%)
and Contractor’s portion (50%) of DAB’s fees and expenses.
Grand Summary
Contract Name:
Contract No.:
General Summary Page Amount

(BAM)
Bill No. 1:
Bill No. 2:
Bill No. 3:
—etc.—
Subtotal of Bills (A)
Total for Daywork (Provisional Sum)* (B)
Specified Provisional Sums included in subtotal of billsii (C) 100.000,00
Total of Bills Plus Provisional Sums (A + B + C) i (D)
Add Provisional Sum for Contingency Allowance ii (E) 450.000,00
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 Sub-Clauses 13.4 and 13.5 of the General Conditions except with respect to DAB Fees
and Expenses for which Sub-Clause 13.4 of the Particular Conditions – Part B shall apply.
ii) To be entered by the Employer.
* For evaluation purposes, Provisional Sum, other than Daywork will be excluded
Technical Proposal
- Site Organization
- Method Statement
- Mobilization Schedule
- Construction Schedule
- Environmental and Social Management Strategies and Implementation

Plans
- Code of Conduct (ES)
- Equipment
- Key Personnel Schedule
- Others
Failure to provide detailed and acceptable technical information in accordance with the
requirements may lead to the rejection of the Bid.
Site Organization
The Bidder shall propose an Organizational Plan for the management of activities on the site
and the implementation of the Contract.
The Bidder shall indicate the proposed location of its headquarters on the site, stations,
warehouses, etc., and the office to be provided to the Engineer as described in the Employer
Requirements (attach appropriate drawings).
In case of JV, the Bidder shall clearly state interrelationships between the partners who make
up a JV with precise sharing out of works among partners.
The Bidder shall provide detailed plan of activities of subcontractors and proposal for the
management of them.
The Bidder shall provide details (in graphic form) of the Organization Chart of Site office for
this contract, showing the key personnel and their responsibilities and functions. Explain
clearly the links between the site office and the Company’s head office organization and in
particular show the involvement of any directors, area managers or visiting staff in this
particular contract. In the case of a JV the Bidder must indicate the inter-relationships
between the JV partners.
The bidder shall provide details of the two vehicles 4x4 (e.g. Lada Niva or similar) he intends
to provide for the Employer and his staff.
Failure to provide detailed and acceptable technical information in accordance with the above
Method Statement
The bidder must submit a comprehensive method statement, with drawings, showing the
methods by which it proposes to carry out the works in each works section.
The method statement shall to the extent possible at the bidding stage, give the source of any
new products to be incorporated into the permanent works and the source of any replacement
parts to be incorporated into the permanent works.
The Bidder shall provide general description of the arrangements and method statement
which the Bidder intends to adopt for the execution of the Works. The Bidder’s arrangements
and method statement should demonstrate their adequacy for satisfactory execution of the
Works in conformity with the Bidding Documents.
In particular, the Bidder shall state the number, type and capacity of all plants, equipment and
labour proposed to perform the main activities in the works, landfills, the sources of all
quarries, borrow pits, spoil areas, materials suppliers and the proposed means of haulage, and
proposed modes of transport; parallel fronts of works that have been proposed, the location
plants, production facilities, laboratories, etc.; proposed safety and health insurance plan, the
activities of JV partners.
Mobilization and Construction Schedule

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 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 bidder shall provide a Mobilization and Construction Schedule for the completion of the
works in accordance with the required method of construction and stated time for
completion.
The Mobilization and Construction Schedule shall provide brief descriptions of major
activities, showing the sequence and proposed timetable for the implementation of the tasks,
if applicable in respect of JV partners and sub-contractors. In particular, the proposal shall
detail the temporary and permanent works to be constructed.
Attach a critical milestone bar chart representing the construction programme and detailing
the relevant activities, dates, allocation of labour and plant resources, material approval, etc.
The Bidder shall provide information and/or schedule showing the order in which the Bidder
intends to carry out the Works including the anticipated timing of each stage of the
performance of the Contract including but not limited to:
a) mobilisation of the Contractor’s Plant and Equipment;

b) execution of each key construction activity including anticipated construction rates
and estimated timing for commencement and completion;
c) details relating to the sources of the key materials, estimated transportation distances
for the materials;
d) other information as the Bidder deems relevant or appropriate.
In addition, the Mobilization and Construction Schedule shall be submitted in the form of a
diagram with the critical positions (time schedule plan) and shall detail the relevant activities,
dates, allocation of materials, labour and machinery, etc., with clear indication of items in the
dynamics schedule to be executed by the subcontractors.
The Mobilization and Construction Schedule will display, among other things: detailed
descriptions of the order and timetable of works, the amount of work that is expected to be
performed each month; resources (materials, machinery and labour) that are necessary for
each month to carry out the planned works, the need for the financial resources of each
month ("cash flow"), relationships between activities, critical paths.
Important notice:
The Bidder’s construction schedules should demonstrate the ability to complete all
works within maximum of 420 days, and not later than 30.11.2021, excluding DNP. In
the preparation of the programme the Bidder shall take into account adverse weather
conditions, which may restrict progress in both the winter and summer months.
Construction Schedule
The construction schedule shall include as a minimum the following key milestones:
 No-objection to the Contractor MSIPs, which collectively form the C-ESMP, in
accordance with the Particular Conditions - Special provisions Sub-Clause 4.1.
 Commencement Date
 Preparation of the Design and technical documentation
 Design Review, if needed
 Constitution of the DAB
Failure to provide information in accordance with the above requirements may lead to the
rejection of the bid.
ES Management Strategies and Implementation Plans
(ES-MSIP)
The Bidder shall submit comprehensive and concise Environmental and Social Management
Strategies and Implementation Plans (ES-MSIP) as required by ITB 11.1 (h) of the Bid Data
Sheet. These strategies and plans shall describe in detail the actions, materials, equipment,
management processes etc. that will be implemented by the Contractor, and its
subcontractors.
In developing these strategies and plans, the Bidder shall have regard to the ES provisions of
the contract including those as may be more fully described in the Works Requirements
described in Part 2 – Sections I, II and III.
During the construction phase of the project, mitigation and monitoring of environmental and
social activities will run parallel to the physical activities. They will commence at the time
when labour, equipment and/or materials are moved to the site and will end after the job is
completed and all men, equipment and/or materials are removed from the site and the work at
the location is completed.
The Bidder shall explain mitigation measures concerning negative environmental impacts of
the Construction works. The EMP shall include all methods to:
 Control noise during construction;

 Control fugitive dust;
 Safely dispose of hazardous materials and non-hazardous material;
 To avoid spillage of diesel fuels and construction chemicals;
 To avoid pollution of the Sava River during construction.
rejection of the bid.
Quality Assurance Plan
The bidder shall provide hereunder details of the Quality Assurance Plan proposed to be used
in order to ensure compliance with the Contract. Part of the quality plan shall set down
quality control procedures dedicated to the project and not just a general quality plan used by
the bidder.
The plan shall set down how the quality of plant and materials to be incorporated into the
permanent works shall be controlled. The plan shall show how the flow of documentation in
the contract shall be controlled.
rejection of the bid
License / Authorization for Construction Works
The Bidder shall provide a statement confirming that he either possess, or will obtain
promptly in the event that he is awarded the contract, but not later than twenty-eight (28)
days after the announcement of the award, licenses for performing construction works on the
territory of the Republic of Srpska and registration for VAT purposes.
In case that successful bidder doesn’t possess the requested license, the Employer will assist
in obtaining the licenses in compliance with Sub-Clauses 2.2 and 4.1 of the Conditions of
Contract.
Sources for Materials Procurement Origin of Supplies
Approximate Country of Name and Address of the

Material Element of work
value Origin Supplier
The Bidder shall fill this schedule with the list of the most important materials but shall
include as a minimum quarry sites, sources of bitumen and cement, sources of reinforcing
steel, sources of precast concrete beams, bearings, expansion joints etc.
requirements may lead to the rejection of the bid
Cash Flow
The Bidder is to detail his projected cash flow, taking into account the advance, its
repayment, materials delivered to site and the rate of progress he estimates on completing
each works section, as per format below:
Advance Advance PAYMENTS TO CONTRACTOR

Value of Work
Month Payment Repayment Monthly Total Cumulated Value
[BAM] [BAM] [BAM] [BAM] [BAM]
10
11
12
13
14
15
16
TOTAL
Code of Conduct for Contractor’s Personnel (ES) Form
CODE OF CONDUCT FOR CONTRACTOR’S PERSONNEL

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

Any violation of this Code of Conduct by Contractor’s Personnel may result in serious
consequences, up to and including termination and possible referral to legal authorities.
FOR CONTRACTOR’S PERSONNEL:
I have received a copy of this Code of Conduct written in a language that I comprehend. I
understand that if I have any questions about this Code of Conduct, I can contact [enter name
of Contractor’s contact person(s) with relevant experience)] requesting an explanation.
Name of Contractor’s Personnel: [insert name]
Signature: __________________________________________________________
Date: (day month year): _______________________________________________
Countersignature of authorized representative of the Contractor:

Signature: ________________________________________________________
Date: (day month year): ______________________________________________
ATTACHMENT 1: Behaviours constituting Sexual Exploitation and Abuse (SEA) and
behaviours constituting Sexual Harassment (SH)
* see next page
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
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

o Owned o Rented o Leased o 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
Personnel
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 will be
appointment: engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level Gantt
schedule for this chart]
position:
2. Title of position: [Site Engineer 1, Civil Engineer]
Name of candidate:
position:
3. Title of position: [Site Engineer 2, Mechanical Engineer]
Name of candidate:
position:
4. Title of position: [Site Engineer 3, Electrical Engineer]
Name of candidate:
position:
5. Title of position: [Civil Engineering Design Expert]
Name of candidate:
position:
6. Title of position: [Mechanical Engineering Design Expert]
Name of candidate:
position:
7. Title of position: [Electrical Engineering Design Expert]
Name of candidate:
position:
8. Title of position: [SCADA Specialist]
Name of candidate:
position:
9. 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
position:
Form PER-2:
Resume and Declaration
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 Name of employer

Address of employer:
Telephone: Contact (manager / personnel

officer):
Fax:
Job title: Years with present employer:
Summarize professional experience in reverse chronological order for the last_____

years8. Indicate particular technical and managerial experience relevant to the project.
8
As per given in the 3.5 Contractor's Representative and Key Personnel, Section III
Duration of
Project Role Relevant experience
involvement
[main project [role and responsibilities [describe the experience relevant
[time in role]
details] on the project] to this position]
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): ______________________________________________

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.
Form ELI -1.1
Bidder Information Form

Date: _________________
Bid 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 4.3.
 In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1.
 In case of Government-owned enterprise or institution, in accordance with ITB 4.5
documents establishing:
 Legal and financial autonomy
 Operation under commercial law
 Establishing that the Bidder is not dependent agency of the Employer
2. Included are the organizational chart, a list of Board of Directors, and the beneficial
ownership.
Form ELI -1.2
Bidder's JV Information Form

(to be completed for each member of Bidder’s JV)
Date: _______________
Bid No. and title: __________________
Page _______________ of ____________ pages
Bidder’s JV name:
JV member’s name:
JV member’s country of registration:
JV member’s year of constitution:
JV member’s legal address in country of constitution:
JV member’s authorized representative information

Name: ____________________________________
Address: __________________________________
Telephone/Fax numbers: _____________________
E-mail address: _____________________________
1. Attached are copies of original documents of
 Articles of Incorporation (or equivalent documents of constitution or association), and/or
registration documents of the legal entity named above, in accordance with ITB 4.3.
 In case of a Government-owned enterprise or institution, documents establishing legal and financial
autonomy, operation in accordance with commercial law, and absence of dependent status, in
accordance with ITB 4.5.
2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
Form CON – 2
Historical Contract Non-Performance, Pending Litigation

and Litigation History
Bidder’s Name: ________________
Date: ______________________
JV Member’s Name_________________________
Bid No. and title: ___________________________
Page _______________of ______________pages
Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria
 Contract non-performance did not occur since 1st January 2017 specified in Section III,
Evaluation and Qualification Criteria, Sub-Factor 2.1.
 Contract(s) not performed since 1st January 2017 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 BAM
equivalent)
[insert [insert amount Contract Identification: [indicate complete contract [insert amount]
year] and percentage] name/ number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for non-performance: [indicate main
reason(s)]
Pending Litigation, in accordance with Section III, Qualification Criteria and Requirements
 No pending litigation in accordance with Section III, Qualification Criteria and Requirements,
Sub-Factor 2.3.
 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-
Factor 2.3 as indicated below.
Year of Amount in Contract Identification Total

dispute dispute Contract
(currency) Amount
(currency),
BAM
Equivalent
(exchange
rate)
Contract Identification: _________
Name of Employer: ____________
Address of Employer: __________
Matter in dispute: ______________
Party who initiated the dispute: ____
Status of dispute: ___________
 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.
Year of Outcome as Contract Identification Total
award percentage of Net Contract
Worth Amount
(currency),
BAM
Equivalent
(exchange
rate)
Contract Identification:
Name of Employer:
Address of Employer:
Matter in dispute:
Party who initiated the dispute:
Status of dispute:
Form FIN – 3.1:

Financial Situation and Performance
Bidder’s Name: ________________
Date: ______________________
JV Member’s Name_________________________
Bid No. and title: ___________________________
Page _______________of ______________pages
1. Financial data
Type of Financial information Historic information for previous three (3) years,
in 2017, 2018 and 2019
(BAM) (amount in currency, currency, exchange rate*, BAM
equivalent)
Year 1 Year 2 Year 3
Statement of Financial Position (Information from Balance Sheet)
Total Assets (TA)

Total Liabilities (TL)
Total Equity/Net Worth (NW)
Current Assets (CA)
Current Liabilities (CL)
Working Capital (WC)
Information from Income Statement
Total Revenue (TR)

Profits Before Taxes (PBT)
Cash Flow Information
Cash Flow from Operating Activities

*Refer to ITB 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 commitments9.
No. Source of finance Amount (BAM equivalent)
2. Financial documents
The Bidder and its parties shall provide copies of financial statements for three (3) 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 statements10 for the ____________years required above; and
complying with the requirements
9
Do not include future contract commitments under this contract
10
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.
Form FIN – 3.2:

Average Annual Construction Turnover
Bidder’s Name: ________________
Date: ______________________
JV Member’s Name_________________________
Bid No. and title: ___________________________
Page _______________of ______________pages
Annual turnover data (construction only)

Year Amount Exchange rate BAM equivalent
Currency
[indicate [insert amount and indicate
year] currency]
Average
Annual
Construction
Turnover *
* See Section III, Evaluation and Qualification Criteria, Sub-Factor 3.2.

Form FIN – 3.3:

Financial Resources
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of
credit, and other financial means, net of current commitments, available to meet the total
construction cash flow demands of the subject contract or contracts as specified in Section III
(Evaluation and Qualification Criteria)11
Financial Resources
No. Source of financing Amount (BAM equivalent)
11
Financial resources (to be) available only for this contract
Form FIN – 3.4:
Current Contract Commitments / Works in Progress

Bidders and each member to a JV should provide information on their current commitments 12
on all contracts that have been awarded, or for which a letter of intent or acceptance has been
received, or for contracts approaching completion, but for which an unqualified, full
completion certificate has yet to be issued.
Current Contract Commitments

Value of
Average Monthly
Employer’s Outstanding Estimated
Invoicing Over Last
No. Name of Contract Contact Address, Tel, Work Completion
Six Months
Fax [Current BAM Date
[BAM/month)]
Equivalent]
1
12
Do not include this contract
Form EXP - 4.1
General Construction Experience
Bidder’s Name: ________________

Date: ______________________
JV Member’s Name_________________________
Bid No. and title: ___________________________
Page _______________of ______________pages
Starting Ending Contract Identification Role of

Year Year Bidder
Contract name: ____________________

Brief Description of the Works performed by the
Bidder: _____________________________
Amount of contract: ___________________
Name of Employer: ____________________
Address: _____________________________
Contract name: _________________________
Bidder: _____________________________
Name of Employer: ___________________
Address: _________________________
Contract name: ________________________
Bidder: __________________________
Name of Employer: ___________________
Address: _________________________
Form EXP - 4.2(a)
Specific Construction and Contract Management

Experience
Bidder’s Name: ________________
Date: ______________________
JV Member’s Name_________________________
Bid No. and title: ___________________________
Page _______________of ______________pages
Information
Similar Contract No.
Contract Identification
Award date
Completion date
Role in Contract General Member in
Sub-contractor Other
Contractor JV
 
 
Total Contract Amount (BAM)
If member in a JV or sub-contractor,
specify participation in total
Contract amount (%)
Employer's Name:
Address:
Telephone/fax number
E-mail:
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
Form of Bid Security

(Demand Guarantee)
__________________________
Beneficiary: __________________________ (name and address of the Employer)
Invitation for Bids No: ________________________________________
Date: __________________________
BID GUARANTEE No.: __________________________
Guarantor: ________________________________________________
We have been informed that __________________________ (hereinafter called "the

Applicant") has submitted or will submit to the Beneficiary its bid (hereinafter called "the
Bid") for the execution of ________________ (name of the Contract) under Invitation for
Bids No. ___________ (“the IFB”).
Furthermore, we understand that, according to the Beneficiary’s conditions, bids must be

supported by a bid guarantee.
At the request of the Applicant, we, _______________ (name of the Bank) as Guarantor,
hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total
an amount of ___________ (amount in figures) ____________ (amount in words) upon
receipt by us of the Beneficiary's complying demand, supported by the Beneficiary’s
statement, whether in the demand itself or a separate signed document accompanying or
identifying the demand, stating that either the Applicant:
(a) has withdrawn its Bid prior to the Bid validity expiry date set forth in the
Applicant’s Letter of Bid, or any extended date provided by the Applicant; or
(b) having been notified of the acceptance of its Bid by the Beneficiary prior to the expiry
date of the Bid Validity or any extension thereto provided by the Applicant, (i) has
failed to execute the contract agreement, or (ii) has failed to furnish the performance
security in accordance with the Instructions to Bidders (“ITB”) of the Beneficiary’s
bidding document.
This guarantee will expire: (a) if the Applicant is the successful bidder, upon our receipt of
copies of the contract agreement signed by the Applicant and the performance security issued
to the Beneficiary in relation to such contract agreement; or (b) if the Applicant is not the
successful bidder, upon the earlier of (i) our receipt of a copy of the Beneficiary’s
notification to the Applicant of the results of the bidding process; or (ii) twenty-eight days
after the expiry date of the Bid Validity.
Consequently, any demand for payment under this guarantee must be received by us at the
office indicated above on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758.
_____________________________
[signature(s)]
Section V. Eligible Countries 106
Section V. Eligible Countries
Eligibility for the Provision of Goods, Works and Non Consulting Services in
Bank-Financed Procurement
In reference to ITB 4.7 and 5.1, for the information of the Bidders, at the present time firms, goods and services
from the following countries are excluded from this bidding process:
Under ITB 4.7(a) and 5.1: None

Under ITB 4.7(b) and 5.1: None
Section VI. Covenant of Integrity 107
Section VI. Covenant of Integrity
“We declare and covenant that neither we nor anyone, including any of our directors,
employees, agents, joint venture partners or sub-contractors, where these exist, acting on our
behalf with due authority or with our knowledge or consent, or facilitated by us, has engaged,
or will engage, in any Prohibited Conduct (as defined below) in connection with the bidding
process or in the execution or supply of any works, for Procurement of Construction of
Flood Protection Measures – Rehabilitation of Storm Water Pumping Stations in
Republika Srpska (the “Contract”) and covenant to so inform you if any instance of any
such Prohibited Conduct shall come to the attention of any person in our organization having
responsibility for ensuring compliance with this Covenant.
We shall, for the duration of the bid process and, if we are successful in our bid, for the
duration of the Contract, appoint and maintain in office an officer, who shall be a person
reasonably satisfactory to you and to whom you shall have full and immediate access, having
the duty, and the necessary powers, to ensure compliance with this Covenant.
If (i) we have been, or any such director, employee, agent or joint venture partner, where this
exists, acting as aforesaid has been, convicted in any court of any offence involving a
Prohibited Conduct in connection with any bidding process or provision of works, goods or
services during the five years immediately preceding the date of this Covenant, or (ii) any
such director, employee, agent or a representative of a joint venture partner, where this exists,
has been dismissed or has resigned from any employment on the grounds of being implicated
in any Prohibited Conduct, or (iii) we have been, or any of our directors, employees, agents
or joint venture partners, where these exist, acting as aforesaid has been excluded by the EU
Institutions or any major Multi-lateral Development Bank (including World Bank Group,
African Development Bank, Asian Development Bank, European Bank for Reconstruction
and Development, European Investment Bank or Inter-American Development Bank) from
participation in a bidding procedure on the grounds of Prohibited Conduct, we give details of
that conviction, dismissal or resignation, or exclusion below, together with details of the
measures that we have taken, or shall take, to ensure that neither this company nor any of our
directors, employees or agents commits any Prohibited Conduct in connection with the
Contract.
In the event that we are awarded the Contract, we grant the Project Owner, the European
Investment Bank (EIB) and auditors appointed by either of them, as well as any authority or
European Union institution or body having competence under European Union law, the right
of inspection of our records and those of all our sub-contractors under the Contract. We
accept to preserve these records generally in accordance with applicable law but in any case
for at least six years from the date of substantial performance of the Contract.”
For the purpose of this Covenant, Prohibited Conduct includes13,
13
Most definitions are those of the IFI Anti-Corruption Task Force’s Uniform Framework of September 2006.
European Investment Bank Guide to Procurement
• Corrupt Practice is the offering, giving, receiving or soliciting, directly or indirectly,
anything of value to influence improperly the actions of another party.
• Fraudulent Practice is any act or omission, including a misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial
or other benefit or to avoid an obligation.
• Coercive Practice is impairing or harming, or threatening to impair or harm, directly
or indirectly, any party or the property of any party to influence improperly the
actions of a party.
• Collusive Practice is an arrangement between two or more parties designed to
achieve an improper purpose, including influencing improperly the actions of another
party
• Obstructive Practice is (a) deliberately destroying, falsifying, altering or concealing
of evidence material to the investigation; 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 EIB’s contractual rights of audit or access to information
or the rights that any banking, regulatory or examining authority or other equivalent
body of the European Union or of its Member States may have in accordance with
any law, regulation or treaty or pursuant to any agreement into which the EIB has
entered in order to implement such law, regulation or treaty;
• Money Laundering is defined in the Bank’s Anti-Fraud Policy
• Terrorist Financing is defined in the Bank’s Anti-Fraud Policy
• Project Owner means the person designated as such in the bid documents or the
Contract.
Name
Signature
Part 2 – Works Requirements
PART 2 –Works Requirements
Section VII. Works Requirements
Contents
2-1 Scope of Services – Employers Requirements

2-2 Specification / Technical Specification
2-3 Environmental and Social (ES) requirements
2-4 Drawings and Design Details
Part 2 – Works Requirements
Scope of Works – Employers Requirements
Please refer to the document, attached :
Appendix:
PART 2 – Works Requirements
1 – Employers Requirements
Specification/Technical Specifications
Appendix:
2 – Technical Specification
Environmental and Social (ES) requirements

[The Employer’s team preparing the ES requirements should include a suitably qualified
Environmental and Social specialist/s.
The Employer should attach or refer to the Employer’s environmental and social policies
that will apply to the project. If these are not available, the Employer should use the
following guidance in drafting an appropriate policy for the Works.
SUGGESTED CONTENT FOR AN ENVIRONMENTAL AND SOCIAL POLICY
(STATEMENT)
The Works’ policy goal, as a minimum, should be stated to integrate environmental
protection, occupational and community health and safety, gender, equality, child
protection, vulnerable people (including those with disabilities), Sexual Harassment (SH),
gender-based violence, Sexual Exploitation and Abuse (SEA), HIV/AIDS awareness and
prevention and wide stakeholder engagement in the planning processes, programs, and
activities of the parties involved in the execution of the Works. The Employer is advised to
consult with the World Bank to agree the issues to be included which may also address:
climate adaptation, land acquisition and resettlement, indigenous people, etc. The policy
should set the frame for monitoring, continuously improving processes and activities and for
reporting on the compliance with the policy.
The policy shall include a statement that, for the purpose of the policy and/or code of
conduct, the term “child” / “children” means any person(s) under the age of 18 years.
The policy should, as far as possible, be brief but specific and explicit, and measurable, to
enable reporting of compliance with the policy in accordance with the Particular
Conditions- Special Provisions- Sub-Clause 4.20.
As a minimum, the policy is set out to the commitments to:
1. apply good international industry practice to protect and conserve the natural
environment and to minimize unavoidable impacts;
2. provide and maintain a healthy and safe work environment and safe systems of
work;
3. protect the health and safety of local communities and users, with particular
concern for those who are disabled, elderly, or otherwise vulnerable;
4. be intolerant of, and enforce disciplinary measures for illegal activities. To be
intolerant of, and enforce disciplinary measures for gender-based violence,
inhumane treatment, sexual exploitation, rape, sexual abuse, sexual activity with
children, and sexual harassment;
5. 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;
6. work co-operatively, including with end users of the Works, relevant authorities,
contractors and local communities;
7. engage with and listen to affected persons and organizations and be responsive to
their concerns, with special regard for vulnerable, disabled, and elderly people;
8. provide an environment that fosters the exchange of information, views, and ideas
that is free of any fear of retaliation, and protects whistle-blowers;
9. minimize the risk of communicable diseases and to mitigate the effects of
communicable diseases associated with the execution of the Works.
The policy should be signed by the senior manager of the Employer. This is to signal the
intent that it will be applied rigorously.
MINIMUM CONTENT OF ES REQUIREMENTS
In preparing detailed specifications for ES requirements, the specialists should refer to and
consider:
 project reports e.g. ESIA/ESMP
 consent/permit conditions
 required standards including World Bank Group EHS Guidelines
 relevant international conventions or treaties etc., national legal and/or regulatory
requirements and standards (where these represent higher standards than the WBG
EHS Guidelines)
 relevant international standards e.g. WHO Guidelines for Safe Use of Pesticides
 relevant sector standards e.g. EU Council Directive 91/271/EEC Concerning Urban
Waste Water Treatment
 grievance redress mechanism including types of grievances to be recorded and how
to protect confidentiality e.g. of those reporting allegations of SEA.
 SEA prevention and management.
The detail specification for ES should, to the extent possible, describe the intended
outcome rather than the method of working.
The ES requirements should be prepared in manner that does not conflict with the
relevant General Conditions of Contract (and the corresponding Particular Conditions if
any) and other parts of the specifications.
PAYMENT FOR ES REQUIREMENTS
The Employer’s ES and procurement specialists should consider how the Contractor will
cost the delivery of the ES requirements. In the majority of cases, the payment for the
delivery of ES requirements shall be a subsidiary obligation of the Contractor covered under
the prices quoted for other Bill of Quantity items. For example, normally the cost of
implementing work place safe systems of work, including the measures necessary for
ensuring traffic and road safety, shall be covered by the Bidder’s rates for the relevant
works. Alternatively, provisional sums could be set aside for discrete activities for example
for HIV counselling service, and, SEA and SH awareness and sensitization or to encourage
the contractor to deliver additional ES outcomes beyond the requirement of the Contract.

[Note: Insert in the following table, the minimum key specialists required to execute the
contract, taking into account the nature, scope, complexity and risks of the contract.]
[Where a Project SEA risks are assessed to be substantial or high, the Employer shall
include a Sexual Exploitation, Abuse and Harassment expert(s).]
Item Minimum years of
Relevant academic
No. Position/specialization relevant work
qualifications
experience
1 Contractor’s Representative
2 [Environmental] [e.g. degree in relevant [e.g. [years] working on
environmental subject] road contracts in similar
work environments]
3 [Health and Safety]
4 [Social]
5 Sexual Exploitation, Abuse [e.g. 5 years of
and Harassment monitoring and
managing risks related
[Where a Project SEA risks to gender-based
are assessed to be substantial violence, out of which 3
or high, Key Personnel shall years of relevant
include an expert(s) with experience in addressing
relevant experience in issues related to sexual
addressing sexual exploitation, sexual
exploitation, sexual abuse and abuse and sexual
sexual harassment cases] harassment]
6 modify as appropriate
Drawings and Design Details
Appendix:
4 – Drawings and Design Details
PART 3 – Conditions of Contract and

Contract Forms
Section VIII. General Conditions (GC)
Yellow Book:
© FIDIC 1999. All rights reserved.
The Conditions of Contract are the “General Conditions” which form part of the “Conditions of Contract
for Plant and Design-Build (“Yellow book”) First edition 1999” published by the Federation
Internationale Des Ingenieurs – Conseils (FIDIC) and the following “Particular Conditions” which
comprise of the Bank’s COPA and the amendments and additions to such General Conditions.
An original copy of the above FIDIC publication i.e. “Conditions of Contract for Plant and Design-Build”
must be obtained from FIDIC.
International Federation of Consulting Engineers (FIDIC)
FIDIC Bookshop – Box- 311 – CH – 1215 Geneva 15 Switzerland
Fax: +41 22 799 49 054
Telephone: +41 22 799 49 01
E-mail: fidic@fidic.org
www.fidic.org
FIDIC code: ISBN 2-88432-023-7

Part 3 – Conditions of Contract and Contract forms
Section IX. Particular Conditions 120
Section IX. Particular Conditions (PC)
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 121
Contract Data – Data Sheet

Sub-Clauses are referred to the General Condition of the Contract
Conditions Sub-Clause Data

Name of Contract Construction of Flood Protection Measures
– Rehabilitation of the Storm Water
Pumping Stations
Emergency Flood Relief and Prevention – A
(EIB No: 2010 – 0479)
Identification No. EIB 2010 – 0479 / TG30

Employer’s name and address 1.1.2.2 & Javna Ustanova “Vode Srpske”
1.3 Miloša Obilića 51, Bijeljina 76300
Republika Srpska / Bosnia and Herzegovina
Contractor 1.1.2.3 & Insert name
1.3
Engineer’s name and address 1.1.2.4 & JV Eptisa Servicios de Ingeniera S.L.
1.3 (Lead), Zavod za Vodoprivred d.o.o. +
Witteveen + Bos Consulting Engineers
Home office:
Dubljanaska 8, 11000 Belgrade, Republic
of Serbia
Project office:
Dusana Baranjina 1,
76300 Bijeljina, Republic of Srpska
Bosnia and Herzegovina
Contractor’s representative 1.1.2.5 Insert name
DAB 1.1.2.9 DAB – Dispute Adjudication Board
DAA – Dispute Adjudication Agreement
Bank’s name 1.1.2.11 European Investment Bank, Luxembourg
Borrower’s name 1.1.2.12 Bosnia and Herzegovina (BiH) represented
by the Ministry of Finance and Treasury and
the Republika Srpska represented by the
Ministry of Finance of Republika Srpska
Time for Completion 1.1.3.3 ____ days starting from the Commencement
Date, but not later that 30.11.2021
Section X. Contract forms 122

Defects Notification Period 1.1.3.7 365 days
Foreign Currency 1.1.4.6 European Euro (EUR)
Local Currency 1.1.4.8 Convertible Mark (BAM) currency of BiH
Sections 1.1.5.6 There will be 8 Work Sections in the
Contract as follows:
1.Rehabilitation works on Glavinac 1

Pumping Station, City of Kozarska Dubica
2.Rehabilitation works on Glavinac 2
3.Rehabilitation works on Bajinci Pumping
Station, City of Srbac (civil, mechanical
4.Rehabilitation works on Matura Pumping
Station, City of Gradiška (civil, mechanical
5.Rehabilitation works on Orahova
6.Rehabilitation works on Kej Pumping
Station, City of Gradiška (changing pump
aggregate),
7.Rehabilitation works on Guard house
‘Subotiste’, City of Bijeljina (civil and
electrical works),
8.Rehabilitation works on Ivanjsko polje 1

Pumping Station, City of Brod (civil
works),
Rehabilitation works on Ivanjsko polje 2
Pumping Station, City of Brod (civil
works),
Rehabilitation works on Topolovac 1
Pumping Station, City of Bijeljina (civil
works),
Rehabilitation works on Topolovac 2
works),
Rehabilitation works on Domuz skela

works),
Rehabilitation works on Begov put
works),
Rehabilitation works on Liman Pumping
Station, City of Grdiška (civil works),
Rehabilitation works on Ina Pumping
Station, City of Srbac (civil works),
Country, Entity 1.1.6.2 Country means Bosnia and Herzegovina and
Entity means the Republika Srpska
Electronic transmission 1.3 Employer’s e-mail address and phone
systems and addresses for number:
communications insert
Engineer’s e-mail address and phone
number:
insert
insert
Contractor’s e-mail address and phone
number:
insert
Governing Law 1.4 Law of Bosnia and Herzegovina and/or
Republika Srpska
Ruling language 1.4 English
Language for communications 1.4 English and Serbian language. If
discrepancy found, prevailing language shall
be English
Time for access to the Site 2.1 14 days after the Commencement Date
Performance Security 4.2 The performance security will be in the
form as set in Section X. Contract Forms
of a first demand unconditional guarantee
in the amount(s) of 10% (percent) of the
Accepted Contract Amount and in the
same currency of the Accepted Contract
Amount.
Environmental and Social (ES)
Performance Security is not required.

Period for notification of 5.1 56 days after Commencement Date
errors, faults and defects in
the items of reference,
including Employer’s
Requirements
Sub-Contractors 4.4 Maximum which can be sub-contracted:
30% of the Contract Price
Normal working hours 6.5 According to the Labour Law of Republika
Srpska/Bosnia-Herzegovina
Delay damages for the Works 8.7 & 0.05 % of the Accepted Contract Amount,
14.15(b) less provisional sum for DAB/DAAB.
Maximum amount of delay 8.7 10 % of the Accepted Contract Amount, less
damages provisional sum for DAB/DAAB.
Percentage rate for 13.5.(b)(ii) Not applicable
adjustment of Provisional
Sum
Adjustments for Changes in 13.8 Not applicable
Cost
Advance payment 14.2 15% of the Accepted Contract Amount,
less provisional sum for DAB/DAAB and
Provisional Sum for Contingency
Allowance
Number and timing of 14.2 The Advance payment shall be transferred
instalments within 21 days after the Employer receives
relevant Guaranties in accordance with the
provisions of the Sub-Clause 14.2 and in
accordance with the Sub-Clause 4.2 of the
General Conditions of the Contract and
Particular Conditions of the Contract.
Currencies and proportions 14.2 The Advance payment shall be paid in the
currency in which the Contract Price is
payable, in proportions in which the
Accepted Contract Amount is payable to
the Contractor, according to Sub-clause
14.15.

Deductions 14.2 (a) Deductions shall commence when the
amount of payments reach 15% of the
Accepted Contract Amount, less
Provisional Sums has been certified for the
Payment.
Amortisation rate for 14.2(b) 15%
deductions
Percentage of Retention and 14.3(c) Not applicable
Limit of Retention Money
Schedule of Payment 14.4 The Contract does not include Schedule of
Payment.
Plant, Equipment and 14.5 (c)
Materials, intended for the
Works, for payment when
[insert list with 80% of the listed price in
delivered to the Site after the
the referred Bill].
Engineer receives positive
Factory Acceptance Test
(FAT)
Minimum Amount of Interim 14.6 2.5% of the Accepted Contract Amount,
Payment Certificates less Provisional sum for DAB and
Provisional Sum for Contingency
Allowance
Publishing source of 14.8 Law on Penalty Interest Rate of the
commercial interest rates for Republika Srpska
financial charges in case of
delayed payment
The Contract shall be bid solely in BAM.
The currency of payment for foreign
bidders will be European EURO (EUR),
Currency/currencies of further referred to as “the foreign currency”
14.15
payment and for the local bidders will be
Convertible Mark (BAM) further referred
to as “the local” currency.
Where the Contract allows for 5% Profit on the top of the Cost.
Cost Plus Profit, percentage
The Cost in this case includes all overheads
profit to be added to the Cost
(Site office, Home office, Branch office
and else).

Periods for submission of 18.1
insurance:
a. evidence of insurance 14 days prior to the Commencement of
work at the Site
b. relevant policies 21 days after the Commencement Date
Insuring party 18.2 The Contractor
Maximum amount of 18.2(d) 25,000.00 Euro.
deductibles for insurance of
the Employer's risks
Insuring party 18.3 The Contractor
Minimum amount of third 18.3 250,000.00 Euro per accident with the
party insurance number of occurrences unlimited
Amount of Insurance for
18.5 10% of the Contract Price
Design professional liability
Number of members of the 20.2 One sole Member / Adjudicator
Dispute Adjudication Board
(DAB)
List of proposed members of 20.2 Proposed by Employer [Attach CVs to the
DAB bidding document and the Contract]
1._____________________
2.______________________
3.______________________
Proposed by Contractor [Attach CVs to the
Contract]
1.________________________
2._________________________
3._________________________
If Contractor or Employer does not propose

separate list, ACES PRO list is deemed to
have been proposed.
http://www.aces.rs/en/aces-pro/

Appointing entity (if Parties 20.3 The President of ACES, MA in FIDIC, or a
fail to agree upon the person appointed by the President of
appointment) ACES.
Note: ACES - Association of Consulting
Engineers of Serbia, Zahumska 26, 11050
Belgrade Republic of Serbia
http://www.aces.rs
UNCITRAL Arbitration Rules as at present
Arbitration rules 20.6 in force.
Language of arbitration 20.6 English

Number of arbitrators 1 (sole)
Place of arbitration and
hearings
20.6 Vienna, Austria
if the contract is with foreign
contractors
Place of arbitration and
hearings Banja Luka, Republika Srpska, Bosnia and
20.6
if the contract is with domestic Herzegovina
contractors
PART A - Particular Conditions
1 General Provisions
1.1 Definitions
1.1.1 The Contract
1.1.1.3 The following sentence to be added at the end:
The term ‘Notification of Award’ is synonymous with the term ‘Letter of

Acceptance’.
Prior issuing ‘Notification of Award’ or ‘Letter of Acceptance’, The Contractor

shall receive ‘Letter of Intent’.
Employer’s requirements are included in the Contract under the PART 2 - Works
Requirements.
The term ‘Tender’ is synonymous with the term ‘Bid’, the term ‘Tender
Documents’ is synonymous with the term ‘Bidding Documents’ the term
‘Tenderer’ is synonymous with the term ‘Bidder’ and the term ‘Tendering
Procedure’ is synonymous with the term ‘Bidding Procedure’.

The term ‘Appendix to Tender’ is synonymous with the term ‘Contract Data’.
Add the following new definitions 1.1.1.11, 1.1.1.12, and 1.1.1.13:
1.1.1.11 “Project” means the Emergency Flood Relief and Prevention – A

(EIB No: 2010 – 0479)
1.1.1.12 “Finance Contract” means the Finance Contract signed between the
Bank, Bosnia and Herzegovina and Republika Srpska in Luxembourg on
13 October 2011 and in Sarajevo on 27 October 2011, for financing
Emergency Flood Relief and Prevention-A Project.
1.1.1.13 “Loan” means funds provided by the Bank according to the Finance
Contract.
1.1.2 Parties and Persons
1.1.2.2 Add the following to the end of definition:
Employer means “JU Vode Srpske” as defined in Contract Data.
Add the following new definitions: 1.1.2.11, 1.1.2.12, 1.1.2.13, 1.1.2.14, and
1.1.2.15:
1.1.2.11 “Bank” means the financial institution named in the Contract Data.
1.1.2.12 “Borrower” means the institution named as the borrower in the

Contract Data
1.1.2.13 “Beneficiary” means a definite user of the Works.
1.1.2.14 Project Management Unit (PMU) means the Management Committee

of the Project, established with the provisions of the loan agreement
1.1.2.15 Promoter means the Ministry of Agriculture, Forestry and Water

Management in Republika Srpska.
1.1.3 Dates, Tests, Periods and Completion
1.1.3.9 The following text shall be added at the end of this Sub-Clause:
“Week” means a calendar week;
“Month” means a calendar month.
1.1.4 Money and Payments
The Sub-Clause shall be deleted and replaced by the following:
1.1.4.3 "Cost" means all expenditure reasonably incurred (or to be incurred) by the
Contractor in connection with performing the Works (including the Design of the
Works), whether on or off the Site, including overhead and similar charges, but does
not include profit or gain.
1.1.4.6 “Foreign Currency” means EURO; other foreign currencies shall not apply.
1.1.4.8 “Local Currency” means BAM, local currency in Bosnia-Herzegovina and

Republika Srpska
1.1.6 Other Definitions

The following text shall be added:
1.1.6.1 "Contractor's Documents" shall also comprise of all necessary technical and
legal documentation to be submitted by the Contractor under the Contract according
to the contents and terms specified in the Employers' Requirements, and contents and
description under sub-clause 5.2 (Contractor's Documents) and required by the Laws.
1.1.6.2 Add at the end of Sub-clause
“Entity” means the Republic of Srpska.
Add the new Sub-Clause 1.1.6.10 as follows:
1.1.6.10 “Notice of Dissatisfaction” means the notice given by either Party to the
other under Sub-Clause 20.4 indicating its dissatisfaction and intention to
commence arbitration.
Add the new Sub-Clause 1.1.6.11 as follows:
1.1.6.11 “Technical specifications” and/or “Specification” are included as a part of

the Contract under the PART 2 - Works Requirements
1.3 Communications
Wherever these Conditions provide for the giving or issuing of approvals, certificates,
consents, determinations, notices, requests and discharges, these communications
shall be:
a) in writing and delivered by hand (against receipt), sent by mail or courier

or transmitted using facsimile or electronic mail; and
b) delivered, sent or transmitted to the address for the recipient’s
communications as stated in the Contract Data.
However:
i. if the recipient gives notice of change of address, communications
shall thereafter be delivered accordingly; and
ii. if the recipient has not stated otherwise when requesting an approval
or consent, it may be sent to the address from which the request was
issued.
Approvals, certificates, consents and determinations shall not be unreasonably

withheld or delayed. When a certificate is issued to a Party, the certifier shall send a
copy to the other Party. When a notice is issued to a Party, by the other Party or the
Engineer, a copy shall be sent to the Engineer or the other Party, as the case may be.
1.4 Law and Language
Add at the end of this Sub Clause:
The applicable law for the implementation of the Project which is the subject of this
Contract shall be substantive and procedural Law of the Republic Srpska.
Employer’s and Contractor’s documents required with reference to building

documentation, licenses and permits under regulations of the Republika Srpska and
Bosnia-Herzegovina, as applicable, shall be made in Serbian Language, but for the
sake of the Contract they shall be translated into English when required by the
Engineer.
All communications during the implementation of the Contract shall be in writing

bilingual in Serbian and English languages, with the English version prevailing in
case of discrepancies or disputes.
1.5 Priority of Documents
The documents forming the Contract are to be taken as mutually explanatory of one
another. For the purpose of interpretation, the priority of the documents shall be in
accordance with the following sequence:
(a) The Contract Agreement;

(b) The Letter of Acceptance;
(c) The Letter of Bid/Tender;
(d) Modifications (Addenda) to the Bidding Documents, if any;
(e) Particular Conditions - Contract Data/Data Sheet;
(f) Particular Conditions (PART 3, Part A);
(g) Particular Conditions - Special Provisions – (PART 3, Part B)
(h) General Conditions – “Conditions of Contract for Plant and Design-Build
(“Yellow book”) First edition 1999”;
(i) The Employer’s Requirements - PART 2 – Works Requirements;
(j) Technical Specification and/or Specifications - PART 2 – Works
Requirements;
(k) Drawings and design details - PART 2 – Works Requirements;
(l) Supplementary Information, if any
(m)The completed Schedules and their Preamble which shall include the
completed forms in Part 1 - Section IV. Bidding forms, including, but not
limited to:
i. the ES Management Strategies and Implementation Plans; and

ii. Code of Conduct for Contractor’s Personnel.
(n) The Contractor’s proposal;
(o) The JV Undertaking (if the Contractor is a JV); and
(p) Any other documents forming part of the Contract.
If an ambiguity or discrepancy is found in the documents, the Engineer shall issue

any necessary clarification or instruction. Items within addend to the contract shall be
in the priority of the document they are modifying.
1.6 Contract Agreement
Delete the Sub-Clause and substitute:
Prior to the notification of Contract award in a form of ‘Notification of Award’ or

‘Letter of Acceptance’, the Contractor shall receive notice in a form of the ‘Letter of
Intent’. Time between two notices shall be reasonable time period as indicated in the
local and international procedures.
The ‘Letter of Intent’ does not substitute the ‘Notification of Award’ or ‘Letter of
Acceptance’ and cannot be interpreted as the commencement of the Contract. It is
also not intended to be, and shall not constitute in any way a binding or legal
agreement, or impose any legal obligation or duty on any of the Contract Party.
The Parties shall enter into a Contract Agreement within 28 days after the Contractor
receives the ‘Notification of Award’ or ‘Letter of Acceptance’, unless they agree
otherwise. The Contract Agreement shall be based upon the form included in the
Bidding Documents. The costs of stamp duties and similar charges (if any) imposed
by Laws in connection with entry into the Contract Agreement shall be borne by the
Employer.
1.8 Care and Supply of Documents
The following text shall be added at the end of the third paragraph:
All documents relating to the Works or variations thereof, either in the original or a
copy shall be available for inspection by competent authorities and personnel legally
authorized by the Employer to carry out inspections and supervision.
1.12 Confidential Details
The following paragraph shall be added at the end of the Sub-Clause:

The Contractor shall treat the details of the Contract as private and confidential and
shall not publish or disclose the same or any particulars thereof in any trade or
technical paper or in communication with representatives of any media or elsewhere
without the previous consent in writing of the Employer. If any dispute arises as to
the necessity of any publication or disclosure for the purpose of the Contract the same
shall be referred to the decision of the Employer whose decision shall be final.
1.13 Compliance with Laws

The first sentence of the Sub-Clause shall be deleted and replaced by the following:
The Contractor shall, in performing the Contract, comply with applicable Laws of the
Republika Srpska/Bosnia-Herzegovina, as applicable. The Contractor shall prepare all
documentation necessary for permitting purposes and thereafter submit them to the
Employer, who shall apply for the permit(s).
2 The Employer
2.2 Permits, Licences or Approvals
Paragraphs 2.2.a and 2.2.b shall be replaced with the following text:
(a) copies of the Laws of the Country or Entity which are relevant to the Contract
but are not readily available, and
(b) any permits, licences or approvals required by the Laws of the Country or
Entity:
i. which the Contractor is required to obtain under Sub-Clause 1.13

[Compliance with Laws],
ii. for the delivery of Goods, including clearance through customs, and
iii. for the export of Contractor’s Equipment when it is removed from the Site.
3 The Engineer
3.1 Engineer's Duties and Authority
The Engineer shall also provide the construction supervision services in accordance
with the Laws of the Republika Srpska /Bosnia -Herzegovina, as applicable.
The following paragraph shall be added:

(d) any act by the Engineer in response to a Contractor’s request except as

otherwise expressly specified shall be notified in writing to the Contractor
within 28 days of receipt.
The following provisions shall apply:

The Engineer shall obtain the specific approval of the Employer before taking action
under the-following Sub-Clauses of these Conditions:
A. Sub-Clause 3.5: agreeing or determining any matter, which will increase the
Contract Price;
B. Sub-Clause 4.4: giving consent to a Subcontractor for a subcontract for which
a different subcontractor is named in the Contract;
C. Sub-Clause 4.12: agreeing or determining an extension of time and/or
additional cost;
D. Sub-Clause 8.4: agreeing or determining an extension of the Time for
Completion;
E. Sub-Clauses 3.3 and 13.1: instructing a Variation, which is expected to
increase the Contract Price or in any substantial way change the scope,
character or quality of the Works.
F. Sub-clause 14.13 Application for Final Payment Certificate.
Notwithstanding the obligation, as set out above, to obtain approval, if, in the opinion
of the Engineer, an emergency occurs affecting the safety of life or of the Works or of
adjoining property, he may, without relieving the Contractor of any of his duties and
responsibilities 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 approval of the
Employer, with any such instruction of the Engineer. The Engineer, with the approval
of the Employer, shall determine an addition to the Contract Price, if necessary in
respect of such instruction, in accordance with Clause 13.3.
The Engineer is required to continuously monitor the Contractor's compliance with

the proposed and approved Safety Methodology, as mentioned in the approved
Health, Safety and Environmental (HSE) Plan and he shall ensure certification of
compliance. The Engineer's endorsement of any invoices and certificates will include
specific confirmation that compliance with the HSE Plan is achieved.
3.6 Add new Sub-Clause 3.6 "Management meetings" as follows:
The management meetings shall be at least once a month or on the request of the
Employer, the PMU, the Engineer or the Contractor’s Representative in order to
review the Contractor’s implementation arrangements and programming for the

Works. The Engineer, the PMU and the Contractor's Representative may invite others
to attend. The Engineer shall prepare minutes of the discussions held at management
meetings.
The Engineer shall supply copies of the minutes to those attending the meeting and to
the Employer and the PMU, to be commented latest in 7 days. In the minutes,
responsibilities for any actions to be taken shall be in accordance with the Contract.
These records shall not be construed as any agreement, approval, check, consent,
decision, determination, examination, instruction, notice, proposal or request by the
Engineer.
4 The Contractor
4.1 Contractor’s General Obligations
The following text shall be added at the end of the Sub-Clause:
The Contractor shall submit to the Employer all required Licenses for the execution
of the Works, for which the Construction permit is issued, not later than 14 days
before the Commencement Date. The Employer will provide assistance to the
Contractor in obtaining the required licenses and approvals in line with the
corresponding legal regulations.
The Contractor shall allow to the Employer’s representatives to inspect the Site and
the Works at all times.
The Contractor shall execute all the contracted services and Works in accordance
with the Law on Spatial Development and Construction of Structures and other
relevant laws and by-laws of the Country and Entity and technical documents, in all
subject to the effective technical regulations, standards and norms.
4.2 Performance Security
The second paragraph of the Sub-Clause shall be amended to read as follows:
The Contractor shall deliver the Performance Security to the Employer within 28 days
after receiving the Notification of Award or Letter of Acceptance, and shall send a
copy to the Engineer. The Performance Security shall be issued by a reputable Bank
selected by the Contractor and approved by the Employer, and shall be in the form
annexed to the Particular Conditions, as stipulated by the Employer in the Contract
Data, and valid until the Works are executed and completed and until the expiry of the
Defects Notification Period.
Add in the end of the sub-clause 4.2 the following paragraphs:

Whenever, the Engineer determines an addition to the Contract Price amounting to

more than ten (10%) percent of the accepted Contract Price Amount, the Contractor, at
the Engineer’s written request, shall promptly increase the value of the bank guarantee
by an equal percentage.
The bank guarantee of a joint venture or consortium shall specify the name of the joint
venture or consortium.
4.3 Contractor’s Representative
Add at the end of this Sub-Clause:
The Contractor’s Representative and all his key personnel shall hold certificates
which are appropriate for managing the works in accordance with the relevant Laws
and Regulations. The Contractor's Representative and his key personnel shall be
fluent in English and Serbian languages. If the Contractor’s Representative and his
delegates are not fluent in the said languages (English and Serbian) the Contractor
shall arrange for presence of authorized interpreters during all working hours.
If the Contractor’s Representative is not authorized to lead construction works in

accordance with legislation, the Contractor shall appoint a person with such
authorization to work with the Contractor’s Representative.
4.4 Subcontractors
Add after the first sentence:
Works to be subcontracted shall not exceed the maximum percentage stated in the Contract
Data. The approval by the Employer of the subcontracting of any part of the Contract or of
the Subcontractor to perform any part of the works, after consent of the Engineer, shall not
relieve the Contractor of any of his obligations under the contract
Add after ‘Subcontractors’ in paragraph (b):
unless value of the subcontract is less than five percent (5%) of the Accepted Contract
Amount,
4.8 Safety Procedures
The following sub-paragraphs shall be added at the end of the sub-clause:
(f) comply with all safety regulations and ‘Permit to Work’ systems in accordance
with the Law of the Entity or Country as case may be. Safety issues shall be on the
agenda of all site meetings and the risk minimization plans for any unsafe conditions
and working practices in the course of the forthcoming work shall be jointly agreed
between the Engineer and the Contractor’s Representative
(h) the Contractor shall comply with all applicable effective legislation, regulations
and specifications, with respect to all measures, operations and administrative steps
required for the full protection and safeguarding of the environment, and
(i) the Contractor will be responsible for the proper disposal of all solid and liquid
waste from all places within the Site and shall strictly adhere to the regulations of the
competent authorities.
4.9 Quality Assurance
The Quality Assurance scheme shall ensure that
(a) all materials and equipment delivered at the Site are compliant with the
recognized international standards for the material or equipment
(b) procedures for checking compliance and filing of compliance certificates are
included, and
(c) an electronic and paper filing system for storing all certificates with delivery dates
are included.
4.10 Site Data
Replace paragraph d) as follows:
(d) the Laws, procedures and labour practices of the Country and Entity, and
4.11 Sufficiency of the Accepted Contract Amount
Throughout the construction of the Works the Contractor shall provide and maintain
for the site staff appropriate offices, stores, catering facilities, sanitary and health and
safety facilities etc. All operating and maintenance expenses connected therewith
(lighting, heating, cooling, communications, water supply, sewage etc.) shall be borne
by the Contractor. The Contractor may require a land outside the Site for his offices,
stores, workshops, plants etc. The expenses and other costs resulting thereof shall be
at the expense of the Contractor.
Furthermore, the Accepted Contract Amount shall cover for all liabilities of the
Contractor, including costs related to a good-quality design, execution and
completion of all works, procurement and fitting of equipment and remedying of

eventual defects, whereby the functional correctness and completeness of Works is
ensured.
The Accepted Contract Amount shall also cover for provision of the offices,
equipment and vehicles (if any) to be used by the Engineer and Employer's
Representatives as defined in the Employer's Requirements.
4.12 Unforeseeable Physical Conditions
The second paragraph shall be replaced by the following:
If the Contractor encounters adverse physical conditions, which he considers to have

been unforeseeable, the Contractor shall give notice to the Engineer immediately after
having learned of these conditions.
4.15 Access Route
Add at the end of this Sub-Clause:
Road access suitable for the transport of all plant and Contractor’s Equipment
necessary for the execution of the Works shall be provided by the Contractor.
4.18 Protection of the Environment
Add at the end of this Sub clause:
The Contractor shall obtain the Engineer’s permission before carrying out any action
which may have negative impact on the environment such as cutting of trees, disposal
of waste and debris etc.
The Contractor shall comply with all current legislation and regulations and the
relevant specifications, during all stages of the Works, with respect to all measures,
operation and administrative steps which are required for the full protection and
safeguard of the environment. Also the Contractor shall be responsible for the proper
disposal of sewage, solid and construction wastes from all places within the site and
shall comply strictly with the regulations of the relevant authorities.
4.21 Progress Reports
The following text shall be added at the end of Sub-Clause:
(i) the actual and planned cash-flow data corresponding to the updated and baseline
planning.
The format of the reports is to be agreed with the Engineer.
In order to facilitate and enhance quality of the progress control, the Progress
Report(s) may refer to individual Sections of the Works, which are predefined as
unique functional and construction units.
The agreed scope of content of the Progress report as detailed hereunder, by means of
mutual agreement, shall include but shall not be limited to the following:
1. General
a. Site Organization;
b. Organizational Chart;
c. Subcontractors’ Chart.
2. Design Matters
a. Building Permit Status Report;
b. Final Design Status Report.
3. Progress of Works
a. Programme update;
b. Comparison of Actual and Planned Progress;
c. Photo Documentation.
4. Resources
a. Labour on Site;
b. Plant on Site – Equipment List.
5. Contractual matters
a. Instructions;
b. Variations;
c. Claims;
d. Payment Status.
6. Quality matters
a. Equipment;
b. Presentation of Materials, Status Report;
c. Non-Conformity Reports;
d. Method Statements Status Reports.
7. Health and Safety
a. Accidents on Site;
b. Inspection Reports.
8. Environmental protection
a. Accidents on Site;
b. Inspection Reports.
Two versions of the monthly progress reports shall be prepared, one in Serbian and
the other in English.
4.23 Contractor’s Operations on Site
At the end of the second paragraph, add the following paragraph:
If the Contractor fails to remove equipment, plant, materials or temporary works from
the Site within a period of 28 days after completion of the Works or a Works Section,
the Employer may remove them at the expense of the Contractor.
At the end of this Sub-clause, add the following:
No important operation of any kind, especially cutting through or closing existing

roads, water conduits, sewage pipes or public utilities will be carried out without the
written consent of the Engineer. The Contractor shall give notice to the Engineer at
least 14 days prior to the start of operations. The details and programme of the
operation should be defined by the notice and also the copies of the necessary
permits, if any, should be submitted with the notice.
4.24 Fossils
All fossils, coins, articles of value or antique, and structures and other remains or
items of geological or archaeological interest found on the Site shall be placed under
the care and authority of the relevant authority in the Entity.
4.25 Add new Sub-clause 4.25 Existing Services:
The Contractor shall acquaint himself with the position of all existing services such as
drains, telephone, electricity lines and poles, water pipes, gas pipes and the like,
before any excavation work or other works likely to affect the existing services are
commenced. The Contractor will be liable for all damage to roads, drainage ditches,
pipes, cables or services of any kind, that have been identified or has been made
aware about, caused by him or his Subcontractors in the implementation of the Works
and must make good any such damage at his own expense and to the complete
satisfaction of the Engineer within the Time for Completion.
The Contractor shall make all necessary arrangements with the relevant local
authorities and owners for the removal and reinstatement of all services as agreed
with or instructed by the Engineer. The Contractor shall pay the costs incurred from
these works.
4.26 Add new Sub-clause 4.26 Contractor’s Equipment to be in Operating Condition:
It is the Contractor’s responsibility to establish the type, capacity and quantity of all
Contractor’s Equipment inclusive all appliances and associated plant and labour for
execution and completion of the Works and the remedying of any defects therein. The
operational conditions for Contractor’s Equipment, Temporary Works, materials, etc.
shall be as follows:
(a) all Contractor’s Equipment, Temporary Works, materials etc., obtained or

furnished by the Contractor which is to be used by the Contractor on the Site, shall
be in satisfactory operating condition, adequate and suitable for the safe and
efficient performance of the Works. Such equipment shall be subject to inspection
and acceptance from time to time by the Engineer.
(b) any Contractor’s Equipment, Temporary Works, material etc. which is rejected by
the Engineer as not conforming with the foregoing shall be promptly removed by
the Contractor and replaced by the same acceptable to the Engineer without
additional costs to the Employer and without delaying the schedule for
performance of the Works.
(c) the Contractor shall be responsible for ensuring that all personnel employed by
him have the necessary licenses, qualifications or exemptions to operate the
equipment and shall bear all costs involved in maintaining such licenses,
qualifications and exemptions, required during the course of the Works.
4.27 Add new Sub-clause 4.27 Licenses:
The Contractor shall obtain at his own cost the construction licenses in the Country
and maintain such licenses until the expiry of the Defects Notification Period.
4.28 Add new Sub-clause 4.28 Site Documentation:
The Contractor shall provide and keep the Site documentation such as construction
log, building book, and inspection book and other documents, as well as Special
documentation such as test certificates and warranties of functionality for material,
equipment and installations all in accordance with the applicable law and legislation.
5 Design
5.2 Contractor’s Documents
In addition, an electronic version of any of these documents shall be provided to the

Engineer. Any approval or consent, or any review by the Engineer shall not relieve
the Contractor from any obligation or responsibility to obtain the approval of the
Contractor’s Documents by any authority or authorities in accordance with the
technical standards, building, construction and environmental laws and regulations as
may be applicable in accordance with the Law governing the Contract.
5.3 Contractor's Undertaking

Replace paragraph a) as follows:
(a) the Laws in the Country and Entity, and
5.4 Technical Standards and Regulations
Add the following paragraph at the end:
The Contractor’s final design shall be checked and approved according to the
applicable law and legislation.
5.6 As-Built Documents
The Contractor shall prepare, keep up to date and deliver to the Engineer, in
accordance with the Applicable Law a complete set of “as-built” records and drawings
of the Works as executed, showing the exact as built locations, size and details of the
Works as executed. These records and as built drawings shall be kept on the Site and
shall be used exclusively for the purposes of this sub-clause.
Prior to the commencement of the Test on Completion and prior to issue of any
Taking-Over Certificate, the Contractor shall supply in English and Serbian to the
Engineer six hard copies and digital copy each of the relevant as-built records and
drawings.
The Works shall not be considered to be completed for the purposes of taking-over
under Sub-Clause 10.1 [Taking Over of the Works and Sections] until the Engineer has
received these documents.
The Contractor shall supply all fabrication and working drawings, documents,
calculations, official permits and other documents necessary for the Take-Over by the
Employer according to the applicable law and legislation. Supply of these documents
shall be part of the Contractor’s duties. As-Built Documents shall be produced in 1
(one) digital copy and 4 (four) identical hard copies in English and Serbian.
5.7 Operation and Maintenance Manuals
Add the following paragraph at the end of the first paragraph:
Prior to the commencement of the Test on Completion, and prior to issue of Taking–
Over Certificate, Operation and Maintenance Manuals shall be supplied in the same
number of hard copies (3 + 3 copies) and digital copy in English and Serbian.
6 Staff and Labour
6.1 Engagement of Staff and Labour
The Contractor shall define mutual rights and responsibilities with the staff and
labour by means of the employment contracts in accordance with the Labour Law of
the Country.
The Contractor shall provide the required residence visas and work permits for the
foreign personnel and labour.
The Contractor is encouraged, to the extent practicable and reasonable, to employ

staff and labour from sources within the Entity.
6.2 Rates of Wages and Conditions of Labour
Where the Contractor is party to a collective agreement or is otherwise bound by it,

the Contractor shall comply with its terms and conditions.
Deductions from wages for disciplinary measures shall not be permitted nor shall any
deductions from wages not provided for by national law be permitted without the
expressed permission of the worker concerned. Deductions must never lead to an
employee receiving less than the applicable minimum wage.
All workers shall be provided with clearly understandable verbal and written
information about the conditions in respect of wages before they enter employment
and of the particulars of their wages for the pay period concerned each time that they
are paid. Wages shall be paid in legal tender in full, on time and directly to the
workers concerned. The Contractor shall maintain records of all payments and
deductions made.
6.3 Persons in the Service of Employer
“The Contractor shall not recruit, or attempt to recruit, staff and labour from amongst
the Employer’s and Engineer’s Personnel”
6.5 Working Hours
Add the words:
Hours of work shall comply with applicable laws, collective agreements, and industry
standards. Overtime shall be voluntary wherever possible, shall not be demanded on a
regular basis and shall always be compensated at an overtime premium rate.
6.7 Health and Safety
Insert at the beginning of sub-clause 6.7, the following:
Within 14 days after the Commencement Date, the Contractor shall submit a document
titled “Health, Safety and Environmental Plan”. In this HSE Plan, the Contractor shall:
 Identify all activities to be performed during the contract having potential HSE risks
and impacts, including the identification of action parties and specification of
completion dates;
 Confirm the number of Site HSE Officers to be employed on the Contract, and
provide their professional resumes, and a description of their roles, responsibilities
and deployment;
 Provide full details of Contractor’s HSE audit, inspection and monitoring programs
for the contract;
 Provide a schedule for completion of any required actions.
The Contractor shall obtain approval of the HSE Plan from the Engineer, prior to the
commencement of work. The approved HSE Plan shall form part of the contract
documents and become a contractual obligation. During project implementation, the
Contractor shall obtain formal approval from the Engineer for any proposed deviations
or amendments to the HSE Plan. Approval of the HSE Plan shall not relieve the
Contractor of any of his responsibilities with regard to HSE management.
The Contractor shall nominate in writing a person who shall be in charge for safety and
health issues at work, as provided for under the applicable law and legislation.
Add, after first paragraph:
The Contractor will be responsible for ensuring that Contractor’s Personnel has at their
disposal appropriate Personal Protection Equipment (helmets, eye, ear, hand and foot
protection), where appropriate. Contractor will ensure that such equipment is applied
where appropriate.
6.9 Contractor’s Personnel
Add a new first paragraph as follows:
The Contractor shall provide the key personnel named in the proposal. These key
experts may not be replaced without the prior consent of the Engineer.
6.10 Records of Contractor’s Personnel and Equipment
The following text shall be added at the end of the sub-clause:

The Engineer may request submission of daily reports in English and Serbian, if the
nature of the work or Contractor’s submissions means such reporting is necessary to
maintain accurate records.
6.11 Disorderly Conduct
Add at the end the following:
With respect to the Contractor, any Subcontractor and all their respective employees:
(a) the Contractor shall not allow the bringing, selling or consumption of any alcoholic
drinks or drugs on Site;
(b) the Contractor shall not allow the bringing, selling or illegally carrying of any
weapon or ammunition of any kind on Site;
(c) the Contractor shall bear any additional cost and expenses (taxes, duties, penalties,
insurance, overtime, etc.) caused by their labour employed in performing the Works.
6.12 Festivals and Religious Customs
A new Sub-Clause shall be added:
The Contractor shall respect all the recognized festivals, days of rest and religious or
other customs in the Country and Entity.
6.13 Repatriation of Personnel and Labour

The Contractor shall be responsible for the return to the place where they were
recruited or to their domicile of all such persons, as he recruited and employed for the
purposes of or in connection with the Contract. And he shall maintain such persons, as
are to be returned, in a suitable manner until they shall have left the Site or, in case of
persons who are not nationals of or have been recruited outside the Country, shall have
left the Country.
6.14 Workmen’s protection from Accidents
The Contractor shall include in his staff a Safety Officer dealing with questions
regarding the safety and protection against accidents of all staff and labour. The Safety
Officer shall be qualified for this work and shall have the authority to issue required
instructions and take protective measures to prevent accidents.
The Contractor shall within 24 hours of the occurrence of any accident at or about the
Site or in connection with the execution of the Works, report such accident to the
Engineer. The Contractor shall also report such accident to the competent authority,
whenever the applicable law requires such report.
6.15 Measures against Insect and Pest Nuisance
The Contractor shall at all times take all necessary precautions to protect staff and
labour employed on the Site from insect nuisance, rats and other pests and to reduce the
dangers to health and the general nuisance of the same.
6.16 Epidemics
In the event of outbreak of illness of an epidemic nature, the Contractor shall comply
with and carry out such regulations, orders and requirements as may be made by the
Government of the Country and Entity or the local medical or sanitary authorities for
the purpose of dealing with and overcoming the same.
6.17. Burial of the Dead

The Contractor shall make the necessary arrangements for the transport, to any place as
required for burial, of any of his expatriate employees or members of their families
who may die in the Country. The Contractor shall also be responsible, to the extent
required by local regulations, for making any arrangement with regard to burial of any
of his local employees who may die while engaged upon the Works.
6.18. Supply of Water
Taking into consideration local conditions, the Contractor shall provide an adequate
supply of drinking water and water for other purposes for the use of the Contractor’s
Personnel on the Site.
6.19. Forced Labour
The Contractor shall not employ forced labour, which 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
involuntary prison labour, indentured labour, bonded labour or similar labour
contracting arrangements.
6.20 Child Labour
The Contractor shall not employ children in a manner that is economically exploitative,
or 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. Where
the relevant labour laws of the Country have provisions for employment of minors, the
Contractor shall follow those laws applicable to the Contractor. The Contractor shall
put in place a procedure to verify the ages of young workers. Children below the age of
18 years shall not be employed in dangerous work.
7 Plant, Materials and Workmanship
7.4 Testing
The second paragraph shall be replaced by the following:
The Contractor shall provide all buildings, housings, apparatus, documents, and other
information, electricity, equipment, plant, vehicles, fuel, consumables, instruments,
labour, materials and suitably qualified and experienced staff as are necessary to carry
out all tests efficiently, at his own cost. The Contractor shall prepare and maintain, for
the duration of the Works a testing programme for all workmanship and materials, both
on and off-site, for the approval of the Engineer. The programme shall detail the item,
its’ location, applicable, date and any associated approvals process/ test standard and
any re-testing.
At the end of this Sub- Clause, add the following:
Requirements and procedures for the testing shall be performed by the Contactor in
line with the Employer’s Requirements and meet measurements and values defined in
Standards and Norms in use under the Laws of the Contract.
All costs for the Engineer (including one representative of the Employer for attending
tests or inspections) shall be borne by the Contractor if the tests/inspections are not
within the surroundings of the Site (30 km).
7.7 Ownership of Plant and Materials

Equipment and materials intended for incorporation in the Permanent Works, but not
yet incorporated in the Permanent Works and for which any Interim Payment has been
certified by the Engineer, shall be vested in the Employer and visibly marked as such.
Plant, Equipment and Materials, listed under the SC 14.5 (c) in Data Sheet, after
obtainment of the satisfactory Factory Acceptance Test, delivery on Site, and
certification in Interim Payment shall be transferred in Employers ownership.
8 Commencement, Delays and Suspension
8.2 Time for Completion
The Contractor shall be deemed to have completed the preparation of the Technical
Documentation after the receipt of all the necessary approvals, if any, from relevant
Authorities as required in accordance with the Sub-Clause 5.2.
8.3 Programme
In the beginning of the first paragraph after “The Contractor shall submit ….“ insert
“3 copies of the”.
Add the following paragraphs at the end:

Any revised programme shall be submitted within 14 days from the date of request of
the Engineer and shall be made by the Contractor without additional payment to him.
During the development of the programme the Contractor shall take into account
Employer’s Requirements.
8.4 Extension of Time for Completion
Insert at the end of the last paragraph:
Extension of Time for Completion does not by itself entitle the Contractor to
additional money.
The Contractor shall not be entitled to a separate Extension of Time for Completion
for each one of several causes of delay running concurrently but only for the actual
period of delay determined by the Engineer irrespective of the causes contributing to
produce such delay. If one of several causes of delay operating concurrently is due to
the fault of the Contractor and would itself irrespective of the concurrent causes have
delayed the completion of the Works or part thereof no Extension of Time for
Completion shall be granted for the period of such delay.
10. Employer's Taking Over
10.1 Taking-over of the Works and Sections
The following text shall be added at the end of the second paragraph:
Upon receipt of the Contractors notice the Engineer will notify the Employer and
Contractor of the date he intends to perform inspection in order to issue a Taking Over
Certificate.
The Employer shall arrange for technical acceptance of the Works in accordance with
the Laws of the Country and Entity. The Contractor shall cooperate with the person in
charge of the technical acceptance and shall act in accordance with his requirements.
If any deficiencies are identified in the course of the technical acceptance procedure,
the Contractor shall remedy such deficiencies within the period proposed by the person
in charge of the technical acceptance. In case the Contractor fails to remedy the
deficiencies, the Employer shall be entitled to engage a third party to remedy such
deficiencies at the cost of the Contractor.
Upon receiving positive opinion from the person in charge of the technical acceptance,
the Employer, the Engineer and the Contractor shall proceed with the Taking-Over
procedure.
11. Defects Liability
11.4 Failure to Remedy Defects
Replace the first paragraph with the following:
“During the Defects Notification Period, the Contractor must commence repairs of the
defect or damage within twenty four hours from notification of the defect or damage.
The repairs must be completed within the time span set in the Employers rules for
operation and maintenance.”
11.9 Performance Certificate
The following texts shall be added at the end of the Sub-Clause:

After the issuance of the Performance Certificate, the questions as to the post-contract
liability shall be governed by the Laws of the Country and Entity.
12 Test after Completion
12.1 Procedure for Tests after Completion
In the 2nd paragraph, line 1 delete “as soon as reasonably practical and insert “at
times as stated in the Employer requirements”
13 Variations and Adjustments
13.1 Right to Vary
Add at the end of Sub-Clause:
Substantial changes can, however, only be made by means of a formal addendum to

the Contract. The following types of changes shall be regarded as substantial:
Changes with technical impact that:

i. Modify the scope of works as defined in the Employer’s Requirements;
ii. May affect the competition by altering the conditions on which the
contract has been evaluated and awarded (e.g. substantial changes in
design elements as the technical solution in a plant and design-build
contract, technical specifications in a construction contract, minimum
standards for materials; etc.).
Changes with financial impact that lead to an increase in the total contract price, such
that it is not longer covered by the original contract value (inclusive of the provisional
sums and any contingencies).
Changes of the contractual essence, such as changes in the conditions of contract,

contracts agreement, Contract Data or other such parts of the contract.
13.5 Provisional sums

Add after the first sentence:
The approval of the PMU shall be required to transfer unused Provisional sums
between works sections.
13.6 Daywork
After the first paragraph insert:
No change in the rates or prices shall be considered for the items included in the Price
Schedule for Daywork, notwithstanding the quantity of work performed under such
Schedule.
13.8 Adjustments for Changes in Cost
This Sub-Clause shall not apply.
14 Contract Price and Payment
14.2 Advance Payment
Paragraph (b) shall be deleted and replaced by the following:

(a) The Contractor shall pay all taxes, levies and duties which are payable in
accordance with the Laws of the Country, except customs duties for the
equipment and Goods required for the construction of the structure.
All the imported Goods and equipment not installed or used during the Works
shall be exported upon completion of the Works.
If not exported, such Goods and equipment shall be subject to payment in
accordance with the Law.
The Contract Price referred to in item (a) shall not include the Value Added Tax
(VAT). VAT shall be paid in accordance with Laws.
14.2 Advance Payment
The following text shall be added at the end of the first paragraph:
The Advance Payment Guarantee shall be issued by a reputable bank selected by the
Contractor and approved by the Employer and submitted in the format attached to the
Particular Conditions.
14.4 Schedule of Payments
In the last paragraph of sub-clause 14.4, delete and replace with:

The Contractor shall submit non-binding estimates of the payments which he expects
to become due during each month together with an explanation of these amounts. The
Contractor shall take note in the preparation of the schedule of the minimum amount of
each interim payment as stipulated in the Contract Data.
The lump sums items in each line of the estimates shall be used for no other purpose
than payment of that item.
The first estimate shall be submitted within 28 days after Commencement Date.
Revised estimates shall be submitted at quarterly intervals, until Taking-Over
Certificate has been issued for the Works.
14.5 Plant and Materials Intended for the Works
This Sub-Clause is included in this Contract.
The Contractor shall prepare list of the Plant, Equipment and Material with the listed
prices in the referred Bills of Quantities in equivalent of not more than eighty percent,
intended to be certified under the conditions of Sub-Clause 14.5. Fulfilment of the
conditions is subject to Engineer’s determination of the cost and stated amount as
stipulated in the Contract Data.
The following text shall be added at the end of the Sub-Clause 14.5 (a), after (ii) insert
(iii) Performed FAT (Factory Acceptance Test), for the listed equipment under the SC
14.5 (c) in the Data Sheet, followed with Report presented performances required
under the Employers Requirement. If not differently agreed, FAT shall be performed
in presence of the Engineer’s representative.
14.7 Payment
The paragraph (a) shall be replaced by the following:

(a) the first instalment of advance payment within 21 days after receiving both the
Performance Security in accordance with Sub-Clause 4.2 [Performance
Security] and Advance Payment Guarantee in accordance with Sub-clause
14.2 [Advance Payment];
The last paragraph shall be replaced by the following:
The Contractor shall notify to the Employer, prior to any payment under the Contract,
details of the bank account(s) nominated by the Contractor for payments for the
currency specified in the Contract. All payments of the amounts due to the
Contractor shall be made into the bank account(s) thus nominated by the Contractor.
14.15 Currencies of payment
According to the legislation of the Entity of Republika Srpska/Bosnia-Herzegovina as

applicable, payments for local Contractors shall be in BAM. Foreign Contractors will
be paid in EUR. Calculation of Interim Payments shall be made in Currency of
payment. For payments to the foreign Contractors calculations of the due amount
shall be done on the following Exchange Rate: 1 EUR = 1.955830 BAM
15 Termination by Employer
15.6 Prohibited Conduct
The new Sub-Clause shall be added:
The Contractor shall fully comply with the Covenant of Integrity (Section VI, ITB).
If the Employer determines, based on reasonable evidence, that the Contractor has
engaged in the Prohibited Conduct, in executing the Contract, then the Employer
may, after giving 14 days notice to the Contractor, terminate the Contract and expel
him from the Site, and the provisions of Clause 15 shall apply as if such termination
had been made under Sub-Clause 15.2.
The term Prohibited Conduct is defined in the Section VI, of the ITB.
18 Insurance
18.2 Insurance for Works and Contractor’s Equipment
Add the following at the end of the Sub-Clause:
It shall be the responsibility of the Contractor to notify the insurance company of any
change in the nature, extent or programme for the execution of the Works and to
ensure adequacy of the insurance coverage at all times during the period of the
Contract. The Contractor shall submit evidence of the notification to the Employer.
18.3 Insurance against Injury to Persons and Damage to Property
Add the following at the end of the first paragraph:
Insurance shall include cover against liability to third parties arising from accidents in
the Country involving vehicles supplied by the Contractor (if any) and used by the
Employer, the Beneficiary, the Contractor or the Engineer under the Contract’.
18.5 Insurance for Design

The new Sub-Clause shall be added:

The Contractor shall effect professional indemnity insurance, which shall cover the risk
of professional negligence in the design of the Works. This insurance shall be for a
limit of not less than 10% of the final Contract Price.
The Contractor shall maintain the professional indemnity insurance in full force and
effect until five years after the issue of the taking over certificate.
20 Claims, Disputes and Arbitration
20.2 Appointment of the Dispute Adjudication Board
Add in the end the following:
If each of the parties in the dispute is from the Entity, the parties may agree to a
Dispute Adjudication Board appointed by ACES – Serbian Association, FIDIC
Member Association, using the Serbian language.
20.6 Arbitration
Any dispute, controversy or claim arising out of or relating to this contract, or the breach,
termination or invalidity thereof, shall be settled by arbitration in accordance with the
UNCITRAL Arbitration Rules as at present in force.
Number of arbitrators and other details are as set under the Contract Data.
Part B - Special Provisions
Sub-Clause 1.1.6.7 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 1.1.6.10 “ES” means Environmental and Social (including Sexual

Exploitation and Abuse (SEA), and Sexual Harassment (SH)).
ES
Sub-Clause 1.1.6.11. “Sexual Exploitation and Abuse” “(SEA)” stands for the
following:
Sexual Exploitation and
Abuse (SEA), and Sexual Sexual Exploitation is defined as any actual or
Harassment (SH) attempted abuse of position of vulnerability, differential
power or trust, for sexual purposes, including, but not
limited to, profiting monetarily, socially or politically
from the sexual exploitation of another;
Sexual Abuse is defined as the actual or threatened
physical intrusion of a sexual nature, whether by
force or under unequal or coercive conditions; and
“Sexual Harassment” “(SH)” is defined as unwelcome
sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature by the
Contractor’s Personnel with other Contractor’s or
Employer’s Personnel.
Sub-Clause 1.6 “If the Contractor comprises a JV, the authorised

representative of the JV shall sign the Contract Agreement in
Contract Agreement
accordance with Sub-Clause 1.14 (Joint and Several
Liability).”
Sub-Clause 1.15 The Contractor shall permit the Bank and/or persons
Inspections & Audit by the appointed by the Bank to inspect the Site and/or the
Contractor’s accounts and records relating to the performance
Bank
of the Contract and to have such accounts and records audited
by auditors appointed by the Bank if required by the Bank.
Pursuant to paragraph 1.16 (e) of Particular Conditions - Part
C- Fraud and Corruption, the Contractor shall permit and
shall cause its agents (where declared or not), subcontractors,
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
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 termination (as well as to a determination of
ineligibility pursuant to the Bank’s prevailing sanctions
procedures).
Sub-Clause 2.4 The first paragraph is replaced with:

Employer’s Financial “The Employer shall submit, before the Commencement
Arrangements 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 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 following is added at the end of the second paragraph:
Delegation by the “If any assistants are not fluent in this language, the Engineer
Engineer shall make competent interpreters available during all

working hours, in a number sufficient for those assistants to
properly perform their assigned duties and/or exercise their
delegated authority.”
Sub-Clause 4.1 The following is inserted after second paragraph “The

Contractor shall provide the Plant (and spare parts, if any)
Contractor’s General
…”:
Obligations
“All equipment, material, and services to be incorporated in
or required for the Works shall have their origin in any
eligible source country as defined by the Bank.”
The following is inserted after the paragraph “The
Contractor shall, whenever required by the Engineer...”:
The Contractor shall not carry out mobilization to Site (e.g.
limited clearance for haul roads, site accesses and work site
establishment, geotechnical investigations or investigations
to select ancillary features such as quarries and borrow pits)
unless the Engineer gives a Notice of No-objection to the
Contractor, a Notice that shall not be unreasonably delayed,
to the measures the Contractor proposes to manage the
environmental and social risks and impacts, which at a
minimum shall include applying the Management
Strategies and Implementation Plans (MSIPs) and Code of
Conduct for Contractor’s Personnel submitted as part of the
Bid and agreed as part of the Contract.
The Contractor shall submit, to the Engineer for Review and
approval, any additional MSIPs as are necessary to manage
the ES risks and impacts of ongoing Works (e.g. excavation,
earth works, bridge and structure works, stream and road
diversions, quarrying or extraction of materials, concrete
batching and asphalt manufacture). These MSIPs collectively
comprise the Contractor’s Environmental and Social
Management Plan (C-ESMP). The Contractor shall review
the C-ESMP, periodically (but not less than every six (6)
months), and update it as required to ensure that it contains
measures appropriate to the Works. The updated C-ESMP
shall be submitted to the Engineer for Review
The C-ESMP and the Contractor’s Code of Conduct shall be
included as Contractor’s Documents.
Sub-Clause 4.3 The following is added at the end of the last paragraph: “If
any of these persons is not fluent in this language, the
Contractor’s Contractor shall make competent interpreters available during

Representative all working hours in a number deemed sufficient by the
Engineer.”
Sub-Clause 4.8 Insert at the end the following:

Safety procedures “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 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, which shall include
at a minimum:
(i) the procedures to establish and maintain a safe
working environment without risk to health at
all workplaces, machinery, equipment and
processes under the control of the Contractor,
including control measures for chemical,
physical and biological substances and agents;
(ii) details of the training to be provided, records
to be kept;
(iii) the procedures for prevention, preparedness
and response activities to be implemented in
the case of an emergency event (i.e. an
unanticipated incident, arising from both
natural and man-made hazards, typically in
the form of fire, explosions, leaks or spills,
which may occur for a variety of different
reasons including failure to implement
operating procedures that are designed to
prevent their occurrence, extreme weather or
lack of early warning);
(iv) the measures to be taken to avoid or
minimize the potential for community
exposure to water-borne, water-based, water-
related, and vector-borne diseases,
(v) the measures to be implemented to avoid or
minimize the spread of communicable
diseases (including transfer of Sexually

Transmitted Diseases or Infections (STDs),
such as HIV virus) and non-communicable
diseases associated with the execution of the
Works, taking into consideration
differentiated exposure to and higher
sensitivity of vulnerable groups. This
includes taking measures to avoid or
minimize the transmission of communicable
diseases that may be associated with the
influx of temporary or permanent Contract-
related labour;
(vi) the policies and procedures on the
management and quality of accommodation
and welfare facilities if such accommodation
and welfare facilities are provided by the
Contractor in accordance with Sub-Clause
6.6; and
(vii) any other requirements stated in the
Specification.
Sub-Clause 4.18 Sub-Clause 4.18 Protection of the Environment is replaced

with:
Protection of the
Environment “The Contractor shall take all necessary measures to:
(a) protect the environment (both on and off the Site);
and
(b) limit damage and nuisance to people and property
resulting from pollution, noise and other results of the
Contractor’s operations and/ or activities.
The Contractor shall ensure that emissions, surface
discharges, effluent and any other pollutants from the
Contractor’s activities shall exceed neither the values
indicated in the Specification, nor those prescribed by
applicable Laws.
In the event of damage to the environment, property and/or
nuisance to people, on or off Site as a result of the
Contractor’s operations, the Contractor shall agree with the
Engineer the appropriate actions and time scale to remedy, as
practicable, the damaged environment to its former condition.
The Contractor shall implement such remedies at its cost to
the satisfaction of the Engineer.”
Sub-Clause 4.22 Sub-Clause 4.22 Security of the Site is replaced with:

Security of the Site “Sub-Clause 4.22 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 6.1 The following paragraph is added at the end of the Sub-
Clause:
Engagement of Staff and
Labour “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 or Entity.”
Clause:
Rates of Wages and
Conditions of Labour The Contractor shall inform the Contractor’s Personnel about
their liability to pay personal income taxes in the
Country/Entity in respect of such of their salaries, wages,
allowances and any benefits as are subject to tax under the
Laws of the Country/Entity for the time being in force, and
the Contractor shall perform such duties in regard to such
deductions thereof as may be imposed on him by such Laws.
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
(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.
Subject to the requirements in Sub-Clause 4.3 [Contractor’s
Representative] 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.”
The following Sub-Clauses 6.12 to 6.26 are added after sub-clause 6.11
Sub-Clause 6.12 The Contractor may bring in to the Country any foreign
personnel who are necessary for the execution of the Works
Foreign Personnel
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
shall similarly be responsible for making the appropriate
arrangements for their return or burial.
Sub-Clause 6.13 The Contractor shall arrange for the provision of a sufficient
supply of suitable food as may be stated in the Specification
Supply of Foodstuffs
at reasonable prices for the Contractor’s Personnel for the
purposes of or in connection with the Contract.
Sub-Clause 6.14 The Contractor shall, having regard to local conditions,

provide on the Site an adequate supply of drinking and other
Supply of Water
water for the use of the Contractor’s Personnel.
Sub-Clause 6.15 The Contractor shall at all times take the necessary
precautions to protect the Contractor’s Personnel employed
Measures against Insect
on the Site from insect and pest nuisance, and to reduce the
and Pest Nuisance
danger to their health. The Contractor shall comply with all
the regulations of the local health authorities, including use of
appropriate insecticide.
Sub-Clause 6.16 The Contractor shall not, otherwise than in accordance with
the Laws of the Country, import, sell, give, barter or
Alcoholic Liquor or Drugs
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 6.17 The Contractor shall not give, barter, or otherwise dispose of,
to any person, any arms or ammunition of any kind, or allow
Arms and Ammunition
Contractor’s Personnel to do so.
Sub-Clause 6.18 The Contractor shall respect the Country’s and Entity’s
recognized festivals, days of rest and religious or other
Festivals and Religious
Customs customs.
Sub-Clause 6.19 The Contractor shall be responsible, to the extent required by

local regulations, for making any funeral arrangements for
Funeral Arrangements
any of its local employees who may die while engaged upon
the Works.
Sub-Clause 6.20 The Contractor, including its Subcontractors, shall not

employ or engage forced labour. Forced labour consists of
Forced Labour
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 6.21 The Contractor, including its Subcontractors, shall not

employ or engage a child under the age of 14 unless the
Child Labour
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;
(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 6.22 The Contractor shall keep complete and accurate records of
the employment of labour at the Site. The records shall
Employment Records of
include the names, ages, genders, hours worked and wages
Workers
paid to all workers. These records shall be summarised on a
monthly basis and submitted to the Engineer.
Sub-Clause 6.23 In countries where the relevant labour laws recognise

workers’ rights to form and to join workers’ organisations of
Workers’ Organisations
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 6.24 The Contractor shall not make decisions relating to the
employment or treatment of Contractor’s Personnel on the
Non-Discrimination and
basis of personal characteristics unrelated to inherent job
Equal Opportunity
requirements. The Contractor shall base the employment of
Contractor’s Personnel on the principle of equal opportunity
and fair treatment, and shall not discriminate with respect to
any aspects of the employment relationship, including
recruitment 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
6.21).
Sub-Clause 6.25 The Contractor shall have a grievance mechanism for

Contractor’s Personnel, and where relevant the workers’
Contractor’s Personnel
organizations stated in Sub-Clause 6.23, to raise workplace
Grievance Mechanism
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
mechanisms may be supplemented as needed with Contract-
specific arrangements.
Sub-Clause 6.26 The Contractor shall provide appropriate training to relevant

Contractor’s Personnel on ES aspects of the Contract,
Training of Contractor’s
including appropriate sensitization on prohibition of SEA and
Personnel
SH, and health and safety training.
As stated in the Specification or as instructed by the Engineer,
the Contractor shall also allow appropriate opportunities for
the relevant Contractor’s Personnel to be trained on ES
aspects of the Contract by the Employer’s Personnel.
The Contractor shall provide training on SEA and SH,
including its prevention, to any of its personnel who has a role
to supervise other Contractor’s Personnel.
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 7 days before the
Commencement Date.
The Notice shall be issued promptly after the Engineer
determines the fulfilment of the following conditions:
(a) delivery to the Contractor of reasonable evidence of
the Employer’s financial arrangements (under Sub-
Clause 2.4 [Employer’s Financial Arrangements]);
(b) 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;
(c) 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;
(d) Constitution of the DAB in accordance with Sub-
Clause 20.2 and Sub-Clause 20.3 as applicable.
Subject to Sub-Clause 4.1 on the Management Strategies and
Implementation Plans and the C-ESMP, Sub-Clause 4.8 on
the health and safety manual and Sub-Clause 4.22 on the
security management plan, 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 13.5 The following is inserted as the penultimate paragraph:

Provisional Sums “The Provisional Sum shall be used to cover the Employer's
share of the DAB members’ fees and expenses, in accordance
with Clause 20. No prior instruction of the Engineer shall be
required with respect to the work of the DAB. The Contractor
shall submit the DAB members’ invoices and satisfactory
evidence of having paid 100% of such invoices as part of the
substantiation of those Statements submitted under Sub-
Clause 14.3.
Clause:
Adjustments for Changes
in Legislation “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 13.8 [Adjustments for Changes in Cost].”
Clause:
The Contract Price “Notwithstanding the provisions of subparagraph (b),

Contractor's Equipment, including essential spare parts
therefore, imported by the Contractor for the sole purpose of
executing the Contract shall be temporarily exempt from the
payment of import duties and taxes upon initial importation,
provided the Contractor shall post with the customs
authorities at the port of entry an approved export bond or
bank guarantee, valid until the Time for Completion plus six
months, in an amount equal to the full import duties and taxes
which would be payable on the assessed imported value of
such Contractor's Equipment and spare parts, and callable in
the event the Contractor's Equipment is not exported from the
Country on completion of the Contract. A copy of the bond or
bank guarantee endorsed by the customs authorities shall be
provided by the Contractor to the Employer upon the
importation of individual items of Contractor's Equipment
and spare parts. Upon export of individual items of
Contractor's Equipment or spare parts, or upon the completion
of the Contract, the Contractor shall prepare, for approval by
the customs authorities, an assessment of the residual value of
the Contractor's Equipment and spare part to be exported,
based on the depreciation scale(s) and other criteria used by
the customs authorities for such purposes under the provisions
of the applicable Laws. Import duties and taxes shall be due
and payable to the customs authorities by the Contractor on
(a) the difference between the initial imported value and the
residual value of the Contractor's Equipment and spare parts
to exported; and (b) on the initial imported value of the
Contractor's Equipment and spare parts remaining in the
Country after completion of the Contract. Upon payment of
such dues within 28 days of being invoiced, the bond or bank
guarantee shall be reduced or released accordingly; otherwise
the security shall be called in the full amount remaining.”
Sub-Clause 14.2 Insert after first paragraph the following:

Advance Payment “The Contractor shall obtain (at the Contractor’s cost) an
Advance Payment Guarantee in amounts and currencies equal
(Advance Payment
to the advance payment, and shall submit it to the Employer
Guarantee)
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
Employer (but such agreement shall not relieve the Contractor
from any obligation under this Sub-Clause).”
Sub-Clause 15.6 The following new Sub-Clause is added:

Fraud and Corruption “15.6.1 The Bank requires compliance with the Bank’s
Anti-Corruption Guidelines and its prevailing sanctions
policies and procedures as set forth in the Bank’s Sanctions
Framework, as set forth in Particular Conditions - Part C-
Fraud and Corruption.
15.6.2 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 17.7 The following Sub-Clause is added as 17.7:

Use of Employer’s “The Contractor shall take full responsibility for the care of
Accommodation/Facilities 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.”
Appendix- General Conditions of Dispute Adjudication Agreement
DISPUTE ADJUDICATION AGREEMENT

[for a one-person DAB]
Name of Contract: Construction of Flood Protection Measures – Rehabilitation of Storm

Emergency Flood Relief and Prevention – A Project
Loan No.: EIB No 2010 – 0479
Republika Srpska, Bosnia and Herzegovina
(hereinafter “The Contract”)
Details of Contract: Construction of Flood Protection Measures – Rehabilitation of Storm

Water
Pumping Stations in Republika Srpska - Reference No.: TG30
Name and address of Employer Public Institution “Vode Srpske”

Bijeljina, Milosa Obilica 51, 76300 Bijeljina,
Republic of Srpska, Bosnia and Herzegovina
Name and address of Contractor
Name and address of Member
Whereas the Employer and the Contractor have entered into the Contract and desire jointly to
appoint the Member to act as the sole Member who shall be called the Dispute Adjudication
Board or (“DAB”) to adjudicate any dispute that may be arisen by the Parties over the period
of ____ months after Commencement Date.
In order to facilitate the avoidance of Disputes that might be arisen by the Parties, beside
regular duties under the DAA for DAB on ad hoc basis, the Member shall be available for
informal assistance during discussions at any meeting with the Parties (fact-to-face or by
telephone or by video conference) or at any Monthly Progress meetings or Site visits by an

informal verbal or written note to the Parties two (2) working days per month.
Such informal assistance may take place during any meeting, Site visit or otherwise, where
the Parties shall be included in the communication. The Parties are not bound to act on any
advice given during such informal meetings, and the DAB shell not be bound in any future
Dispute resolution process or decision by any views provided verbally or in written.
The Employer, Contractor and Member jointly agree as follows:

1. The conditions of this Dispute Adjudication Agreement comprise the “General
Conditions of Dispute Adjudication Agreement”, which is appended to the General
Conditions of the “Conditions of Contract for Plant and Design-Build” First Edition
1999 published by the Fédération Internationale des Ingénieurs-Conseils (FIDIC), and
the following provisions. In these provisions, which include amendments and
additions to the General Conditions of Dispute Adjudication Agreement, words and
expressions shall have the same meanings as are assigned to them in the General
Conditions of Dispute Adjudication Agreement.
2. The parties hereby accept that the language of the DAB, verbal and written, shall be
the Language of communication indicated in Section X, Part A – Contact Data (Sub-
Clause 1.4 of the Particular Conditions of the Contract), namely English.
3. In accordance with Clause 6 of the General Conditions of DAA, the Member shall be
read and paid as follows:
Sub-paragraph 6 (a) of the General Conditions of Dispute Adjudication Agreement is
deleted and replaced by the following text:
3.1. Preparation for the Dispute resolution (Sub-clause 6.(a) (i) and (ii) –
reading submissions, attending hearing, if any, Site visit with travel
time) by the Member for each Dispute in the Project is _____.- Euro;
Estimated time for the task completion is 5 working days during the 2 weeks
period, including time for the mobilisation between invitation from the Party
and initiation of the Dispute resolution, and advance payment completion.
This amount includes estimate for initial review of documents,
3.2. Dispute resolution (Sub-clause 6.(a) (i) – preparing decisions by the
Member for each Dispute in the Project is ____.- Euro per day;
3.3. Total Fee for the Member services for one Dispute resolution cannot
exceed 25.000,00 Euro (plus VAT, if applicable) and includes all related
expenses.
Sub-paragraph 6 (b) of the General Conditions of Dispute Adjudication Agreement is

deleted and replaced by the following text:
3.4. all reasonable expenses including necessary travel expenses (economy
class air fare or equivalent, high standard hotel and subsistence and other
direct travel expenses) incurred in connection with the Member’s duties, as
well as the cost of telephone calls, courier charges, faxes and telexes: a
receipt shall be required for each item in excess of 5% of the daily fee
referred to in sub-paragraph (a) of this Clause;
3.5. Monthly engagement of the Member for Informal Assistance will be based
on a Monthly basis in fixed fee rate of _____.- Euro per month. It includes
the following services during the Project execution (estimated duration of
the task is 16 Months):
3.4.1. One day a month – for Informal Assistance to the Parties and Monitoring of the
Contract document administration;
3.4.2. One day a month - Attendance at the Project Monthly Progress meetings, includes
preparation for the meeting, attendance on the progress meeting, and Informal
Assistance during the meeting;
3.4.3. Any engagement out of services defined in Sub-clauses 3.4.1. and 3.4.2. will be
mutually agreed in advance to the agreed service order and charged on a daily fee rate
of ______ Euro per day.
3.6. Informal Assistance to the Parties excludes position on Value Engineering,
Variations, Claim Management and Determinations.
3.7. Total Fee for the Member services for Informal Assistance services
cannot exceed 25.000,00 Euro (plus VAT, if applicable) and includes all
related expenses.
4. Terms of Payment
4.1. The amount of advance payment, for each case, shall be the amount of the
daily fee multiple by 10 (ten days), plus fees for the Preparation for the
Dispute resolution. The daily fee, fees for the preparation for the Dispute
resolution and expanses are amounts indicated in the sub-clauses 3.1, 3.2
and 3.3 hereof.
4.2. The payment of the balance of daily fees, fees and expenses, less the amount
advanced, will be made within 30 days of receiving the invoice – final
account. In the event that total amount of daily fees and expenses is less than
amount of the advance payment, the entire outstanding balance shall
forthwith become due and be paid back.
4.3. The amount for Informal Assistance is fixed fee rate on a monthly basis
indicated in the sub-clause 3.4 hereof will be made within 15 days of
receiving monthly invoice.
5. Any disagreement or difference arising out of or relating to this Dispute Adjudication

Agreement or the breach, termination or invalidity thereof shall be finally settled under
the Rules of Arbitration of International Chamber of Commerce by a single arbitrator
appointed by the President of ICC International Court of Arbitration. The seat of the
arbitration shall be Vienna, Austria.
6. In consideration of these fees and other payments to be made by the Employer and the
Contractor in accordance with Clause 6 of the General Conditions of Dispute
Adjudication Agreement, the Member undertakes to serve, as described in this Dispute
Adjudication Agreement, as the sole Member of the DAB.
7. The Employer and the Contractor jointly and severally undertake to pay the Member, in
consideration of the carrying out of these services, in accordance with this DAA and
Clause 6 of the General Conditions of Dispute Adjudication Agreement.
8. This Dispute Adjudication Agreement shall be governed by the law of the Contract.
Signed by: Signed by: Signed by:
For and on behalf of the For and on behalf of the Member

Employer Contractor
Date: Date: Date:

Particular Conditions
Part C- Bank’s Policy- Corrupt and Fraudulent Practices
EIB Anti-Fraud Policy
Policy on preventing and deterring prohibited conduct in European Investment Bank

activities shall be utilized.
Particular Conditions
Part D- Environmental and Social (ES)
Metrics for Progress Reports
Metrics for regular reporting:
a. environmental incidents or non-compliances with contract requirements,

including contamination, pollution or damage to ground or water supplies;
b. health and safety incidents, accidents, injuries that require treatment and all
fatalities;
c. interactions with regulators: identify agency, dates, subjects, outcomes

(report the negative if none);
d. status of all permits and agreements:
i. work permits: number required, number received, actions taken for those not
received;
ii. status of permits and consents:
- list areas/facilities with permits required (quarries, asphalt & batch plants),
dates of application, dates issued (actions to follow up if not issued), dates submitted
to resident engineer (or equivalent), status of area (waiting for permits, working,
abandoned without reclamation, decommissioning plan being implemented, etc.);
- list areas with landowner agreements required (borrow and spoil areas, camp
sites), dates of agreements, dates submitted to resident engineer (or equivalent);
- identify major activities undertaken in each area in the reporting period and
highlights of environmental and social protection (land clearing, boundary marking,
topsoil salvage, traffic management, decommissioning planning, decommissioning
implementation);
- for quarries: status of relocation and compensation (completed, or details of

activities and current status in the reporting period).
e. health and safety supervision:

i. safety officer: number days worked, number of full inspections & partial
inspections, reports to construction/project management;
ii. number of workers, work hours, metric of PPE use (percentage of workers
with full personal protection equipment (PPE), partial, etc.), worker violations
observed (by type of violation, PPE or otherwise), warnings given, repeat warnings
given, follow-up actions taken (if any);
f. worker accommodations:
i. number of expats housed in accommodations, number of locals;
ii. date of last inspection, and highlights of inspection including status of

accommodations’ compliance with national and local law and good practice,
including sanitation, space, etc.;
iii. actions taken to recommend/require improved conditions, or to improve

conditions.
g. Health services: provider of health services, information and/or training,

location of clinic, number of non-safety disease or illness treatments and diagnoses
(no names to be provided);
h. gender (for expats and locals separately): number of female workers,

percentage of workforce, gender issues raised and dealt with (cross-reference
grievances or other sections as needed);
i. training:
i. number of new workers, number receiving induction training, dates of

induction training;
ii. number and dates of toolbox talks, number of workers receiving Occupational
Health and Safety (OHS), environmental and social training;
iii. number and dates of communicable diseases (including STDs) sensitization

and/or training, no. workers receiving training (in the reporting period and in the
past); same questions for gender sensitization, flag person training.
iv. number and date of SEA and SH prevention, sensitization and/or training
events, including number of workers receiving training on Code of Conduct for
Contractor’s Personnel (in the reporting period and in the past), etc.
j. environmental and social supervision:

i. environmentalist: days worked, areas inspected and numbers of inspections of

each (road section, work camp, accommodations, quarries, borrow areas, spoil areas,
swamps, forest crossings, etc.), highlights of activities/findings (including violations
of environmental and/or social best practices, actions taken), reports to environmental
and/or social specialist/construction/site management;
ii. sociologist: days worked, number of partial and full site inspections (by area:
road section, work camp, accommodations, quarries, borrow areas, spoil areas, clinic,
HIV/AIDS centre, community centres, etc.), highlights of activities (including
violations of environmental and/or social requirements observed, actions taken),
reports to environmental and/or social specialist/construction/site management; and
iii. community liaison person(s): days worked (hours community 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 and SH)
received in the reporting period and number of unresolved past grievances by date
received, complainant’s age and sex, how received, to whom referred to for action,
resolution and date (if completed), data resolution reported to complainant, any
required follow-up (Cross-reference other sections as needed):
i. Worker grievances;
ii. Community grievances
l. Traffic, road safety and vehicles/equipment:
i. traffic and road safety incidents and accidents involving project vehicles
& equipment: provide date, location, damage, cause, follow-up;
ii. traffic and road safety incidents and accidents involving non-project
vehicles or property (also reported under immediate metrics): provide
date, location, damage, cause, follow-up;
iii. overall condition of vehicles/equipment (subjective judgment by

environmentalist); non-routine repairs and maintenance needed to
improve safety and/or environmental performance (to control smoke,
etc.).
m. Environmental mitigations and issues (what has been done):

i. dust: number of working bowsers, number of waterings/day, number of

complaints, warnings given by environmentalist, actions taken to resolve; highlights
of quarry dust control (covers, sprays, operational status); % of rock/ spoil lorries
with covers, actions taken for uncovered vehicles;
ii. erosion control: controls implemented by location, status of water crossings,

environmentalist inspections and results, actions taken to resolve issues, emergency
repairs needed to control erosion/sedimentation;
iii. quarries, borrow areas, spoil areas, asphalt plants, batch plants: identify major
activities undertaken in the reporting period at each, and highlights of environmental
and social protection: land clearing, boundary marking, topsoil salvage, traffic
management, decommissioning planning, decommissioning implementation;
iv. blasting: number of blasts (and locations), status of implementation of blasting

plan (including notices, evacuations, etc.), incidents of off-site damage or complaints
(cross-reference other sections as needed);
v. spill clean-ups, if any: material spilled, location, amount, actions taken,

material disposal (report all spills that result in water or soil contamination;
vi. waste management: types and quantities generated and managed, including
amount taken offsite (and by whom) or reused/recycled/disposed on-site;
vii. details of tree plantings and other mitigations required undertaken in the
reporting period;
viii. details of water and swamp protection mitigations required undertaken in the
reporting period.
n. compliance:
i. compliance status for conditions of all relevant consents/permits, for the

Work, including quarries, etc.): statement of compliance or listing of issues and
actions taken (or to be taken) to reach compliance;
ii. compliance status of C-ESMP/ESIP requirements: statement of compliance or

listing of issues and actions taken (or to be taken) to reach compliance
iii. compliance status of SEA and SH prevention and response action plan:
statement of compliance or listing of issues and actions taken (or to be taken) to reach
compliance
iv. compliance status of Health and Safety Management Plan re: statement of
compliance or listing of issues and actions taken (or to be taken) to reach compliance
v. other unresolved issues from previous reporting periods related to

environmental and social: continued violations, continued failure of equipment,
continued lack of vehicle covers, spills not dealt with, continued compensation or
blasting issues, etc. Cross-reference other sections as needed.
Section X. Contract Forms
Table of Forms
Letter of Intent 183
Notification of Award 184
Contract Agreement 185
Performance Security 187
Advance Payment Security 189
PARENT COMPANY GUARANTEE 18793

Letter of Intent
[letterhead paper of the Employer]
[date]
To: [name and address of the Bidder]
This Letter of Intent is to notify you that your Bid dated ___________ (insert the date) for
execution of the Contract ____________ (insert the name of the contract) for the Accepted
Contract Amount _________ (amount in figures) + VAT (amount in words + VAT), as
corrected and modified in accordance with the Instructions to Bidders, is evaluated as lowest
evaluated bid compliant with the requirements in the tender documents and recommended to
be awarded to our institution.
This Letter of Intent might be followed by a Notification of Award after the expiry of a
reasonable time period as indicated in the local and international procedures. Please be
informed that you, with the subsequent Notification of Award, may be requested to furnish
the Performance Security within 28 days.
Please be informed that this Letter of Intent does not substitute the Notification of Award and
cannot be interpreted as the commencement of the Contract. It is also not intended to be, and
shall not constitute in any way a binding or legal agreement, or impose any legal obligation
or duty on either Vode Srpske or ____________ (insert the name of the Bidder).
Referring to the Instruction to Bidders 38.1, Vode Srpske, as 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
Authorized Signature:
Name and Title of Signatory:
Name of Agency:
Notification of Award
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 the Performance Security within 28 days in accordance with the
Conditions of Contract, using for that purpose one of the Performance Security Forms
included in Section X, Contract Forms, of the Bidding Documents.
In accordance with the Instructions to Bidders within twenty-eight (28) days of receipt of the
Contract Agreement, you are required to sign, date and return it to us.
Implementation of the tasks may not start before the contract is signed by both parties.
Authorized Signature:
Name and Title of Signatory:
Name of Agency:
Attachment: Contract Agreement

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 Contract Agreement;
(b) The Letter of Acceptance;
(c) The Letter of Bid/Tender;
(d) Modifications (Addenda) to the Bidding Documents, if any;
(e) Particular Conditions - Contract Data/Data Sheet;
(f) Particular Conditions (PART 3, Part A);
(g) Particular Conditions - Special Provisions – (PART 3, Part B)
(h) General Conditions – “Conditions of Contract for Plant and Design-Build
(“Yellow book”) First edition 1999”;
(i) The Employer’s Requirements - PART 2 – Works Requirements;
(j) Technical Specification and/or Specifications - PART 2 – Works
Requirements;
(k) Drawings and design details - PART 2 – Works Requirements;
(l) Supplementary Information, if any
(m)The completed Schedules and their Preamble which shall include the
completed forms in Part 1 - Section IV. Bidding forms, including, but not
limited to:
i. the ES Management Strategies and Implementation Plans; and
ii. Code of Conduct for Contractor’s Personnel.
(n) The Contractor’s proposal;
(o) The JV Undertaking (if the Contractor is a JV); and
(p) Any other documents forming part of the Contract.
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 Bosnia and Herzegovina and/or Republika Srpska on the day,
month and year specified above.
Signed by ________________________________________________ (for the Employer)
Signed by __________________________________________________ (for the Contractor)

Performance Security
[Guarantor letterhead or SWIFT identifier code]
_______________________________
Beneficiary: ___________________ [Insert name and Address of Employer]
Date: ________________
PERFORMANCE GUARANTEE No.: _________________ [Insert guarantee reference

number]
Guarantor: _____________________________________ [Insert name and address of place of

issue, unless indicated in the letterhead]
We have been informed that ________________ (hereinafter called "the Applicant") has
entered into Contract No. _____________ dated ____________ with the Beneficiary, for the
execution of _____________________ (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, a performance

guarantee is required.
At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________ (
),1 such sum being payable in the types and proportions of currencies in which the Contract
Price is payable, upon receipt by us of the Beneficiary’s first demand in writing supported by
the Beneficiary’s statement, whether in the demand itself or in a separate signed document
accompanying or identifying the demand, stating that the Applicant is in breach of its
obligation(s) under the Contract, without the Beneficiary needing to prove or to show
grounds for your demand or the sum specified therein.
1
The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount
specified in the Letter of Acceptance, less provisional sums, if any, and denominated either in the
currency(cies) of the Contract or a freely convertible currency acceptable to the Beneficiary.
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.
Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a)
is hereby excluded.
_____________________
[signature(s)]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.
2
Insert the date twenty-eight days after the expected completion date as described in 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.”
Advance Payment Security
Demand Guarantee
________________________________
Date: ________________
ADVANCE PAYMENT 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, an advance

payment in the sum ___________ [insert amount in figures] ( ) [insert amount in words] is
to be made against an advance payment guarantee.
At the request of the Applicant, we ____________ [insert name of the Bank] as Guarantor,
hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total
an amount of ___________ [insert amount in figures] [insert amount in words]1 upon
receipt by us of the Beneficiary’s first demand in writing supported by the Beneficiary’s
written statement, whether in the demand itself or in a separate signed document
accompanying or identifying the demand, stating either that the Applicant:
(c)has used the advance payment for purposes other than the costs of mobilization in
respect of the Works; or
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.
(d) 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.
Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a)
is hereby excluded.
____________________
[signature(s)]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.
2
Insert the expected expiration date of the Time for Completion. The Employer should note that in the
event of an extension of the time for completion of the Contract, the Employer would need to request an
extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior
to the expiration date established in the guarantee. In preparing this guarantee, the Employer might
consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor
agrees to a one-time extension of this guarantee for a period not to exceed [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.”
FORM OF PARENT COMPANY GUARANTEE
_______________________________
Date: ________________
PARENT COMPANY 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 “Contractor”) is

submitting an offer for such Contract in response to your invitation, and that the conditions of
your invitation require his offer to be supported by a parent company guarantee.
In consideration of you, the Employer, awarding the Contract to the Contractor, we (name of
Parent company) ____________ irrevocably and unconditionally guarantee to you, as a
primary obligation, the due performance of all the Contractor’s obligations and liabilities
under the Contract, including the Contractor’s compliance with all its terms and conditions
according to their true intent and meaning.
If the Contractor fails to so perform his obligations and liabilities and comply with the
Contract, we will indemnify the Employer against and from all damages, losses and expenses
(including legal fees and expenses) which arise from any such failure for which the
Contractor is liable to the Employer under the Contract.
This guarantee shall come into full force and effect when the Contract comes into full force
and effect. If the Contract does not come into full force and effect within a year of the date of
this guarantee, or if you demonstrate that you do not intend to enter into the Contract with the
Contractor, this guarantee shall be void and ineffective. This guarantee shall continue in full
force and effect until all the Contractor’s obligations and liabilities under the Contract have
been discharged, when this guarantee shall expire and shall be returned to us, and our
liability hereunder shall be discharged absolutely.
This guarantee shall apply and be supplemental to the Contract as amended or varied by the
Employer and the Contractor from time to time. We hereby authorise them to agree any such
amendment or variation, the due performance of which and compliance with which by the
Contractor are likewise guaranteed hereunder. Our obligations and liabilities under this
guarantee shall not be discharged by any allowance of time or other indulgence whatsoever
by the Employer to the Contractor, or by any variation or suspension of the works to be
executed under the Contract, or by any amendments to the Contract or to the constitution of
the Contractor or the Employer, or by any other matters, whether with or without our
knowledge or consent.
This guarantee shall be governed by the law of the same country (or other jurisdiction) as that
which governs the Contract and any dispute under this guarantee shall be finally settled under
the Rules of Arbitration of the International Chamber of Commerce by one or more
arbitrators appointed in accordance with such Rules. We confirm that the benefit of this
guarantee may be assigned subject only to the provisions for assignment of the Contract.
Date _____________ Signature(s) _____________________________________________

EIB 2010-0479 TD TG30 Procurement of Construction of Flood Protection Measures - Rehabilitation of Storm Water Pumping Stations in Republika Srpska

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EIB 2010-0479 TD TG30 Procurement of Construction of Flood Protection Measures - Rehabilitation of Storm Water Pumping Stations in Republika Srpska

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BIDDING DOCUMENTS

Bid No: EIB 2010 – 0479 / TG30

PART 1 – Bidding Procedures 1

PART 2 –Works Requirements 110

PART 3 – Conditions of Contract and Contract Forms 120

PART 1 – Bidding Procedures

Section I. Instructions to Bidders

B. Contents of Bidding Documents 9

D. Submission and Opening of Bids 19

E. Evaluation and Comparison of Bids 22

30. Nonmaterial Nonconformities 23

Section I. Instructions to Bidders

1.2. Throughout these Bidding Documents:

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

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

agreement supported by a letter of intent. In the case of a joint

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

4.3. A Bidder may have the nationality of any country, subject to

4.4. A Bidder that has been sanctioned by the Bank in accordance

Bank-financed contract, financially or otherwise, during such

4.5. Bidders that are Government-owned enterprises or institutions

5. Eligible 5.1. The materials, equipment and services to be supplied under

B. Contents of Bidding Documents

6.3. Unless obtained directly from the Employer, the Employer is

6.4. The Bidder is expected to examine all instructions, forms,

7. Clarification of 7.1. A Bidder requiring any clarification of the Bidding

Bidder’s own expense.

7.4. If so specified in the BDS, the Bidder’s designated

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

7.6. Minutes of the pre-bid meeting, if applicable, including the

8.2. Any addendum issued shall be part of the Bidding Documents

8.3. To give Bidders reasonable time in which to take an

11. Documents 11.1. The Bid shall comprise the following:

substitutes shall be accepted except as provided under ITB

13.2. When alternative times for completion are explicitly

13.3. Except as provided under ITB 13.4 below, Bidders wishing

13.4. When specified in the BDS, Bidders are permitted to

not listed in the priced Bill of Quantities shall be assumed to

14.3. The price to be quoted in the Letter of Bid, in accordance

14.5. Unless otherwise specified in the BDS and the Contract,

14.6. If so specified in ITB 1.1, bids are being invited for

14.7. All duties, taxes, and other levies payable by the

submitted by the Bidder.

17. Documents 17.1. In accordance with Section III, Evaluation and

17.2. If a margin of preference applies as specified in accordance

prior to the deadline for submission of Bids. Such approval

18.2. In exceptional circumstances, prior to the date of

18.3. If the award is delayed by a period exceeding fifty-six (56)

19.2. A Bid-Securing Declaration shall use the form included in

19.3. If a bid security is specified pursuant to ITB 19.1, the bid

19.4. If a bid security or Bid Securing Declaration is specified

pursuant to ITB 19.1, any bid not accompanied by a

19.5. If a bid security is specified pursuant to ITB 19.1, the bid

19.6. The bid security of the successful Bidder shall be returned

19.7. The bid security may be forfeited:

19.8. The bid security or the Bid-Securing Declaration of a JV shall

ITB 19.1, and

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

20.4. Any inter-lineation, erasures, or overwriting shall be valid

D. Submission and Opening of Bids

21.2. The inner and outer envelopes shall:

22.2. The Employer may, at its discretion, extend the deadline

24.2. Bids requested to be withdrawn in accordance with ITB

Date signed __________ day of _,