1. Generic Documents for the Design, Build, Operate Contract for a Solid Waste Facility

2. Agenda 1.Overview 2.Review of Documents –Pre-Qualification Documents –Bidding Documents –DBO Contract

3. Overview Procurement Documents Pre-Qualification Documents Bidding Documents –Annex A Bid Form Bidder’s Price Form and Price Schedules Bid Security Form Performance Security Form Bank Guarantee Form – Advance Payment Format of Curriculum Vitae Form for Clarification Questions –Annex B: Draft Contract

4. Overview Contract Documents Form of Contract General Conditions to the Contract Appendices to the General Conditions: 1.Special Conditions of Contract 2.Terms and Procedures of Payment 3.Technical Specifications consisting of, Appendix “3A” – Design-Build Services Appendix “3B” – Operations Services Appendix “3C” – Technical Standards

5. Overview Contract Documents (continued) 4.Site Appendix 5.Service Area Appendix 6.Liquidated Damages Appendix 7.Operator’s Expertise Appendix 8. Operator’s Bid

6. Pre-Qualification Documents Sources SDB Works – Prequalification as amended for management contracts, leases etc. similar changes as those made in management contracts, leases etc. GITA and PITA approach used

7. Pre-Qualification Documents Pre-Qualification Documents Review

8. Pre-Qualification Documents Key Issues evaluation of applications based on solid waste facility design, build and operations experience, financial position, personnel capabilities and litigation history subcontractors experience may be considered

9. Pre-Qualification Documents Pre-Qualification Criteria Applicants must demonstrate general experience designing, building, operating and maintaining a solid waste facility –for a certain length of time –with a minimum average annual turnover Applicants must demonstrate experience in a certain number and type of solid waste disposal projects or assignments

10. Pre-Qualification Documents Pre-Qualification Criteria (continued) Applicants must demonstrate financial strength requirements –adequate cash flow for the contract –adequate cash flow for works in progress and future contract commitments Applicants must provide information with respect to –management structure –candidates for key positions

11. Pre-Qualification Documents Pre-Qualification Criteria (continued) Applicants must provide information about legal matters, including: –litigation or arbitration in the past 5 years –labour relations issues –criminal or environmental prosecutions

12. Bidding Documents Bidding Documents Review

13. Bidding Documents Key Issues - Bids Bidders submit Technical Section consisting of –Design-Build Workplan –Operations Workplan –Staffing Plan Bidders submit Financial Section consisting of Price Schedules Technical and Financial Sections submitted in same envelope

14. Bidding Documents Key Issues - Bid Evaluation preliminary examination of bids technical aspects of each Bid evaluated with respect to the following factors: –the Design-Build Workplan –the Operations Workplan –the Staffing Plan price evaluation to ensure substantial responsiveness

15. Bidding Documents Key Issues - Award award is to the Bidder whose Bid has been determined to be substantially responsive and has the lowest evaluated Bid Price

16. Design, Build, Operate Contract Sources FIDIC existing standard World Bank bidding documents existing management and operating contracts

17. Design, Build, Operate Contract General Conditions – Key Issues Contract Term, Timing and Completion Obligations of the Operator and the Owner (quality, governing law, site access etc.) Contract Price and Payment (incentives, liquidated damages, securities, taxes and duties) Intellectual Property (copyright in design-build)

18. Design, Build, Operate Contract General Conditions - Key Issues Contract Administration and Supervision (Design-Build supervision, Operations supervision, Engineer’s duties etc.) Representatives, Staff and Subcontracting (Owner’s rep, Operator’s rep, personnel, existing staff) Liability and Risk Distribution (defects, limitation of liability, indemnification, insurance, force majeure etc.)

19. Design, Build, Operate Contract General Conditions - Key Issues Change in Contract Elements (change to Design-Build Services, change order processes) Suspension and Termination (rules with respect to both suspension of work and termination of the Contract)

20. Design, Build, Operate Contract Key Appendices – Technical Specifications Design-Build Appendix (setting out services to be provided in the Design- Build period) Operations Services Appendix (outlining all operations responsibilities) Technical Standards Appendix (outlining all technical standards -most are project specific) Operation of existing facilities, if any

21. Design, Build, Operate Contract Key Appendices - Contract Price Adjustment to be drafted on a project-by-project basis long term provisions for the adjustment of price for Operations Services over time

22. Design, Build, Operate Contract Key Appendices – Incentive Compensation to be drafted on a project-by-project basis intended to be used to encourage operations achievements

23. Design, Build, Operate Contract Key Appendices – Existing Staff to be drafted on a project-by-project basis intended to be used to deal with circumstances where there are existing staff this will be dependent on the local law

24. Design, Build, Operate Contract Key Appendices – Liquidated Damages sets out the failures of the Operator to meet the Technical Standards that will give rise to Liquidated Damages establishes the amounts of Liquidated Damages that will apply

25. Design, Build, Operate Contract Key Appendices – Operator’s Expertise Operator must have all expertise required to carry out the Services describes the areas of expertise the Operator must have

26. Generic Documents for the Design, Build, Operate Contract for a Solid Waste Facility